Terms & Conditions

Capfluence Inc.

Effective Date: January 27, 2026

1. Introduction

Welcome to Capfluence. These Terms and Conditions ("Terms") govern your access to and use of the Capfluence platform, website located at www.capfluence.app, and related services (collectively, the "Platform") provided by Capfluence Inc. ("Capfluence," "we," "us," or "our"), a corporation registered in Canada and operating in the Province of Ontario.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Description of Service

Capfluence is a web-based prospecting platform that aggregates data from various sources, including private data vendors, public sources, and proprietary web crawlers, and provides an intelligence layer to assist users in their prospecting activities. The Platform provides access to contact information, including email addresses and phone numbers, for business and individual contacts. All data is collected in compliance with applicable laws.

3. Eligibility

The Platform is intended for use by Canadian businesses and their employees only. By using the Platform, you represent and warrant that: (a) you are a legal entity or an individual authorized to act on behalf of a legal entity registered in Canada; (b) you have the authority to bind yourself and/or your organization to these Terms; and (c) you are at least 18 years of age.

4. Account Registration

To access the Platform, you must create an account by providing accurate and complete information, including your name, email address, phone number, company name, date of birth, and professional experience and education information. You must verify your email address before gaining access to the Platform. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5. Subscription and Payment

5.1 Subscription Terms

Access to the Platform requires a paid annual subscription. By subscribing, you agree to pay all applicable fees for the subscription term selected at the time of purchase.

5.2 Payment Methods

Payments are processed through Stripe or via custom invoicing arrangements. All payment information is handled securely through our payment processor, and Capfluence does not store your complete payment card details on our servers.

5.3 Cancellation Policy

You may cancel your subscription within the first thirty (30) days of your subscription start date by sending an email to support@capfluence.app with the reason for cancellation. If you cancel within this 30-day period, you will receive a refund of your subscription fees. After the 30-day cancellation window, your subscription is non-refundable and you are committed to the full annual subscription term. No refunds will be issued for cancellations made after the 30-day period.

6. Permitted Use and Restrictions

6.1 Permitted Use

You may use the Platform and the data provided therein for legitimate business prospecting purposes, including exporting data and conducting outreach to prospects. You are solely responsible for ensuring that your use of the data complies with all applicable laws and regulations.

6.2 Prohibited Activities

You agree NOT to: (a) resell, redistribute, sublicense, or otherwise transfer data obtained from the Platform to any third party; (b) use the Platform or its data for spamming, unsolicited mass communications, or any form of harassment; (c) scrape, crawl, or use automated means to extract data from the Platform beyond the functionality provided; (d) use the Platform or its data for any illegal, fraudulent, or unauthorized purpose; (e) attempt to reverse engineer, decompile, or disassemble any part of the Platform; (f) circumvent or attempt to circumvent any security measures or access controls; or (g) use the Platform in any manner that could damage, disable, or impair the Platform.

7. CASL Compliance

You acknowledge and agree that Canada's Anti-Spam Legislation ("CASL") and other applicable laws govern the sending of commercial electronic messages. You represent and warrant that: (a) you will comply with CASL and all other applicable anti-spam laws when using contact information obtained through the Platform; (b) you have implemented and maintain appropriate compliance programs and procedures to ensure CASL compliance; (c) you will obtain any required consents before initiating contact with prospects; and (d) you will maintain records of consent as required by law.

Capfluence does not guarantee that any contact information provided has consented to receive commercial electronic messages. You are solely responsible for ensuring compliance with CASL and all applicable anti-spam legislation. Capfluence reserves the right to request evidence of your CASL compliance programs and may audit your use of the Platform to ensure compliance with these Terms.

8. Data Accuracy Disclaimer

IMPORTANT: ALL PROSPECT DATA PROVIDED THROUGH THE PLATFORM IS PROVIDED "AS-IS" WITHOUT ANY GUARANTEE OF ACCURACY, CURRENCY, COMPLETENESS, OR RELIABILITY. Contact information, job titles, company affiliations, and other data points may be outdated, incorrect, or incomplete. Capfluence aggregates data from multiple sources and cannot verify the accuracy of all information in real-time.

YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY DATA BEFORE RELYING ON IT OR USING IT FOR OUTREACH. Capfluence shall not be liable for any damages, losses, or consequences arising from your reliance on inaccurate, outdated, or incomplete data, including but not limited to failed business opportunities, damaged relationships, reputational harm, or regulatory penalties.

9. Intellectual Property

9.1 Ownership

The Platform, including all software, algorithms, data compilations, insights, analytics, designs, text, graphics, and other content, is owned by Capfluence or its licensors and is protected by Canadian and international intellectual property laws. All data and insights generated through the Platform are and shall remain the exclusive property of Capfluence.

9.2 Limited License

Subject to your compliance with these Terms, Capfluence grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes during your active subscription period.

10. Data and Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CAPFLUENCE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CAPFLUENCE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAPFLUENCE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA OR INFORMATION PROVIDED THROUGH THE PLATFORM.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAPFLUENCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF CAPFLUENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, CAPFLUENCE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CAPFLUENCE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Capfluence, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation, including CASL; (d) your use or misuse of data obtained through the Platform; or (e) any third-party claims arising from your outreach or communications conducted using data from the Platform.

14. Termination

14.1 Termination by You

You may request cancellation of your subscription within the first 30 days as described in Section 5.3. After the 30-day period, you remain bound by your annual subscription commitment.

14.2 Termination by Capfluence

Capfluence reserves the right to suspend or terminate your account and access to the Platform at any time, with or without cause, upon thirty (30) days' written notice to you. Capfluence may terminate your account immediately and without notice if you breach any provision of these Terms.

14.3 Refunds Upon Termination by Capfluence

If Capfluence terminates your account without cause (i.e., not due to your breach of these Terms), Capfluence will evaluate and determine any applicable refund on a case-by-case basis at its sole discretion, taking into consideration the circumstances of the termination and the unused portion of your subscription. If Capfluence terminates your account for cause due to your breach of these Terms, no refund will be issued.

14.4 Effect of Termination

Upon termination, your right to access and use the Platform will immediately cease. Capfluence will retain your account data for one hundred twenty (120) days following termination, after which it may be permanently deleted. Sections 6.2, 7, 8, 9, 11, 12, 13, 15, 16, and 17 shall survive termination.

15. Force Majeure

Capfluence shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Capfluence's reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics or pandemics, strikes or labor disputes, failures or delays of third-party service providers (including but not limited to Amazon Web Services, Stripe, or data vendors), cyberattacks, internet or telecommunications failures, power outages, or government actions. During any such event, Capfluence's obligations under these Terms shall be suspended, and Capfluence shall not be liable for any damages arising from such suspension.

16. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Capfluence. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial. This class action waiver is an essential part of these Terms and if it is found to be unenforceable, the entirety of the dispute resolution provisions shall be null and void.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Before initiating any legal proceedings, the parties agree to attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, any legal action shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, and you hereby consent to the personal jurisdiction of such courts.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Capfluence regarding your use of the Platform and supersede all prior agreements and understandings.

18.2 Amendments

Capfluence reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Effective Date." Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms.

18.3 Severability

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

18.4 Waiver

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

18.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without the prior written consent of Capfluence. Capfluence may assign these Terms without restriction.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Capfluence Inc.
Email: support@capfluence.app
Website: www.capfluence.app