Terms of Service

1. Acceptance of Terms

Welcome to Vincdata. By accessing or using our website, applications, AI assistant, and related software and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you and Vincdata Technologies Inc., operating as VincData ("we," "us," or "our"). We may change these Terms only as described in Section 11 (Changes to Terms).

2. Description of Service

Vincdata provides AI-powered software, tools, and applications — including an AI assistant, image and document analysis, and operational tools — that enable users and businesses to, among other things:

• Conversational AI assistance
• Code generation and software development support
• Content creation and writing assistance
• Data analysis and problem-solving
• Educational and informational queries

The Services are provided "as is" and we continuously work to improve functionality, accuracy, and user experience. Features and capabilities may be added, modified, or removed at our discretion, subject to Section 11 (Changes to Terms).

2.1 VincBuddy Desktop App

VincBuddy is a Windows application that reads mail, files and project folders on your own computer with an AI model that runs on that computer, and tells you what needs your attention. Using it is subject to these Terms, the Software License and the Privacy Policy (which has a section describing exactly what VincBuddy reads and the few things that leave your computer). The following applies specifically to VincBuddy:

• Information, not advice. What VincBuddy shows or says is produced by an AI model from what it read on your computer. It can be wrong, miss something, or misjudge importance. It is not legal, financial, medical or professional advice, and you remain responsible for reading your own mail and meeting your own deadlines.
• Small jobs run on your instruction. The chat may propose one change to your computer at a time (a file, a folder, one command). Nothing is changed unless you press Do it; the change then runs under your own Windows account, as if you had made it yourself. You are responsible for what you approve. Where the app can undo a change it offers to, but it does not guarantee that every change can be reversed.
• Free beta, pre-release and unsigned builds. VincBuddy's first public release is a free beta: versions numbered 0.x are pre-release (Settings → About says so), provided without charge for evaluation, and may have defects. Section 7 (Payment Terms) does not apply while VincBuddy is free; if a paid plan is introduced later we will say so here and in the Software License before it takes effect. Beta builds may be delivered without a code-signing certificate; Windows will show a SmartScreen warning at install.
• Automatic updates. VincBuddy fetches new versions from Vincdata's download service, verifies them against a signed manifest, and installs them the next time it starts if you have not done so yourself. By installing VincBuddy and signing in you expressly consent to this; the app's function and purpose are described here and in the Privacy Policy. You may uninstall the application at any time.
• Heartbeat and mailbox access. The app sends Vincdata a short heartbeat (six fields, described in the Privacy Policy) that you can turn off in Settings, and reads your mailbox only if you turn that on, with a read-only permission granted on your mail provider's own page. It never sends mail on your behalf.
• Acceptable use. Section 4 applies. You may not use VincBuddy to monitor a computer, mailbox or files you do not own or are not authorised to access.

3. User Accounts and Responsibilities

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Not share your account credentials with others
• Not create accounts using automated means or false information

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services or to agree to these Terms on behalf of an organization. The Services may be used for your personal or internal business purposes, and are not directed to children.

Quebec. The Services are not available to residents of Quebec. If you are a resident of Quebec, you may not access or use the Services. (Our products and these documents are offered in English only; we will lift this restriction when a French version exists.) This restriction applies to our self-serve products and this website. It does not apply to custom development engagements, which are governed by a separate written agreement negotiated between the parties.

4. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Generate, distribute, or store illegal, harmful, or offensive content
• Harass, abuse, threaten, or intimidate others
• Impersonate any person or entity or misrepresent your affiliation
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or attempt to extract source code
• Use automated systems (bots, scrapers) without explicit permission
• Generate spam, malware, or phishing content
• Interfere with or disrupt the Services or servers
• Resell, rent or share access to the Services, or offer them to others as a service, without our written permission (using the Services for your own personal or business purposes, as Section 5 and the Software License allow, needs no permission, and neither does using what they produce, including for your clients)
• Generate content that violates intellectual property rights
• Attempt to circumvent usage limits or payment requirements

We reserve the right to investigate violations and take appropriate action, including suspension or termination of accounts, without prior notice.

5. Intellectual Property Rights

The Services, including all software, algorithms, text, graphics, logos, icons, images, and other materials, are owned by Vincdata or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

You retain ownership of any content you input into the Services ("Input"). You grant us a worldwide, non-exclusive, royalty-free license to use, process, and store your Input solely to provide and improve the Services.

6. User-Generated Content

Content generated by the AI in response to your inputs ("Output") is provided to you. However, due to the nature of machine learning, Output may not be unique and other users may receive similar responses to similar inputs.

You are responsible for evaluating the accuracy, completeness, and usefulness of any Output. We do not guarantee that Output will be accurate, appropriate, or suitable for your intended purpose. You should not rely on Output for:

• Medical, legal, financial, or other professional advice
• Critical decision-making without independent verification
• Safety-critical applications

7. Payment Terms & Subscriptions

Some products or features require payment — including Vincoder, our local AI coding assistant, offered as a monthly subscription. Where you purchase a paid product, plan, or service, the following apply:

