Terms of Service

1. Scope of Application

1.1. These general terms of use and business conditions ("Terms and Conditions" or "T&C") apply to all Software as a Service ("SaaS" or "Software") services within the framework of the contractual relationship ("Contract") between Fastlane Marketing LLP, operating as SalesJim ("Company", "SalesJim", "we"), with its registered address at 5307 Victoria Drive #834, Vancouver, BC V5P 3V6, Canada, and the individual or organization as customer ("Customer," "you") with all contents, functions, services, and rules. The Customer's general terms and conditions become part of the Contract only if explicitly approved in writing by SalesJim.

2. Subject Matter of the Contract

2.1. The subject matter of the Contract is the use of the Software within a subscription. SalesJim provides a cloud-based sales intelligence and coaching software solution that enables Customers to record and transcribe sales conversations, analyze interactions with AI-powered scorecards, deliver coaching through talk tracks, practice with flashcards, run guided consult funnels, and manage customer relationship data including objections. If you use the Software to generate or process data relating to individuals whose conversations or interactions are recorded or analyzed through the Software, those individuals are referred to as "Recorded Entities" under these T&C. Specific features, quotas, and fees applicable to your use are set out in a separate written service agreement, order form, or other commercial document signed between you and SalesJim ("Custom Contract"), which supplements these T&C. In the event of a conflict between these T&C and a Custom Contract, the Custom Contract prevails with respect to fees, term, scope of features, and quotas only.

2.2. We offer our Software in various configurations with different sets of features and quotas. Additional features or increased quotas may be made available through add-ons or amendments to your Custom Contract. Specific information regarding your plan, features, and fees is defined in your Custom Contract and not on a public pricing page.

3. Scope of Services

3.1. You are entitled only to the Software and services agreed upon at the time of Contract conclusion, as specified in your Custom Contract or as provided during the account setup process.

3.2. We reserve the right to adjust the type, scope, and any functions of the Software in accordance with Section 14.

3.3. We always strive for unrestricted usability and availability of our Software but cannot provide an unlimited guarantee to ensure this. We are obliged to ensure a usability and availability of the Software on an annual average of 98% ("Service Level").

3.4. The provision of the Software is also contractually compliant if the Service Level is reduced by a maximum of 6% on an annual average due to:

1. Repairs, updates, or maintenance work on the website and within the Software provided by SalesJim, or
2. Circumstances beyond the responsibility of SalesJim, in particular any actions by third parties not acting on behalf of SalesJim and the availability of technical internet functions that SalesJim cannot influence.

4. Conclusion of Contract

4.1. A Contract between us and you is concluded as soon as you, or your authorized representative, create a user account ("Account") on the platform, accept these T&C, and enter into a Custom Contract with SalesJim governing your subscription.

4.2. There is no free trial period unless explicitly agreed in writing in your Custom Contract.

4.3. There is no right of withdrawal, and cancellation of a concluded subscription is only possible in accordance with Section 10.

5. Data Protection

5.1. We commit to protecting Customer data at all times through appropriate measures that correspond to the current state of technology.

5.2. Details regarding the handling of personal data, data protection, and data security are extensively described in our Privacy Policy. Data transmission is carried out via a secure and encrypted internet connection.

5.3. For the processing of personal data that you process (especially of Recorded Entities) through the use of the Software, the provisions of a Data Processing Agreement ("DPA") apply. The DPA is provided to you separately upon request by contacting us at support@salesjim.com.

5.4. In the event of changes in technical or legal conditions, we reserve the right to modify the practices described in the T&C and Privacy Policy. We will inform you of any changes in a timely manner.

6. Your Responsibility

6.1. Accounts created with SalesJim are personal and may not be transferred. The information you provide during the registration process must be true, complete, and up to date. Please provide us with your company data, including company name and applicable tax identification numbers, in your Account settings within the Software. You can update and adjust these and any other requested Customer data in your Account settings at any time or by contacting us via email.

6.2. You are responsible for maintaining the confidentiality and security of your access credentials for your Account. This means that you may not disclose your access credentials to others. You are responsible for ensuring that third parties cannot gain knowledge of your access credentials and must take necessary measures to ensure confidentiality, including using a secure password consisting of numbers, letters, and special characters, and changing the password at regular intervals.

6.3. As part of your due diligence, you must ensure accessibility via the email address provided to us from the time of registration. You must immediately notify us in text form (e.g., via email or within the Software) of any misuse of the Account, any suspicion thereof, or any loss of access credentials.

6.4. You are obliged to respond promptly to inquiries from SalesJim.

6.5. The availability of the Software depends on internet access. It is your responsibility to ensure that the necessary system requirements are met to use the Software, including compatible devices and mobile app store requirements where applicable. If you use third-party tools (especially ad-blockers, scraping software, or other add-ons), you are responsible for ensuring that they do not interfere with the Software. We do not guarantee compatibility and are not liable for damages arising from the use of such tools.

