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Terms of Service (Effective Date: November 5, 2025)
Please read these Terms of Service (“Terms”) carefully before using the Market Boosters Inc. website or services. These Terms constitute a legally binding agreement between Market Boosters Inc. (“Market Boosters,” “the Company,” “we,” or “us”) and you (the user of our website or services, whether an individual or a business entity). By accessing our website at https://marketboosters.ca (“Site”) or by engaging our AI sales automation and communication services (“Services”), you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site or Services.
1. Acceptance and Overview
1.1 Binding Agreement: By accessing or using our Site or Services, you confirm that you accept and agree to comply with these Terms in full. This includes if you submit information via forms on our site or third-party platforms (such as a Facebook/Meta lead form), or if you otherwise interact with content delivered by Market Boosters. These Terms apply to all visitors, users, and clients of Market Boosters. You represent that you have the authority to enter into these Terms (for example, if you are using our Services on behalf of a company, you have the legal authority to bind that company). If you are an existing client who has signed a separate Service Agreement with us (our AI Automation Service Agreement or similar), please note that these general Terms supplement that agreement (see Section 15.2 on Entire Agreement); in case of a direct conflict, your signed Service Agreement will prevail.
1.2 Territorial Scope: Market Boosters Inc. is a Canadian company and our Services are available to users in Canada, the United States, and potentially other jurisdictions. You are responsible for ensuring that your use of the Site and Services is in compliance with all local laws and regulations. Our Services are intended for business use by adults; by using them, you affirm that you are at least 18 years old and using the Services for legitimate business or professional purposes.
2. Services Provided and Scope of Use
2.1 Nature of Services: Market Boosters Inc. provides AI-powered communication and sales support services. Our core offerings include an AI Follow-Up & Nurturing system (engaging and qualifying leads via text, email, and social media 24/7), a 24/7 AI Call Assistant (handling inbound/outbound calls, FAQs, and appointment bookings), and automated Email/SMS Campaign management. In essence, we act as a done-for-you virtual sales assistant – we handle lead outreach, follow-ups, and appointment scheduling through automated, intelligent workflows. These Services are described in detail on our Site and in any specific service agreement or plan you select.
2.2 Scope and Limitations: While our AI systems can interact with your leads and customers, schedule appointments, and answer common questions based on information you provide, it is important to understand the boundaries of our role. We are a technology and marketing service provider – we do not act as your licensed professional advisor, employee, or agent in any legal or real estate transactions. For example, if you are using our Services in a real estate context, Market Boosters is not brokering deals or giving legal advice (we simply connect and communicate as instructed). All final business dealings, negotiations, and transactions remain solely your responsibility. We do not enter into contracts on your behalf, nor do we make binding promises to your leads beyond scheduling commitments.
Furthermore, we do not guarantee any specific results or business outcomes from the use of our Services. Our AI will diligently attempt to contact every lead and book appointments, but we cannot guarantee, for instance, that a certain percentage of leads will convert to sales, or that leads will show up to appointments. Outcomes depend on many factors outside our control, including the quality of your leads, market conditions, and your follow-through in closing deals. You acknowledge that Market Boosters has not made any guarantees about the success you will achieve by using the Services, and that you are not entering this agreement based on any such expectation.
2.3 Permissible Use: You agree to use our Services only for lawful, legitimate purposes related to your business. You must provide accurate information to us (such as correct contact data for leads, your availability for meetings, etc.) and keep such information up-to-date. You shall not use the Services to engage in any illegal or harmful activities, including but not limited to sending fraudulent messages, harassment, or unsolicited spam to individuals who have not consented (see Section 4 on compliance). If we detect misuse of the system (for example, uploading lists of contacts who did not opt-in, or using the AI to send prohibited content), we reserve the right to suspend or terminate your access (per Section 6).
2.4 Third-Party Integrations: As noted, our Services may involve integration with third-party platforms (calendars, CRMs, messaging services, etc.). It is your responsibility to abide by the terms of those third-party services when using our integration. For instance, if we integrate with your Gmail or social media account, you must comply with Google’s or Meta’s terms of service. We will assist in setting up these integrations during onboarding, but you remain the account owner of those third-party services and responsible for their fees (if any) and proper use.
3. User Obligations and Conduct
3.1 Provide Lawful, Consented Data: If you provide us with lead or customer contact information (phone numbers, emails, etc.), you represent and warrant that you have obtained any necessary consent to allow us to contact those individuals on your behalf. This means the contacts have agreed to receive communications (texts, calls, emails) from you or your agents. You will not upload or send to us any contacts that were acquired through illicit means (such as scraping or buying lists without consent) or that are subject to do-not-call or anti-spam restrictions without proper authorization. You agree to promptly inform us if any individual revokes consent so we can cease contact.
3.2 Compliance with Laws: You agree to use our Services in compliance with all applicable laws and regulations, including those relating to telemarketing, anti-spam, and privacy. This includes, but is not limited to, Canada’s Anti-Spam Legislation (CASL), the Personal Information Protection and Electronic Documents Act (PIPEDA), the CRTC’s Unsolicited Telecommunications Rules (including DNCL requirements), the U.S. Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, CAN-SPAM Act, U.S. state telemarketing laws, and any other laws governing the communications you are engaging in. While Market Boosters implements safeguards and features to aid compliance (as described in our Compliance Statement), ultimate responsibility for legal compliance in your use of the Services lies with you . You must not use the Services in a manner that would cause us to be in violation of any law or regulation.
3.3 Ethical and Respectful Use: You shall engage with all leads, customers, and any Market Boosters staff or systems in a respectful and professional manner. You will not use the Services to transmit any content that is unlawful, defamatory, obscene, pornographic, hateful, or otherwise objectionable. You will not attempt to exploit the system to phish, scam, or mislead recipients. If using our AI to send customized messages, you will review and approve any templates or content that could be sensitive. We reserve the right to review communications and suspend any campaigns that violate standards of decency or fairness (for instance, content that is abusive or constitutes harassment will not be tolerated).
