Terms & Conditions
Introduction
These Terms and Conditions (the “Terms”), set forth the legal agreement between Matador.IA (the “Company” or “Service Provider”) and you, the user (the “User”). By accessing, browsing, or otherwise using the website and its associated services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms require strict compliance with applicable telemarketing and anti-spam laws, including without limitation the U.S. Telephone Consumer Protection Act (“TCPA”), Canada’s Anti-Spam Legislation (“CASL”), and analogous federal, state, provincial, territorial, and local laws and regulations. Without limiting the foregoing, the User is solely responsible for: (a) obtaining, maintaining, and documenting all required consents and authorizations; (b) maintaining and honoring internal do-not-call/do-not-contact lists and applicable national DNC registries; (c) providing, processing, and honoring opt-in and opt-out requests; (d) complying with time-of-day and time-zone restrictions; and (e) ensuring message content, sender identification, and delivery practices comply with Law. The User acknowledges that the Company does not automatically detect or synchronize consent status, opt-in/opt-out records, or DNC lists from the User’s systems or third-party integrations, and that the User remains solely responsible for the accuracy and timeliness of such records.
The Company offers this website, including all information, tools, and services available from this site to the User, conditioned upon the User’s acceptance of all terms, conditions, policies, and notices stated here.
These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Acceptance of Terms
By accessing or using the website and its associated services (the “Services”), the User acknowledges and agrees to be bound by these Terms. The Services are owned and operated by the Company. These Terms constitute a legally binding agreement between the User and the Company governing the use of the Services, including strict compliance with telemarketing and anti-spam laws and regulations. If the User does not agree to these Terms, the User must not access or use the Services. To the fullest extent permitted by law, these Terms and any related dispute are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein; the parties submit to the exclusive jurisdiction of the courts of the Province of Quebec, District of Montreal, except that any dispute alleging non-compliance with anti-spam laws that cannot be resolved amicably within 30 days shall be finally resolved by binding arbitration in the Province of Quebec in accordance with the Civil Code of Procedure of Quebec, before one arbitrator. Judgment on the award may be entered in any court having jurisdiction, and either party may seek provisional relief in aid of arbitration. EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
The Company reserves the right to modify, alter, or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting to the website or, where applicable, upon delivery of written notice by email to the address associated with the User’s account. By continuing to use the Services after such changes have been posted or notified, the User agrees to be bound by the revised Terms. The User is also responsible for maintaining their own DNC lists and providing removal mechanisms for recipients in compliance with these Terms. All notices, requests, consents, and other legally required communications (“Notices”) under these Terms shall be in writing and delivered by email: (i) to the Company at the contact address posted on the website; and (ii) to the User at the email address the User provided to the Company. Notices are deemed given when sent, provided they are not returned as undeliverable.
Access and Use of Services
The User is granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. This license is solely for the purpose of enabling the User to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by these Terms and solely for the User’s internal business purposes.
- Use Restrictions: The User shall not use the Services for any purposes beyond the scope of the access granted herein. The User shall not, directly or indirectly, nor permit anyone to: initiate campaigns, create content, or execute any activities that are not in compliance with applicable telemarketing and anti-spam laws and regulations, including without limitation the TCPA and CASL. All responsibility for the legality of these activities, including obtaining and documenting valid consents and honoring DNC/opt-out requests, lies with the User.
- Copy, modify, or create derivative works of the Service or any related documentation, in whole or in part;
- Rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service or any related documentation;
- Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service, in whole or in part;
- Remove any proprietary notices from the Service or any related documentation;
- Use the Service or any related documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
- Reservation of Rights: The Company reserves all rights not expressly granted to the User under these Terms. Except for the limited rights and licenses expressly granted hereunder, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to the User or any third party any intellectual property rights or other right, title, or interest in or to the Company’s intellectual property.
- Suspension of Services: Notwithstanding anything to the contrary in these Terms, the Service Provider may temporarily suspend the User’s access to any portion or all of the Service if:
- The Company reasonably determines that there is a threat or attack on the Service, the User’s use of the Service disrupts or poses a security risk to the Service or to any other user or vendor of the Company, the User is using the Service for fraudulent or illegal activities, the provision of the Service to the User is prohibited by applicable law, or the User fails to pay any amounts due, if any, when due under these Terms;
- Any vendor of the Service Provider has suspended or terminated the Service Provider’s access to or use of any third-party services or products required to enable the User to access the Service;
- The Service Provider is required to do so by law or regulation.
