Terms of Service

Interpretations

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Account means a unique account created for You to access our Service or parts of our Service, including accounts for Nani, LeadDesk, GameNova, or any other Taskclan Engine-powered product.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Application refers to Taskclan Engine and all products powered by it, including:
  • Nani - AI-powered family care coordination platform
  • LeadDesk - AI receptionist and lead capture solution for businesses
  • GameNova - Gaming asset marketplace for creators and players
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Taskclan Inc., Toronto, Ontario, Canada.
• Content refers to content such as text, images, audio, video, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• Country refers to: Ontario, Canada
• Device means any device that can access the Service such as a computer, a cellphone, a digital tablet, smart home device, or any IoT-enabled device.
• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
• Service refers to the Application(s), Website(s), APIs, and any related services provided by Taskclan.
• Subscription refers to the services or access to the Service offered on a subscription basis by the Company to You.
• Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content provided by a third-party that may be displayed, included or made available by the Service.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service without parental or guardian consent.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscription Period

Some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

Subscription Cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

Nani - Family Care Platform

By using Nani, You agree to the following additional terms:

• You are responsible for obtaining appropriate consent from family members before adding their information to the platform.
• Care coordination features are provided as tools to assist You; the Company is not responsible for the quality of care provided by third-party caregivers.
• Emergency features are supplementary and should not replace emergency services (911).
• You agree to provide accurate information about care recipients and their needs.

LeadDesk - AI Receptionist

By using LeadDesk, You agree to the following additional terms:

• You are responsible for informing callers that they may be interacting with an AI system where required by law.
• Call recordings and transcripts are stored according to our data retention policies and applicable laws.
• You agree not to use the Service for any unlawful purposes, including but not limited to telemarketing fraud or harassment.
• The AI receptionist is designed to assist with call handling; critical business decisions should be verified by human personnel.
• You are responsible for compliance with telecommunications regulations in your jurisdiction.

GameNova - Gaming Marketplace

By using GameNova, You agree to the following additional terms:

• All digital assets listed must be owned by You or You must have the right to sell them.
• The Company takes a platform fee on transactions as specified in the fee schedule.
• You are responsible for the accuracy of asset descriptions and any intellectual property claims.
• Refunds for digital assets are handled according to our refund policy and applicable consumer protection laws.
• The Company reserves the right to remove listings that violate our content policies or intellectual property rights.

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Account Sharing

Unless explicitly permitted by your subscription plan, accounts are for individual use only. Sharing account credentials with others is prohibited and may result in account termination.

Business Accounts

If You are using the Service on behalf of a business or organization, You represent that You have the authority to bind that entity to these Terms, and "You" refers to both You individually and that entity.

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account.

You may not transmit any Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights
• Contains software viruses or any other code designed to interrupt, destroy, or limit functionality
• Constitutes unauthorized advertising, spam, or any other form of solicitation
• Impersonates any person or entity or misrepresents Your affiliation
• Violates any applicable local, state, national, or international law

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Taskclan Engine Technology

The Taskclan Engine, including its AI models, algorithms, and underlying technology, is proprietary to the Company. You are granted a limited, non-exclusive, non-transferable license to use the Service as intended. You may not:

• Reverse engineer, decompile, or disassemble any part of the Service
• Attempt to access the source code of the Service
• Use the Service to train competing AI models
• Scrape, harvest, or collect data from the Service without authorization
• Resell or redistribute the Service without explicit permission

Feedback

If You provide the Company with any Feedback, You hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it considers appropriate. The Company will treat any Feedback You provide as non-confidential and non-proprietary.

Our Service utilizes artificial intelligence and machine learning technologies. By using our Service, You acknowledge and agree to the following:

AI Limitations

• AI-generated responses and recommendations are provided for informational purposes and should not be solely relied upon for critical decisions.
• The AI may occasionally produce inaccurate, incomplete, or inappropriate responses.
• You are responsible for reviewing and verifying AI-generated content before acting upon it.

AI Training and Improvement

We may use anonymized and aggregated data from Your use of the Service to improve our AI models. Personal data used for AI training is handled in accordance with our Privacy Policy.

Human Oversight

For certain critical functions, human oversight is maintained. You have the right to request human review of automated decisions that significantly affect You.

AI Ethics

We are committed to developing and deploying AI responsibly. Our AI systems are designed to be fair, transparent, and accountable. If You believe our AI has produced biased or harmful outputs, please contact us immediately.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service or contact us to request account deletion.

Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• Any data associated with Your account may be deleted after a retention period as specified in our Privacy Policy
• You remain liable for any fees incurred prior to termination
• Provisions of these Terms that by their nature should survive termination shall survive

Data Export

Before terminating Your account, You may request an export of Your data in accordance with applicable data protection laws. Please contact us at least 30 days before Your intended termination date to request data export.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service during the twelve (12) months prior to the claim or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states/jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied:

• As to the operation or availability of the Service, or the information, content, and materials or products included thereon
• That the Service will be uninterrupted or error-free
• As to the accuracy, reliability, or currency of any information or content provided through the Service
• That the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

You agree to defend, indemnify, and hold harmless the Company and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service
• Your violation of any term of these Terms
• Your violation of any third party right, including without limitation any copyright, property, or privacy right
• Any claim that Your Content caused damage to a third party
• Your use of AI-generated content from the Service

This defense and indemnification obligation will survive these Terms and Your use of the Service.

The laws of the Province of Ontario, Canada, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Toronto, Ontario, Canada, and the parties hereby consent to personal jurisdiction and venue therein.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Informal Resolution

Before filing a claim, You agree to try to resolve the dispute informally by contacting us at legal@taskclan.com. We'll try to resolve the dispute informally by contacting You via email. If a dispute is not resolved within 30 days of submission, You or the Company may bring a formal proceeding.

Arbitration

Any dispute arising from these Terms that cannot be resolved informally shall be finally settled by binding arbitration. The arbitration shall be conducted in Toronto, Ontario, Canada, in accordance with the rules of the ADR Institute of Canada.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, You waive any right to a jury trial.

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

Nothing in these Terms shall affect Your rights as a consumer under applicable EU consumer protection legislation, including the Consumer Rights Directive (2011/83/EU) and the Unfair Contract Terms Directive (93/13/EEC).

Right of Withdrawal

If You are an EU consumer, You have the right to withdraw from a contract for digital content or services within 14 days without giving any reason, unless You have expressly consented to the performance beginning during the withdrawal period and acknowledged that You lose Your right of withdrawal.

You represent and warrant that:

• You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country
• You are not listed on any United States government list of prohibited or restricted parties

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

We will notify You of any changes by:

• Posting the new Terms on this page
• Updating the "Last updated" date
• Sending an email notification for material changes
• Displaying a prominent notice within the Service

If you have any questions about these Terms and Conditions, You can contact us:

• By email: legal@taskclan.com
• By visiting our contact page: Contact Us