Terms of Service
Last Updated: 15 April, 2025
IMPORTANT: BY USING FASTTRACKR AI'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.
GAI VENTURES INC. ("GAI VENTURES", "FASTTRACKR AI", "WE", "US" OR "OUR") IS WILLING TO PROVIDE CERTAIN SOFTWARE AND SERVICES TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY (REFERENCED BELOW AS "YOU" OR "YOUR" OR "CUSTOMER") THAT ENTERS INTO A WRITTEN OR ONLINE ORDER, WRITTEN OR ONLINE REGISTRATION FORM OR SIMILAR DOCUMENT WITH FASTTRACKR AI THAT REFERENCES THESE TERMS AND CONDITIONS ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THESE TERMS AND CONDITIONS ("AGREEMENT"). READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING ANY SOFTWARE OR SERVICES FROM FASTTRACKR AI. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND FASTTRACKR AI. BY ENTERING INTO A WRITTEN OR ONLINE ORDER, WRITTEN OR ONLINE REGISTRATION FORM OR SIMILAR DOCUMENT WITH WRITTEN OR ONLINE REGISTRATION FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
FOR THE SAKE OF CLARITY, IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF (AND FOR USE ON BEHALF OF) A COMPANY OR OTHER ENTITY (A "CORPORATE ENTITY"), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH CORPORATE ENTITY TO THE TERMS OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT THE TERM "YOU" OR "CUSTOMER" REFERENCED BELOW REFERS TO SUCH CORPORATE ENTITY.
1. DEFINITIONS
1.1 Affiliates means any company, partnership or other entity now existing or hereafter organized that directly or indirectly controls, is controlled by or under common control with a Party. For purposes of this definition "control" means the direct possession of a majority of the outstanding voting shares of an entity.
1.2 AI or "Artificial Intelligence" means any system, platform or tool that is designed to operate with a level of autonomy (i.e., without express programming), taking inputs and using algorithmic, mathematical or modeling techniques (such as machine learning) to generate output.
1.3 AI Output means the Meeting Notes, Tasks, Insights, CRM Updates, and other outputs generated by the Platform on behalf of Customer.
1.4 Confidential Information has the meaning given to it in Section 4.1.
1.5 Customer Data means all data and content made available by the Customer or its Users to FastTrackr AI or otherwise provided by the Customer or its Users in connection with the provision of the Services or otherwise uploaded by or on behalf of Customer or its Users into the Platform, including Customer Data obtained via the Connected Applications.
1.6 Documentation means the documentation for the Platform generally made available by FastTrackr AI to its customers that describe the features, functionality, or operation of the Platform.
1.7 Effective Date is the date that the first Order Form is entered into between the Parties referencing this Agreement.
1.8 Meeting Notes means a summary of a meeting produced by the Platform.
1.9 Order Form means each FastTrackr AI ordering document or electronic subscription selection process completed on FastTrackr AI's website when a user selects a subscription plan, which references this Agreement, identifies the specific Services provided to the Customer by FastTrackr AI, sets out the prices for the Services and contains any other applicable terms and conditions.
1.10 Authentication means the process by which users log in to the Platform, which will be accomplished primarily through Gmail and Outlook authentication systems.
1.11 Connected Applications means third-party applications, products, platforms and services that connect to or that interoperate with the Platform and that Customer has separately subscribed to or contracted for, including but not limited to Zoom, Microsoft Teams, Google Meet, Gmail, Outlook, and various CRM systems.
1.12 Services means the Platform and any technical support services described in this Agreement.
1.13 Platform means FastTrackr AI's proprietary AI-powered software-as-a-service (SaaS) platform for financial advisors as described on our website and applicable Order Form, including AI-powered meeting support, task management, insight generation, and CRM automation.
1.14 Users means any employee of the Customer or its Affiliates and/or independent contractor of the Customer or its Affiliates that have been provided with permission by FastTrackr AI and/or the Customer to use the Platform.