6.6. You expressly agree that your use of the Software complies with all applicable laws and regulations. In particular, you undertake not to access non-public areas of the Software or website, our computer systems, or the technical delivery systems of our providers, manipulate them, or use them in any other way than contractually defined. Activities such as vulnerability scanning, load testing, penetration testing, or circumventing our security measures in any way are strictly prohibited on our platform without our prior written approval.

6.7. You are responsible for the contractual relationship and data protection regarding all data collected, processed, and analyzed with respective Recorded Entities through the Software. We take no responsibility and have no contractual relationship with Recorded Entities. You bear sole responsibility for obtaining all necessary consents, providing required notices, and complying with applicable laws governing the recording, transcription, and analysis of conversations and related personal data.

6.8. You explicitly confirm that you possess the necessary rights to any uploaded or otherwise provided data through the Software, or have explicit permission from the rights holder to use this data via the Software. This includes, but is not limited to, any uploaded or integrated images, audio and video files, recordings, transcripts, fonts, graphic elements, texts, logos, and other copyrighted or personal data.

6.9. You retain ownership of your data. In order for us to provide the Software and related services, you grant us a license to the rights of any data you upload or integrate for the purpose of reproduction, processing, storage, and use for the term of the Contract. As per Section 6.8, you ensure that you have the necessary rights to grant us the mentioned license.

6.10. You agree to provide us with reasonable assistance in performing the contractual services, e.g. by informing us about system errors ("bugs") that you have detected.

7. Fees and Payment Processing

7.1. The obligation to pay fees begins when you enter into a Custom Contract under these T&C or when your subscription becomes subject to payment as specified therein, provided that no termination according to Section 10 has been made.

7.2. Unless otherwise specified in your Custom Contract, fees are billed on a monthly basis and subscriptions renew automatically each month unless timely terminated. The fees applicable to your subscription are defined in your Custom Contract. We are entitled to collect the applicable fees via the payment information you are required to provide during the registration or contracting process. You are responsible for ensuring sufficient funds in the payment method. Applicable fees will be collected in advance at the beginning of each billing period.

7.3. You confirm that you agree to receive invoices in electronic form via email. You are responsible for properly storing the invoices.

7.4. Invoices include not only fees for using our Software but also legally applicable sales, value-added, goods and services, harmonized, or other governmental taxes and charges, where applicable. If you are located in another jurisdiction, applicable intergovernmental tax regulations may apply.

7.5. Paid fees are generally non-refundable.

8. Indemnification

You shall indemnify us against any claims, including any claims for damages, made by other Customers, Recorded Entities, or any other third parties, including authorities, against us for the violation of rights resulting from your use of the Software. You shall be liable for any costs, including the costs of legal defense, that arise for us due to your violation of third-party rights. All our further rights and claims for damages remain unaffected. The aforementioned obligations apply only to the extent that you are responsible for the respective infringement of rights.

9. Restriction, Control, Blocking, Deletion of Accounts and Content

9.1. We may restrict your access to the Software in whole or in part if you fail to pay due fees even after multiple reminders (at least two (2) reminders within a period of five (5) days).

9.2. We are not obliged to review content generated or uploaded by you. However, if we become aware of potentially non-contractual content (especially according to Sections 6.6 to 6.8) on your Account, we may access your Account, review the content, and take appropriate measures.

9.3. If there is suspicion of a criminal offense due to your use or content published by you, we may forward your customer data, securing the potentially punishable content, to the relevant authorities.

9.4. We may take appropriate measures to prevent damage and ensure the availability of the Software. This includes, in particular, situations where you violate your contractual obligations, especially with regard to Sections 6.6, 6.7, and 6.8. Such measures may include partial or complete, temporary and permanent restrictions on access to the Software, particularly regarding the ability to record, process, store, or analyze data.

10. Duration and Termination of the Contract

10.1. Unless otherwise specified in your Custom Contract, the Contract is concluded for an indefinite period. Subscribed plans will automatically renew for another monthly term unless timely terminated.

10.2. Changes to your plan, features, or quotas are generally subject to the terms of your Custom Contract. You may request upgrades or additional features by contacting us.

10.3. You can terminate the Contract with a notice period of one (1) business day to the end of the term through the Account settings within the Software or by email to support@salesjim.com, unless your Custom Contract specifies a different notice period or minimum term.

10.4. We may terminate the Contract with a notice period of four (4) weeks, at least in text form (e.g., by email), without stating reasons.

