Terms of Use

Closer Canada is a commercial platform primarily intended for businesses and professionals.

The platform may offer, among other things:

• B2B prospect lists;
• business lists;
• professional and commercial information;
• subscriptions providing access to prospects, data or services;
• prospecting tools;
• artificial intelligence agents;
• automation tools;
• prospect qualification services;
• sales follow-up services;
• prospect research and preparation tools;
• and any other products or services that may be offered through the platform.

Products, features, usage limits, plans and prices may evolve over time.

Closer Canada is primarily intended for commercial and professional use.

When making a purchase on behalf of a company or organization, you confirm that the purchase is being made in connection with its business or professional activities.

You are responsible for ensuring that individuals using your account are authorized to act on behalf of your business.

Closer Canada provides products and services throughout Canada.

Depending on the nature of the transaction, the client's location, the data involved and the activities undertaken, different federal, provincial or territorial laws may apply.

The client is responsible for complying with all applicable federal, provincial and territorial laws and regulations relating to its use of the Closer Canada platform, lists, data and services.

Nothing in these Terms is intended to exclude or limit any right or obligation that cannot legally be excluded or limited.

Certain features may require the creation of an account.

The client agrees to provide accurate, complete and current information.

The client is responsible for:

• maintaining the confidentiality of account credentials;
• protecting passwords;
• all activities conducted through the account;
• users who are granted access;
• and promptly notifying us of any known or suspected unauthorized use.

Closer Canada may temporarily suspend an account where it reasonably believes that the account has been compromised, used fraudulently or used in violation of these Terms.

Closer Canada may offer prospect lists, business lists and professional or commercial information.

Depending on the list purchased, information may include:

• business name;
• industry;
• location;
• website;
• name of an executive, manager or representative;
• professional title or position;
• business email address;
• business telephone number;
• approximate number of employees;
• certain commercial information;
• and other professional information available for the selected product.

The exact content and amount of information available may vary from one list to another.

Once a list has been purchased and fully paid for, the client receives the right to retain and use the copy of the list delivered to the client for the internal purposes of its business, subject to these Terms and applicable laws.

The client may, among other things:

• import the list into its CRM;
• integrate the information into internal business tools;
• retain the information for business activities;
• use the information for legally permitted prospecting activities;
• provide the information to authorized employees or representatives when used for the purposes of the client's business.

Closer Canada does not reclaim a list that has already been delivered simply because the client later stops using the platform or terminates a subscription.

Once a list has been delivered, the client becomes responsible for its use, retention, security and the compliance of activities conducted using that information.

Purchasing a list does not constitute the purchase of the Closer Canada platform, its primary database, systems, collection methods, technologies or intellectual property.

The client acquires the right to use the purchased copy of the list in accordance with these Terms.

The client does not acquire any right to:

• access the entire Closer Canada database;
• systematically reproduce the database;
• copy its structure or organization;
• perform mass extraction of platform content;
• or use Closer Canada for the purpose of creating a competing database or service.

Unless expressly authorized in writing by Closer Canada, a client may not purchase or use a list primarily for the purpose of:

• reselling it;
• marketing it as the client's own data product;
• publishing it online;
• making it publicly accessible;
• distributing it on a large scale to other businesses;
• or using it to directly create a product or service that competes with Closer Canada.

This restriction does not prevent a business from sharing information with authorized employees, representatives, consultants or service providers when they use the information solely for the purposes of that business.

Professional and commercial information changes continuously.

An individual may change jobs or positions, a company may relocate or cease operations, a telephone number may change, and an email address may become inactive.

Closer Canada takes reasonable measures to provide useful and relevant information.

However, Closer Canada does not guarantee that every item of information contained in a list will be accurate, complete or current at the time the client chooses to use it.

Closer Canada does not guarantee:

• that an email address will remain active;
• that an email will be accepted by the recipient's server;
• that a telephone number will remain active;
• that an individual will continue to hold the position indicated;
• that a company will remain active;
• that an individual will respond to a communication;
• that a prospect will agree to a meeting;
• that a prospect will become a customer;
• or that any specific number of sales or other results will be generated.

The inclusion of a contact in a list therefore does not guarantee that the person will be reachable, available or interested in the client's products or services.

Once a list has been delivered or made accessible to the client, the client becomes responsible for how it chooses to use the list.

Closer Canada has no control over:

• messages sent by the client;
• calls made by the client;
• campaigns conducted by the client;
• frequency of communications;
• content of communications;
• solicitation methods;
• systems into which the data is imported;
• or business decisions made using the information.

The client remains solely responsible for ensuring that its prospecting, marketing and communication activities comply with applicable laws.

When a client uses information obtained through Closer Canada to send commercial electronic messages, the client is responsible for ensuring that its communications comply with Canada’s Anti-Spam Legislation (“CASL”) and any other applicable requirements.

