Terms & Conditions

Welcome to Fincentive Corp. ("we," "our," or "us"). By accessing or using our website and services, you ("Client," "you," or "your") agree to be bound by these Terms and Conditions. If you do not agree, please refrain from using our site or services. These Terms cover all service categories offered by Fincentive Corp., including AI automation, custom website development, AI-powered agents, AI-generated image and content services, local SEO, digital advertising, and business consulting.

1. Scope of Services

Fincentive Corp. provides a range of digital and business growth services including but not limited to:

• AI workflow automation using third-party platforms including Make (Integromat), Zapier, GoHighLevel, and similar tools
• Custom AI agents built using large language model APIs including OpenAI (ChatGPT) and Anthropic (Claude)
• Custom-coded websites and web applications
• AI-generated visual content including images, graphics, and design assets
• Local SEO and Answer Engine Optimization (AEO)
• Digital advertising management across Google Ads, Meta, LinkedIn, and other platforms
• Business consulting and growth strategy

Each engagement is governed by a separate service agreement or statement of work. These Terms apply to all engagements unless explicitly superseded by a written agreement signed by both parties.

2. AI Output Disclaimer

You expressly acknowledge and agree that:

• AI systems can and do produce errors, inaccuracies, and "hallucinations" — outputs that appear plausible but are factually incorrect, incomplete, or misleading.
• No AI-generated output provided by Fincentive Corp. constitutes professional legal, financial, medical, or regulatory advice.
• You are solely responsible for independently verifying any AI-generated output before relying on it for real-world business decisions, operations, or actions.
• Fincentive Corp. shall not be liable for any losses, damages, regulatory penalties, business disruptions, or legal claims arising from your reliance on AI-generated output without independent verification.
• AI models are trained on data with knowledge cutoffs and may not reflect current laws, market conditions, best practices, or factual developments.

By engaging our services that include AI-generated components, you accept full responsibility for reviewing and validating outputs before use.

3. AI-Generated Images and Creative Content

Where Fincentive Corp. delivers AI-generated visual content — including images, graphics, illustrations, or design assets created using AI image generation tools — the following terms apply:

• AI-generated images may bear visual similarities to existing works. Fincentive Corp. does not warrant that AI-generated images are free of third-party intellectual property claims.
• You are responsible for conducting your own clearance review before using AI-generated images in commercial, marketing, or public-facing contexts.
• Fincentive Corp. shall not be liable for copyright, trademark, or personality rights claims arising from the use of AI-generated visual content delivered to you.
• Ownership of final delivered AI-generated images transfers to you upon full payment, subject to these Terms and any third-party restrictions imposed by the AI generation platform used.
• Some AI generation platforms retain non-exclusive licences over outputs generated through their services. We will disclose which tools were used upon request.

4. Custom AI Agents

Where Fincentive Corp. builds custom AI agents or automated systems using large language model APIs (including but not limited to OpenAI and Anthropic APIs), the following applies:

• Custom agents are built to your specifications and are subject to the capabilities and limitations of the underlying AI platforms at the time of delivery.
• Agent behaviour may change if the underlying AI provider updates their models, APIs, or usage policies. Fincentive Corp. is not liable for changes in agent performance resulting from third-party platform updates.
• You are responsible for ensuring that the use of any custom AI agent complies with applicable laws in your jurisdiction, including consumer protection, privacy, and anti-spam legislation.
• You must not use custom AI agents built by Fincentive Corp. to generate, distribute, or automate content that violates our Acceptable Use Policy.
• Ongoing maintenance and updates to custom AI agents beyond the initial delivery scope require a separate agreement.

5. Data Submission, Usage, and AI Training

5.1 Client Data Submitted to Fincentive Corp.

Data you share with Fincentive Corp. directly — including business information, briefs, documents, and operational data — is stored securely and used solely to deliver your contracted services. We do not sell, share, or rent your data to third parties without your explicit consent, except as required by law.

5.2 Data Passed Through Third-Party AI Platforms

Where your data is processed through third-party AI platforms (including OpenAI, Anthropic, Google, or similar providers) as part of delivering your services, you acknowledge that:

• Your data may be subject to the privacy policies and terms of service of those third-party platforms.
• Fincentive Corp. takes reasonable steps to minimise the personal or sensitive data passed to AI platforms, but cannot guarantee that third-party platforms will not use inputs to improve their models, subject to their own policies.
• Fincentive Corp. does not use your proprietary business data to train our own AI models without your explicit written consent.
• Where AI platforms allow opt-out of training on user inputs (such as OpenAI's API default settings), Fincentive Corp. uses API-level access which generally does not use inputs for model training by default. We will provide documentation on the tools used in your project upon request.

