Terms of Service

1. Who We Are

Lead Shift Automation Inc. (“Lead Shift”, “we”, “us”) is a corporation incorporated under the Canada Business Corporations Act, with its registered office in the Province of Saskatchewan. These Terms are an agreement between us and the business that uses our service (“Client”, “you”). You accept them by accepting them online, by signing a Service Agreement that refers to them, by paying a setup fee, or by forwarding a phone line to a number we provide. If you accept for a business, you confirm you have authority to bind it.

2. What We Do: RING · ANSWER · QUALIFY · HOLD · FILE

We answer the calls your line does not take, at any hour, and turn each one into a record:

• RING and ANSWER. Calls you forward to us are answered by an automated system. Calls that arrive at the same time are answered in parallel, up to the capacity in your Service Agreement.
• QUALIFY. The system asks each caller the questions you set, so the record says what the job is and how urgent it is.
• HOLD. The caller is held for your callback and, where you set it up, for a provisional time slot. Every hold is yours to confirm (section 7).
• FILE. You receive a recording, a transcript and a summary of each call.

Features, capacity and service levels are set out in your Service Agreement. Features we mark as early access are provided as they are and may change.

3. How Records Reach You

We deliver each call record to you. Where your CRM and plan support a direct connection and you approve it, we deliver through that connection. Otherwise we deliver records by secure transfer, or enter them into your system for you. Some CRMs charge for the user seat or connection this requires; that cost is yours unless your Service Agreement says otherwise.

4. Setup Fees, the 60-Day Initial Period and Month to Month

Setup fees are paid in full before we provision any number, line or workflow. They are earned when infrastructure is allocated and are non-refundable once provisioning begins. The initial service period is 60 days from activation; after it, the service continues month to month, with no long-term lock-in and no early-termination fee. After the initial period, either party may end the service with 30 days written notice, for any reason. Service fees are billed monthly in advance on the anniversary of your activation date, and fees paid are not refunded, including for any part of a month after notice is given. Overdue amounts bear interest at 1.5% per month (18% per year), and we may suspend the service after 15 days of non-payment, with prior written notice.

5. Industries and Exclusivity

Industries marked OPEN can begin onboarding now. Industries marked REQUEST ACCESS are provisioned after we confirm the service fits. The service is non-exclusive: we may serve other businesses in your trade and your area unless we sign a written exclusivity rider with you.

6. Not an Emergency or Life-Safety Service

The service answers and records calls for your business. It is not a 911 service or public safety answering point, a gas or electric utility's emergency line, a medical or alarm monitoring service, or any other life-safety system, and it must not be relied on in an emergency. It does not monitor for, assess or respond to gas odours, carbon monoxide alarms, fire, extreme cold or loss of heat (including against any municipal heating standard, such as Saskatoon's Property Maintenance and Nuisance Abatement Bylaw), active roof or water leaks, electrical hazards, or the presence of infants, people over 65 or medically fragile occupants. Any safety instruction the service gives a caller, such as to leave the building and call 911 or the gas utility (in Saskatchewan, SaskEnergy at 1-888-700-0427), is a courtesy and not a dispatch, and its absence, timing or wording is not a breach of these Terms. You alone decide whether, when and how to respond to every call, and you remain responsible for monitoring your records and for every duty you owe your customers, tenants and the public.

7. A Hold Is Yours to Confirm; Your Technician Decides

In RING · ANSWER · QUALIFY · HOLD · FILE, a HOLD is a provisional, non-binding reservation of your callback or a time slot. It is not a booking, an arrival time or a promise to the caller until you confirm it. The service has no authority, actual or apparent, to quote a binding price, guarantee an arrival time, interpret a manufacturer's warranty (parts or labour), confirm a rebate or financing offer, or make any other commitment for you. What a caller reports (symptoms, a rating plate's age, brand, serial number or fuel type, the state of a thermostat or breaker) is recorded as the caller's unverified account. It is never a diagnosis, a safety or code assessment of any kind (including one the Technical Safety Authority of Saskatchewan requires), or a water-damage category or class under the IICRC S500 standard: category and class are the technician's call, by the standard. Your qualified technician on site decides the scope, the hazard and the price.

8. Automated Speech and AI; No Implied Warranties

Calls are answered, transcribed and summarized by automated speech recognition and AI language models working over telephone audio. Background noise, poor connections, accents, a caller's distress or the models themselves can produce errors: misheard names, numbers or addresses, missed details, wrong urgency levels, or statements that are not accurate. Review each record before relying on it for anything important. We will operate the service with commercially reasonable care. Beyond that, and to the fullest extent the law allows, the service is provided as is and as available, and every other condition and warranty, express or implied, statutory or otherwise, is excluded, including any of merchantability, quality or fitness for a particular purpose and any implied by The Sale of Goods Act (Saskatchewan) to the extent it could apply.