10.5. The right to terminate for good cause remains unaffected. Termination for good cause may occur, in particular, if you:

1. are in arrears with the payment of at least one (1) full monthly fee for longer than six (6) days, even after multiple reminders,
2. are in arrears with significant parts of the fee, despite multiple warnings,
3. fail to provide us with information required for regulatory reasons despite being requested to do so within a reasonable period of time,
4. use the Software in violation of applicable law or these T&C,
5. commit offenses against us or our employees (e.g., our support staff),
6. impair the Software, especially by using unauthorized software solutions, malware, or by attacking SalesJim's infrastructure,
7. otherwise violate material contractual obligations or repeatedly violate non-material contractual obligations, or
8. endanger the claims and interests of SalesJim by significantly deteriorating or significantly jeopardizing your financial situation.

10.6. The termination takes effect, except in the case of Section 10.5 or comparable extraordinary termination reasons, at the end of the contractually agreed term.

10.7. Data collected through the Software, including data relating to Recorded Entities, will be irreversibly and automatically deleted six (6) months after the termination takes effect unless you reactivate your Account prior to that or a longer retention period is required by law or agreed in your Custom Contract.

11. Liability for Defects

11.1. In relation to the provision of Software (Software as a Service) by us, the following applies:

1. We will use commercially reasonable efforts to provide the Software in accordance with these T&C and your Custom Contract.
2. Liability for restrictions on use and availability resulting from force majeure and lawful internal labor disputes is excluded. Your right to terminate according to Section 10 remains unaffected.
3. Your right to set-off, fee reduction, or retention is excluded unless you assert these rights with legally established or undisputed claims.

12. Limitation of Liability

12.1. Without contractual limitations, we are liable only for damages of the Customer:

1. resulting from intentional or grossly negligent breach of duty by us or by a legal representative or vicarious agent of SalesJim,
2. arising from the violation of life, body, or health caused by negligent breach of duty by us or intentional or negligent breach of duty by a legal representative or vicarious agent of SalesJim, and
3. within the framework of guarantees granted by SalesJim or due to fraudulent deception by SalesJim.

12.2. For damages resulting from slight negligence in the breach of essential obligations, SalesJim's liability is limited in amount to a maximum of the fees paid by you in the last twelve (12) months. Essential obligations are obligations whose violation endangers the achievement of the purpose of the Contract or whose fulfillment makes the proper execution of the Contract possible in the first place, and on whose compliance you regularly rely.

12.3. Further liability of SalesJim is excluded.

12.4. To the extent our liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents of SalesJim, as well as to tortious claims.

13. No Liability for Third-Party Providers

13.1. To the extent that you use external services offered through or integrated with the Software that have access to your data, recordings, transcripts, or other content processed through the Software ("Integrations"), these operate based on a separate contractual relationship between you and the third-party provider. Integrations may include, without limitation, infrastructure and hosting providers (such as Supabase and Google Cloud Storage), payment processors (such as Stripe), notification services (such as OneSignal), speech-to-text and AI providers (such as Deepgram and OpenAI), and mobile application distribution platforms (such as the Apple App Store and Google Play Store). We do not provide any warranty or liability for damages arising from the use of these Integrations. We also do not assume liability for damages caused by your faulty or inadequate transmission or processing of data. We expressly recommend reviewing the terms of service and privacy policies of the Integrations before using them.

14. Changes to the Software and the T&C

14.1. We may make changes to the Software, the T&C, and other provisions of the Contract without consulting you, which:

1. rectify obvious errors or omissions,
2. affect descriptive provisions to the extent that the underlying circumstances have changed,
3. serve to clarify or elucidate or are of an editorial nature, or
4. are not disadvantageous to you in legal or factual terms. This includes, in particular, the introduction of additional free functions within the Software. We will notify you of these changes via email.

14.2. Changes to the Contract (including the T&C) other than those mentioned in Section 14.1 will be offered to the Customer by SalesJim. If you do not object within a period of six (6) weeks, the changes are deemed approved. The deadline for submitting your objection to SalesJim is decisive for complying with the objection period.

14.2.1. We will inform you by email about the new regulations and the effective date and will draw your attention to the objection period and the consequences of its expiration. The objection period starts with the receipt of this email by you.

15. Communication and Legal Framework

15.1. Unless otherwise specified in the T&C, the accepted means of communication for contacting us are emails and in-app support channels. We reserve the right to contact you through other channels as well. Our email address is support@salesjim.com.

15.2. Except to the extent any applicable law provides otherwise, this Agreement will be governed by the laws of the Province of British Columbia, Canada, excluding its conflict of law provisions. The appropriate venue for any disputes arising out of or relating to this Agreement that are not otherwise subject to arbitration (as indicated below) will be the courts located in Vancouver, British Columbia.

15.3. Should individual provisions of the T&C be or become invalid, this does not affect the validity of the remaining provisions of the T&C. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision in a legally effective manner by mutual agreement.

15.4. The above provision applies accordingly in case of regulatory gaps.

16. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Vancouver, British Columbia, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

Reach Out to Us

For any inquiries regarding this Agreement, please contact us at support@salesjim.com.