2. SERVICES
2.1 Services. FastTrackr AI shall provide the Customer with the specific Services specified on an Order Form. Any conflict between the terms and conditions set forth in this Agreement and any Order Form shall be resolved in favor of this Agreement unless an Order Form makes specific reference to the section of this Agreement that is to be amended in the Order Form. Any exceptions expressly agreed upon in writing by the Parties pursuant to a particular Order Form will apply only for purposes of that Order Form, and will not be deemed to in any way amend, modify, cancel, or waive the provisions of this Agreement for any other Order Form. Customer agrees that purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written comments made by FastTrackr AI regarding future functionality or features. By entering into a written or online order, written or online registration form or similar document with FastTrackr AI that references these terms and conditions, or by signing in with your Google Workspace or Microsoft Workspace account, you agree to be bound by the terms and conditions of this agreement.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.2 License Grant. Subject to the terms and conditions of this Agreement, and in consideration for the payment of fees set out on the applicable Order Form, FastTrackr AI hereby grants to the Customer, solely during the term of the applicable Order Form, a non-exclusive, non-transferable license to access and use the Platform solely for the Customer's internal business purposes. This license is restricted to use by the Customer and its authorized Users and does not include the right to use the Platform on behalf of any third party. The Customer agrees: (a) that only Users are permitted to use the Platform; (b) that it is responsible for Users' actions or failures to act in connection with activities contemplated under this Agreement and (c) to otherwise take all commercially reasonable steps to protect the Platform from unauthorized use and/or access.
2.3 Fair Usage Policy. The Customer acknowledges and agrees that use of the Platform is subject to FastTrackr AI's fair usage policy. FastTrackr AI reserves the right to monitor Customer's usage of the Platform and, in the event that Customer's usage significantly exceeds the average usage of other FastTrackr AI customers, FastTrackr AI reserves the right to (a) contact Customer to discuss its usage and potential adjustments to Customer's subscription, or (b) require Customer to subscribe to an appropriate tier of service. FastTrackr AI will use reasonable efforts to notify Customer if its usage is approaching or has exceeded FastTrackr AI's fair usage thresholds.
2.4 Use by Affiliates. The Customer may make the Platform available to its Affiliates provided that all licensing restrictions are complied with in each instance by each such Affiliate and that the Customer shall be liable for any breach of the terms and conditions of this Agreement by any of its Affiliates.
2.5 Connected Applications. In order to use certain features of the Platform, Customer will be required to link or otherwise connect its Connected Applications to the Platform and Customer will be required to maintain its own subscription for use of such Connected Applications that it has elected to use with the Platform. By linking or connecting any Connected Applications to the Platform, Customer represents and warrants that it is entitled to allow the Platform to connect to and access such Connected Applications and that FastTrackr AI may access Customer Data via such Connected Applications in order to provide the Platform services. FastTrackr AI shall not be responsible for any issues caused with the Platform directly by such Connected Applications.
2.6 Beta Services. Subject to the terms and conditions of this Agreement and the applicable Order Form, FastTrackr AI may make the Platform available with some restrictions for a limited time period of up to thirty (30) days for internal evaluation purposes only ("Beta Services"). All of the terms and conditions of this Agreement shall be applicable to the Beta Services except that Sections 5.2 and 9.1 shall not be applicable. Unless Customer terminates its use of the Platform prior to the expiration of the Beta Services period, Customer's subscription for the Platform shall automatically continue in effect for either a monthly subscription or an annual subscription (depending on what Customer selected during sign up or in the Order Form, if applicable) for the fees described on the FastTrackr AI website or in the Order Form.
3. FEES; PAYMENT TERMS
3.1 Fees. Customer shall pay all fees specified in all Order Forms hereunder. Except as otherwise specified herein or in an Order Form, (i) fees are quoted and payable in US dollars (ii) fees are based on services purchased (even if Customer's actual usage is less than the purchased services), (iii) payment obligations are non-cancelable and fees paid are non-refundable. Subscription fees are based on either monthly or annual periods that begin on the subscription start date and each monthly or annual anniversary thereof, as applicable. Customer will be charged at the beginning of the subscription period for the entire period (monthly or annually, as selected). Customer will provide FastTrackr AI with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to FastTrackr AI. If Customer provides credit card information to FastTrackr AI, Customer authorizes FastTrackr AI to charge such credit card for all Services listed in the Order Form for the term of the Order Form and any renewal thereof. If the Order Form specifies that payment will be by a method other than a credit card, FastTrackr AI will invoice Customer in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, fees are due net 30 days from the invoice date. Customer is responsible for providing complete and accurate billing information to FastTrackr AI and notifying it of any changes to such information.