9. Figures on Our Website Are Illustrative

Our website and our calls with you use industry figures and worked examples: answer and booking rates, job values, example calls at particular hours, and the results of our leak calculator and diagnosis. They come from third-party studies and models we name where we use them. They illustrate; they are not a forecast or a promise of any call volume, booking, revenue or saving for your business, which depend on your market, prices, staff and follow-up.

10. Phone Lines, Carriers and Messaging Law

Our service is software that answers and routes calls and messages over third-party telecommunications carriers, which provide the telecommunications service. You keep your number: you or your carrier set the call forwarding to the number we provide, and we are not responsible for forwarding settings, forwarding loops, porting delays, or the outage of any carrier or network.

Every text, email or call our service sends or places on your instructions is sent on your behalf, and you are responsible for its lawfulness. You will:

• comply with the laws that apply to your calls and messages, including call-recording and notice laws, laws on disclosing automated or AI systems to callers, Canada’s Anti-Spam Legislation, the CRTC Unsolicited Telecommunications Rules and the National Do Not Call List, the US Telephone Consumer Protection Act and its state equivalents, and carrier messaging rules;
• hold valid consent for every text, email or call our service sends to your customers or contacts on your instructions, keep a record of each consent and the date it was given, show it to us on request, and tell us immediately when someone opts out through a channel we do not see;
• give us only contact lists you are legally allowed to use for the purpose you ask us to use them for;
• not ask us to request reviews only from satisfied customers, to offer rewards for positive reviews, or to discourage negative ones.

Messages identify you and us as Canadian law requires. We may refuse or pause any message campaign we reasonably believe lacks valid consent.

11. Records Entered for You; No Uptime Guarantee

We do not offer a guaranteed uptime percentage. The service depends on carriers, cloud providers, AI providers, workflow systems and your own CRM, whose availability is outside our control. We use commercially reasonable efforts to keep the service available, give at least 48 hours notice of scheduled maintenance, and tell you about unplanned interruptions affecting your line. Where we or our automation enter records into your CRM, calendar or dispatch board for you, we act as your clerk: typing and transcription errors, field mismatches, rate limits and calendar conflicts can occur, and you will check each entry against the call record before acting on it. If the service does not meet your needs, the month-to-month term is your remedy: you can leave.

12. Data Protection

Our Data Processing Addendum forms part of these Terms. You are accountable under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) for your callers' and customers' information, and we process it for you as your service provider. We never sell it. Every call we answer is recorded, and our greeting tells each caller so; you choose any further notice the places you serve require. If you instruct us to omit a recording notice, the consequences are yours, and we may decline the instruction.

13. Ownership and Confidentiality

You own your business data, call recordings and lead information, and give us a limited licence to process them to provide the service. We own our software, prompts, conversation designs and call-handling logic, workflows, routing configurations, scripts and documentation, the de-identified and aggregated data derived from the service, and the models and improvements we build from them. You can ask us in writing to leave your calls out of that improvement work. The demonstrations, simulations and the arcade game on our website are ours, provided for demonstration and entertainment without warranty. Third-party technology we use remains its owners'. Each of us keeps the other's non-public business information confidential and uses it only for this agreement, except where the law requires disclosure.

14. Acceptable Use; No Probing, Extraction or Benchmarking

You will use the service only for lawful purposes, and not to harass anyone, impersonate anyone, collect health, financial or other sensitive information beyond what a job requires, or break any law. You will not, and will not allow anyone acting for you to, attack, overload or adversarially test the service, or record or clone any voice for synthesis. Nor will you, or anyone acting for you, call or message a number we provide, or use our website or service, to extract, reconstruct or copy our prompts, conversation designs or configurations, or benchmark the service to build or improve a competing product. A call your customers place for genuine service is never a breach. The harm from that extraction or competitive use is real and hard to measure (the cost of the work taken and of rebuilding it, and the advantage it hands a competitor), so for each such breach you agree to pay $25,000 CAD as a genuine pre-estimate of our loss and not a penalty, without limiting our right to an injunction. We may suspend the service to stop a breach of this section, and we will tell you why.