5.3 Your Responsibilities

You agree to:

• Provide only accurate, lawful data for use in our services.
• Obtain all necessary consents from third parties whose data is included in any submission to Fincentive Corp.
• Not submit personal health information, payment card data, government identification numbers, or other highly sensitive regulated data unless explicitly agreed in writing.

6. Custom Website Development

For custom-coded website and web application projects, the following terms apply:

• Ownership of custom-developed code and design assets transfers to you upon receipt of full payment.
• Fincentive Corp. retains the right to display completed work in our portfolio unless you request otherwise in writing.
• Third-party libraries, frameworks, and open-source components incorporated into your project remain subject to their respective licences.
• Post-launch support, maintenance, and updates are not included in the initial project scope unless specified in a separate agreement.
• You are responsible for maintaining hosting, domain registration, and any third-party service subscriptions required to operate your website after delivery.

7. Acceptable Use

By using any service delivered by Fincentive Corp. — including AI agents, automation systems, custom websites, and AI-generated content — you agree not to use these services to:

• Generate, distribute, or automate hate speech, discriminatory content, harassment, or threats targeting individuals or groups
• Create deepfakes, non-consensual synthetic media, or any content that misrepresents real individuals
• Produce or distribute malware, phishing content, spam, or any content designed to deceive or harm others
• Generate content that sexually exploits minors or violates child safety laws
• Violate any applicable law or regulation in your jurisdiction or the jurisdiction of your end users
• Infringe on the intellectual property, privacy, or other rights of third parties
• Engage in unauthorized data collection, scraping, or surveillance

Violation of this section gives Fincentive Corp. the right to immediately terminate your access to all services without refund and to report violations to relevant authorities where required by law. See our full Acceptable Use Policy for complete details.

8. Intellectual Property

8.1 Fincentive Corp. Property

All intellectual property related to Fincentive Corp.'s proprietary systems, methodologies, workflows, and AI configurations — including prompt engineering, agent architecture, and automation frameworks — remains the exclusive property of Fincentive Corp. unless explicitly transferred in a written agreement.

8.2 Client Data Rights

You retain full ownership of your original data, content, and business information submitted to us. Ownership of deliverables (custom code, images, written content, automation systems) transfers to you upon full payment as described in your service agreement.

9. Confidentiality

All client information is treated as strictly confidential. All Fincentive Corp. personnel, contractors, and affiliates who access client data are bound by legally enforceable Non-Disclosure Agreements. Breaches of confidentiality are subject to legal action under applicable Ontario and Canadian law.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Fincentive Corp. shall not be liable for:

• Indirect, incidental, consequential, or punitive damages arising from use of our services
• Business losses, lost profits, or lost revenue resulting from reliance on AI-generated output
• Damages resulting from third-party platform outages, API changes, or policy updates affecting AI tools used in your project
• Copyright, trademark, or intellectual property claims arising from AI-generated content delivered to you
• Damages resulting from your failure to independently verify AI-generated outputs before reliance

Our total liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the total fees paid by you to Fincentive Corp. in the three months preceding the claim.

11. Compliance with Laws

Fincentive Corp. complies with all applicable laws and regulations including:

• Personal Information Protection and Electronic Documents Act (PIPEDA) — federal privacy law
• Ontario Personal Health Information Protection Act (PHIPA) where applicable
• Canada's Anti-Spam Legislation (CASL) for all electronic communications
• Accessibility for Ontarians with Disabilities Act (AODA) — see our Accessibility Statement
• Digital Millennium Copyright Act (DMCA) for copyright matters — see our DMCA Policy

12. Termination

We reserve the right to terminate your access to our services if you violate these Terms or engage in unlawful activity. Upon termination, all data will be securely retained or deleted in compliance with applicable laws and your data retention rights.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

13.2 Dispute Resolution Mechanism

Any disputes shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, disputes will be resolved through binding arbitration in Toronto, Ontario, in accordance with the Arbitration Act, 1991 (Ontario).

14. Modifications to Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with the Effective Date updated accordingly. Continued use of our services constitutes acceptance of any revised Terms. For material changes affecting AI data usage or liability, we will make reasonable efforts to notify active clients directly.

15. Contact Information