Terms of Service

• "Candidly AI", "we", "us", or "our": Candidly AI™ is the operating name of 2726255 Alberta Inc., an Alberta corporation.
• "Service" refers to the Candidly AI platform, including our AI voice agents, call management, analytics features, and related services.
• "User" or "You" refers to any individual or entity that creates an account or uses our Service.
• "Participant" refers to any person who interacts with an AI agent through a phone call.
• "Content" refers to call recordings, transcripts, summaries, and any data generated through use of the Service.
• "Credits" refers to the usage units that correspond to minutes of conversation time on the platform.

Candidly AI provides an AI-powered phone interview platform that enables:

• Creation and configuration of AI voice agents
• Inbound automated phone interviews and conversations
• Call recording and transcription
• AI-generated summaries and analytics
• Canadian phone number management

The Service is designed for inbound calls only. Participants call your designated phone number to interact with your AI agents.

You must be at least 18 years of age to create an account and use the Service. By creating an account, you represent and warrant that you meet this age requirement.

4.1 Consent Requirements

You are solely responsible for obtaining all necessary consents from Participants before conducting calls through our Service. This includes, but is not limited to:

• Consent to be recorded (where required by law)
• Consent to interact with an AI system
• Consent for data collection and processing
• Parental consent for minors (where applicable)

4.2 AI Disclosure

4.3 Lawful Use

You agree to use the Service only for lawful purposes and in compliance with all applicable federal, provincial, and local laws, including Canadian privacy legislation (PIPEDA and provincial equivalents).

4.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

You agree not to use the Service to:

Prohibited Conduct

• Harass, threaten, or abuse any person
• Engage in fraud, scams, or deceptive practices
• Impersonate individuals without their consent
• Collect personal information without proper consent
• Conduct any illegal activity
• Violate the privacy rights of any person
• Circumvent or attempt to circumvent security measures
• Interfere with the proper functioning of the Service
• Resell, sublicense, or redistribute the Service without permission
• Use the Service in any way that could harm Candidly AI's reputation or infrastructure

Prohibited Content

• Hate speech, discrimination, or content promoting violence
• Illegal content or content that facilitates illegal activity
• Malware, viruses, or harmful code
• Content that infringes on third-party intellectual property rights
• Sexually explicit or obscene material
• Content that exploits or harms minors

For complete details on how we handle your data, please review our Privacy Policy.

Enterprise customers requiring a Data Processing Agreement (DPA) for compliance purposes may request one by contacting legal@candidly-ai.com.

Candidly AI operates in different data protection roles depending on the context. Understanding these roles is important for compliance with privacy laws.

For more information about our data handling practices, please see our Privacy Policy and Data Residency pages.

8.1 Subscription Terms

• Subscription fees are billed in advance (monthly or annually)
• Annual subscriptions are billed for the full year in advance
• All fees are in Canadian dollars (CAD) unless otherwise specified
• Subscription cancellation takes effect at the end of the current billing period
• No refunds are provided for partial billing periods, including annual subscriptions cancelled mid-term

8.2 Failed Payments

8.4 Price Changes

We will provide at least 30 days' notice before any price increases take effect. Price changes will apply at your next billing cycle following the notice period.

9.1 Your Content

You retain all rights to your Content, including all call recordings, transcripts, AI-generated summaries, and any other data created through your use of the Service. By using our Service, you grant us a limited licence to process your Content solely as necessary to provide the Service to you.

Upon your request or account deletion, we will permanently delete your Content in accordance with our Privacy Policy.

9.2 Our Service

Candidly AI and its licensors retain all rights to the Service, including all software, AI models, algorithms, prompts, documentation, trademarks, and other intellectual property. Nothing in these Terms grants you any rights to our intellectual property except the limited right to use the Service as described herein.

9.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without obligation to you.

Beta and Preview Features

From time to time, we may offer beta, preview, or experimental features. These features are provided "as is" without warranty of any kind and may be modified, suspended, or discontinued at any time without notice. Beta features may contain bugs or errors and are not recommended for production use. Your use of beta features is at your own risk.

You agree to indemnify, defend, and hold harmless Candidly AI and its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including the rights of Participants
• Your failure to obtain required consents or provide AI disclosures
• Any Content you create or process through the Service

13.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately and without notice for violation of these Terms or the Acceptable Use Policy. For termination for any other reason, we will provide at least 30 days' notice.

13.3 Effect of Termination

Upon termination or cancellation:

• Your right to use the Service immediately ceases (or at end of billing period for cancellations)
• You remain liable for all fees incurred through the termination date
• Your account enters a 90-day read-only period during which you can export your data
• After 90 days, all data is permanently deleted
• You will receive an email notification 10 days before permanent deletion

For complete details on data retention, please see our Privacy Policy.

14.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@candidly-ai.com and attempt to resolve the dispute informally within 30 days.

14.2 Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in Calgary, Alberta, in accordance with the rules of the ADR Institute of Canada. The arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

14.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

14.5 Governing Law

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Candidly AI regarding the Service and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our consent. We may assign our rights and obligations to any successor in interest in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, labour disputes, government actions, or internet or infrastructure failures.

15.6 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after such notice constitutes acceptance of the updated Terms.

Language Model

Candidly AI is powered by open-source large language models configured specifically for stakeholder conversations. The models are licensed for commercial use and self-hosted exclusively on Candidly AI's Canadian infrastructure.

The underlying model vendors have no runtime access to any data processed through our platform. All information remains subject to Candidly AI's Privacy Policy and Canadian data residency requirements.

Following completion of an interview, participants may receive an SMS containing a secure link to access their conversation transcript. By initiating a call to a Candidly AI agent, participants acknowledge they may receive this transactional SMS.

The secure link expires after 12 hours and provides one-time access to the transcript and recording (if enabled) from their conversation. This is a transactional communication delivering content from the conversation they just completed, not marketing.