Terms of Service
Effective Date: 2024/11/15
Last Updated: 2024/11/15
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY ARII GUEST SERVICES INC. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
1. Services Overview
1.1 Introduction
Arii Guest Services Inc. (“Arii,” “we,” “us,” or “our”) provides software solutions and educational resources designed to enhance lead generation, client engagement, and operational efficiency for professionals across various industries, including but not limited to real estate. While our primary focus is on real estate professionals, our Services are industry-agnostic and can be utilized by professionals in other fields.
1.2 Core Products
- LeadFlow Masterclass: Transform Your Pipeline and Close More Deals
- Purpose: An on-demand masterclass that educates professionals on lead generation strategies through a series of lessons and playbooks.
- Benefits: Empowers users to manage lead generation independently, saving money and improving existing strategies.
- Arii Connect
- Purpose: A permissionless digital hub for 24/7 client communication and document management, accessible via mobile devices.
- Features: Automatic answers to common client questions, virtual speed dial, and educational self-serve content.
- Benefits: Automates initial client interactions while maintaining control over client information and narratives.
- Arii Engage
- Purpose: A CRM-like tool built on a third-party CRM platform with proprietary customizations, focusing on consistent engagement with leads not yet ready to buy or sell.
- Features: Proprietary playbooks and workflows for immediate setup, automated communication, and lead nurturing.
- Benefits: Keeps professionals top of mind through strategic engagement, freeing them from administrative burdens.
- Arii Growth Accelerator System
- Purpose: An integrated offering combining all Arii tools to create a consistent and reliable lead pipeline.
- Benefits: Streamlines operations for consistent client acquisition, empowering professionals to build a steady and controlled revenue stream.
1.3 Integration and Automation
Arii’s tools work seamlessly together, providing an end-to-end solution for lead generation, engagement, and conversion. The Services automate routine tasks such as client communication, lead nurturing, and document sharing, freeing up users' time to focus on high-impact activities.
2. Eligibility
By accessing or using our Services, you represent and warrant that:
- You are at least 18 years old.
- You have the legal authority to enter into this agreement personally or on behalf of the entity you represent.
- Your use of the Services complies with all applicable laws and regulations in your jurisdiction.
- You are responsible for ensuring that your use of the Services is in compliance with all applicable laws and regulations, including but not limited to data protection, privacy, and export control laws.
3. Subscriptions and Billing
3.1 Subscription Plans
- Subscription Options: Arii offers monthly and annual subscription plans for its Services.
- Payment: Subscription fees are prepaid and exclusive of taxes, which will be added where applicable.
- Non-Refundable: All fees are non-refundable except as required by law.
3.2 Free Trial
- Automatic Conversion: If you sign up for a free trial, your subscription will automatically convert to a paid subscription at the end of the trial period.
- Cancellation: To avoid charges, you must cancel at least three (3) business days prior to the trial’s end by emailing wecare@HELLOARII.com or sending an SMS to +1 (825) 305-2744.
3.3 Payment and Renewal
- Payment Processor: Payments are processed through Stripe. By subscribing, you authorize Arii to charge your payment method for all fees due under your subscription plan.
- Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless canceled in accordance with Section 3.4.
- Taxes: You are responsible for all applicable taxes associated with your subscription.
- Payment Failures: If a payment is declined, we may attempt to reprocess the payment. If payment remains unpaid, we may suspend or terminate your access to the Services.
- Chargebacks and Payment Disputes: In the event of a chargeback or payment dispute, we reserve the right to suspend or terminate your access to the Services until the dispute is resolved.
3.4 Cancellation
- How to Cancel: You may cancel your subscription at any time by providing at least three (3) business days’ notice before the next billing cycle. Cancellation requests can be sent via email to wecare@HELLOARII.com or SMS to +1 (825) 305-2744 or by accessing subscription management page.
- Effect of Cancellation: Upon cancellation, you will retain access to the Services until the end of your current billing period. No refunds will be provided for partial billing periods.
- Data Handling: Upon termination or cancellation, Arii may delete all data associated with your account after a reasonable period unless otherwise required by law.
4. Use of Services
4.1 User Responsibilities
- Compliance: You agree to use the Services only for lawful purposes and in accordance with these Terms.
- Prohibited Activities: You shall not:some text
- Misuse or interfere with the Services.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Upload or transmit viruses, malware, or any other harmful code.
- Engage in any activity that is fraudulent, abusive, or illegal.
- Use the Services to send unsolicited or unauthorized advertising, spam, or other forms of solicitation.
- Harvest or collect personal information of other users without their consent.
- Acceptable Use Policy: In the absence of a separate Acceptable Use Policy, you agree to abide by the above responsibilities and prohibited activities.
4.2 Account Security
- Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Security Measures: Arii implements reasonable security measures to protect your data. However, you acknowledge that no method of transmission over the internet is completely secure.
- Notification: You agree to notify us immediately of any unauthorized access or use of your account.
4.3 License Grant
- Limited License: Arii grants you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.
- Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Services, except as permitted under these Terms.
4.4 User Content
- Ownership: You retain all rights to any content you upload or create using the Services (“User Content”).
- License to Arii: By uploading User Content, you grant Arii a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display the User Content solely for the purpose of providing the Services.
- Confidentiality: Arii will treat your User Content as confidential and will not disclose it to third parties except as necessary to provide the Services or as required by law.
5. Intellectual Property
- Ownership: All materials, content, and features of the Services (collectively, the “Arii Content”), including but not limited to software, text, graphics, logos, and designs, are owned by or licensed to Arii and are protected by intellectual property laws.