3.2 Late Fees. If any charges are not received from Customer by the due date and are not subject to a good faith dispute pursuant to Section 3.4, then at FastTrackr AI's discretion such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.
3.3 Taxes. Unless otherwise stated, fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). Customer is responsible for paying all Taxes associated with its purchases hereunder. If FastTrackr AI has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section 3.3, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides FastTrackr AI with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, FastTrackr AI is solely responsible for taxes assessable against FastTrackr AI based on its income, property and employees.
3.4 Disputed Charges. If the Customer disputes any charge or amount on any invoice and such dispute cannot be resolved promptly through good faith discussions between the Parties, the Customer shall pay the amounts due under this Agreement less the disputed amount, and the Parties shall proceed in good faith to promptly resolve such disputed amounts. An amount will be considered disputed in good faith if (i) the Customer delivers a written statement to FastTrackr AI on or before the due date of the payment, describing in detail the basis of the dispute and the amount being withheld by the Customer, and (ii) all other amounts due from the Customer that are not in dispute have been paid as and when required under this Agreement.
4. CONFIDENTIALITY
4.1 Confidential Information. During the term of this Agreement, each Party will regard any information provided to it by the other Party and designated in writing as proprietary or confidential to be confidential ("Confidential Information"). Confidential Information shall also include information which, to a reasonable person familiar with the disclosing Party's business and the industry in which it operates, is of a confidential or proprietary nature. The Customer Data and AI Output shall be deemed Customer's Confidential Information. The receiving Party shall hold in confidence, and shall not disclose (or permit or suffer its personnel to disclose) any Confidential Information to any person or entity except to a director, officer, employee, outside consultant, or advisor (collectively "Representatives") who have a need to know such Confidential Information in the course of the performance of their duties for the receiving Party and who are bound by a duty of confidentiality no less protective of the disclosing Party's Confidential Information than this Agreement. The receiving Party and its Representatives shall use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such Confidential Information for its own benefit or the benefit of another without the prior written consent of the disclosing Party. Each Party accepts responsibility for the actions of its Representatives and shall protect the other Party's Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall less than reasonable care be used. The Parties expressly agree that the terms and pricing of this Agreement are Confidential Information and the Customer further agrees that neither it or any of its Users shall publicly post any analysis or reviews of the Services without FastTrackr AI's prior written approval. A receiving Party shall promptly notify the disclosing Party upon becoming aware of a breach or threatened breach hereunder and shall cooperate with any reasonable request of the disclosing Party in enforcing its rights.
4.2 Exclusions. Information will not be deemed Confidential Information hereunder if such information: (i) is known prior to receipt from the disclosing Party, without any obligation of confidentiality; (ii) becomes known to the receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing Party; (iii) becomes publicly known or otherwise publicly available, except through a breach of this Agreement by the receiving Party; or (iv) is independently developed by the receiving Party without use of the disclosing Party's Confidential Information. The receiving Party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that it gives the disclosing Party reasonable prior written notice to permit the disclosing Party to contest such disclosure, and such disclosure is otherwise limited to the required disclosure.
4.3 Injunctive Relief. Notwithstanding any other provision of this Agreement, both Parties acknowledge that any use of the disclosing Party's Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the disclosing Party irreparable and immediate damage for which remedies other than injunctive relief may be inadequate. Therefore, both Parties agree that, in addition to any other remedy to which the disclosing Party may be entitled hereunder, at law or equity, the disclosing Party shall be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to restrain such use in addition to other appropriate remedies available under applicable law.
