Effective Date: July 19, 2026
Version 1.1
Introduction
Welcome to Capfluence. These Terms of Service (the "Terms") govern your access to and use of the Capfluence website at www.capfluence.app and the Capfluence platform (together, the "Service"), which is provided by Capfluence Inc. ("Capfluence," "we," "us," or "our"). By accessing the website, requesting a demo, entering into a subscription with us, or using the platform, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of a company, firm, or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to both you individually and the entity you represent. If you do not have that authority, or if you do not agree with these Terms, you must not access or use the Service.
These Terms apply to website visitors and to subscribed users of the Capfluence platform. Enterprise customers, including financial institutions and firms deploying Capfluence across multiple advisors, may enter into a separate master services agreement with us. Where a master services agreement is in place, that agreement governs the enterprise deployment and, to the extent of any conflict, supersedes these Terms for that customer.
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. The Service is designed for use by financial advisors, wealth management teams, financial services firms, and adjacent professionals operating in Canada. By using the Service, you represent that you meet these requirements.
You must not use the Service if you are prohibited from doing so under any applicable law, or if your access to the Service has been previously suspended or terminated by us.
How Access to the Platform Works
The Capfluence platform is available to subscribed users only. There is no self-serve signup, free tier, or free trial. Access to the platform begins with a demo request submitted through the website, followed by a subscription commencement once commercial terms are agreed and payment is received.
Pricing is not published on the website and is disclosed during the demo process. Once you subscribe, you receive access to the plan you have selected for the term of the subscription.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us at hello@capfluence.app promptly if you become aware of any unauthorized access to or use of your account.
You must provide accurate and current information when creating your account and keep that information up to date. You must not share your account with anyone else, and each user of the platform requires an individual account under a subscription that authorizes that user's access.
Subscription, Payment, and Renewal
Subscriptions are billed annually in advance. All fees are stated in Canadian dollars unless otherwise agreed in writing and are exclusive of applicable taxes, which are the responsibility of the customer.
Fees paid are non-refundable. Once you subscribe and are billed for a subscription term, you are not entitled to a refund of any portion of the fees, whether you use the Service or not, except where required by applicable law.
Subscriptions renew automatically at the end of each subscription term for a further term of equal length, at the then-current pricing, unless cancelled in accordance with these Terms. We will provide you with written notice of upcoming renewal, including the renewal date and the amount to be charged, at least 45 days before the renewal date.
You may cancel auto-renewal at any time before the renewal date by contacting us at hello@capfluence.app or by using any self-serve cancellation mechanism we may make available in the platform. Cancellation takes effect at the end of the then-current subscription term, and you retain access to the Service for the remainder of that term.
What the Service Does and Does Not Do
The Service is a software platform designed to help Canadian financial advisors, teams, and firms identify, engage, and manage relationships with prospective and current clients. The Service may include features for contact discovery, communication support, pipeline management, meeting support, analytics, educational content, and related functionality. The specific features available to you depend on your subscription plan and may change from time to time.
The Service surfaces contact information and intelligence about potential prospects. It does not send commercial electronic messages, marketing communications, or any outreach on behalf of any user. Every message a user chooses to send to a prospect is initiated, reviewed, and transmitted individually by the user through the user's own connected email systems or through the user's own channels. Capfluence does not provide bulk email, automated outreach, or any feature that sends messages to multiple recipients on behalf of the user.
The Service is a tool. It is not a substitute for the user's own professional judgment, compliance obligations, or client relationships. Decisions about which prospects to contact, when to contact them, what to say, and whether to enter into a client relationship remain the user's alone.
Compliance with Law and Professional Obligations
You are solely responsible for compliance with all laws, regulations, professional conduct rules, and industry codes applicable to your use of the Service, including without limitation:
Canada's Anti-Spam Legislation ("CASL") and any regulations made under it;
The Unsolicited Telecommunications Rules administered by the Canadian Radio-television and Telecommunications Commission, including the National Do Not Call List Rules, the Telemarketing Rules, and the Automatic Dialing-Announcing Device Rules;
The Personal Information Protection and Electronic Documents Act ("PIPEDA");
An Act respecting the protection of personal information in the private sector (Quebec), commonly known as Law 25;
Any other federal, provincial, or territorial privacy legislation applicable to you;
Any rules, guidance, or requirements imposed by the Canadian Investment Regulatory Organization ("CIRO"), provincial or territorial securities regulators including members of the Canadian Securities Administrators, insurance regulators, mortgage regulators, or any other self-regulatory organization governing your profession;
Any policies of your firm, employer, or dealer member concerning prospecting, client communications, record-keeping, use of third-party tools, or artificial intelligence.