15. Indemnity and Insurance

You will defend and indemnify Lead Shift and its directors, officers, employees and shareholders, on a full indemnity basis including legal fees, against every claim, action, fine, penalty or subrogated claim brought by anyone else (including your customers, tenants and landlords, their insurers, and any regulator) arising from: (a) any call or message our service answers, sends, delays or misses for you, including property damage, a freeze-up, water or roof damage, a gas or carbon monoxide incident, personal injury or death that follows it, even where the claim alleges our negligence; (b) your services, your premises, or your failure to act on or confirm a held call; (c) your instructions, your contact lists, or any message sent without valid consent; or (d) your breach of these Terms or the law. This indemnity does not cover loss caused by our fraud or wilful misconduct. You will carry commercial general liability insurance suited to your trade, and you waive, and will have your insurers waive, every right of subrogation against Lead Shift.

16. Limitation of Liability

To the fullest extent the law allows:

• we are not liable for any indirect, incidental, consequential, special or punitive damages, or for lost profits, revenue, jobs or customers, missed or mishandled calls, loss of data or reputation, or property damage, however caused and on any theory, including contract, tort and negligence of any degree, even if we were told they were possible;
• our total liability for all claims together, on any theory, will not exceed the recurring service fees you actually paid us for the 3 calendar months immediately before the event giving rise to the first claim, excluding setup fees.

These limits do not apply to our fraud or wilful misconduct, or to your obligations to pay fees and to indemnify us. You agree they are reasonable for a business service at this price, that you had the chance to read them before accepting, and that you can insure against the risks they leave with you.

17. Notice of Claims

You will give us written notice of any claim within 30 days after you learn of the incident behind it, with the details you have, so we can preserve the records and act on it while they are fresh. This section does not shorten any limitation period set by law, including under The Limitations Act (Saskatchewan).

18. Disputes: Arbitration in Saskatoon

Any dispute arising out of or relating to these Terms will be finally resolved by confidential arbitration before a single arbitrator in Saskatoon under The Arbitration Act, 1992 (Saskatchewan), except claims for unpaid fees and applications for an injunction to protect intellectual property or confidential information, which either party may bring in court. Each party bears its own legal fees and costs and the arbitrator's fees are shared equally, except that the arbitrator may award costs against a party whose claim or defence was made in bad faith. Disputes are resolved individually: there are no class, collective or representative proceedings, and no consolidation without both parties' consent.

19. Events Beyond Our Control; Governing Law

Neither of us is liable for a delay or failure, other than a failure to pay, caused by events beyond reasonable control, including the outage or change of a carrier, cloud, AI or messaging provider, a cyberattack, a power or network failure, government action or severe weather. These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada that apply there. Any court proceeding these Terms allow is brought in the Court of King's Bench for Saskatchewan, Judicial Centre of Saskatoon.

20. Accepting Electronically

You may accept these Terms by ticking a box, clicking to agree or signing electronically; under The Electronic Information and Documents Act, 2000 (Saskatchewan), that acceptance binds as a signed paper copy would. We record the version you accepted, the time, the internet address it came from and your browser's details, and that record is evidence of your acceptance. The version number on this page identifies the exact text you accepted.

21. Text Messaging

When you opt in on one of our forms, Lead Shift Automation Inc. may send you text messages: confirmations, reminders and scheduling changes for a call you booked with us and, only where you gave separate express consent, commercial messages about our services. Message frequency varies. Message and data rates may apply to any message we send you and any message you send us. You can cancel at any time: reply STOP to any message and the messages stop. Reply HELP for assistance, or write to contact@leadshiftautomation.com. Carriers are not liable for delayed or undelivered messages. Consent to commercial messages is not a condition of purchase. How we handle your mobile information is set out in our Privacy Policy.

22. Your Data When the Service Ends

When the service ends, we export your data in standard formats (CSV and JSON) within 30 days of your written request. We then keep it for 24 months after the service ends and make it anonymous at the end of that period, except records the law requires us to keep, and confirm it in writing on request.

23. Changes and General Terms

We may change these Terms with 30 days written notice to active clients; continued use after the change takes effect means you accept it, and a change to price or service scope during a committed term needs both parties' written agreement. These Terms, your Service Agreement, our Data Processing Addendum and any signed addendum are the whole agreement. If a clause is unenforceable, it is read down to the extent needed and the rest stands. Neither party may assign this agreement without the other's consent, except to a buyer of substantially all of its business. Notices go to the email addresses on file.

24. Contact

For legal inquiries or questions about these terms, contact: legal@leadshiftautomation.com

Lead Shift Automation Inc.
111 2nd Ave, Saskatoon, Saskatchewan, Canada