StrongMind AI — Terms of Service

Effective date: 2 Nov 2025
Legal owner: StrongMind AI (the “Company”, “we”, “us”)
Support: [email protected]
Mailing address (CASL-required): StrongMindAI, 1108 Lynwood Avenue, Port Coquitlam, V3B 6S3, Canada

Non-legal notice: This document is business guidance, not legal advice. Confirm with counsel for your specific circumstances under BC PIPA/PIPEDA, CASL, CRTC rules, and (if applicable) U.S. TCPA/CTIA/10DLC.
By using our services, signing an Order Form, or clicking “I agree,” you accept these Terms.

1) Who we are & age-of-majority
The contracting entity is StrongMind AI as identified on your Order Form or invoice. To protect minors, the contracting party must be 19+ (BC age of majority) or a business organization.

2) Changes
We may update these Terms; material changes will be notified at least 30 days in advance. Continued use after the effective date means acceptance.

3) Key definitions
Client / you: the organization or person using the Services.
Services: AI receptionist/voice agents, SMS/MMS, missed-call capture, FAQ handling, booking-link routing and reminders, simple landing pages, analytics/dashboards, APIs/integrations, and support.
Third-Party Services: providers we integrate or rely on (e.g., Twilio/OpenPhone/carriers, Vapi/Retell, Cal.com/Calendly, Make/Zapier, Google, email/SMS gateways). Their terms, limits, fees, and outages apply.
Client Content: data you or your users provide (scripts/prompts, knowledge base, contacts, booking links/schedules, price lists, policies, recordings/transcripts, logs, and metadata).
Personal Information: as defined under BC PIPA and PIPEDA.
CEM: commercial electronic message under CASL.
4) Scope of Services & dependencies
We provide AI-assisted call/SMS handling and, if configured, may send your public booking link to your scheduling system (that system sends confirmations/reminders if enabled). You control what systems we connect. Third-Party terms, pricing, and outages apply. Beta features are as-is.

5) Accounts & eligibility
You are responsible for access credentials, phone numbers, API keys, compliance settings, and activity in your account. You represent you are 19+ or authorized to bind a company.

6) Privacy, data roles, security (PIPA/PIPEDA)
Roles. For Client Content/Personal Information, we act as service provider/processor; you are the organization/controller. For our own site analytics, billing, fraud prevention, and compliance, we may act as a controller.
Notices/consent. You provide required privacy notices and obtain any consents (including for call recording and transcripts). You will honor data subject requests that apply to you.
Security. We apply commercially reasonable administrative/technical/physical safeguards; you secure your systems and connected Third-Party accounts.
Cross-border. Data may be processed/stored outside Canada (e.g., U.S.) and subject to foreign laws. You consent to this and will obtain any end-user consents required by law.
Vendors. We use reputable services (e.g., Google Workspace/Drive, cloud hosting for strongmindai.ca, carriers, Vapi/Retell, Make/Zapier). An up-to-date list is available upon request.
Retention & deletion. We retain Client Content for 30 days after termination solely for export; then delete per this section. On written request, we will delete/return Client Content within 30 days unless law prevents it.
Breach notices. We will notify you where required by law and cooperate reasonably.
7) Messaging & Voice Program (A2P compliance)
This section is carrier-facing and incorporated into your campaign registration.

7.1 Program summary
Program name: StrongMind AI Alerts & Scheduling
Purpose: Service and sales communications for demos, quotes, onboarding, and account notices.
Channels: SMS/MMS, email, voice calls, and ringless/voicemail where permitted.
Frequency: Varies by activity (confirmations, reminders, follow-ups).
Identity in every message: StrongMind AI, [email protected], StrongMindAI, 1108 Lynwood Avenue, Port Coquitlam, V3B 6S3, Canada.
7.2 Consent & lawful sending (CASL first)
Your responsibility. You (the Client) are the sender under CASL and (if applicable) U.S. TCPA/CTIA. You will obtain and document valid consent (or a legal exemption) for each recipient before directing us to send any message or voicemail drop.
Accepted opt-in sources (we can enable any/all):

Web form with a checked consent box + links to this TOS and Privacy Policy.
SMS keyword (e.g., START/YES) after a clear disclosure.
Voice/IVR consent captured on the call (time/ANI logged).
Business relationship or express inquiry exemption under CASL, where applicable.
Proof. You agree to store consent logs (source, timestamp, IP/ANI, disclosure shown, policy version) for ≥ 24 months after the last message.
Required footer elements in CEMs: sender legal name, contact email, and postal mailing address; plus a functional unsubscribe.
Functional opt-out: For SMS: “Reply STOP to opt out, HELP for help. Msg&data rates may apply.” Opt-outs must be honored immediately and logged. Email must include a working unsubscribe link.
No emergency use: Services are not 911/E911 or emergency services.
7.3 Canada — CRTC/DNCL & voicemail drops
For outbound calling/voicemail drops you will: (a) comply with DNCL or claim a valid exemption; (b) present caller identity and a call-back number; (c) respect time-of-day/quiet-hour restrictions; (d) maintain internal suppression lists. Treat ringless/voicemail drops as telemarketing where applicable and include identification + callback.