The Company shall use commercially reasonable efforts to notify the User of any such suspension and to resume providing access to the Service as soon as reasonably possible after the event giving rise to the suspension is cured. The Company will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the User may incur as a result of a suspension.
Description of Service
The “Service” provided under these Terms consists of access to and use of the Matador.IA website and its associated services, including artificial intelligence-powered features. The Service includes, but is not limited to, providing users with the ability to access information, tools, and functionality related to Matador.IA’s offerings. The User acknowledges that AI-powered features may produce hallucinations, errors, or unexpected results, and the User is solely responsible for validating and verifying any AI-generated content or recommendations before use. The specific features, tools, and content available through the Service may vary, and Matador.IA reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice to the User. Users agree that Matador.IA will not be liable for any modification, suspension, or discontinuance of the Service or any part thereof, or for any errors, inaccuracies, or unintended outputs from AI features. The Service may utilize third-party data and services and may include artificial intelligence and automation features that can produce unexpected, inaccurate, or inappropriate outputs; the User is solely responsible for reviewing and validating any such outputs before use. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. Matador.IA will not be responsible for delays, delivery failures, or other damage resulting from issues inherent in the use of the internet, communications networks, third-party services, or force majeure events (including acts of God, epidemics, war, terrorism, civil unrest, labor disturbances, or governmental actions). Users or recipients can report any violations, including telemarketing complaints or unsolicited calls, to Matador.IA. The User remains solely responsible for managing all data integrations, consent management systems, and do-not-call lists, regardless of whether such tools are provided through the Service.
Fees and Payment
In accordance with these Terms, the User agrees to pay all fees and charges incurred in connection with their use of the Service, without set-off or deduction. Such fees and charges must be paid promptly and in full. Failure to do so may result in Matador.IA, the Company, taking actions to enforce payment, including but not limited to, suspending or terminating the User’s access to the Service. All payments shall be made in the currency specified by the Company, and the User is responsible for any transaction fees or additional charges that may be imposed by their financial institution or payment processing service. Users are advised to consult an attorney or compliance resource for legal campaigns.
User Registration and Information
In order to access certain features of the Service, Users may be required to register and create an account. By registering, Users agree to provide accurate, current, and complete information as may be prompted by any registration forms on the Service (“Registration Information”). Users also agree to maintain and promptly update the Registration Information, and any other information provided to the Service Provider, to keep it accurate, current, and complete.
Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and they agree to accept responsibility for all activities that occur under their account or password. Should a User suspect that the security of their account has been compromised, they must immediately notify the Service Provider. The Service Provider reserves the right to suspend or terminate accounts, edit or remove content, or cancel orders in their sole discretion without prior notice.
Intellectual Property Rights
Under applicable intellectual property laws and treaties, all intellectual property rights in and to the Service, including but not limited to all software, text, images, graphics, video, audio, data compilations, interfaces, and code, as well as the selection and arrangement thereof (collectively, the “Service Intellectual Property”), are owned by or licensed to the Company. The User acknowledges that the Service Intellectual Property is protected by copyright, trademark, patent, and other intellectual property and proprietary rights laws, and agrees not to copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service without the express written permission of the Company. As between the parties, the User retains all right, title, and interest in and to content and data the User submits through the Service (“Customer Data”). The User grants the Company a non-exclusive, worldwide, royalty-free license to host, reproduce, display, and otherwise use Customer Data as necessary to provide and improve the Service. The Company may collect and use de-identified, aggregated statistical information derived from use of the Service, provided it does not identify the User or any individual.
Furthermore, the Service Provider retains all rights, title, and interest in and to any developments, updates, modifications, or enhancements made to the Service Intellectual Property, whether made independently or in collaboration with Users or third parties. The User is granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for internal business purposes, subject to compliance with the Terms. This license does not include any rights to use the Service Intellectual Property for commercial purposes, to distribute the Service Intellectual Property, to create derivative works based on the Service Intellectual Property, or to use the Service Intellectual Property for the benefit of any third party.
All trademarks, service marks, logos, and trade names that appear on or are connected with the Service are owned by the Service Provider or are used with permission and may not be used without prior written consent from the Service Provider. Unauthorized use of any of the Service Intellectual Property may violate copyright, trademark, and other laws and may result in severe civil and criminal penalties.