You represent and warrant that, before initiating any commercial electronic message or telephone call to any individual using contact information obtained through the Service, you have a lawful basis for that communication, whether by way of express consent, implied consent, an applicable exemption, or another lawful basis available to you under applicable legislation.
For the avoidance of doubt, you acknowledge that Capfluence does not act as the sender of any commercial electronic message you compose and transmit using the Service. You are the sender of every such message for the purposes of CASL and analogous legislation, and you bear sole responsibility for meeting the sender's obligations under those laws, including consent, message content, unsubscribe mechanisms, and record-keeping.
You further acknowledge that Capfluence does not screen individuals whose information appears in the Service against the National Do Not Call List. Where you use contact information from the Service to place a telephone call, you are responsible for scrubbing against the National DNCL to the extent applicable to the call and for maintaining an internal do-not-call list in compliance with the Unsolicited Telecommunications Rules.
You must not, and must not permit any other person to:
Use the Service in any way that violates any applicable law, regulation, or professional rule;
Send bulk, automated, or multi-recipient commercial electronic messages using any workflow that involves the Service, including by way of automation layered on top of the Service, integrations, or external tools that draw contact information from the Service for the purpose of bulk outreach;
Attempt to gain unauthorized access to the Service, to any account other than your own, to any part of the platform's underlying infrastructure, or to any data other than data you are authorized to access;
Copy, scrape, harvest, extract, or otherwise remove contact intelligence data from the Service in bulk, except through export functionality expressly provided to you;
Resell, sublicense, redistribute, or make the Service available to any third party who is not an authorized user under your subscription;
Reverse engineer, decompile, or otherwise attempt to derive the source code, models, algorithms, or underlying data structures of the Service, except to the extent applicable law expressly permits and cannot be waived by contract;
Use the Service to develop, train, or improve any product or service that competes with the Service;
Introduce any malware, virus, worm, or other harmful code into the Service;
Circumvent, disable, or interfere with any security, authentication, rate-limiting, or access-control feature of the Service.
We may investigate any suspected breach of this section and may suspend or terminate access to the Service without notice in the case of any breach that presents a risk to the Service, other users, or Capfluence.
Your Content
You retain ownership of all data, content, and information you upload to the Service or create through use of the Service, including contacts you add manually, notes, custom fields, pipeline data, meeting notes, and files ("Your Content").
Platform Data
Capfluence retains ownership of, and all rights in, the underlying contact intelligence data surfaced through the Service, any AI-generated outputs produced by the Service, all analytics and product usage data, and any derivative data Capfluence creates from processing ("Platform Data"). Contact intelligence data made available to you through the Service is licensed to you for use within the Service and for lawful outreach and client development purposes only, and is not sold or transferred to you.
Converted Prospects
When you convert a prospect to a contact within the Service, the relationship data you create in connection with that contact (including your notes, status changes, custom fields, and interaction history) belongs to you as Your Content. The underlying identity and contact intelligence for the prospect (including name, professional details, verified contact information, and life event signals surfaced by the Service) remains Platform Data owned by Capfluence.
Individual and Firm Subscriptions
Where a subscription is between Capfluence and an individual (an "Individual Subscription"), all of Your Content within that subscription is owned by the individual subscriber. Where a subscription is between Capfluence and a firm, employer, or other legal entity that authorizes individual users to access the Service (a "Firm Subscription"), all of Your Content within that subscription is owned by the firm. On termination of employment or authorization of an individual user under a Firm Subscription, Capfluence will follow the firm's instructions with respect to that user's access to and export of Your Content, subject to the terms of the applicable subscription agreement or master services agreement between Capfluence and the firm.