3.4 Account Security: If you receive or create login credentials to access any dashboard or account with Market Boosters, you are responsible for maintaining the confidentiality of those credentials. Do not share your passwords or API keys with unauthorized persons. You are responsible for all activities that occur under your account. You agree to notify us immediately at services@marketboosters.ca if you suspect any unauthorized access to your account or the occurrence of any security breach.
4. Compliance with Messaging Laws and Consent (Client Responsibilities)
Because our Services involve communications (via phone, SMS, email, etc.) on your behalf, it is crucial to outline responsibilities for legal compliance in outreach:
4.1 Consent and Opt-Out: As noted in Section 3.1, you must have consent from your contacts to receive messages/calls. All messaging campaigns using our Service must include proper identification and opt-out mechanisms (our system is designed to do this automatically for SMS and email). You are obligated to honor any opt-out or “STOP” requests from your leads immediately. We have features to automatically process such requests, but you should also promptly inform us if you receive an opt-out through any other channel. Failure to honor opt-outs can lead to legal penalties, and you agree that you will hold Market Boosters harmless from consequences arising from contacting someone who had withdrawn consent if that withdrawal was not communicated to us in a timely manner.
4.2 Prohibited Contact List: You must not provide us contacts that are on any applicable do-not-contact lists unless an exemption applies (for instance, an existing business relationship that legally permits contact despite listing). In Canada, this means scrubbing against the National DNCL unless you have an exemption; in the U.S., checking numbers against the National Do Not Call Registry (and any relevant state DNC lists). While Market Boosters may have tools to help with compliance (e.g., area-code scrubbing for time zones, or checking provided lists against known do-not-call databases if available), the primary responsibility lies with you to ensure the numbers are permissible to call or text. You also agree not to direct us to call any emergency lines, hospital/health care facility lines, or any other numbers where autodialed calls are prohibited by law.
4.3 Content Restrictions: You are responsible for the content of the messages and calls we send on your behalf. You will not instruct our AI to send content that is false or misleading (for example, no fraudulent pretenses or spoofing as someone you are not). If you are in a regulated industry (e.g., financial services, insurance, medical), you are responsible for ensuring that any claims or information provided in communications are compliant with regulations and that appropriate disclosures are included. You acknowledge that certain content is universally prohibited – we will not send messages that contain hate speech, harassment, illegal propositions, or anything that violates third-party rights (such as unsolicited advertising for a third-party product not related to your business). We also cannot send certain types of sensitive content via some channels (for instance, some carriers prohibit marketing related to cannabis, adult entertainment, etc., regardless of local legality) . You agree to review any flagged content and cooperate with us to remove or modify it to meet legal and carrier requirements.
4.4 Recording and Monitoring: If the AI Call Assistant is used, it may be configured to record calls for quality assurance. Laws in some jurisdictions require that the call participant be informed of recording and/or that consent is obtained. Our standard script includes an announcement (e.g., “This call may be recorded for quality purposes”) when required. You agree to such recordings and to using any call recordings in compliance with applicable laws. If you require a different configuration (such as disabling recording in a two-party consent state in the U.S.), you must inform us so we can accommodate. Any monitoring or recording of communications will be done in accordance with our Privacy Policy and for legitimate purposes (service improvement, training, record-keeping).
5. Payment of Fees and Subscription Terms
5.1 Fees and Billing: If you purchase our Services, you agree to pay all fees specified in the plan or order you select. Our pricing may be offered on a subscription basis (e.g., monthly or annual plans) as described on our Site or in a separate order form. All fees are stated in the contract or checkout process, and are exclusive of applicable taxes unless otherwise noted. You are responsible for any sales, GST/HST, value-added, or other taxes or duties payable under applicable law (we will add these to the billing when required by law, based on your billing address or as appropriate). Payment shall be made via the methods we support (currently, we accept payments by credit card through Stripe, or installment plans via Klarna, among others). By providing a payment method, you represent that you are authorized to use that method and you authorize us (or our third-party payment processor) to charge the full amount due for the Services to that payment method.
5.2 Auto-Renewal and Cancellation: Subscriptions will automatically renew at the end of each billing term (monthly or annually, depending on your plan) unless you provide notice of cancellation at least 30 days prior to the renewal date for annual plans, or before the next billing date for monthly plans. You may cancel by contacting us in writing at services@marketboosters.ca or through any account management interface we provide. If you cancel an annual plan mid-term, no pro-rated refund will be provided for the remaining period (annual plans are offered at a discounted rate in exchange for a commitment). Monthly plans can be canceled effective the next month, with no further charges after the current billing cycle. We reserve the right to modify our fees for new subscription terms (we will give you advance notice of any price increase, and it will apply to the next term if you choose to continue).
5.3 Late Payments: Timely payment is essential for uninterrupted service. If we do not receive payment on time, we will attempt to notify you and re-process the charge. If payment remains delinquent for a certain grace period (e.g., 7 days past due), we reserve the right to suspend Services until the account is brought current. Late payments may be subject to a late fee or interest charge of 1.5% per month (or the maximum allowed by law, if lower) on the outstanding balance, at our discretion. You will also be responsible for any reasonable collection costs (such as legal fees) if we have to enforce payment through collections. If non-payment continues, we may terminate the Services for breach (see Section 6.1).
5.4 No Chargeback Abuse: If you have an issue with billing, you agree to contact us to resolve it and not initiate chargebacks without giving us an opportunity to address the concern. Chargeback or payment disputes that are found to be unfounded or fraudulent may result in termination of your account and additional fees.
6. Termination and Suspension of Service
6.1 Termination by Market Boosters: We reserve the right to suspend or terminate your access to the Services (in whole or in part) immediately upon written notice to you if: (a) you materially breach these Terms or any other agreement with us (for example, violation of compliance obligations, non-payment, or misuse of the platform) and fail to cure such breach within 10 days after notice (if curable); (b) we determine that your use of the Service is causing harm to other users, the public, or our systems (for instance, if your campaigns are triggering spam complaints or carrier blocks on a significant scale); or (c) we are required to do so by law or a governmental authority (e.g., if providing the Service to you becomes unlawful). In cases of egregious misconduct (such as using the Service for unlawful harassment, or intentional abuse of the system), we may suspend or terminate immediately without a cure period. We will endeavor to let you know the reason and give you a chance to export your data, unless prohibited by law or security concerns.