5. WARRANTIES
5.1 Availability. FastTrackr AI will undertake commercially reasonable efforts to make the Platform available twenty-four (24) hours a day, seven (7) days a week. While FastTrackr AI does not commit to specific Service Level Agreement (SLA) metrics, we strive to maintain high availability of our services. Notwithstanding the foregoing, FastTrackr AI reserves the right to suspend Customer's access to the Platform: (i) for scheduled or emergency maintenance (Customer will be provided notice via the Platform of any scheduled maintenance at least 48 hours' in advance), (ii) in the event Customer is in breach of this Agreement, including failure to pay any amounts due to FastTrackr AI (beyond any applicable notice and cure period), (iii) if Customer's use of the Platform results in (or is reasonably likely to result in) damage to or material degradation of the Platform that could interfere with FastTrackr AI's ability to provide access to the Platform to other customers, or (iv) due to Force Majeure Events.
5.2 Platform Warranty. FastTrackr AI warrants that during the term of any Order Form for the Platform, the Platform will conform, in all material respects, with the descriptions and specifications set forth in the Order Form and Documentation. FastTrackr AI does not warrant that it will be able to correct all reported defects or that use of the Platform will be uninterrupted or error free. FastTrackr AI makes no warranty regarding features or services provided by third parties (including providers of Connected Applications). For any breach of the above warranty, FastTrackr AI will, at no additional cost to the Customer, provide remedial services necessary to enable the Platform to conform to the warranty. The Customer will provide FastTrackr AI with a reasonable opportunity to remedy any breach and reasonable assistance in remedying any defects. Such warranty shall only apply if the Platform has been utilized by the Customer and its Users in accordance with the Order Form and this Agreement.
5.3 Authentication and Account Security. FastTrackr AI will provide secure authentication methods primarily through Google Workspace and Microsoft Workspace integration, including Gmail and Outlook. Customer is responsible for maintaining the confidentiality of their authentication credentials and for any activity that occurs under their account. Customer agrees to notify FastTrackr AI immediately of any unauthorized use of their account or any other breach of security.
5.4 Data Security. FastTrackr AI agrees to use appropriate safeguards to prevent use or disclosure of the Customer Data and AI Output other than as provided for by this Agreement. FastTrackr AI agrees to implement industry standard physical safeguards, technical safeguards (including AES 256 encryption), and policy, procedure and documentation requirements that reasonably and appropriately protect the confidentiality, integrity and availability of the Customer Data and AI Output. While FastTrackr AI is not subject to GDPR or the California Consumer Privacy Act (CCPA) based on our current size and operational scope, we strive to implement reasonable data protection practices. Customer acknowledges that it bears the responsibility for ensuring compliance with all applicable data protection laws and regulations in the jurisdictions where it operates. We are happy to respond to any data protection and privacy questions from Customer, but compliance responsibility ultimately remains with the Customer.
5.5 No Other Warranty. FastTrackr AI does not represent that the platform or services will be error-free or that the platform or services will meet customer's requirements or that all errors in the platform or services will be corrected or that the overall system that makes the platform available (including but not limited to the internet, other transmission networks, and customer's local network and equipment) will be free of viruses or other harmful components. The warranties stated in section 5 above are the sole and exclusive warranties offered by FastTrackr AI. There are no other warranties or conditions, express or implied, including without limitation, those of merchantability, or fitness for a particular purpose. Customer assumes all responsibility for determining whether the platform and services are accurate or sufficient for customer's purposes.
5.6 AI Output Warranty Disclaimer. Customer acknowledges that the platform utilizes an artificial intelligence to generate the AI output and that such AI output may contain errors or inconsistencies or fail to capture and produce material information. Customer further acknowledges that while the use of AI is designed to enhance customer's experience, use of AI is not entirely accurate. Accordingly, FastTrackr AI makes no warranties or guarantees regarding the AI output including, without limitation with respect to the accuracy of the AI output. Customer shall be solely responsible for reviewing the AI output to ensure that such AI output is accurate, contains all applicable terms and conditions and is suitable for its use and FastTrackr AI disclaims any liability for damages or losses resulting from the use or reliance on the AI output.