Depending on the circumstances, applicable requirements may include:

• express or implied consent;
• identification of the sender;
• sender contact information;
• and unsubscribe mechanisms.

The fact that a business email address appears in a list purchased through Closer Canada does not automatically mean that the client has the consent or other authorization required to send that person a commercial electronic message.

The client is responsible for determining whether its communication is legally permitted.

When a client uses telephone numbers contained in a list, the client is responsible for complying with applicable Canadian telemarketing and unsolicited telecommunications laws and regulations.

Closer Canada does not guarantee that a telephone number contained in a list may be called without restriction.

The client is responsible for determining the requirements applicable to its activities.

The client is responsible for identifying and complying with all laws and regulations applicable to its activities.

These may include:

• Canadian commercial electronic messaging requirements;
• CRTC requirements;
• telemarketing rules;
• privacy requirements;
• unsubscribe obligations;
• requests not to be contacted;
• and any applicable federal, provincial or territorial laws.

Closer Canada provides the data and tools. The client remains responsible for how they are used.

Closer Canada products and services may not be used to:

• commit fraud;
• harass or threaten another person;
• impersonate another person or organization;
• conduct phishing activities;
• distribute malware;
• intentionally circumvent unsubscribe mechanisms;
• conduct illegal activities;
• or intentionally violate the rights of another party.

Closer Canada may suspend or terminate an account used for such purposes.

Closer Canada may provide agents, assistants and tools powered by artificial intelligence technologies.

Depending on the product or plan selected, these tools may:

• research information;
• prepare prospects;
• analyze data;
• qualify opportunities;
• prepare or suggest communications;
• perform certain automated tasks;
• support sales follow-up;
• or assist sales teams.

Specific functionality is described in the selected product or plan.

Artificial intelligence technologies may produce incomplete, inaccurate, imprecise or inappropriate results.

The client acknowledges that outputs generated by artificial intelligence may require human review.

Closer Canada does not guarantee:

• absolute accuracy of any output;
• that generated content will be error-free;
• that a recommendation will be appropriate in every situation;
• that an agent will achieve any specific commercial result;
• or that artificial intelligence can replace human judgment where such judgment is necessary.

The client remains responsible for decisions made using outputs produced by artificial intelligence tools.

When a client configures or authorizes an automation, the client remains responsible for:

• its configuration;
• instructions provided to the agent;
• targeted individuals or organizations;
• accounts and systems connected to the agent;
• use of the resulting outputs;
• and appropriate monitoring of its operation.

Closer Canada is not responsible for consequences directly resulting from incorrect instructions provided by the client or use that violates these Terms or applicable law.

Applicable prices are those displayed on Closer Canada at the time of the transaction.

Prices are displayed in the currency indicated at the time of purchase.

Applicable taxes are added where required by law.

Closer Canada may change the prices of products and services for future transactions.

Electronic payments made through Closer Canada are processed by Stripe or another payment provider that may subsequently be integrated into the platform.

By making a purchase, the client authorizes the processing of the transaction amount and applicable taxes.

Certain payment information is processed directly by Stripe in accordance with its own terms and policies.

Closer Canada does not necessarily retain complete payment card information used to process transactions.

Certain services are offered through monthly or annual subscriptions.

The applicable price and billing frequency are disclosed before the purchase is confirmed.

Where a subscription provides for automatic renewal and such renewal is permitted by law, the client authorizes payment for subsequent renewal periods until the subscription is cancelled.

The client may stop future renewal using the mechanisms available through the platform.

Subject to rights provided by applicable law, cancellation will normally take effect at the end of the period already paid for.

Where an annual plan is purchased and paid in advance, the amount corresponding to the annual term is charged at the time of the transaction.

Subject to mandatory rights provided by applicable law, cancellation during an annual period that has already begun does not automatically entitle the client to a prorated refund.

Certain products or subscriptions may include a specified number of:

• prospects;
• contacts;
• searches;
• credits;
• actions;
• processing operations;
• or other units of use.

Applicable limits are those stated in the product or plan description.

Unless otherwise stated, unused quantities do not automatically carry over to a subsequent period.

Creating multiple accounts or using technical methods to circumvent applicable limits is prohibited.

A list or other digital product may be made available:

• by download;
• through the client's account;
• by email;
• or through another electronic delivery method specified by Closer Canada.

A product is considered delivered when it has been made reasonably accessible to the client.

Due to the digital nature of the lists and the fact that they may be downloaded, copied, retained or integrated into the client's systems immediately upon delivery, sales of lists are considered final once the list has been delivered, subject to any mandatory rights provided by applicable law.

A change of mind after delivery therefore does not automatically entitle the client to a refund.

Where a technical error substantially prevents the client from accessing a purchased product, the client must contact Closer Canada so that the issue can be reviewed.