User Conduct and Obligations
In accordance with the Terms, the User (“You”) is responsible and liable for all uses of the Service, directly or indirectly, whether such use is permitted by or in violation of the Terms. This includes responsibility for reviewing, validating, and verifying all outputs generated by the Service’s AI features or resulting from automations, and ensuring that any AI-generated content or recommendations comply with applicable laws and regulations before implementation. You acknowledge that AI systems or automations may produce unexpected or inaccurate results, and You assume all risks associated with relying on AI-generated or automation outputs. You are also responsible and liable for the management of all consents and the management of opt-in and opt-outs of end-users, along with maintaining a do-not-call list and updating it. This responsibility extends to all acts and omissions of any individual who accesses the Service through You, and any act or omission by such an individual that would constitute a breach of the Terms if taken by You will be deemed a breach of the Terms by You. You shall use all reasonable efforts to make all individuals aware of the provisions of the Terms as applicable to their use of the Service and shall cause them to comply with such provisions. This includes compliance with all applicable federal, state, provincial, and local laws and regulations regarding spam and telecommunications, including those relating to advertising, marketing, and other forms of communication. You are solely responsible for managing consents, including but not limited to obtaining prior express written consent from individuals before sending text messages, making calls, or sending emails, maintaining records of such consents, and promptly removing individuals from Your contact list upon request or revocation of consent. You shall ensure that all communications sent via the Service are compliant with relevant laws and regulations, including but not limited to the Telephone Consumer Protection Act (“TCPA”), Canada’s Anti-Spam Legislation (“CASL”), and do not violate the rights of any third parties. For clarity, You shall maintain and manage Your own do-not-call (DNC) lists and opt-in and opt-out records, and You are solely responsible for ensuring compliance with all applicable consent management requirements, regardless of any integration or functionality provided by the Service. You acknowledge that the Service Provider does not automatically detect or sync changes made to Your internal systems or third-party integrations regarding opt-in/opt-out status or DNC lists. You are solely responsible for ensuring that any changes to consent status, opt-in/opt-out records, or DNC lists are properly updated both within Your systems and the Service, regardless of where such changes originate. The Service Provider shall not be liable for any failures, delays, or errors in updating such information or any resulting non-compliance with applicable laws.
You are further responsible for actively monitoring and managing access to the Service, ensuring that all use of the Service complies with the Terms. You shall promptly notify the Service Provider of any unauthorized access or use of the Service or any other breaches of security. You agree to provide reasonable assistance to the Service Provider in the investigation and remediation of any unauthorized access or use or other breaches of security. You are responsible for ensuring that all individuals are aware of and comply with these Terms, including any use restrictions and obligations related to the confidentiality and security of the Service, as well as obligations regarding consents, DNC lists, and opt-in/opt-out management. You shall take all reasonable steps to prevent any unauthorized access to, or use of, the Service and shall promptly report to the Service Provider any unauthorized access or use of which You become aware.
For clarity, You are solely responsible for managing consents, including but not limited to obtaining prior express written consent from individuals before sending text messages, making calls, or sending emails, maintaining records of such consents, and promptly removing individuals from Your contact list upon request or revocation of consent. You shall ensure that all communications sent via the Service are compliant with relevant laws and regulations, including but not limited to the Telephone Consumer Protection Act (“TCPA”), Canada’s Anti-Spam Legislation (“CASL”), and do not violate the rights of any third parties. You agree to comply with all applicable federal, state, provincial, and local laws and regulations regarding spam and telecommunications, including those relating to advertising, marketing, and other forms of communication. You shall obtain and maintain all necessary consents, approvals, and authorizations required under such laws and regulations to send texts, make calls, or send emails to end users, customers, or any third party in the course of using the Service.
Indemnification
The Service Provider shall indemnify, defend, and hold harmless the User from and against any and all losses, damages, liabilities, costs (including reasonable legal fees) (“Losses”) incurred by the User resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Service, or any use of the Service in accordance with these Terms, infringes or misappropriates such third party’s intellectual property rights, provided that the User promptly notifies the Service Provider in writing of the claim, cooperates with the Service Provider, and allows the Service Provider sole authority to control the defense and settlement of such claim.
If such a claim is made or appears possible, the User agrees to permit the Service Provider, at the Service Provider’s sole discretion, to (A) modify or replace the Service, or component or part thereof, to make it non-infringing, or (B) obtain the right for the User to continue use. If the Service Provider determines that neither alternative is reasonably available, the Service Provider may terminate these Terms, in its entirety or with respect to the affected component or part, effective immediately on written notice to the User.