6.2 Termination by You: You are free to stop using our Services at any time. If you wish to terminate your account and engagement with Market Boosters entirely, you should notify us in writing. Simply stopping use will not automatically trigger a refund of any prepaid amounts. If you terminate in the middle of a subscription term, the termination will be effective at the end of that term (unless we agree otherwise). See Section 5.2 regarding cancellation of auto-renewals to avoid being charged for a new term if you intend to stop.
6.3 Effect of Termination: Upon termination or expiration of your subscription, we will cease providing the Services to you. You will lose access to any dashboards or tools provided as part of the Service. It is your responsibility to download or export any data (like lead lists, conversation histories, reports) that you may need from our platform before the termination date. However, for a period of 30 days after termination, you may request in writing to retrieve any remaining client data from our systems, and we will provide you with a one-time export if feasible. After that period, we have the right to delete your data, except we may retain copies as necessary for legal, regulatory, or backup archival purposes.
Any provisions of these Terms which by their nature should survive termination (such as indemnities, limitations of liability, dispute resolution, etc.) shall survive. Termination of Services does not relieve you of any obligations to pay accrued fees or charges.
7. Disclaimers and Limitation of Liability
7.1 No Warranty; “As-Is” Service: Market Boosters Inc. provides the Site and Services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, except as explicitly stated in writing. While we strive for excellence and uptime, we do not guarantee that the Services will be uninterrupted, error-free, or achieve any particular results. Use of our AI systems involves some level of technological unpredictability, and we do not warrant that communications will reach every intended recipient (delivery can be affected by factors like carrier filters, wrong numbers, full inboxes, etc.) or that the AI’s responses will be perfect. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risk for any actions taken based on information or output from our Services. For example, any suggestions or analytics our system provides are for informational purposes and you should use your own business judgment before relying on them.
7.2 Limitation of Liability: To the fullest extent permitted by applicable law, neither Market Boosters Inc. nor its directors, officers, employees, affiliates, or licensors shall be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business opportunity, goodwill, or data, arising out of or related to your use of (or inability to use) the Services or Site. This applies even if we have been advised of the possibility of such damages. In no event will our total cumulative liability for all claims arising from or relating to these Terms or the Services exceed the amount you have paid to Market Boosters in the twelve (12) months immediately preceding the event giving rise to the liability. If you have not paid us (for example, if you are only using the free portions of the Site), our total liability shall not exceed $100 CAD.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitation may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law. The limitations in this Section 7.2 are fundamental elements of the agreement between you and us.
7.3 Acknowledgement: You acknowledge that the pricing of our Services reflects the allocation of risk and limitation of liability specified herein. We would not be able to provide the Services to you at the same cost without these limitations. You agree that these limitations are reasonable and have been taken into account in your decision to use the Services.
8. Indemnification
You agree to indemnify, defend, and hold harmless Market Boosters Inc. and its affiliates, and their respective officers, directors, agents, and employees (each an “Indemnified Party”), from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to: (a) your breach of these Terms or any representation or warranty herein; (b) your use of the Services that is illegal or in violation of the rights of any third party (for example, sending messages without proper consent, or using our platform to infringe someone’s intellectual property); (c) any content or data you or your agents provide to us (including the legality, reliability, and appropriateness of such data, and including any claims that our use of client-provided content in the Service infringes third-party rights); or (d) any communications or interactions (or lack thereof) between you and any third parties (including your leads, customers, or business partners) that occur directly or indirectly through the use of our Services.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations). In that case, you agree to cooperate with our defense of those claims. You agree not to settle any such matter without the prior written consent of Market Boosters Inc.
This indemnification provision shall survive any termination of your use of the Services or these Terms.
9. Intellectual Property Rights
9.1 Ownership by Market Boosters: All content and materials available on our Site and through the Services, including but not limited to the software platform, algorithms, text, graphics, logos, button icons, images, audio clips, video, data compilations, and software (collectively, the “Market Boosters Content”), are the property of Market Boosters Inc. or its licensors and are protected by intellectual property laws. Market Boosters™ and Market Boosters AI™ are trademarks/service marks of Market Boosters Inc. (registered or unregistered). You are not granted any right or license to use our name, logos, or trademarks without our prior written consent. We retain all rights, title, and interest in and to the Services and Market Boosters Content, including any enhancements or improvements made thereto.
9.2 License to You: During the term of your agreement with us, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Market Boosters platform and Content solely for your internal business use in accordance with these Terms. You may not resell or redistribute our Service to third parties without our permission. You also may not reverse engineer, decompile, or attempt to extract source code from our software, except to the extent that such restriction is prohibited by applicable law. Any feedback or suggestions you provide regarding the Services (e.g., improvement ideas) can be used by us without obligation to you, and you hereby grant us a royalty-free, perpetual license to implement and incorporate any such feedback into our services or software.
9.3 Your Content and Data: You retain ownership of any content or data you provide to us (“Client Content” or “Client Data”), such as your trademarks, logos, marketing scripts, or the information about your leads. You grant us a license to use, reproduce, and modify your Content solely as needed to perform the Services for you and in accordance with our Privacy Policy. For example, you authorize us to use your business name and branding in the messages that the AI sends (so leads know who it represents), and to process your lead list to carry out the campaigns. You represent and warrant that you have all necessary rights in any Client Content you provide (including consents from individuals, as covered earlier) such that our use of the Client Content as part of the Service will not violate any third-party rights or laws.
9.4 Publicity: Unless you opt out in writing, you agree that Market Boosters Inc. may include your business name and logo in a list of our clients, on our website, or in promotional materials. We may also publicly announce (e.g., via social media or on our site) that you are a client, and we may include non-confidential details about the general nature of services provided (for instance, “Client X is using Market Boosters AI™ to handle their inbound real estate inquiries”). If you prefer to opt out of this publicity right away, or at any time, please let us know and we will remove your name/logo from such uses going forward.
10. Governing Law and Dispute Resolution
10.1 Governing Law: These Terms and any dispute arising out of or relating to these Terms or the Site/Services will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of law principles. If you are accessing the Service from outside of Canada, you are responsible for complying with local laws, but the governing law for our agreement remains as stated.