5.7 Financial Advice Disclaimer. The platform and AI output are not intended to provide financial, investment, legal, tax or other professional advice. FastTrackr AI expressly disclaims all liability for any actions taken or decisions made based on the AI output or any information provided through the platform. Customer acknowledges that it is solely responsible for independently verifying all information and AI output before using it to make financial decisions or provide advice to clients. Customer agrees to indemnify and hold harmless FastTrackr AI from any claims arising from reliance on the platform or AI output for financial advice or decision-making. The customer acknowledges that the services are provided as tools to assist financial advisors but do not replace professional judgment, fiduciary responsibilities, or compliance with applicable regulations.
5.8 Regulatory Compliance Disclaimer. FastTrackr AI does not warrant that the platform complies with any specific industry regulations, including but not limited to securities regulations (SEC, FINRA), consumer financial protection regulations, or other laws applicable to financial advisors. Customer is solely responsible for ensuring their use of the platform complies with all laws, regulations, and professional standards applicable to their business.
6. LIMITATION OF LIABILITY
6.1 Limitation. Neither Party will be liable to the other or any third party for loss of profits or for any special, indirect, incidental, consequential or exemplary damages (including without limitation, damages for loss of business profits, loss of goodwill, business interruption, loss of business information and/or data) in connection with the performance of the Services, or the performance of any other obligations under this Agreement, even if it is aware of the possibility of the occurrence of such damages. To the fullest extent permitted by applicable law, neither Party's aggregate, cumulative liability arising out of or related to this Agreement, whether in contract, tort or under any other theory of liability, will exceed the total amount paid by Customer hereunder during the twelve (12) month period immediately preceding the event giving rise to the claim. The foregoing shall not limit Customer's payment obligations under section 3 or any violation or misappropriation by Customer of any of FastTrackr AI's intellectual property rights. The provisions of this Agreement allocate risks between the Parties. The pricing set forth in each Order Form reflects this allocation of risk and the limitation of liability specified herein.
7. TERM AND UPDATES TO TERMS
7.1 Term. This Agreement will commence on the Effective Date and will continue in effect until otherwise terminated in accordance with Section 7.2 below. The initial term of each Order Form for the Platform shall be set out on the Order Form and may be monthly or annual. Each Order Form shall automatically renew for additional periods of one (1) month or one (1) year (depending on the initial term selected) unless either Party notifies the other party at least fifteen (15) days prior to the then-current renewal date that it has elected not to renew the Order Form.
7.1.1 Updates to Terms. FastTrackr AI reserves the right to modify this Agreement at any time. Any modifications to this Agreement will be effective upon posting the updated Agreement on FastTrackr AI's website or by notifying Customer via email. Customer's continued use of the Services following the posting of any modifications to this Agreement constitutes acceptance of those modifications. If Customer does not agree with the modified terms, Customer's sole remedy is to terminate this Agreement and discontinue using the Services.
7.2 Termination. Notwithstanding the foregoing, either Party may terminate this Agreement or any Order Form (i) immediately in the event of a material breach of this Agreement or any such Order Form by the other Party that is not cured within thirty (30) days of written notice from the other Party, or (ii) immediately if the other Party ceases doing business or is the subject of a voluntary or involuntary bankruptcy, insolvency or similar proceeding, that is not dismissed within sixty (60) days of filing. Termination of an Order Form shall not be deemed a termination of this Agreement. Termination of this Agreement shall, however, terminate all outstanding Order Forms. This Agreement shall automatically terminate, if there are no outstanding Order Forms then currently in effect for a period of six (6) consecutive months. All rights and obligations of the Parties which by their nature are reasonably intended to survive such termination or expiration will survive termination or expiration of this Agreement and each Order Form.
7.3 Effect of Termination. Upon any termination or expiration of this Agreement or any applicable Order Form, FastTrackr AI shall no longer provide the applicable Services to the Customer and the Customer shall promptly cease and cause its Users to promptly cease using the Services. The Customer shall pay FastTrackr AI for all fees that had accrued prior to the termination date. Upon any termination by Customer pursuant to Section 7.2 due to FastTrackr AI's breach, FastTrackr AI shall refund to Customer any prepaid unused fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination by FastTrackr AI pursuant to Section 7.2, Customer shall pay any unpaid but committed fees covering the remainder of the term of all Order Forms after the effective date of termination. Except as expressly provided herein, termination of this Agreement by either party will be a nonexclusive remedy for breach and will be without prejudice to any other right or remedy of such party. Upon termination of this Agreement, each party shall promptly return or destroy all Confidential Information of the other party in its possession provided that the AI Output will be retained and made available to Customer in accordance with Section 8.8.