This indemnification will not apply to the extent that the alleged infringement arises from: (A) use of the Service in combination with data, software, hardware, equipment, or technology not provided by the Service Provider or authorized by the Service Provider in writing; (B) modifications to the Service not made by the Service Provider; (C) Registration Information or any User-generated content; or (D) any output, recommendation, or decision generated by any artificial intelligence or automation components of the Service.
The User shall indemnify, hold harmless, and, at the Service Provider’s option, defend the Service Provider from and against any Losses resulting from any Third-Party Claim that any information or data, or any action by User provided to the Service Provider, infringes or misappropriates such third party’s intellectual property rights and any Third-Party Claims based on the User’s (i) negligence or wilful misconduct; (ii) use of the Service in a manner not authorized by these Terms; (iii) use of the Service in combination with data, software, hardware, equipment, or technology not provided by the Service Provider or authorized by the Service Provider in writing; (iv) modifications to the Service not made by the Service Provider; (v) use of the Service in violation of any applicable laws, including but not limited to applicable anti-spam laws such as CASL and TCPA, or the User’s failure to obtain the necessary consents and authorizations under such laws; or (vi) reliance on or implementation of any output, recommendation, or decision generated by any artificial intelligence or automation components of the Service. The User is solely responsible for ensuring compliance with telemarketing laws, including maintaining a Do Not Call (DNC) list, obtaining prior consent for messages, and ensuring messages are compliant with local laws and time zones. The User may not settle any Third-Party Claim against the Service Provider unless the Service Provider consents to such settlement, and further provided that the Service Provider will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defence thereof by counsel of its own choice.
This section sets forth the User’s sole remedies and the Service Provider’s sole liability and obligation for any actual, threatened, or alleged claims that the Service infringes, misappropriates, or otherwise violates any intellectual property rights of any third party. In no event will the Service Provider’s liability under this section exceed the amounts paid by the User to the Service Provider under these Terms.
Limitation of Liability
The Service Provider shall not be liable under or in connection with the Terms and/or the Services for any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for any:
- Consequential, incidental, indirect, exemplary, special, aggravated, or punitive damages;
- Increased costs, diminution in value, or lost business, production, revenues, or profits;
- Loss of goodwill or reputation;
- Use, inability to use, loss, interruption, delay, or recovery of any data, or breach of data or system security; or
- Cost of replacement goods or services, or damages arising from any inaccurate, incomplete, or erroneous output, recommendation, or decision generated by any artificial intelligence or automation components of the Service,
regardless of whether the Service Provider was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. In no event will the Service Provider’s aggregate liability arising out of or related to the Terms under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise exceed the total amounts paid to the Service Provider under the Terms in the 12 month period preceding the event giving rise to the claim.
Class Action Waiver: Each party hereby waives any right to assert the adjudication of any dispute, claim, or controversy, whether based on contract, tort, statutory, or any other legal theory, as a class action or other representative action, or to participate as a member of a class or as a private attorney general, or in any other representative capacity with respect to any such dispute, claim, or controversy.
Disclaimer of Warranties
THE SERVICE PROVIDER DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE SERVICE UNLESS SPECIFICALLY IDENTIFIED IN THESE TERMS. IF ANY, THE REMEDIES SET FORTH IN THESE TERMS ARE THE USER’S SOLE REMEDIES AND THE SERVICE PROVIDER’S SOLE LIABILITY UNDER ANY LIMITED WARRANTY EXPRESSLY SET FORTH IN THESE TERMS.
EXCEPT FOR ANY LIMITED WARRANTY SPECIFICALLY SET FORTH, THE SERVICE, INCLUDING ALL AI-POWERED FEATURES, AND SERVICE INTELLECTUAL PROPERTY ARE PROVIDED “AS IS” AND THE SERVICE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE SERVICE PROVIDER SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR APPROPRIATENESS OF AI-GENERATED CONTENT OR RECOMMENDATIONS, AND THE USER ACKNOWLEDGES THAT AI SYSTEMS MAY PRODUCE HALLUCINATIONS, ERRORS, OR UNEXPECTED RESULTS. THE SERVICE PROVIDER FURTHER DISCLAIMS ANY WARRANTY REGARDING THE CONSENTS GATHERED BY USER AND OPT-IN AND OPT-OUT MANAGEMENT. THE SERVICE PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR ANY LIMITED WARRANTY SPECIFICALLY SET FORTH, THE SERVICE PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, SERVICE INTELLECTUAL PROPERTY, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET THE USER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. The Service Provider may utilize third-party data and services, including artificial intelligence (“AI”) technologies and automations, in connection with the provision of the Service. The Service Provider makes no representations or warranties regarding the performance, reliability, availability, or accuracy of any third-party data or services, including AI technologies, and disclaims any responsibility for delays, delivery failures, unexpected, inaccurate, or inappropriate outputs (“AI Hallucinations”), or other damage or loss resulting from such third-party data, services, or AI/automation components. The User is solely responsible for reviewing, validating, and determining the appropriateness of any AI-generated or automation-related content or recommendations before use.