7.4 United States (if you message U.S. numbers)
TCPA/CTIA/10DLC. Obtain express written consent for marketing texts, follow CTIA rules (content, STOP/HELP), and register brand/campaigns (10DLC) when using U.S. long codes.
Required disclosures: “Msg&data rates may apply. Reply STOP to opt out, HELP for help. Message frequency varies. Carriers are not liable for delayed or undelivered messages.”
Unregistered/high-risk traffic may be blocked by carriers.
8) Recording & monitoring
If you enable recording or transcripts, you must provide a clear notice and obtain consent. If a caller declines, you must provide a no-recording path or disable recording immediately.

Suggested consent line (voice agent):
“This call may be recorded and transcribed for scheduling and quality. Do I have your consent to continue?”

9) Acceptable use
No illegal activity, spam, deception, spoofing, call pumping, DoS, robocalls, bulk unsolicited messaging, or hateful/exploitative/violent content. Do not process highly sensitive regulated data (full card numbers, EMR/PHI, government-classified) without our prior written approval and safeguards. We may suspend or throttle to address deliverability, legal, or security risks.

10) Fees, billing & taxes (CAD) — Quote-Based Pricing
No public pricing is shown on our website. All fees/limits are defined only in your signed Order Form or SOW after discovery. Marketing pages are informational and not offers.

Types of charges (if applicable):
a) Platform/subscription (recurring).
b) Usage-based (voice minutes, call sessions, SMS/MMS segments, API calls) as reported by carriers/platforms.
c) Onboarding/setup/customization.
d) Third-party pass-through (phone numbers, carrier rates, platform seats, Cal.com/Calendly, Make/Zapier operations) at then-current provider rates.
e) Taxes (GST/PST/HST and applicable regulatory fees).

Measurement. Voice billed in 60-second increments (rounded up per call). SMS/MMS billed per provider-defined segments/units. Enrichment/verification/add-ons may incur additional pass-through fees.

Invoicing & payment (unless your Order Form says otherwise):

Recurring platform fees billed in advance (monthly/annually).
Usage and pass-through billed in arrears.
Accepted methods: Interac e-Transfer, Stripe, Square, PayPal (as indicated).
You authorize recurring charges to the payment method on file.
Late/failed payments: we may charge 1.5% per month (18% annual) on overdue amounts and suspend services after notice.
Price changes: take effect on renewal or new scopes with 30 days’ notice unless your Order Form states otherwise.

11) Fair use & service limits
To protect network quality and deliverability, we may apply reasonable limits (e.g., concurrency caps, rate limits, quiet hours). The Services are designed for receptionist workflows—not for mass-dialing, lead-gen robocalls, or bulk SMS campaigns.

12) Term, renewal & termination
Initial term: month-to-month (unless your Order Form states otherwise).
Renewal: monthly auto-renewal.
Convenience cancellation: either party may cancel effective at month-end by giving 7 days’ notice before the next billing date.
For cause: either party may terminate for material breach after 10 days’ written notice if uncured, or immediately for egregious AUP violations, fraud, or security risks.
Effect: access ends at termination; export available for 30 days, then deletion per §6.
Survival: §§6–9, 10 (amounts due), 11–19, and 21–24 survive termination.
13) Refunds
Fees are non-refundable unless required by law or expressly stated in an Order Form.

14) Service levels & support
Commercially reasonable efforts for availability and support. Third-party networks/carriers/platforms may affect quality or uptime. We may perform scheduled or emergency maintenance.
Support: [email protected] (Pacific Time).

15) AI disclaimers
AI outputs can be inaccurate or inappropriate. Review before relying on them. We do not provide legal, medical, or financial advice.

16) Intellectual property
We own the Services, software, models, and documentation (excluding Client Content). We grant you a limited, non-transferable licence to use the Services during the term. You grant us a licence to process Client Content to provide, secure, and improve the Services and comply with law. Feedback may be used without restriction.

17) Confidentiality
Each party will protect the other’s confidential information using reasonable safeguards and use it only for these Terms. Standard exclusions apply (public, independently developed, or lawfully obtained information).

18) Indemnities
By Client: you indemnify us for (a) Client Content; (b) your use in violation of law/Terms; and (c) your CASL/CRTC/TCPA/CTIA non-compliance.
By StrongMind AI (IP): we will defend you in Canada for claims that the Services (as provided) infringe Canadian IP rights; if needed, we may modify/replace/stop an affected feature and provide a pro-rated credit.
19) Liability cap
No indirect, special, consequential, punitive damages, or lost profits/revenue/goodwill. Each party’s aggregate liability is capped at the fees you paid or payable in the last six (6) months before the event.

20) Force majeure
Neither party is liable for delays/failures due to events beyond reasonable control (e.g., carrier outages, DDoS, power failures, natural disasters, war, regulatory actions).

21) Assignment & subcontracting
You may not assign without our consent (not unreasonably withheld). We may assign to an affiliate or in a merger/sale and may use subcontractors while remaining responsible for their acts/omissions.

22) Governing law & venue
These Terms are governed by the laws of British Columbia and Canada. Venue: Vancouver, BC.

23) Notices
Email legal notices to [email protected] and mail to:
StrongMindAI, 1108 Lynwood Avenue, Port Coquitlam, V3B 6S3, Canada

24) Entire agreement; order of precedence; e-acceptance
These Terms plus any Order Forms/policies are the entire agreement and supersede prior terms. Order of precedence: (1) Order Form; (2) these Terms; (3) referenced policies. “Including” means “including without limitation.” Clicking “I agree,” e-signing, or using the Services constitutes acceptance under the BC Electronic Transactions Act.