8. OWNERSHIP; ADDITIONAL OBLIGATIONS
8.1 Platform and Intellectual Property. The Customer acknowledges and agrees that as between FastTrackr AI and the Customer, all right, title and interest in and to the Documentation, the Platform (including but not limited to any Customer Data and AI Outputs, to the extent permitted by law), and including all modifications and configurations, all FastTrackr AI provided materials and all of FastTrackr AI's proprietary technology, including, without limitation, all software, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information made available to the Customer by FastTrackr AI in providing the Platform and all derivatives thereof are and shall remain FastTrackr AI's or its licensors'. Customer agrees not to make any false representations about FastTrackr AI, and must clearly communicate that any Customer-created marketing materials referring to FastTrackr AI are not endorsed by or affiliated with FastTrackr AI unless explicitly authorized in writing. Customer shall not use FastTrackr AI's name, logo, or trademarks for any marketing or promotional purposes without FastTrackr AI's prior written consent. FastTrackr AI shall have the right to collect, use and distribute aggregated information, analysis, statistics and other data generated by the Platform (or derived from the Customer's use of the Platform) provided, however, that FastTrackr AI shall not disclose any such data unless such data is in an aggregated, anonymized form that would not permit a third party to identify the data as associated with the Customer or any of its Users.
8.2 AI Models. FastTrackr AI may use the Customer Data and AI Output to train and refine its own AI models used to provide the Platform in order to enhance the Platform. FastTrackr AI utilizes third-party LLM/AI models to process Customer Data and generate AI Output. The use of these third-party models is subject to those providers' terms and conditions. Customer acknowledges and agrees that FastTrackr AI processes information on behalf of Customer, and the responsibility for the lawful processing of such information, including obtaining necessary consents from clients and meeting regulatory obligations, falls solely upon Customer. All AI models generated or utilized by FastTrackr AI shall be owned by FastTrackr AI or its respective third-party providers.
8.3 Customer Data. The Customer retains ownership of all right, title and interest in and to all Customer Data. During the term of this Agreement, the Customer hereby grants to FastTrackr AI a limited, worldwide, non-exclusive, non-transferable, royalty-free right to use, copy, display, transmit, and distribute the Customer Data solely as necessary to provide the Platform to the Customer.
8.4 Customer Obligations. The Customer is responsible for all activities conducted under its User logins and for its Users' use of the Platform and compliance with this Agreement. Customer is also obligated to ensure that it obtains any consent or authorization from the other party or parties participating in a Meeting if and as required by applicable laws or regulations. Customer must be at least 13 years of age to use the Platform. Unauthorized use, resale or commercial exploitation of the Platform in any way is expressly prohibited. Without FastTrackr AI's express prior written consent in each instance, the Customer and its Users shall not (and shall not allow any third party to): reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the Platform or access the Platform in order to build a competitive product or service or copy any ideas, features, functions or graphics of the Platform. Except as expressly permitted in this Agreement, the Customer shall not use the Platform on behalf of any third-party or allow any third party to use the Platform. In addition to FastTrackr AI's other remedies hereunder, FastTrackr AI reserves the right upon notice to the Customer to terminate any User's right to access the Platform if such User has violated any of the restrictions contained in this Agreement. Neither the Customer nor its Users shall use the Platform to: (a) send, upload or otherwise transmit any Customer Data that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) upload or otherwise transmit, display or distribute any Customer Data that infringes any trademark, trade secret, copyright or other proprietary or intellectual property rights of any person; (c) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) interfere with or disrupt the Platform or networks connected to the Platform; or (e) violate any applicable law or regulation.