THE SERVICE PROVIDER MAY UTILIZE THIRD-PARTY DATA AND SERVICES, INCLUDING ARTIFICIAL INTELLIGENCE TECHNOLOGIES AND AUTOMATIONS, IN CONNECTION WITH THE PROVISION OF THE SERVICE TO THE USER. WHILE THE SERVICE PROVIDER ENDEAVORS TO SELECT REPUTABLE THIRD-PARTY PROVIDERS, THE SERVICE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PERFORMANCE, RELIABILITY, AVAILABILITY, OR ACCURACY OF ANY THIRD-PARTY DATA OR SERVICES OR ANY OUTPUT GENERATED THEREFROM. THE USER ACKNOWLEDGES THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, ERRORS, OR OTHER PROBLEMS INHERENT IN THE USE OF SUCH THIRD-PARTY DATA AND SERVICES AND IN COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET. THE SERVICE PROVIDER DOES NOT CONTROL THE TRANSFER OF DATA OVER SUCH FACILITIES AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, ERRONEOUS, INACCURATE, OR INAPPROPRIATE OUTPUTS, OR OTHER DAMAGE OR LOSS RESULTING FROM SUCH PROBLEMS.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICE PROVIDER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY THIRD-PARTY DATA OR SERVICES, ARTIFICIAL INTELLIGENCE TECHNOLOGIES, OR AUTOMATIONS, INCLUDING ANY WARRANTY THAT THIRD-PARTY DATA, SERVICES, OR OUTPUTS WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, ACCURATE, OR THAT SUCH THIRD-PARTY DATA OR SERVICES WILL MEET THE USER’S REQUIREMENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE PROVIDER HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE USER’S USE OF ANY THIRD-PARTY DATA OR SERVICES IS AT ITS OWN RISK, AND THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS RESULTING THEREFROM.
Termination
This Termination clause applies to the use of the Service under the Terms set forth by the Service Provider, and governs the conditions under which the Service may be terminated.
- The Company may suspend or terminate your access to the Service, in whole or in part, at any time if: (A) you breach these Terms, including obligations relating to Confidential Information and Privacy; (B) you engage in any use that violates applicable telemarketing, anti-spam, or communications laws or regulations (including, without limitation, the TCPA and CASL), such as failure to maintain and honor do-not-call lists, opt-ins/opt-outs, or sending unsolicited messages without required prior consent; (C) your use poses a security risk, is fraudulent or illegal, or could adversely impact the Service Provider or other users; or (D) you become insolvent, make an assignment for the benefit of creditors, or become subject to any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding. Except where immediate action is warranted by illegal activity, security risk, or non-compliance with anti-spam/telemarketing laws, the Service Provider will provide written notice of a curable breach and a thirty (30) day period to cure before termination becomes effective.
- Upon termination, you must immediately cease all use of the Service and destroy all copies, full or partial, of the Service Intellectual Property and any Confidential Information in your possession or control, and, upon request, certify such destruction. Any termination of the Service under these Terms will not affect the Service Provider’s rights or your obligations accrued before the termination.
- In the event of termination, Sections relating to Intellectual Property, User Content, Indemnification, Warranty Disclaimers, Limitation of Liability, Confidential Information, Governing Law and Dispute Resolution (including arbitration for anti-spam law disputes), and Miscellaneous will survive and continue in effect.
Cancellation Communication. Any and all communications pertaining to the cancellation of these Terms by the User must be sent exclusively via email to cancel@matador.ai. Such emails must include the User’s account information, the effective date of requested cancellation, and a clear statement of the User’s intent to cancel these Terms. The Service Provider will acknowledge receipt of the cancellation request within 48 hours of receiving the email. Only communications sent to this email address will be considered valid for the purposes of cancelling these Terms.
