Terms of Service

This article covers our terms of use and service.

Convictional is a provider of B2B automation services and software. The platform is limited by the functionality that is available, versioned in our API documentation by date. We make no warranties about what is included in the Convictional service unless we explicitly provide a scope of work to you as part of a fixed price quote for development. Beyond that, everything you see in the application, in our documentation and on our website is the scope. By using our application, you agree to be bound by these terms of service.

## Services

We will do our best to provide support for our software by way of email, phone or whatever means is most appropriate. We do not guarantee service levels or response times. We will respond in priority order to customers as necessary in order to facilitate your use and success with our product. We cannot guarantee success on our platform but will do what we can to help you be successful using our solutions.

## Payment Terms

Payment terms are negotiated on a customer-specific basis. Generally you will have to commit to one year of use before using the Convictional platform, which will revert to month-to-month after the first year. Payment is required at the beginning of each month to cover that subsequent month’s payment. We are not going to delete your data if you do not pay, but we will ask you to pay us for any outstanding months and cut off access if necessary until your account is current. All our customers will have a monthly subscription fee. Outside of that, all services will be quoted at a fixed rate unless otherwise noted, and an explicit agreement for each quote will exist so that you know what you will be getting and how much you will have to pay for it.

## Abuse

If you violate our terms of service (by not paying or doing something abusive like sending spam emails) we reserve the right to cut off access to your account. We will not delete your data except in extreme cases where that would be necessary to protect other customers (ie. sending so many spam emails our database is affected). Worst case scenario we will stop giving you access to your account until we have had a chance to talk to you and work it out.

## Privacy

We collect various information from our service in order to provide you with what you need. We try to collect as little as possible. No third-party services are used to track usage of our application except for logs that are stored in Google Cloud. We only touch information relating to your business when interacting with partner stores, and only retain it for as long as we need to in order to sync with you. We don't use your information for any other purpose -- we don't data mine it or even query it unless you ask. We retain data as long as you don't delete it with the exception of logs which last a month. Please get in touch with us if you have any questions on this: [email support](mailto:support@convictional.com).

## Agreement Terms

If you are on an annual agreement and there is time left in your agreement with us, you have to pay out the outstanding months in order to exit the agreement. Most of the time you already paid up-front for the first year, in which case you can simply notify us you no longer want to use the service. If you wish, you can delete your account at any time (which will permanently delete *all* of your company data) on the Settings page in the Convictional admin. This does not mean you do not need to pay out your contract is a balance is owning, but it does give you control of whether your data is in our service and whether we can access your systems.

## Confidentiality

Unless we have your express, written permission, we will not divulge any aspect of our relationship together with third-parties. This means that strictly speaking no one outside Convictional will know that you partner with us. We do this for a few reasons, but the main one is that our customers expect discretion. We do not want to be a brand, we want to help facilitate the success of your brand. This drives how we make product decisions (your logo shows up in the corner when your partner logs in) and how we make terms decisions.

## Legal Jurisdiction

The laws of this agreement are governed by the State of Delaware, where Convictional, Inc. is incorporated. We would as much as possible like to avoid getting the legal system involved: if you have a concern about a commitment we make or an expectation we set, please escalate it to us before pursuing legal avenues. We commit to doing the same, treating you fairly and only resorting to legal approaches when absolutely necessary to protect our business and/or customers.

## Nature of Use

We do not place any limits on the nature of the products that can be sold through our service. If something is illegal where our servers are, we would notify you to take it down on a specific timeline and delete it if we do not hear back. Otherwise we are open to any form of product you may want to sell and will not surprise you with a deactivated account because you sell taboo products. If you are concerned about this, email us.

## Infrastructure

If something happens to our infrastructure and that results in our services becoming unavailable, we will work to resolve the issue regardless of the time of day. We do not warrant a certain amount or period for up-time or functionality, but we do work hard to keep any and all commitments made during sales conversations, in our marketing materials and during support interactions. To see our track record for uptime, go to [our status page](https://status.convictional.com) any time.

## Intellectual Property

We own any and all intellectual property that involves code we write for you, unless otherwise noted. You do not own our code, you simply access our service in order to conduct your business. Likewise, you own your product information, your customers, your billing relationships and your data. We do not share it with anyone and only one person in our company has database access. We do not even have third-party tracking in our application for analytics, your use of our service is completely private and you continue to own all your data throughout our relationship.The design of our application is copyright Convictional, Inc. unless noted.

## Competitors

We would prefer that people not try to reverse engineer our services. We are open to competitors joining for competitive intelligence but you cannot abuse the nature of our services in order to build competitive understanding for the benfit of your business. We will handle this on a discretionary basis. Ultimately if you use our service, you have to pay us, which makes you a customer. If you happen to be a competitor, as long as you are paying us, we will treat you like a customer. If we notice that you are abusing access to our system, we will contact you to find a resolution.

## Contact Information

Our business is located at: #907-23 Barrel Yards Blvd, Waterloo, Ontario, Canada, N2L 0E3. Our legal business name is Convictional, Inc. Feel free to mail things to us but we prefer email: support@convictional.com. Your request will be escalated to the appropriate person inside of Convictional depending on your request.