Meeting Participant Consent. Customer acknowledges and agrees that when using the Platform, FastTrackr AI's automated systems may join meetings alongside Customer to provide the Services. Customer is solely responsible for obtaining all necessary consents and permissions from all meeting participants, including clients and prospects, regarding: (i) the presence of FastTrackr AI's automated systems in meetings, (ii) the recording of meetings, (iii) the processing of meeting information, and (iv) the generation of AI Output based on meeting content. Customer represents and warrants that it has obtained all such consents prior to using the Platform for any meeting and will maintain documentation of such consents. FastTrackr AI provides no guarantees regarding the legal sufficiency of any consent procedures and Customer is solely responsible for ensuring compliance with all applicable privacy laws, financial regulations, and professional standards when using the Platform.
8.5 AI Output. Excluding FastTrackr AI IP, Customer will own all right, title and interest in and to all AI Output generated via the Platform. FastTrackr AI IP means the "look and feel" of any written Meeting Notes, Tasks, Insights, and CRM updates.
8.6 Intellectual Property Rights. All intellectual property rights in and to the Platform shall remain with FastTrackr AI or its licensors. Nothing in this Agreement shall be construed to transfer any rights, title or interest in the Platform to Customer except for the limited license rights expressly granted in Section 2.2. Customer shall not remove, alter or obscure any proprietary notices (including copyright notices) of FastTrackr AI or its licensors on any copy of the Platform or documentation.
8.7 Suggestions. FastTrackr AI shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer including its Users, relating to the Services. FastTrackr AI shall not be required to provide any credit or attribution to Customer or pay Customer anything for such license. FastTrackr AI acknowledges and agrees that all suggestions, enhancement requests, recommendations or other feedback provided by Customer is provided "AS IS" without any warranty.
8.8 Data Retention, Backup and Deletion. Customer acknowledges FastTrackr AI stores the AI Output as follows. FastTrackr AI will retain Customer Data and AI Output indefinitely until Customer specifically requests deletion by contacting FastTrackr AI at advisor@fasttrackr.ai with their deletion request:
AI Output
Retention
Backup
Meeting Notes
Retained indefinitely unless
Customer requests deletion.
After termination of services,
customers may request access
to Meeting Notes for up to 30 days.
Meeting Notes are backed up by FastTrackr AI
Tasks
Retained indefinitely unless
Customer requests deletion.
After termination of services,
customers may request access to
Tasks for up to 30 days.
Tasks are backed up by FastTrackr AI
Insights and Summaries
Retained indefinitely unless
Customer requests deletion.
After termination of services, customers
may request access to Insights for up to 30 days.
Insights are backed up by FastTrackr AI
CRM Updates
Retained indefinitely unless
Customer requests deletion.
After termination of services,
customers may request access
to CRM Updates for up to 30 days.
CRM Updates are backed up by FastTrackr AI
Transcripts
Retained for up to 7 days from creation.
Thereafter transcripts are deleted
by FastTrackr AI or its partners.
Customers may purchase a longer
data retention plan from FastTrackr AI by
writing to the FastTrackr team.
Transcripts are backed up by FastTrackr AI
Unless required by applicable law all FastTrackr AI backups are retained for sixty (60) days. Customer acknowledges that it is solely responsible for maintaining appropriate records in accordance with applicable financial regulations and professional standards.
9. DISPUTE RESOLUTION
9.1 Disclaimer of Indemnification. Neither party shall have any obligation to indemnify the other party under this Agreement. Each party shall be responsible for its own actions and compliance with applicable laws and regulations.
9.2 Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be in the Delaware, United States. The language of the arbitration shall be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction at any time.
9.3 Force Majeure. Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement to the extent such failure or delay is caused by events beyond the reasonable control of the party including, but not limited to, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, strikes, lockouts, government-mandated quarantines or shutdowns, pandemic or epidemic, cyberattacks, system failures, telecommunications or internet failures, or other similar events beyond the reasonable control of such party ("Force Majeure Event"). The party affected by the Force Majeure Event shall use reasonable efforts to mitigate the effects of the Force Majeure Event. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate this Agreement upon written notice to the other party.
Questions, concerns or complaints
If you have questions, concerns, complaints, or would like to exercise your rights, please contact us at:
GAI VENTURES Inc.
1111B S Governors Ave STE 25373 Dover, DE 19904
Email:contact@fasttrackr.ai