10.2 Mediation and Arbitration: In the event of any controversy or claim arising out of or relating to these Terms or the Services, the parties shall first attempt in good faith to resolve the dispute amicably by negotiation. If negotiation does not resolve the matter within a reasonable period, the parties agree to attempt to settle the dispute by mediation in Calgary, Alberta, under a mediator agreed upon by both parties (or, if we cannot agree, through a mediation service’s appointment). If the dispute is not resolved by mediation within 30 days (or a timeframe agreed to in writing), then, except for matters eligible for small claims court, the dispute shall be finally resolved by binding arbitration. The arbitration will be conducted in Calgary, Alberta, or at another mutually agreed location, under the rules of a reputable arbitration organization (such as ADR Institute of Canada or the Alberta Arbitration Act). Each party will bear its own costs of mediation/arbitration, and share the arbitrator’s fees equally, unless the arbitrator decides otherwise. The arbitrator’s award shall be final and may be entered as a judgment in any competent court.
10.3 Exception – Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or equitable relief (such as a temporary restraining order) in a court of competent jurisdiction to prevent immediate and irreparable harm, for example, concerning a breach of confidentiality or intellectual property rights. This will not be deemed a waiver of the obligation to mediate/arbitrate other disputes.
10.4 Venue: Subject to the arbitration clause above, any litigation permitted under these Terms (for instance, to enforce an arbitration award or in the event the arbitration clause is deemed unenforceable) shall be brought in the courts of the Province of Alberta, in the Judicial Centre of Calgary. You and Market Boosters consent to the personal jurisdiction of such courts.
11. Waiver of Class Actions
You and Market Boosters Inc. agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis and not as a class action or representative proceeding. You further agree that you will not seek to have any dispute heard as a class action, as a private attorney general, or in any other proceeding in which a party acts or proposes to act in a representative capacity. You hereby waive your right to participate in any class action against Market Boosters related to the Services or these Terms. If for any reason this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in Section 10 may be deemed null and void at our discretion, but the rest of these Terms shall remain in effect.
12. Force Majeure
Market Boosters Inc. shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure arises from any cause or causes beyond our reasonable control. Such causes include, but are not limited to: acts of God, flood, fire, earthquakes, pandemic or epidemic outbreaks, strikes or labor disputes (excluding those involving our own employees), accidents, war or acts of terrorism, civil commotion, governmental actions, power or telecommunications outages, disruptions of the internet, third-party service interruptions (e.g., if our SMS gateway or cloud provider experiences outages), or any other event that renders our performance commercially impracticable. In the event of a force majeure event, we will use reasonable efforts to notify you and to resume service as soon as feasible. The time for our performance will be extended for a period equal to the duration of the force majeure event. If the force majeure event prevents us from providing services for an extended period (e.g., more than 30 days), either party may elect to terminate the affected services without penalty.
13. Testimonials and Reviews
Our website may feature testimonials, reviews, or feedback from some of our clients or users. These testimonials reflect the real-life experiences and opinions of those users. However, they are individual results and results do vary. We do not claim that all users will achieve the same level of success. Testimonials are not necessarily representative of all who will use our Services. You acknowledge that any testimonials on the Site are not intended as guarantees of particular outcomes. Additionally, if you as a client provide us with a testimonial or review, you give us permission to use it (along with your name and business name) on our Site or in our marketing materials, and you confirm that it is true and accurate to the best of your knowledge.
14. Amendments and Updates
Market Boosters Inc. reserves the right to modify or update these Terms of Service at any time. If we make material changes, we will post the updated Terms on this page with a new Effective Date and, if you are a current client or registered user, we may notify you via email or account notification. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Site or Services following the posting of changes constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using our Site and Services.
For clarity, no unilateral change will retroactively alter the dispute resolution provisions or other material terms for ongoing disputes unless you expressly agree. Changes will typically apply on a going-forward basis. Any waiver or modification of these Terms by you must be in a writing signed by an authorized representative of Market Boosters to be effective.
15. Severability and Entire Agreement
15.1 Severability: If any provision of these Terms is held by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. In other words, an unenforceable clause will be deemed severed from the agreement and shall not affect the validity and enforceability of the rest of the Terms. For example, if a court finds the class action waiver (Section 11) unlawful or unenforceable, the rest of the Terms would still remain effective apart from that specific clause.
15.2 Entire Agreement (and Relation to Other Agreements): These Terms of Service (together with our Privacy Policy and Compliance Statement, which are hereby incorporated by reference) constitute the entire general agreement between you and Market Boosters Inc. regarding the use of our Site and Services, and supersede any prior or contemporaneous understandings and agreements, whether written or oral, relating to such subject matter, except that if you have entered into a separate written Service Agreement or contract with Market Boosters Inc. for specific services, that separate agreement will also govern to the extent applicable. In the event of any direct conflict between the provisions of these online Terms and the provisions of your signed Service Agreement with us, the terms of the signed Service Agreement shall prevail for those specific Services. For example, if your Service Agreement has a unique termination clause or a customized SLA, that will take precedence over the corresponding section in these Terms for the scope of that agreement. Otherwise, these Terms complement and supplement any detailed service contract.
You acknowledge that you have not entered into these Terms in reliance on any statement or representation not expressly set out herein. Any additional or different terms proposed by you (for instance, in a purchase order or email) are hereby objected to and will not apply unless expressly agreed by us in writing.
15.3 No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Market Boosters.
16. Contact Information and Notices
Any notices or communications required or permitted under these Terms (other than routine operational communications) should be given in writing: if to Market Boosters Inc., via email to services@marketboosters.ca; if to you, via the email address on file associated with your account or any other contact info you have provided. It is your responsibility to keep your contact information current. Notices will be deemed given: (i) if by email, once sent (provided no bounce or error is received); (ii) if by personal delivery or courier, upon delivery; or (iii) if by registered mail, three business days after mailing.
If you have any questions or concerns about these Terms, please contact us at services@marketboosters.ca.
By using our Site or Services, you acknowledge that you have read, understood, and agree to these Terms of Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Thank you for choosing Market Boosters Inc. – we look forward to working with you in compliance and in success.
