Terms of Service

These terms are between Pontem Sales Inc. ("Pontem Sales", "we", "us") and the company or person that buys or uses the service ("you", "the customer"). By buying a plan, creating a workspace or using the service, you agree to them. If you are agreeing for a company, you confirm you have authority to do so. Enterprise customers may have a separate written agreement, which prevails if it conflicts with these terms.

1. The service

Pontem Sales provides PontemVelo (pipeline velocity for Reps and managers), together with reporting, notifications and related features, delivered as a web service. Features differ by plan, as described on our pricing page. We may improve, change or retire features, and will give reasonable notice of any change that materially reduces what you paid for.

2. Accounts and seats

• A workspace is created when a purchase is paid and confirmed. You do not get access before payment is confirmed.
• You buy a number of seats. Each person who uses the workspace as an owner, admin or team member needs a seat. You can add seats at any time and the new seats are billed from that date.
• Keep your sign-in details safe and do not share a seat between people. You are responsible for what happens under your accounts. Tell us promptly if you think an account has been compromised.
• Owners and admins decide who is in the workspace and what role they have.

3. Fees and payment

• Prices are per seat, in US or Canadian dollars as shown when you buy. Prices exclude applicable taxes, such as GST/HST for Canadian customers, which are added at checkout or on your invoice.
• Monthly plans are billed every month in advance. Annual plans are billed once a year in advance for twelve months and include a thirteenth month free, so you get 13 months for the price of 12.
• Plans renew automatically for the same period unless cancelled before the renewal date.
• If a payment fails, we will let you know and may retry. If it is not resolved in a reasonable time, we may suspend access until it is. Your data is kept while an account is suspended.
• We may change prices for a future period by giving you at least 30 days' notice before your renewal.

4. Cancelling, refunds and plan changes

• You can cancel at any time by contacting us. Cancellation takes effect at the end of the period you have already paid for, and you keep access until then.
• We do not refund partial periods or unused seats, except where the law requires it, or where we have failed to provide the service as described. If something has gone wrong in your first 14 days, tell us and we will make it right.
• You can move to a plan with more features or add seats at any time. A move to a smaller plan or fewer seats applies from your next renewal.

5. Your data

• You own your content. Everything you and your team put into the service, including plans, notes and information about your buyers, stays yours. You give us the right to host, process and display it only as needed to run the service for you, and as described in our Privacy Policy.
• You are responsible for having the right to enter that information, and for telling the people whose information you enter, such as buyers and colleagues, that you are recording it.
• Aggregated statistics. We may use usage data in a combined, anonymised form that does not identify you, your people, your buyers or your deals, as set out in the Privacy Policy. You can ask us to leave your workspace out.
• You can export your deal list from the reports at any time, and ask us for a copy of your content for up to 30 days after your account ends. After that we may delete it.

6. Confidentiality, both ways

• What is covered. Each of us may see the other's non-public information. For you, that is your plans, deals, buyer and contact details, pricing and anything else in your workspace. For us, it is the non-public parts of our software, security, pricing arrangements and plans.
• What we each agree to. Use the other's confidential information only to provide or use the service. Keep it private with at least the care you take with your own, and share it only with people who need it for that purpose and are bound to keep it private. For us that includes our hosting, payment and email providers, who we choose carefully and who handle it only to run the service.
• What is not covered. Information that is public through no fault of the person holding it, that they already had or worked out on their own, or that they received from someone else with no duty of confidence. If the law or a court requires disclosure, the person asked will tell the other first where the law allows, and share only what is required.
• How long. This lasts while you use the service and for 3 years after it ends. Your customer content and any personal information in it stay protected for as long as we hold them.

7. Using the service properly

You agree not to break the law with the service, send spam or unlawful messages through it, try to access another customer's workspace, probe or attack the service, overload it, copy or resell it, or use it to build a competing product. We may suspend an account that puts the service or other customers at risk, and will try to tell you first where we reasonably can.

8. Optional features and third parties

Some features connect to services you choose, such as Microsoft 365 or Google (Gmail and Google Calendar) for the email and calendar check, or an AI assistant for drafting. They are optional, you control them, and their own terms apply. AI-written text may contain mistakes. Check it before you rely on it or send it. Information in the activity check is a starting point for a conversation, not proof of what a person did.

9. Availability and support

We work to keep the service available and to fix problems quickly, but we do not promise it will be uninterrupted or error-free, and there is no service-level guarantee unless we have agreed one in writing. We may carry out maintenance, with notice where practical. Support is by email, with onboarding and a dedicated success manager as described for your plan.

10. Our property

We own the service, its software, design, and the built-in milestone library, and these terms do not transfer any of that to you beyond the right to use the service while you are a customer. If you send us ideas or feedback, we may use them without obligation.

11. Warranties and liability

The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, including fitness for a particular purpose. Pontem Sales gives you tools to run and review deals, and does not guarantee any sales result.

To the fullest extent the law allows, we are not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, deals or data, and our total liability for anything arising from the service is limited to the fees you paid us in the 12 months before the event that caused the claim. Nothing in these terms limits liability that cannot be limited by law.

12. Ending the agreement

Either of us may end the agreement for a serious breach that is not fixed within 30 days of written notice. We may end it immediately for misuse that puts others at risk. On ending, your access stops, fees already paid are not refunded except as set out above, and the sections that by their nature should survive (such as payment, confidentiality, our property, liability and governing law) continue.

13. General

• Governing law. These terms are governed by the laws of Ontario and the federal laws of Canada that apply there, and the courts of Ontario have exclusive jurisdiction, except that either of us may seek urgent relief anywhere.
• Changes. We may update these terms. We will show the date at the top and, for material changes, notify the account owner at least 30 days before they apply. Continuing to use the service afterwards means you accept the update.
• The whole agreement. These terms, the Privacy Policy and your order are the whole agreement. If part of it is unenforceable, the rest still applies. Neither of us may transfer the agreement without the other's consent, except that we may transfer it as part of a sale of our business.
• Notices. We may send notices to the account owner's email. You can write to us at [email protected].