Capfluence does not adjudicate disputes between firms and individual users regarding ownership of, access to, or use of Your Content. Such disputes must be resolved directly between the parties involved.
Your Representations About Your Content
You represent and warrant that: (a) you have all necessary rights, consents, authorizations, and legal bases to upload, transfer, and process any personal information you include in Your Content; (b) your use of the Service to process such information complies with all applicable privacy laws, including PIPEDA and Law 25 where applicable; (c) where you upload information about your existing clients, you have obtained any consent required under your firm's policies and applicable law to share that information with a third-party service provider; and (d) your upload and use of Your Content does not violate any confidentiality obligation, professional conduct rule, or contractual restriction to which you are subject.
Export on Termination
On termination or non-renewal of your subscription, you may export Your Content, including your notes, custom fields, and interaction history for any converted prospects, in a machine-readable format. You may not export the underlying prospect intelligence that remains Platform Data. We will make export functionality available for at least 30 days following termination.
Retention After Termination
After the 30-day export window closes, Your Content will be deleted from active systems within 30 days. Copies of Your Content may persist in encrypted backups for up to 90 additional days, after which those copies are securely destroyed. Where Capfluence is required by law to retain specific records for tax, audit, or regulatory purposes, Capfluence retains only those specific records for only the period required.
Licence to Us
You grant Capfluence a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, and process Your Content solely as needed to provide the Service to you, to enforce these Terms, and to comply with our legal obligations. This licence ends when Your Content is deleted from the Service, subject to the retention terms above.
Aggregated and De-identified Data
Capfluence may use aggregated and de-identified data derived from the operation of the Service, including from your use of the Service, for any lawful purpose, including improving the Service and our AI models, publishing industry benchmarks and thought leadership, conducting research, developing new features, and marketing the Service.
Capfluence will not:
use aggregated or de-identified data derived from a specific customer's use of the Service to create sales or marketing content that identifies that customer without the customer's consent; or
sell or license customer-derived aggregated data to third parties without giving affected customers meaningful advance notice.
For clarity, aggregated and de-identified data does not include Your Content in a form that can be linked to you or any identifiable individual.
AI and Automated Processing
The Service uses artificial intelligence and automated processing to power features including but not limited to prospect discovery and ranking, meeting summaries, drafted communications, and daily briefings. AI-generated outputs are provided as a starting point for the user and must be reviewed by the user before being sent, published, or acted upon.
Capfluence does not warrant that AI-generated outputs are accurate, complete, appropriate for a particular use, or free of error. You remain responsible for reviewing every AI-generated output and for any decision you make based on that output.
Further information about how the Service uses personal information in connection with AI and automated processing is set out in the Capfluence Privacy Policy at www.capfluence.app.
The Service integrates with third-party systems, including email and calendar providers, through Nylas, a communications infrastructure provider that acts as an intermediary between the Service and the third-party systems you connect. When you connect a third-party account, you authorize Capfluence and Nylas to access the data in that account as needed to provide the connected functionality.
Your use of any third-party service, including services you connect to the Capfluence Service, is subject to the terms of that third-party service. Capfluence is not responsible for the availability, accuracy, content, security, or practices of any third-party service. If a third-party service is discontinued, modified, or made unavailable, the corresponding functionality in the Service may be affected.
The Service, including all software, content, features, user interface elements, models, and documentation, is owned by Capfluence or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited rights expressly granted to you in these Terms, no rights in the Service are granted to you.
The name "Capfluence," the Capfluence logo, and any related marks are trademarks of Capfluence Inc. You must not use these marks without our prior written consent.
If you provide us with feedback, suggestions, or ideas about the Service, you grant Capfluence a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use that feedback for any purpose without obligation to you.
Service Availability and Changes
We aim to make the Service available on a continuous basis but we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates, upgrades, or issues beyond our control. We are not liable for any unavailability, delay, or disruption of the Service.
We may modify, add to, or discontinue features of the Service at any time. Where a change materially reduces functionality on which you rely, we will use reasonable efforts to give you advance notice.
Warranties and Disclaimer
The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Capfluence disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and completeness.