Please read these Terms of Service (“Terms”) carefully before using the Market Boosters Inc. website or services. These Terms constitute a legally binding agreement between Market Boosters Inc. (“Market Boosters,” “the Company,” “we,” or “us”) and you (the user of our website or services, whether an individual or a business entity). By accessing our website at https://marketboosters.ca (“Site”) or by engaging our AI sales automation and communication services (“Services”), you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site or Services.
1. Acceptance and Overview
1.1 Binding Agreement: By accessing or using our Site or Services, you confirm that you accept and agree to comply with these Terms in full. This includes if you submit information via forms on our site or third-party platforms (such as a Facebook/Meta lead form), or if you otherwise interact with content delivered by Market Boosters. These Terms apply to all visitors, users, and clients of Market Boosters. You represent that you have the authority to enter into these Terms (for example, if you are using our Services on behalf of a company, you have the legal authority to bind that company). If you are an existing client who has signed a separate Service Agreement with us (our AI Automation Service Agreement or similar), please note that these general Terms supplement that agreement (see Section 15.2 on Entire Agreement); in case of a direct conflict, your signed Service Agreement will prevail.
1.2 Territorial Scope: Market Boosters Inc. is a Canadian company and our Services are available to users in Canada, the United States, and potentially other jurisdictions. You are responsible for ensuring that your use of the Site and Services is in compliance with all local laws and regulations. Our Services are intended for business use by adults; by using them, you affirm that you are at least 18 years old and using the Services for legitimate business or professional purposes.
2. Services Provided and Scope of Use
2.1 Nature of Services: Market Boosters Inc. provides AI-powered communication and sales support services. Our core offerings include an AI Follow-Up & Nurturing system (engaging and qualifying leads via text, email, and social media 24/7), a 24/7 AI Call Assistant (handling inbound/outbound calls, FAQs, and appointment bookings), and automated Email/SMS Campaign management. In essence, we act as a done-for-you virtual sales assistant – we handle lead outreach, follow-ups, and appointment scheduling through automated, intelligent workflows. These Services are described in detail on our Site and in any specific service agreement or plan you select.
2.2 Scope and Limitations: While our AI systems can interact with your leads and customers, schedule appointments, and answer common questions based on information you provide, it is important to understand the boundaries of our role. We are a technology and marketing service provider – we do not act as your licensed professional advisor, employee, or agent in any legal or real estate transactions. For example, if you are using our Services in a real estate context, Market Boosters is not brokering deals or giving legal advice (we simply connect and communicate as instructed). All final business dealings, negotiations, and transactions remain solely your responsibility. We do not enter into contracts on your behalf, nor do we make binding promises to your leads beyond scheduling commitments.
Furthermore, we do not guarantee any specific results or business outcomes from the use of our Services. Our AI will diligently attempt to contact every lead and book appointments, but we cannot guarantee, for instance, that a certain percentage of leads will convert to sales, or that leads will show up to appointments. Outcomes depend on many factors outside our control, including the quality of your leads, market conditions, and your follow-through in closing deals. You acknowledge that Market Boosters has not made any guarantees about the success you will achieve by using the Services, and that you are not entering this agreement based on any such expectation.
2.3 Permissible Use: You agree to use our Services only for lawful, legitimate purposes related to your business. You must provide accurate information to us (such as correct contact data for leads, your availability for meetings, etc.) and keep such information up-to-date. You shall not use the Services to engage in any illegal or harmful activities, including but not limited to sending fraudulent messages, harassment, or unsolicited spam to individuals who have not consented (see Section 4 on compliance). If we detect misuse of the system (for example, uploading lists of contacts who did not opt-in, or using the AI to send prohibited content), we reserve the right to suspend or terminate your access (per Section 6).
2.4 Third-Party Integrations: As noted, our Services may involve integration with third-party platforms (calendars, CRMs, messaging services, etc.). It is your responsibility to abide by the terms of those third-party services when using our integration. For instance, if we integrate with your Gmail or social media account, you must comply with Google’s or Meta’s terms of service. We will assist in setting up these integrations during onboarding, but you remain the account owner of those third-party services and responsible for their fees (if any) and proper use.
3. User Obligations and Conduct
3.1 Provide Lawful, Consented Data: If you provide us with lead or customer contact information (phone numbers, emails, etc.), you represent and warrant that you have obtained any necessary consent to allow us to contact those individuals on your behalf. This means the contacts have agreed to receive communications (texts, calls, emails) from you or your agents. You will not upload or send to us any contacts that were acquired through illicit means (such as scraping or buying lists without consent) or that are subject to do-not-call or anti-spam restrictions without proper authorization. You agree to promptly inform us if any individual revokes consent so we can cease contact.
3.2 Compliance with Laws: You agree to use our Services in compliance with all applicable laws and regulations, including those relating to telemarketing, anti-spam, and privacy. This includes, but is not limited to, Canada’s Anti-Spam Legislation (CASL), the Personal Information Protection and Electronic Documents Act (PIPEDA), the CRTC’s Unsolicited Telecommunications Rules (including DNCL requirements), the U.S. Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, CAN-SPAM Act, U.S. state telemarketing laws, and any other laws governing the communications you are engaging in. While Market Boosters implements safeguards and features to aid compliance (as described in our Compliance Statement), ultimate responsibility for legal compliance in your use of the Services lies with you . You must not use the Services in a manner that would cause us to be in violation of any law or regulation.
3.3 Ethical and Respectful Use: You shall engage with all leads, customers, and any Market Boosters staff or systems in a respectful and professional manner. You will not use the Services to transmit any content that is unlawful, defamatory, obscene, pornographic, hateful, or otherwise objectionable. You will not attempt to exploit the system to phish, scam, or mislead recipients. If using our AI to send customized messages, you will review and approve any templates or content that could be sensitive. We reserve the right to review communications and suspend any campaigns that violate standards of decency or fairness (for instance, content that is abusive or constitutes harassment will not be tolerated).
3.4 Account Security: If you receive or create login credentials to access any dashboard or account with Market Boosters, you are responsible for maintaining the confidentiality of those credentials. Do not share your passwords or API keys with unauthorized persons. You are responsible for all activities that occur under your account. You agree to notify us immediately at services@marketboosters.ca if you suspect any unauthorized access to your account or the occurrence of any security breach.
