Terms of Use

1. Definitions

For the purposes of these Terms of Use, the following terms shall have the meanings set out below.

2. General

NovaLink grants you a non-exclusive, non-transferable, revocable, limited licence to access and use the App and Services in accordance with these Terms of Use. You agree not to infringe our intellectual property rights or the rights of any third party in connection with your use of the App or Services, and you will comply with all applicable licence terms, laws, rules, and regulations.

You acknowledge that you are responsible for obtaining and maintaining internet access, devices, software, and other equipment required to use the Services, including phones, computers, tablets, internet connectivity, and any related telecommunications services. You are also responsible for all fees, charges, and expenses associated with such equipment and access.

NovaLink may, without notice or liability, add, discontinue, suspend, revise, or modify any aspect of the Services, including the scope, features, functionality, technical requirements, design, integrations, or availability of the Services. NovaLink may also limit or restrict the availability of certain Services in certain jurisdictions, industries, or customer segments.

Without limiting the foregoing, if there is a failure, interruption, delay, omission, defect, deficiency, outage, or inability to access the Services for any period of time, including as a result of a permanent discontinuation of any part of the Services, you acknowledge and agree that, except as otherwise expressly set out in this Agreement or another written agreement signed by NovaLink, your sole remedy is to discontinue use of the App and Services.

Subscribers and users are responsible for maintaining the confidentiality of usernames, passwords, access credentials, API credentials, and other security information, and the Subscriber is responsible for all activity that occurs under its accounts, whether authorized or unauthorized.

You assume sole responsibility for the accuracy, completeness, legality, reliability, and appropriateness of all content, information, data, documents, recordings, materials, instructions, prompts, and other inputs used, disclosed, entered, uploaded, transmitted, or created using the App or Services. You represent and warrant that you have obtained all required notices, permissions, authorizations, and consents, including any privacy, recording, or disclosure consents, required under Applicable Law in connection with your use of the App and Services and your disclosure of information to NovaLink and its service providers.

3. Conditions of Use

You agree to use the App and Services only for their intended business purposes and only in accordance with this Agreement and Applicable Law.

If you register for an account, you agree, represent, and warrant that you will provide true, current, complete, and accurate information requested during registration and thereafter. Your registration for any part of the App constitutes your acknowledgement that personal information provided in connection with registration may be used in accordance with our Privacy Policy and for purposes ancillary to the Services.

You are responsible for keeping your username, password, account details, and all related access information secure and up to date. You are entirely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree to release and hold harmless the NovaLink Parties from any loss, liability, or claim arising from unauthorized use of your account, except to the extent caused directly by NovaLink's gross negligence or wilful misconduct.

You further agree to indemnify the NovaLink Parties for damages, third-party claims, liabilities, losses, or expenses arising from activities conducted through your account or by your users, agents, contractors, or representatives.

4. Third-Party Services and Providers

Certain Services or functionalities may be provided, supported, enabled, or integrated through third-party service providers and not directly by NovaLink. You acknowledge that such third-party services may be subject to their own terms, policies, limitations, fees, and conditions. Your access to or use of such services may be limited or conditioned by the applicable third-party provider.

Without limiting the foregoing, the Services may rely on third-party providers for cloud hosting, telephony, transcription, artificial intelligence, storage, analytics, monitoring, email delivery, authentication, or other infrastructure. NovaLink is not responsible for failures, interruptions, delays, inaccuracies, or losses caused by third-party providers.

5. Software Notice

If use of the Services requires the download, installation, or use of software, SDKs, APIs, or other technical components, you may be required to agree to additional licence terms. Any such software or technical components shall be governed by these Terms of Use and any additional licence terms applicable to them.

6. Copyright, Trade-Marks, and Intellectual Property

NovaLink and its licensors, suppliers, and providers own the proprietary rights and intellectual property rights in and to the App, Site, Services, software, interfaces, workflows, code, designs, visual elements, trade-marks, trade names, logos, domain names, content, documentation, text, tools, utilities, concepts, methods of operation, and all related materials, excluding your data and information that you submit to the Services.

Your use of the Services does not constitute a sale or transfer of any intellectual property rights to you. Subject to your ownership rights in your own data and content, NovaLink reserves all rights not expressly granted in these Terms of Use.

You retain ownership of the private data, information, documents, recordings, and other content you submit or input into the Services. You grant NovaLink a worldwide, non-exclusive, royalty-free licence to host, use, reproduce, transmit, process, store, display, modify, and otherwise use such content solely as necessary to provide, support, secure, maintain, and improve the Services, to comply with law, and to enforce this Agreement.

You agree that you will not copy, reproduce, reverse engineer, decompile, disassemble, redistribute, republish, sell, lease, sublicense, modify, transfer, create derivative works from, or otherwise exploit the App or Services or any portion thereof without NovaLink's prior written consent, except as expressly permitted by law.

7. Prohibited Use

You shall access and use the App and Services only for lawful purposes. You shall not use the App or Services to commit, facilitate, or further any unlawful, fraudulent, deceptive, abusive, harassing, defamatory, infringing, or otherwise improper act.

You may not upload, transmit, store, or process any information, material, recording, communication, or content that is unlawful, fraudulent, misleading, malicious, threatening, harassing, offensive, defamatory, obscene, infringing, discriminatory, or otherwise objectionable, or that violates any privacy, confidentiality, intellectual property, or other legal rights of any person.

You may not interfere with, disrupt, damage, impair, or overload the App, Services, networks, systems, or infrastructure used in connection with the Services. You may not attempt to gain unauthorized access to the App, Services, accounts, systems, networks, data, or infrastructure by hacking, scraping, credential stuffing, password mining, phishing, reverse engineering, malware, or any other improper means.

You may not upload any viruses, worms, malware, spyware, corrupted files, Trojan horses, or other harmful code or material. You may not use the App or Services to collect personal information without proper authority or consent, or in violation of Applicable Law.

8. Accuracy and Responsibility for Inputs

NovaLink relies on you and your users to ensure that the information, data, documents, recordings, prompts, and other materials you provide while using the Services are accurate, complete, lawful, up to date, and appropriate for the purposes for which they are used.

You acknowledge that the Services, including any AI-assisted functionality, may rely on the data and instructions you provide. NovaLink does not verify all inputs or outputs for accuracy, completeness, timeliness, or legal compliance. You are responsible for reviewing and validating outputs generated through the Services before relying on them for operational, legal, insurance, claims, or business purposes.

9. AI Functionality

The Services may include artificial intelligence, automated workflows, conversational systems, transcription, summarization, extraction, or reporting tools. These features are intended to assist with workflow efficiency and operational support only.

You acknowledge and agree that AI-generated outputs may contain errors, omissions, inaccuracies, or incomplete information and are provided on an "as is" basis. You are solely responsible for reviewing, validating, and approving any AI-generated output before using it for any decision, claim process, communication, or other purpose. NovaLink does not guarantee the accuracy, completeness, reliability, or fitness of any AI-generated output.

Unless expressly agreed by NovaLink in writing, NovaLink does not use client claim data or personal information submitted through IntakePro to train general-purpose public AI models.

10. Recording, Notice, and Consent Obligations

The Services may involve call recording, transcription, monitoring, summarization, or other processing of communications. You represent and warrant that you are solely responsible for determining whether notice, consent, disclosure, or authorization is required under Applicable Law before recording, monitoring, or processing any communication using the Services, and for ensuring that all such requirements are satisfied.

NovaLink does not provide legal advice regarding recording or consent obligations. You agree that your use of the Services is at your own risk with respect to compliance with recording, privacy, insurance, consumer protection, and telecommunications laws.

11. Updates

NovaLink may from time to time update, enhance, patch, modify, or improve the Services or any software used in connection with the Services. Such updates may occur automatically or otherwise, with or without prior notice. The updated version of the Services shall remain subject to the then-current version of these Terms of Use and any additional applicable terms.

12. Fees and Payment

Certain Services may be offered on a paid basis pursuant to an order form, statement of work, pricing schedule, subscription plan, or other separate commercial agreement. You agree to pay all fees, charges, and applicable taxes associated with your use of paid Services in accordance with the applicable commercial terms.

If your use of the Services involves third-party charges, including but not limited to phone, text, telephony, messaging, data, hosting, or integration-related charges, such charges may be billed separately by NovaLink or by the applicable third party, depending on the service arrangement.

NovaLink reserves the right to suspend or limit access to paid Services in the event of non-payment.

13. Limitation of Liability

To the maximum extent permitted by Applicable Law, the NovaLink Parties shall not be liable for any loss, cost, claim, complaint, demand, debt, damage, cause of action, proceeding, liability, expense, legal fee, disbursement, or other harm of any kind whatsoever, including any lost profits, lost revenue, lost business opportunity, lost data, business interruption, indirect, consequential, incidental, special, aggravated, exemplary, or punitive damages, arising out of or relating to this Agreement, the App, the Site, the Services, any third-party services, any AI-generated output, any failure or interruption of service, any unauthorized access, any data inaccuracy, any loss of data, any security event, or your inability to use the Services, whether in contract, tort, negligence, strict liability, statute, or otherwise, even if advised of the possibility of such damages.

Without limiting the foregoing, the App and Services are provided on an "as is" and "as available" basis. NovaLink disclaims all representations, warranties, and conditions, express, implied, statutory, or collateral, including any warranty or condition of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, accuracy, completeness, reliability, security, or error-free performance.

To the maximum extent permitted by Applicable Law, NovaLink's total aggregate liability arising out of or relating to this Agreement or the Services shall not exceed the lesser of (a) ten thousand Canadian dollars (CAD $10,000) and (b) the total fees paid by you to NovaLink in the twelve (12) months preceding the event giving rise to the claim.

14. Indemnity

You agree to indemnify, defend, and hold harmless the NovaLink Parties from and against any and all claims, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonable legal fees and disbursements, arising out of or relating to your use of the App or Services, your breach of this Agreement, your violation of Applicable Law, your content or data, your failure to obtain legally required notices or consents, or your infringement or violation of the rights of any person.

15. Termination of Service

NovaLink may suspend, limit, or terminate this Agreement and your access to the App or Services at any time if you breach these Terms of Use, if we reasonably believe your use presents a security, legal, or operational risk, if required by law, or if the Services are discontinued.

You may cease using the Services at any time. Where applicable, termination of paid Services shall also be governed by the relevant commercial agreement, subscription plan, or order form.

Upon termination, you must immediately cease using the Services. NovaLink may block or disable your access to the App and Services. Sections of this Agreement that by their nature should survive termination shall survive termination, including those relating to intellectual property, limitation of liability, indemnity, confidentiality, dispute resolution, and governing law.

16. Ownership and Disclosure of Information

Subject to the licences granted in this Agreement, you own your private data, content, and information that you submit or use in connection with the Services. NovaLink does not claim ownership of such data. However, NovaLink may disclose or preserve such information where reasonably necessary to provide the Services, prevent fraud, maintain security, enforce this Agreement, comply with legal obligations, respond to legal process, or protect the rights, property, or safety of NovaLink, its users, clients, or others.

Where reasonably appropriate and legally permitted, NovaLink may provide notice before making such disclosure.

17. Third-Party Links and Content

The App or Services may contain links to third-party websites, services, content, tools, integrations, or providers. Such third-party services are independent from NovaLink. NovaLink has no control over and assumes no responsibility for the content, functionality, security, availability, or practices of third-party providers. Your use of such third-party services is at your own risk and subject to the applicable third-party terms and policies.

18. Authorization to Process and Transfer Data

You acknowledge and agree that NovaLink may process, host, store, transfer, and access data and information submitted through the Services as necessary to provide and support the Services. This may include processing or transfer outside Ontario or outside Canada through third-party service providers or infrastructure used in connection with the Services.

NovaLink will handle personal information in accordance with its Privacy Policy.

19. Force Majeure

Neither party shall be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, power failures, internet failures, telecommunication failures, third-party service interruptions, labour disputes, riots, war, terrorism, civil unrest, pandemics, government action, legislative changes, embargoes, or other unforeseen events. The affected party shall be excused from performance for the duration of the event and for a reasonable recovery period thereafter.

20. Severability

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and shall continue to be binding and enforceable to the maximum extent permitted by law.

21. Governing Law and Dispute Resolution

This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. This Agreement and all matters arising from or related to it shall be deemed to have been performed in Ontario, Canada.

You irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, in respect of any dispute arising out of or relating to this Agreement, the App, Site, or Services. You waive any right to participate in a class action proceeding against NovaLink and agree that any dispute shall be brought only on an individual basis.

22. Privacy Policy

NovaLink's Privacy Policy is incorporated into and forms part of this Agreement. The Privacy Policy governs the collection, use, disclosure, retention, protection, and accuracy of personal information used in connection with the Services.

23. Registration Information and Credentials

Subscribers and users are responsible for maintaining the confidentiality of usernames, passwords, API keys, tokens, and other access credentials. You are responsible for all activities carried out using such credentials, whether authorized by you or not, unless prohibited by law.

24. No Waiver

No delay or omission by NovaLink in exercising any right or remedy under this Agreement shall operate as a waiver of that or any other right or remedy. Any waiver must be in writing and signed by NovaLink to be effective.

25. Copyright Complaints

NovaLink respects the intellectual property rights of others. If you believe that material made available through the App or Services infringes your copyright or other intellectual property rights, you may submit a written complaint to:

Your notice should include sufficient detail to identify the material in question, the basis of your claim, your contact information, and a statement that the information in your notice is accurate and that you are authorized to act in respect of the rights at issue.

26. Language

You and NovaLink expressly acknowledge and agree that this Agreement and all related agreements, notices, disclosures, and policies shall be drawn up in the English language only.

27. Entire Agreement

These Terms of Use, together with our Privacy Policy and any applicable order form, subscription plan, statement of work, or other written agreement entered into with NovaLink, constitute the entire agreement between you and NovaLink with respect to the App and Services and supersede all prior or contemporaneous understandings relating to the same subject matter.