Terms of Service

These Terms govern use of the Clientaly platform provided by Cybercana Consulting Inc. (“Cybercana”, “we”). You accept these Terms, the Privacy Policy and, where you store client data, the Data Processing Terms when you first sign in and whenever a material change is published.

The service

Clientaly is a client-relationship-management platform for licensed insurance professionals: lead and family management, policy tracking, quoting, compliance documentation, calendaring, and communications tools. Cybercana provides software only — it is not an insurer, broker, agent, or adviser, and nothing produced by the platform constitutes insurance, legal, financial, tax, or compliance advice.

Availability of the service

The platform is offered to licensed insurance professionals operating in Ontario, British Columbia, Alberta, Manitoba, Saskatchewan, Nova Scotia, New Brunswick, Prince Edward Island, Newfoundland and Labrador, Yukon, the Northwest Territories and Nunavut. If a province or territory is not named here, the platform is not offered for use in it.

The platform is not offered in Quebec. It is not designed for, and must not be used to manage, clients resident in Quebec, whose personal information is subject to requirements under the Act respecting the protection of personal information in the private sector, as amended by Law 25, that the platform does not currently implement.

Insurance is regulated provincially. You are responsible for holding a licence in good standing in each province or territory in which you conduct business, and for meeting the continuing-education, disclosure, record-keeping and conduct requirements of every regulator having authority over you. The platform does not determine, verify or monitor your licensing status or continuing-education standing in any jurisdiction.

Accounts and eligibility

You must be a licensed insurance professional (or an organization employing them) in a Canadian province where you operate, and you must keep your licensing information current. You are responsible for all activity under your account and for keeping credentials confidential. Seats may not be shared between individuals.

Subscriptions and billing

Plans are billed monthly in CAD through Stripe. Trials convert to paid subscriptions only when you subscribe; expired trials may be restricted. Fees are non-refundable except as required by law. We may change prices with at least 30 days’ notice. Failure to pay may result in suspension of access; data belonging to suspended accounts is retained per our retention policy so it is not lost during payment issues.

Client communications

You are the sender of every message the platform transmits to your clients, including quotes, marketing, birthday and review messages. You are responsible for holding valid consent under Canada’s Anti-Spam Legislation before those messages are sent, for the accuracy of the sender identification and mailing address shown in them, and for honouring withdrawals. Cybercana provides the tools — consent records, suppression lists, sender identification and unsubscribe mechanisms — and does not send commercial messages to your clients on its own behalf.

Quotes, rates and product information

Quoting tools calculate figures from rate tables and product information supplied by insurers, distributors or administrators and loaded into the platform. Rates change, tables can be superseded, and data may contain errors. Every quote produced by the platform is an estimate for discussion only and is not a binding offer of insurance, a guarantee of availability, or confirmation of price. You are responsible for verifying premiums, eligibility, coverage terms and policy wordings against the insurer’s own materials before presenting them to a client or relying on them in advice. Cybercana does not warrant the accuracy, currency or completeness of rate or product data and is not liable for advice given, business written, or losses arising from reliance on it.

Compliance tools

Needs analyses, reason-why letters, consent records, suitability documentation and compliance reporting are aids to your own record-keeping. They do not constitute regulatory advice and do not guarantee compliance with any statute, regulator or insurer requirement. You remain solely responsible for meeting your obligations to your regulator, your errors-and-omissions insurer and your clients, and for reviewing every document the platform generates before it is used or delivered.

Your data and responsibilities

You retain all rights to the client data you store. You are the organization accountable for that data under privacy law: you must have the legal right and appropriate consents to store it, use it only for legitimate insurance purposes, and honour your clients’ access, correction, and withdrawal-of-consent rights. You must not upload data you are not entitled to hold, use the platform to send messages that violate CASL, or attempt to access another tenant’s data.

Acceptable use

No reverse engineering, penetration testing without written permission, scraping, extraction of rate or product data other than for quoting your own clients, reselling access, or use that violates law or regulator (e.g., FSRA, BCFSA, AIC) requirements. We may suspend accounts that endanger the platform or other tenants, with notice where practicable.

Third-party services

The platform depends on third-party services including hosting, database, payment, email and calendar providers. Interruption, failure, change or discontinuation of those services may affect availability or functionality. Where you connect your own Google account, messages sent through it are subject to Google’s terms and quotas. Cybercana is not responsible for the acts, omissions or availability of third-party services.

Availability, backups and support

The service is provided as is and as available, without uptime guarantee at this tier. We take regular backups and maintain the safeguards described in the Privacy Policy, but backups are taken at intervals and are not a continuous or point-in-time copy: some recent data may not be recoverable following an incident. You are responsible for exporting your own records if you require an independent copy.

Disclaimer of warranties

Limitation of liability

You acknowledge that the fees reflect this allocation of risk, and that Cybercana would not provide the service on these terms without it.

Indemnity

You will defend, indemnify and hold harmless Cybercana, its directors, officers and personnel from and against any third-party claim, demand, proceeding, loss, liability, fine, penalty, damage, cost and expense (including reasonable legal fees) arising out of or relating to: (a) client or other personal information you upload, store or transmit, including any absence of the required rights or consents; (b) any commercial electronic message sent through the platform under your account, including any breach of Canada’s Anti-Spam Legislation; (c) advice, recommendations, quotes or documents you provide to your clients, including any reliance on rate or product data; (d) your breach of these Terms, the Data Processing Terms, or applicable law; (e) your licensing status or regulatory obligations; and (f) use of your account by any person, whether or not authorized by you.

Cybercana will notify you of any claim to which this indemnity applies, allow you to control the defence with counsel reasonably acceptable to Cybercana, and provide reasonable cooperation at your expense. You may not settle a claim in a way that imposes obligations or admissions on Cybercana without its written consent.

Force majeure

Neither party is liable for failure or delay caused by events beyond its reasonable control, including internet or utility failure, acts of a third-party provider, cyber-attack, labour disruption, epidemic, act of government, or natural disaster. This does not excuse an obligation to pay fees already due.

Termination and data export

You may cancel at any time; access continues to the end of the paid period. We may suspend or terminate for material breach, non-payment, or conduct that endangers the platform or other tenants, with notice where practicable. On termination you may request an export of your tenant’s data within 60 days, after which it may be scheduled for deletion in line with the retention policy and legal obligations.

Dispute resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict-of-laws rules. The parties attorn to the exclusive jurisdiction of the courts of Ontario. Each party waives any right to participate in a class, collective or representative proceeding in respect of any dispute arising from these Terms, to the extent permitted by law. Any claim must be brought within two (2) years of the event giving rise to it.

Survival

The sections headed Quotes, rates and product information; Compliance tools; Your data and responsibilities; Disclaimer of warranties; Limitation of liability; Indemnity; Dispute resolution; and this section survive termination or expiry.

General

These Terms, together with the Privacy Policy and the Data Processing Terms, form the entire agreement between the parties regarding the service and supersede prior discussions. If a provision is held unenforceable, it is severed or limited to the minimum extent necessary and the remainder continues in force. Failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a reorganization or sale of the business. Notices to you may be given in the platform or to your account email; notices to us go to privacy@clientaly.com. We may update these Terms with notice to subscribers; continued use after renewed acceptance constitutes agreement.

Cybercana Consulting Inc., Ontario, Canada — privacy@clientaly.com