4. Compliance with Messaging Laws and Consent (Client Responsibilities)
Because our Services involve communications (via phone, SMS, email, etc.) on your behalf, it is crucial to outline responsibilities for legal compliance in outreach:
4.1 Consent and Opt-Out: As noted in Section 3.1, you must have consent from your contacts to receive messages/calls. All messaging campaigns using our Service must include proper identification and opt-out mechanisms (our system is designed to do this automatically for SMS and email). You are obligated to honor any opt-out or “STOP” requests from your leads immediately. We have features to automatically process such requests, but you should also promptly inform us if you receive an opt-out through any other channel. Failure to honor opt-outs can lead to legal penalties, and you agree that you will hold Market Boosters harmless from consequences arising from contacting someone who had withdrawn consent if that withdrawal was not communicated to us in a timely manner.
4.2 Prohibited Contact List: You must not provide us contacts that are on any applicable do-not-contact lists unless an exemption applies (for instance, an existing business relationship that legally permits contact despite listing). In Canada, this means scrubbing against the National DNCL unless you have an exemption; in the U.S., checking numbers against the National Do Not Call Registry (and any relevant state DNC lists). While Market Boosters may have tools to help with compliance (e.g., area-code scrubbing for time zones, or checking provided lists against known do-not-call databases if available), the primary responsibility lies with you to ensure the numbers are permissible to call or text. You also agree not to direct us to call any emergency lines, hospital/health care facility lines, or any other numbers where autodialed calls are prohibited by law.
4.3 Content Restrictions: You are responsible for the content of the messages and calls we send on your behalf. You will not instruct our AI to send content that is false or misleading (for example, no fraudulent pretenses or spoofing as someone you are not). If you are in a regulated industry (e.g., financial services, insurance, medical), you are responsible for ensuring that any claims or information provided in communications are compliant with regulations and that appropriate disclosures are included. You acknowledge that certain content is universally prohibited – we will not send messages that contain hate speech, harassment, illegal propositions, or anything that violates third-party rights (such as unsolicited advertising for a third-party product not related to your business). We also cannot send certain types of sensitive content via some channels (for instance, some carriers prohibit marketing related to cannabis, adult entertainment, etc., regardless of local legality) . You agree to review any flagged content and cooperate with us to remove or modify it to meet legal and carrier requirements.
4.4 Recording and Monitoring: If the AI Call Assistant is used, it may be configured to record calls for quality assurance. Laws in some jurisdictions require that the call participant be informed of recording and/or that consent is obtained. Our standard script includes an announcement (e.g., “This call may be recorded for quality purposes”) when required. You agree to such recordings and to using any call recordings in compliance with applicable laws. If you require a different configuration (such as disabling recording in a two-party consent state in the U.S.), you must inform us so we can accommodate. Any monitoring or recording of communications will be done in accordance with our Privacy Policy and for legitimate purposes (service improvement, training, record-keeping).
5. Payment of Fees and Subscription Terms
5.1 Fees and Billing: If you purchase our Services, you agree to pay all fees specified in the plan or order you select. Our pricing may be offered on a subscription basis (e.g., monthly or annual plans) as described on our Site or in a separate order form. All fees are stated in the contract or checkout process, and are exclusive of applicable taxes unless otherwise noted. You are responsible for any sales, GST/HST, value-added, or other taxes or duties payable under applicable law (we will add these to the billing when required by law, based on your billing address or as appropriate). Payment shall be made via the methods we support (currently, we accept payments by credit card through Stripe, or installment plans via Klarna, among others). By providing a payment method, you represent that you are authorized to use that method and you authorize us (or our third-party payment processor) to charge the full amount due for the Services to that payment method.
5.2 Auto-Renewal and Cancellation: Subscriptions will automatically renew at the end of each billing term (monthly or annually, depending on your plan) unless you provide notice of cancellation at least 30 days prior to the renewal date for annual plans, or before the next billing date for monthly plans. You may cancel by contacting us in writing at services@marketboosters.ca or through any account management interface we provide. If you cancel an annual plan mid-term, no pro-rated refund will be provided for the remaining period (annual plans are offered at a discounted rate in exchange for a commitment). Monthly plans can be canceled effective the next month, with no further charges after the current billing cycle. We reserve the right to modify our fees for new subscription terms (we will give you advance notice of any price increase, and it will apply to the next term if you choose to continue).
5.3 Late Payments: Timely payment is essential for uninterrupted service. If we do not receive payment on time, we will attempt to notify you and re-process the charge. If payment remains delinquent for a certain grace period (e.g., 7 days past due), we reserve the right to suspend Services until the account is brought current. Late payments may be subject to a late fee or interest charge of 1.5% per month (or the maximum allowed by law, if lower) on the outstanding balance, at our discretion. You will also be responsible for any reasonable collection costs (such as legal fees) if we have to enforce payment through collections. If non-payment continues, we may terminate the Services for breach (see Section 6.1).
5.4 No Chargeback Abuse: If you have an issue with billing, you agree to contact us to resolve it and not initiate chargebacks without giving us an opportunity to address the concern. Chargeback or payment disputes that are found to be unfounded or fraudulent may result in termination of your account and additional fees.
6. Termination and Suspension of Service
6.1 Termination by Market Boosters: We reserve the right to suspend or terminate your access to the Services (in whole or in part) immediately upon written notice to you if: (a) you materially breach these Terms or any other agreement with us (for example, violation of compliance obligations, non-payment, or misuse of the platform) and fail to cure such breach within 10 days after notice (if curable); (b) we determine that your use of the Service is causing harm to other users, the public, or our systems (for instance, if your campaigns are triggering spam complaints or carrier blocks on a significant scale); or (c) we are required to do so by law or a governmental authority (e.g., if providing the Service to you becomes unlawful). In cases of egregious misconduct (such as using the Service for unlawful harassment, or intentional abuse of the system), we may suspend or terminate immediately without a cure period. We will endeavor to let you know the reason and give you a chance to export your data, unless prohibited by law or security concerns.