Depending on the circumstances, Closer Canada may:

• correct the error;
• provide the product again;
• replace certain information;
• issue a credit;
• or provide a refund where appropriate or legally required.

Closer Canada aims to provide reasonable availability of its platform.

However, continuous or uninterrupted availability is not guaranteed.

Interruptions may result from:

• updates;
• maintenance;
• outages;
• security incidents;
• third-party providers;
• network issues;
• or circumstances beyond Closer Canada's reasonable control.

Closer Canada may rely on third-party providers for certain functionality, including:

• payments;
• hosting;
• communications;
• artificial intelligence;
• analytics;
• storage;
• authentication;
• and technological infrastructure.

Closer Canada is not responsible for interruptions directly attributable to third-party providers where such interruptions are reasonably beyond its control.

Subject to rights belonging to third parties, Closer Canada remains the owner or rights holder of the original elements of its platform, including:

• software;
• interfaces;
• processes;
• databases;
• structures;
• tools;
• agents;
• automations;
• documentation;
• text;
• visual elements;
• and intellectual property.

Purchasing a product or subscription does not transfer ownership of the platform itself.

Unless authorized in writing by Closer Canada, clients may not use:

• robots;
• scrapers;
• scripts;
• automated extraction systems;
• or similar processes

to perform mass extraction of data or content from the platform beyond what is permitted by the product or plan purchased.

Closer Canada provides data, technologies and tools intended to support its clients' commercial activities.

Closer Canada does not guarantee any particular result, including:

• sales;
• revenue;
• profits;
• meetings;
• responses;
• conversion rates;
• number of customers acquired;
• or campaign performance.

Results depend on numerous factors outside Closer Canada's control.

The client remains responsible for:

• its campaigns;
• its communications;
• messages it sends;
• calls it makes;
• use and retention of data;
• systems into which lists are imported;
• security of its own systems;
• compliance of its activities;
• use of agents and automations;
• and business decisions made using the data or tools.

To the fullest extent permitted by applicable law, Closer Canada shall not be liable for indirect, incidental, special or consequential damages resulting from the use of or inability to use its products or services.

This includes, to the extent permitted by law:

• loss of profits;
• loss of revenue;
• loss of business opportunities;
• loss of customers;
• loss of data;
• consequences of a campaign;
• or consequences resulting from the use of information that has become inaccurate.

Subject to liability that cannot legally be excluded or limited, Closer Canada's total liability in connection with a claim shall be limited to the amount actually paid by the client for the product or service directly giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim.

To the extent permitted by applicable law, the client agrees to indemnify and hold harmless Closer Canada, I3 Agence Web Marketing inc., and their directors, officers, employees and representatives against third-party claims arising from:

• the client's unlawful use of a list;
• a breach of these Terms;
• communications made in violation of applicable laws;
• fraudulent use of the platform;
• or infringement of a third party's rights attributable to the client.

This obligation does not apply to the extent that a claim results directly from fault attributable to Closer Canada.

Closer Canada processes certain information in connection with the operation of the platform.

Practices regarding the collection, use, disclosure, retention and protection of such information are described in the Closer Canada Privacy Policy.

The Privacy Policy should be read together with these Terms.

Closer Canada may suspend or terminate an account where it reasonably believes that a client:

• is using the platform fraudulently;
• is compromising its security;
• is violating these Terms;
• is using products or services in connection with illegal activities;
• is reselling or redistributing data in violation of these Terms;
• or is intentionally attempting to circumvent platform limits.

Closer Canada may evolve its products, features and services.

Where reasonably necessary, features may be added, modified, replaced or discontinued.

Closer Canada may update these Terms to reflect:

• new products;
• new functionality;
• technological changes;
• regulatory or legislative changes;
• or changes in its business practices.

The date of the most recent update appears at the beginning of these Terms.

Because Closer Canada is operated by I3 Agence Web Marketing inc., established in Quebec, these Terms are governed by the laws applicable in the Province of Quebec and the federal laws of Canada applicable therein.

However, where mandatory provisions of another Canadian province or territory apply to a transaction or user, these Terms shall be interpreted in accordance with those mandatory provisions.

In the event of a dispute, Closer Canada and the client agree to make reasonable efforts to resolve the matter in good faith before commencing legal proceedings.

Subject to any mandatory legal provisions to the contrary, legal proceedings arising from these Terms may be brought before the courts of competent jurisdiction in the Province of Quebec.

If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.

Closer Canada's failure to immediately exercise a right under these Terms does not constitute a waiver of that right.

These Terms, the Privacy Policy and any specific terms clearly disclosed in connection with a product, service or subscription constitute the applicable agreement between Closer Canada and the client regarding use of the platform, subject to any other written agreement expressly entered into between the parties.

For questions regarding these Terms of Use:

Closer Canada

Operated by I3 Agence Web Marketing inc.

Quebec, Canada

Email: info@i3webmarketing.com

Website: www.closercanada.com