• All fees are in Canadian Dollars (CAD) unless otherwise stated at checkout
• Purchases are processed by Paddle, our merchant of record — Paddle is the seller of the product for tax and invoicing purposes, appears on your card statement, and collects and remits applicable sales taxes. Paddle's buyer terms also apply to your purchase
• Subscriptions renew automatically each billing period until canceled; the price and billing period are shown at checkout before you pay
• Where a free trial is offered, no payment method is required to start it. If you do nothing, the trial ends on its own at the end of the trial period and nothing is charged. If you choose to subscribe during the trial, your paid subscription begins when the trial period ends and your first payment is taken then; if you subscribe after the trial has ended, your first payment is taken when you subscribe
• A free trial is limited to one per Vincdata account for each product. If your account has already started a trial for a product, or has held a subscription to it, a further trial is not available on that account — you can subscribe at any time
• You can cancel anytime from your dashboard — cancellation stops future charges and you keep access until the end of the period already paid for
• Refunds are governed by our Refund Policy (including a 14-day money-back guarantee on your first Vincoder payment)
• We may change the price of a subscription. If we raise it, we will email you about it, and the new price applies only from your first payment or renewal at least 30 days after that email. Until then you keep paying your current price. If you subscribe after we announce the increase, we show it to you before you pay, and it applies from your first renewal after the date it takes effect
• Failed payments may result in suspension or loss of access to the paid product

Pricing model. Vincoder subscriptions are charged as a flat periodic fee for the Software running the model on your own hardware. We do not charge by usage — not by tokens, requests, questions, or compute time — and we will not introduce usage-based charging on your subscription while it remains active. We may change the subscription price as set out above in this Section 7; any change to the price does not change this.

Use of the Vincoder desktop application is additionally governed by the Vincoder Software License, which covers your license to the app and ownership of AI-generated output.

8. Disclaimer of Warranties and Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT DISCLAIMS WARRANTIES AND LIMITS OUR LIABILITY TO YOU.

Disclaimer of warranties. Without limiting anything we expressly promise, and to the extent permitted by law, the Services (including any software we provide) and all Output are provided "as is" and "as available", without any implied or statutory warranty, condition or representation, including any implied warranty or condition of merchantable quality, fitness for a particular purpose, title or non-infringement. We do not promise that the Services will be uninterrupted or error-free, that every defect will be corrected, or that any Output will be accurate or complete. Nothing in this section excludes or limits a warranty, condition or right that applicable law does not allow to be excluded or limited.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VINCDATA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS 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, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF $100 CAD OR THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Vincdata and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Input or any content you submit

10. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately. This includes, but is not limited to, termination for:

• Violation of these Terms
• Suspicious, fraudulent, or illegal activity
• Extended periods of inactivity
• At your request

Upon termination, your right to use the Services will immediately cease. We are not liable to you or any third party for termination of access to the Services. Sections that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes to Terms

We may change these Terms, the Software License, the Refund Policy, the Privacy Policy, the Cookie Policy and our paid products. Changes that are not material, such as fixing errors or clarifying wording, take effect when we post them, and we update the "Last Updated" date.

Material changes. A material change is one that raises what you pay, substantially reduces your rights, substantially reduces what a paid product does, or collects a new kind of personal information, uses your personal information for a new purpose or shares it with a new kind of third party. For a material change, we post a notice with the date it takes effect at least 30 days before that date. If you have a paid subscription, including one that starts when your trial ends, we also email you at least 30 days before, with an explanation of what changes, the date it takes effect, and the changed text (for a change to a product rather than a document, a description of the change instead). If you subscribe after we post the notice, we show you the notice before you pay, and the change applies to you from the date it takes effect.

If you do not agree. You can cancel at any time. If, before a material change takes effect, you write to contact@vincdata.ca to cancel because of it, we will end your subscription that day and refund the unused part of the period you have already paid for, in proportion to the whole days left in that period, including the tax you paid on that part. If you are still within the 14-day money-back guarantee, you get the full refund instead. This does not apply to a change we showed you before you subscribed.

Urgent changes. A change needed for safety or security, or to comply with the law or an order of a court or regulator, can take effect sooner, even immediately. Only the part of the change that is needed for that reason can take effect sooner, and this never applies to a price increase. We will still tell paying subscribers by email as soon as we reasonably can, and if you cancel because of it within 30 days of that email, the refund described above still applies.

If you keep using the Services after a change takes effect, the changed terms apply to you, except where the law requires your consent, which we will ask for. Your rights under consumer protection law are not affected (see Section 12).

12. Governing Law and Dispute Resolution

These Terms, the Software License and the Refund Policy are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict of laws rules.

If you use the Services for a business. Any dispute arising from or relating to these Terms, the Software License, the Refund Policy or the Services will be resolved by binding arbitration under the Arbitration Rules of the ADR Institute of Canada (ADRIC), before a single arbitrator, in English, seated in Edmonton, Alberta, except that a dispute about the Vincoder or VincBuddy software may instead be brought in the courts of Alberta, as Section 9 of the Software License provides. Each party may still ask a court for an injunction or other urgent relief. Claims may be brought only on an individual basis: you waive any right to a jury trial and to bring or take part in a class action, class-wide arbitration or other representative proceeding against us.

If you use the Services as a consumer. These Terms do not require you to arbitrate. A dispute will be decided by the courts of Alberta, unless the consumer protection law of the province where you live gives you the right to bring it in that province's courts. You and we may still agree in writing to arbitrate a dispute after it has arisen. To the extent the law of your province allows, claims are brought only on an individual basis, not as a class action, and are decided without a jury.

Courts. Whenever a court decides a matter under this Section, the courts of Alberta have jurisdiction, subject to the consumer rule above. If the Software License or the Refund Policy says something different about where or how disputes are decided, this Section prevails.

Nothing in these Terms takes away any right you have under consumer protection law that cannot be waived or limited by agreement, and Sections 8 and 9 of these Terms apply to consumers only to the extent that law allows.

13. Miscellaneous

14. Contact Information

If you have any questions, concerns, or complaints regarding these Terms or the Services, please contact us at: