Terms of Service
Effective Date: Dec 27, 2024
1. Introduction
Welcome to Conduit Lead Capture Inc. (“Conduit,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Conduit platform, including its marketing website, progressive web application (PWA), native mobile app, API, integrations, Contact Us forms, RFP forms, Help Centre, and any related services or materials (collectively, the “Services”).
By clicking “Accept,” creating an account, accessing the Services, requesting API keys, or otherwise utilizing any aspect of the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.
These Terms constitute a binding legal agreement between you (“User,” “Exhibitor,” “Organizer,” “Attendee,” or “you”) and Conduit. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.
You are encouraged to periodically review these Terms, as they may be updated from time to time in accordance with Section 13. Continued use of the Services following any updates constitutes acceptance of the revised Terms.
2. Definitions
For the purpose of these Terms, the following definitions apply:
- Organizer: An individual or entity responsible for hosting an event and contracting with Conduit to provide the Services. Organizers may determine how Exhibitors and Attendees interact with the Services, including imposing specific terms or conditions.
- Exhibitor: A party authorized by an Organizer to use Conduit for lead capture and attendee engagement during an event. Exhibitors may access specific tools and features of the Services, such as QR code scanning and lead data exports.
- Attendee: An individual participating in an event who may voluntarily share information with Exhibitors, either through QR codes, forms, or other mechanisms facilitated by Conduit.
- Lead Data: Any data collected through Conduit’s Services, including attendee-provided information, as well as any information provided by Exhibitors and Organizers (e.g., name, email address, job title), responses to custom forms, and any other event-specific data shared via the platform.
- Services: The Conduit platform, software, API, applications, integrations, and related tools designed to facilitate lead capture, data analytics, reporting, and event-related functions.
- User: Any individual or entity accessing or using the Services, including Organizers, Exhibitors, and Attendees.
These definitions are intended to clarify the roles and responsibilities of each party and may be supplemented by other terms or policies referenced in these Terms.
3. User Responsibilities
3.1 Appropriate Use of the Services
By using the Services, you agree to:
- Use the Services only for lawful purposes, in accordance with these Terms, and in compliance with all applicable laws, regulations, and industry standards.
- Refrain from engaging in prohibited activities, including but not limited to:
- Spamming, phishing, or sending unauthorized communications to third parties.
- Reverse engineering, decompiling, or attempting to derive the source code, algorithms, or underlying architecture of the Services.
- Scraping, harvesting, or extracting data from the platform using automated tools or unauthorized methods.
- Uploading or transmitting any harmful, illegal, or objectionable content, including malware, viruses, or defamatory material.
- Use your account credentials and API keys solely for authorized purposes, ensuring they remain confidential and secure.
Conduit reserves the right to monitor and audit your use of the Services to ensure compliance with these Terms. Any violations may result in the suspension or termination of your access, as further described in Section 8.
3.2 Lead Data Collection and Handling
- Attendee Data Consent: Organizers and Exhibitors must ensure that all Lead Data collection complies with applicable privacy laws. Exhibitors are solely responsible for obtaining any required attendee consents and for the proper handling of Lead Data.
- Attendee Requests: Exhibitors must honor valid requests from Attendees to delete their data from the Conduit platform or any associated integrations.
- QR Code Use: QR codes generated by Conduit are intentionally unencrypted to facilitate ease of networking between Attendees and Exhibitors. Users acknowledge and accept the risks associated with using unencrypted QR codes, including potential misuse by third parties.
Conduit does not independently verify Lead Data and is not responsible for inaccuracies, omissions, or errors in attendee-provided information.
4. Payments and Refunds
4.1 Fees and Payment Terms
- Exhibitors are required to pay licensing fees directly to Conduit. Pricing for these licenses may be set either by the Organizer or by Conduit, and all payments must be made to Conduit. Conduit will not be responsible for disputes regarding pricing set by the Organizer.
- All payments must be made in the currency specified in the invoice or payment portal. Users are responsible for any applicable taxes, bank fees, or other charges associated with the transaction and are obligated to pay them in full.
- Failure to pay on time may result in suspension or termination of Services.
4.2 Refund Policy
Refund requests will be evaluated on a case-by-case basis, and eligibility is determined at Conduit’s sole discretion based on documented criteria. Examples of eligible refund scenarios include:
- Technical failures that prevent access to the core functionality of the Services for a significant portion of the event.