6.2 Termination by You: You are free to stop using our Services at any time. If you wish to terminate your account and engagement with Market Boosters entirely, you should notify us in writing. Simply stopping use will not automatically trigger a refund of any prepaid amounts. If you terminate in the middle of a subscription term, the termination will be effective at the end of that term (unless we agree otherwise). See Section 5.2 regarding cancellation of auto-renewals to avoid being charged for a new term if you intend to stop.
6.3 Effect of Termination: Upon termination or expiration of your subscription, we will cease providing the Services to you. You will lose access to any dashboards or tools provided as part of the Service. It is your responsibility to download or export any data (like lead lists, conversation histories, reports) that you may need from our platform before the termination date. However, for a period of 30 days after termination, you may request in writing to retrieve any remaining client data from our systems, and we will provide you with a one-time export if feasible. After that period, we have the right to delete your data, except we may retain copies as necessary for legal, regulatory, or backup archival purposes.
Any provisions of these Terms which by their nature should survive termination (such as indemnities, limitations of liability, dispute resolution, etc.) shall survive. Termination of Services does not relieve you of any obligations to pay accrued fees or charges.
7. Disclaimers and Limitation of Liability
7.1 No Warranty; “As-Is” Service: Market Boosters Inc. provides the Site and Services on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, except as explicitly stated in writing. While we strive for excellence and uptime, we do not guarantee that the Services will be uninterrupted, error-free, or achieve any particular results. Use of our AI systems involves some level of technological unpredictability, and we do not warrant that communications will reach every intended recipient (delivery can be affected by factors like carrier filters, wrong numbers, full inboxes, etc.) or that the AI’s responses will be perfect. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risk for any actions taken based on information or output from our Services. For example, any suggestions or analytics our system provides are for informational purposes and you should use your own business judgment before relying on them.
7.2 Limitation of Liability: To the fullest extent permitted by applicable law, neither Market Boosters Inc. nor its directors, officers, employees, affiliates, or licensors shall be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business opportunity, goodwill, or data, arising out of or related to your use of (or inability to use) the Services or Site. This applies even if we have been advised of the possibility of such damages. In no event will our total cumulative liability for all claims arising from or relating to these Terms or the Services exceed the amount you have paid to Market Boosters in the twelve (12) months immediately preceding the event giving rise to the liability. If you have not paid us (for example, if you are only using the free portions of the Site), our total liability shall not exceed $100 CAD.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitation may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law. The limitations in this Section 7.2 are fundamental elements of the agreement between you and us.
7.3 Acknowledgement: You acknowledge that the pricing of our Services reflects the allocation of risk and limitation of liability specified herein. We would not be able to provide the Services to you at the same cost without these limitations. You agree that these limitations are reasonable and have been taken into account in your decision to use the Services.
8. Indemnification
You agree to indemnify, defend, and hold harmless Market Boosters Inc. and its affiliates, and their respective officers, directors, agents, and employees (each an “Indemnified Party”), from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to: (a) your breach of these Terms or any representation or warranty herein; (b) your use of the Services that is illegal or in violation of the rights of any third party (for example, sending messages without proper consent, or using our platform to infringe someone’s intellectual property); (c) any content or data you or your agents provide to us (including the legality, reliability, and appropriateness of such data, and including any claims that our use of client-provided content in the Service infringes third-party rights); or (d) any communications or interactions (or lack thereof) between you and any third parties (including your leads, customers, or business partners) that occur directly or indirectly through the use of our Services.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations). In that case, you agree to cooperate with our defense of those claims. You agree not to settle any such matter without the prior written consent of Market Boosters Inc.
This indemnification provision shall survive any termination of your use of the Services or these Terms.
9. Intellectual Property Rights
9.1 Ownership by Market Boosters: All content and materials available on our Site and through the Services, including but not limited to the software platform, algorithms, text, graphics, logos, button icons, images, audio clips, video, data compilations, and software (collectively, the “Market Boosters Content”), are the property of Market Boosters Inc. or its licensors and are protected by intellectual property laws. Market Boosters™ and Market Boosters AI™ are trademarks/service marks of Market Boosters Inc. (registered or unregistered). You are not granted any right or license to use our name, logos, or trademarks without our prior written consent. We retain all rights, title, and interest in and to the Services and Market Boosters Content, including any enhancements or improvements made thereto.
9.2 License to You: During the term of your agreement with us, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Market Boosters platform and Content solely for your internal business use in accordance with these Terms. You may not resell or redistribute our Service to third parties without our permission. You also may not reverse engineer, decompile, or attempt to extract source code from our software, except to the extent that such restriction is prohibited by applicable law. Any feedback or suggestions you provide regarding the Services (e.g., improvement ideas) can be used by us without obligation to you, and you hereby grant us a royalty-free, perpetual license to implement and incorporate any such feedback into our services or software.
9.3 Your Content and Data: You retain ownership of any content or data you provide to us (“Client Content” or “Client Data”), such as your trademarks, logos, marketing scripts, or the information about your leads. You grant us a license to use, reproduce, and modify your Content solely as needed to perform the Services for you and in accordance with our Privacy Policy. For example, you authorize us to use your business name and branding in the messages that the AI sends (so leads know who it represents), and to process your lead list to carry out the campaigns. You represent and warrant that you have all necessary rights in any Client Content you provide (including consents from individuals, as covered earlier) such that our use of the Client Content as part of the Service will not violate any third-party rights or laws.
9.4 Publicity: Unless you opt out in writing, you agree that Market Boosters Inc. may include your business name and logo in a list of our clients, on our website, or in promotional materials. We may also publicly announce (e.g., via social media or on our site) that you are a client, and we may include non-confidential details about the general nature of services provided (for instance, “Client X is using Market Boosters AI™ to handle their inbound real estate inquiries”). If you prefer to opt out of this publicity right away, or at any time, please let us know and we will remove your name/logo from such uses going forward.
10. Governing Law and Dispute Resolution
10.1 Governing Law: These Terms and any dispute arising out of or relating to these Terms or the Site/Services will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of law principles. If you are accessing the Service from outside of Canada, you are responsible for complying with local laws, but the governing law for our agreement remains as stated.