Confidential Information and Privacy
Confidential Information shall mean any information disclosed by either party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects, relating to a party’s business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, or other sensitive or proprietary information, whether or not marked, designated, or otherwise identified as “Confidential,” “Proprietary,” or a similar designation. Information communicated orally shall be considered confidential if such information is confirmed in writing as confidential within a reasonable time after the initial disclosure. Confidential Information may also include information disclosed to a disclosing party by third parties.
- is or becomes publicly known through no act or omission of the receiving party;
- was in the receiving party’s lawful possession prior to the disclosure;
- is rightfully disclosed to the receiving party by a third party on a non-confidential basis without restriction on disclosure;
- is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information;
- is required to be disclosed by law, regulation, or the order of a court or governmental body, provided that the receiving party (to the extent legally permitted) gives the disclosing party prior written notice of such disclosure and reasonably cooperates in seeking a protective order or other appropriate remedy.
The parties agree to use the Confidential Information only for the purposes of performing under the Terms and to protect the confidentiality of the Confidential Information with the same degree of care as each party uses to protect its own confidential information, but in no case less than reasonable care. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to its employees, contractors, and advisors who have a need to know such information for purposes of these Terms and who are bound by confidentiality obligations no less protective than those herein. Upon termination or expiration of these Terms, the receiving party shall promptly return or destroy all copies of the disclosing party’s Confidential Information and, upon request, certify such destruction. Each party’s confidentiality obligations take effect as of the initial disclosure and continue for three (3) years thereafter; provided, however, that with respect to any Confidential Information constituting a trade secret under applicable law, such obligations survive for so long as the information remains a trade secret.
Privacy: The Service Provider is committed to protecting the privacy and security of the Registration Information and any other personal information collected from You. All such information will be collected, used, and held in accordance with the applicable laws and regulations governing privacy and data protection. The Service Provider will not disclose such information to third parties except as required by law or as necessary for the provision of the Service.
Modification of Terms
The Company reserves the right to update, modify, or otherwise alter these Terms at any time at its sole discretion. Such modifications shall become effective immediately upon the posting thereof. It is the User’s responsibility to review these Terms regularly to ensure familiarity with the most current version. By continuing to use the Service after any such changes, the User acknowledges and agrees to the modified Terms.
Third-Party Links
These Terms govern the use of third-party links within the Service provided by the Service Provider. The Service may contain links to third-party websites or services that are not owned or controlled by the Service Provider. The Service Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Service Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. Any legal suit, action, litigation, or proceeding of any kind whatsoever in any way arising out of, from, or relating to these Terms or the Service shall be instituted in the courts of the Province of Quebec, District of Montreal, and each party irrevocably submits to the exclusive jurisdiction of such courts. In the event of a dispute arising out of or relating to alleged non-compliance with anti-spam or telemarketing laws (including the TCPA and CASL), the parties shall first work in good faith to resolve the dispute amicably. If not resolved within thirty (30) days, such dispute shall be resolved by binding arbitration in the Province of Quebec in accordance with the Civil Code of Procedure of Quebec, before one arbitrator. Judgment on the award may be entered in any court having jurisdiction. This clause does not preclude either party from seeking provisional remedies or injunctive or other equitable relief in aid of arbitration from a court of appropriate jurisdiction, including to protect intellectual property or Confidential Information.
Miscellaneous
This Miscellaneous section shall serve to address various provisions that are not specifically covered in other sections of the Terms. The provisions include, but are not limited to, the following:
- Severability: If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms; such determination shall not affect the validity and enforceability of any other remaining provisions.
- Waiver: The failure of the Service Provider to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Amendment: The Company reserves the right to amend these Terms at any time and without notice. By continuing to access or use the Service after any amendments become effective, You agree to be bound by the revised Terms.
- Assignment: The Service Provider may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any of your rights or obligations under these Terms, in whole or in part, whether voluntarily, involuntarily, by operation of law, or otherwise, without the express prior written consent of the Service Provider. Any purported assignment, transfer, or delegation in violation of this provision is null and void. No assignment, transfer, or delegation relieves the assigning or delegating party of any of its obligations hereunder. These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
Headings: The headings and subheadings herein are included for convenience only and shall not limit or otherwise affect the Terms.
Updated: August 18, 2025