- Errors directly attributable to Conduit’s platform that result in demonstrable financial loss or reputational harm to the Organizer or Exhibitor.
Refund requests must be submitted within 30 days of the event’s conclusion. Refunds will not be granted for:
- User negligence or failure to utilize the Services.
- Cancellation of the event due to circumstances outside of Conduit’s control, including force majeure events (see Section 14).
5. API Access and Integrations
5.1 API Usage
- API access is restricted to authorized Users who have been issued API keys by Conduit. Users are responsible for safeguarding these keys and not sharing them with unauthorized parties.
- API usage is subject to rate limits, which are designed to maintain system performance and reliability. Conduit reserves the right to modify these limits or suspend access if misuse is detected.
5.2 Integration Disclaimer
- The API and integrations are provided as a convenience and are not intended to serve as the sole source of truth. Users are responsible for independently validating the accuracy, completeness, and timeliness of data obtained through the API.
- Conduit disclaims all liability for errors, delays, or data losses resulting from third-party integrations or misconfigured API requests.
6. Data Ownership and Retention
6.1 Ownership of Lead Data
- Exhibitors retain ownership of the Lead Data they collect through the Services. By using the platform, you grant Conduit a non-exclusive, royalty-free license to process, store, and transmit this data to provide the Services.
6.2 Retention Periods
- Personally identifiable information (PII) will be retained for up to 180 days after the conclusion of the event. During this time, Exhibitors may access and export their Lead Data. After the retention period, all PII will be permanently deleted unless required to be retained by applicable law.
6.3 Anonymized Data
- Conduit may retain anonymized and aggregated data indefinitely for purposes such as analytics, reporting, and improving the Services. Anonymized data is not subject to deletion requests and cannot be linked back to individual Users or Attendees.
7. Data Security
Conduit employs industry-standard encryption protocols to protect data in transit and at rest. While reasonable measures are taken to secure the platform, no system is entirely immune to vulnerabilities.
Users must:
- Notify Conduit immediately upon discovering any unauthorized access, suspected breaches, or security vulnerabilities related to their account or API keys.
- Assume responsibility for ensuring their devices, systems, and third-party integrations maintain adequate security measures.
Conduit disclaims liability for breaches or losses caused by User negligence, third-party integrations, or external attacks beyond its control.
8. Termination
8.1 Termination by Conduit
Conduit reserves the right to terminate or suspend access to the Services at its sole discretion, including but not limited to:
- Violations of these Terms, such as unauthorized API usage or misuse of Lead Data.
- Activities that disrupt system performance or compromise the security of the Services.
8.2 Termination by the User
Users may terminate their use of the Services by providing written notice to Conduit. Refunds for unused Services will be granted only if termination occurs before the event start date.
9. Dispute Resolution
9.1 Mediation
Both parties agree to submit disputes to mediation in Toronto, Ontario, Canada, before pursuing litigation. Mediation must conclude within 60 days unless otherwise agreed. If mediation fails, either party may proceed to court. Each party will bear its own mediation costs.
9.2 Governing Law
These Terms are governed by the laws of the Province of Ontario, Canada. All disputes will be resolved exclusively in the courts of Toronto, Ontario, Canada.
10. Limitation of Liability
- Conduit is not liable for indirect, incidental, or consequential damages, including lost profits, business interruptions, or data loss.
- Total liability is capped at the amount paid by the User for the specific event in question.
- Conduit disclaims liability for inaccurate Lead Data, delays or failures caused by third-party integrations, and any security breaches resulting from User negligence.
11. Privacy and Data Transfer
- Use of the Services is subject to our Privacy Policy and Data Transfer Policy, which outline data handling practices. Users are responsible for ensuring compliance with applicable data privacy laws when transferring data outside Conduit.
- Organizers must obtain attendee consent before collecting or processing their data. Conduit is not responsible for Organizer or Exhibitor non-compliance with data privacy regulations.
12. Updates to the Terms of Service
Conduit may update these Terms at any time. Updates will be communicated via email to Users, and continued use of the Services constitutes acceptance of the updated Terms, regardless of whether the email is read.
13. Force Majeure
Conduit is not liable for delays or failures caused by circumstances beyond its control, including natural disasters, internet outages, government actions, or third-party service disruptions.
This comprehensive Terms of Service document has been tailored to address edge cases, enforce clarity, and ensure both user and company protections.