10.2 Mediation and Arbitration: In the event of any controversy or claim arising out of or relating to these Terms or the Services, the parties shall first attempt in good faith to resolve the dispute amicably by negotiation. If negotiation does not resolve the matter within a reasonable period, the parties agree to attempt to settle the dispute by mediation in Calgary, Alberta, under a mediator agreed upon by both parties (or, if we cannot agree, through a mediation service’s appointment). If the dispute is not resolved by mediation within 30 days (or a timeframe agreed to in writing), then, except for matters eligible for small claims court, the dispute shall be finally resolved by binding arbitration. The arbitration will be conducted in Calgary, Alberta, or at another mutually agreed location, under the rules of a reputable arbitration organization (such as ADR Institute of Canada or the Alberta Arbitration Act). Each party will bear its own costs of mediation/arbitration, and share the arbitrator’s fees equally, unless the arbitrator decides otherwise. The arbitrator’s award shall be final and may be entered as a judgment in any competent court.
10.3 Exception – Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or equitable relief (such as a temporary restraining order) in a court of competent jurisdiction to prevent immediate and irreparable harm, for example, concerning a breach of confidentiality or intellectual property rights. This will not be deemed a waiver of the obligation to mediate/arbitrate other disputes.
10.4 Venue: Subject to the arbitration clause above, any litigation permitted under these Terms (for instance, to enforce an arbitration award or in the event the arbitration clause is deemed unenforceable) shall be brought in the courts of the Province of Alberta, in the Judicial Centre of Calgary. You and Market Boosters consent to the personal jurisdiction of such courts.
11. Waiver of Class Actions
You and Market Boosters Inc. agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis and not as a class action or representative proceeding. You further agree that you will not seek to have any dispute heard as a class action, as a private attorney general, or in any other proceeding in which a party acts or proposes to act in a representative capacity. You hereby waive your right to participate in any class action against Market Boosters related to the Services or these Terms. If for any reason this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in Section 10 may be deemed null and void at our discretion, but the rest of these Terms shall remain in effect.
12. Force Majeure
Market Boosters Inc. shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure arises from any cause or causes beyond our reasonable control. Such causes include, but are not limited to: acts of God, flood, fire, earthquakes, pandemic or epidemic outbreaks, strikes or labor disputes (excluding those involving our own employees), accidents, war or acts of terrorism, civil commotion, governmental actions, power or telecommunications outages, disruptions of the internet, third-party service interruptions (e.g., if our SMS gateway or cloud provider experiences outages), or any other event that renders our performance commercially impracticable. In the event of a force majeure event, we will use reasonable efforts to notify you and to resume service as soon as feasible. The time for our performance will be extended for a period equal to the duration of the force majeure event. If the force majeure event prevents us from providing services for an extended period (e.g., more than 30 days), either party may elect to terminate the affected services without penalty.
13. Testimonials and Reviews
Our website may feature testimonials, reviews, or feedback from some of our clients or users. These testimonials reflect the real-life experiences and opinions of those users. However, they are individual results and results do vary. We do not claim that all users will achieve the same level of success. Testimonials are not necessarily representative of all who will use our Services. You acknowledge that any testimonials on the Site are not intended as guarantees of particular outcomes. Additionally, if you as a client provide us with a testimonial or review, you give us permission to use it (along with your name and business name) on our Site or in our marketing materials, and you confirm that it is true and accurate to the best of your knowledge.
14. Amendments and Updates
Market Boosters Inc. reserves the right to modify or update these Terms of Service at any time. If we make material changes, we will post the updated Terms on this page with a new Effective Date and, if you are a current client or registered user, we may notify you via email or account notification. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Site or Services following the posting of changes constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using our Site and Services.
For clarity, no unilateral change will retroactively alter the dispute resolution provisions or other material terms for ongoing disputes unless you expressly agree. Changes will typically apply on a going-forward basis. Any waiver or modification of these Terms by you must be in a writing signed by an authorized representative of Market Boosters to be effective.
15. Severability and Entire Agreement
15.1 Severability: If any provision of these Terms is held by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect. In other words, an unenforceable clause will be deemed severed from the agreement and shall not affect the validity and enforceability of the rest of the Terms. For example, if a court finds the class action waiver (Section 11) unlawful or unenforceable, the rest of the Terms would still remain effective apart from that specific clause.
15.2 Entire Agreement (and Relation to Other Agreements): These Terms of Service (together with our Privacy Policy and Compliance Statement, which are hereby incorporated by reference) constitute the entire general agreement between you and Market Boosters Inc. regarding the use of our Site and Services, and supersede any prior or contemporaneous understandings and agreements, whether written or oral, relating to such subject matter, except that if you have entered into a separate written Service Agreement or contract with Market Boosters Inc. for specific services, that separate agreement will also govern to the extent applicable. In the event of any direct conflict between the provisions of these online Terms and the provisions of your signed Service Agreement with us, the terms of the signed Service Agreement shall prevail for those specific Services. For example, if your Service Agreement has a unique termination clause or a customized SLA, that will take precedence over the corresponding section in these Terms for the scope of that agreement. Otherwise, these Terms complement and supplement any detailed service contract.
You acknowledge that you have not entered into these Terms in reliance on any statement or representation not expressly set out herein. Any additional or different terms proposed by you (for instance, in a purchase order or email) are hereby objected to and will not apply unless expressly agreed by us in writing.
15.3 No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Market Boosters.
16. Contact Information and Notices
Any notices or communications required or permitted under these Terms (other than routine operational communications) should be given in writing: if to Market Boosters Inc., via email to services@marketboosters.ca; if to you, via the email address on file associated with your account or any other contact info you have provided. It is your responsibility to keep your contact information current. Notices will be deemed given: (i) if by email, once sent (provided no bounce or error is received); (ii) if by personal delivery or courier, upon delivery; or (iii) if by registered mail, three business days after mailing.
If you have any questions or concerns about these Terms, please contact us at services@marketboosters.ca.
By using our Site or Services, you acknowledge that you have read, understood, and agree to these Terms of Service. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Thank you for choosing Market Boosters Inc. – we look forward to working with you in compliance and in success.