Without limiting the foregoing, Capfluence does not warrant that the Service will meet your requirements, that the Service will be uninterrupted or error-free, that contact intelligence data will be accurate or complete at any given time, or that AI-generated outputs will be suitable for any particular use.
Contact intelligence data is compiled from third-party sources and processed by automated means. Information about individuals may be inaccurate, out of date, or incomplete. You are responsible for verifying information before acting on it.
To the maximum extent permitted by law, Capfluence is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, or data, however caused, whether in contract, tort (including negligence), or otherwise, and whether or not Capfluence has been advised of the possibility of such damages.
To the maximum extent permitted by law, Capfluence's total aggregate liability to you arising out of or related to these Terms or your use of the Service, whether in contract, tort (including negligence), statute, or otherwise, is limited to the amount you have paid to Capfluence for the Service in the 12 months preceding the event giving rise to the liability.
The limitations in this section apply even if a remedy fails of its essential purpose.
You will indemnify, defend, and hold harmless Capfluence, its affiliates, and its and their respective directors, officers, employees, and agents from and against any claim, demand, action, investigation, penalty, fine, judgment, settlement, loss, cost, or expense (including reasonable legal fees) arising out of or related to:
your use of the Service, including any communication you initiate, any prospect you contact, or any decision you make based on outputs of the Service;
your breach of these Terms, including any breach of Section 6 (Compliance with Law) or Section 7 (Acceptable Use);
any regulatory action, complaint, investigation, or civil claim brought against Capfluence under CASL, the Unsolicited Telecommunications Rules including the National DNCL, PIPEDA, Quebec Law 25, or any comparable legislation, to the extent arising from your conduct, communications, or targeting decisions;
your infringement of any third-party right, including any intellectual property or privacy right;
Your Content, including any claim that Your Content infringes, misappropriates, or violates any third-party right or applicable law, or that you did not have the rights or authorizations represented in Section 8.
Capfluence may participate in the defence of any claim at its own expense using counsel of its choice. You will not settle any claim in a manner that admits fault by Capfluence or imposes any obligation on Capfluence without Capfluence's prior written consent.
You may terminate your subscription and these Terms at any time by cancelling in accordance with Section 4. Termination takes effect at the end of the then-current subscription term. Fees paid for the then-current term are non-refundable.
We may suspend or terminate your access to the Service at any time, with or without notice, if:
you materially breach these Terms;
your continued use of the Service presents a risk to Capfluence, other users, or third parties;
we are required to do so by law;
we cease providing the Service to customers generally;
your subscription is not paid when due.
Sections that by their nature should survive termination will survive, including Sections 8 (Data Ownership and Use), 11 (Intellectual Property), 13 (Warranties and Disclaimer), 14 (Limitation of Liability), 15 (Indemnification), 17 (Governing Law and Jurisdiction), and 18 (General).
Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
You and Capfluence agree that any dispute arising out of or related to these Terms or the Service will be resolved exclusively by the courts of the Province of Ontario sitting in Toronto, and you and Capfluence attorn to the exclusive jurisdiction of those courts.
Notwithstanding the above, Capfluence may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or the security of the Service.
Entire Agreement
These Terms, together with the Capfluence Privacy Policy and any subscription order or master services agreement between you and Capfluence, constitute the entire agreement between you and Capfluence with respect to the Service and supersede any prior agreement or communication on the subject matter.
Amendments
We may amend these Terms from time to time. When we do, we will update the Effective Date at the top of the Terms and, where the amendment is material, we will provide reasonable notice to subscribed users. Continued use of the Service after an amendment takes effect and after we have provided reasonable notice constitutes acceptance of the amended Terms.
Notices
Notices to Capfluence must be sent by email to hello@capfluence.app or by post to the address in Section 19. Notices to you may be sent to the email address associated with your account or delivered through the Service.
No Waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in effect.
Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Independent Contractors
Capfluence and you are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
Force Majeure
Neither party is liable for any delay or failure to perform under these Terms (other than payment obligations) caused by circumstances beyond that party's reasonable control.
Capfluence Inc.
2727 Steeles Avenue West, Unit 103-1025
Toronto, Ontario M3J 3G9
Canada
General inquiries: hello@capfluence.app
Privacy inquiries: privacy@capfluence.app