- No Rights Granted: Except for the limited license expressly granted herein, these Terms do not grant you any rights to, or in, the Arii Content.
- Feedback: Any feedback, comments, or suggestions you may provide regarding Arii or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
6. Third-Party Services
- Integrations: The Services may integrate with third-party services (e.g., third-party CRM platforms, payment processors).
- No Liability: Arii is not responsible for any third-party services, their content, or their practices. Use of third-party services is subject to their own terms and privacy policies, and users should review those separately.
- Disconnection: You may disconnect third-party services from the Services at any time. However, functionality of the Services may be affected.
7. Termination
7.1 By Arii
- For Cause: Arii may suspend or terminate your account or access to the Services immediately, without prior notice, if you breach these Terms or engage in prohibited activities.
- For Convenience: Arii reserves the right to terminate the agreement for any reason by providing you with thirty (30) days’ notice. Arii will not terminate for convenience arbitrarily and will provide reasons where possible.
- Refund Policy: In the event of termination by Arii for convenience, we will provide a pro-rata refund for any prepaid fees covering the remainder of the term after the effective date of termination.
7.2 By User
- Cancellation: You may terminate your account at any time by following the cancellation procedures outlined in Section 3.4.
7.3 Effects of Termination
- Access: Upon termination, your right to access and use the Services will cease immediately.
- Data Deletion: Arii may delete all User Content and data associated with your account after termination, except as required by law.
- Survival: Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, indemnity, and limitations of liability.
8. Disclaimer of Warranties
- "As Is" Basis: The Services are provided on an "as is" and "as available" basis.
- No Warranties: To the fullest extent permitted by law, Arii disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- No Guarantee: Arii does not guarantee that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.
- Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the disclaimers herein shall apply to the fullest extent permitted by law.
9. Limitation of Liability
- Cap on Liability: To the maximum extent permitted by law, Arii's total liability arising out of or in connection with the Services or these Terms shall not exceed the amount you have paid to Arii in the twelve (12) months immediately preceding the event giving rise to such liability.
- No Indirect Damages: Arii shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
- Jurisdictional Limitations: Some jurisdictions do not allow the limitation of liability for incidental or consequential damages. In such jurisdictions, the limitations herein shall apply to the fullest extent permitted by law.
10. Indemnification
- By User: You agree to indemnify, defend, and hold harmless Arii, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services other than as expressly authorized herein.
- By Arii: Arii agrees to indemnify, defend, and hold you harmless from and against any third-party claims alleging that the Services infringe or misappropriate any third-party intellectual property rights, provided that you promptly notify Arii of such claim, give Arii sole control over the defense, and provide reasonable assistance.
11. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using our Services, you consent to the practices described in the Privacy Policy.
12. Governing Law and Dispute Resolution
- Governing Law: These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles.
- Jurisdiction: The courts of Alberta, Canada, shall have exclusive jurisdiction to adjudicate any dispute arising under or relating to these Terms.
- Dispute Resolution: Before initiating any legal action, the parties agree to attempt to resolve any dispute informally by contacting each other. If the dispute is not resolved within thirty (30) days, the parties agree to submit to binding arbitration in Alberta, Canada, under the rules of the ADR Institute of Canada. Each party shall bear its own costs.
- Exclusion of UN Convention: The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
13. Amendments
- Right to Modify: Arii reserves the right to modify these Terms at any time.
- Notice of Changes: We will provide notice of significant changes by emailing users at the email address provided in their account or by posting a notice on our website.
- Effective Date: Changes will become effective thirty (30) days after the notice unless you terminate your account before the changes take effect.
- Acceptance of Changes: Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.
- Right to Terminate: If you do not agree to the amended Terms, you may terminate your use of the Services in accordance with Section 3.4.
14. Force Majeure
Arii shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply shortages, pandemics, or disruptions in communications or transportation.
15. Notices
- To Users: Arii may provide notices to you via email, SMS, or through postings on our website. Notices will be deemed received when sent.
- To Arii: All notices to Arii must be sent via email towecare@HELLOARII.com or SMS to +1 (825) 305-2744.
- Electronic Communications: You consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
16. Entire Agreement and Severability
- Entire Agreement: These Terms, along with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Arii regarding the Services.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Language and Accessibility
- Language: These Terms are provided in English. If we provide a translation of these Terms, the English version shall govern in the event of any conflict.
- Accessibility: We are committed to making our Services accessible to all users. Please contact us if you have any accessibility needs or require assistance.
18. Assignment
You may not assign or transfer these Terms or any rights or obligations under these Terms without our prior written consent. Arii may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.
19. Waiver
No waiver by Arii of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
20. Compliance with Laws
Both parties agree to comply with all applicable laws and regulations in connection with the performance of their obligations under these Terms, including but not limited to data protection laws, anti-spam laws, and export control laws.
21. Children's Privacy
The Services are not intended for individuals under the age of 18. Arii does not knowingly collect personal information from individuals under 18. If we become aware that an individual under 18 has provided us with personal information, we will take steps to delete such information.
22. Marketing Communications
By using our Services, you consent to receive marketing communications from Arii. You may opt-out of receiving marketing communications at any time by following the unsubscribe instructions included in such communications or by contacting us at wecare@HELLOARII.com.
23. Acceptance of Terms
By clicking "I Agree," or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
24. Contact Us
If you have any questions or concerns about these Terms, please contact us:
- Email: wecare@HELLOARII.com
- SMS: +1 (825) 305-2744
- Address: Arii Guest Services Inc.
3476 Cameron Heights Cove NW
Alberta, Canada, T6M 0R5