Terms of Service

VigiLens helps financial advisors communicate with their own clients about market moves that have already happened. It monitors the model portfolios you set up using market data, prepares draft emails, charts and videos for your review, sends the messages you approve, and records how clients engage with them.

VigiLens is a communications tool. It is not a registered investment adviser, dealer, broker, portfolio manager, or a legal, tax or accounting service.

Nothing in the Services is investment, financial, legal, tax or accounting advice, or a recommendation to buy, sell or hold any security. Historical comparisons are hypothetical, are shown for context only, and are not an indication or guarantee of future performance.

You are solely responsible for any advice you give your clients and for every communication you send through the Services.

• You must be at least 18 and use the Services for your professional activities, not as a consumer.
• You must be a human. Accounts registered by bots or other automated methods are not permitted.
• You are responsible for keeping your password and account secure, and for all activity under your account. Tell us promptly if you suspect unauthorized access.
• You must give us accurate information and keep it current.

You work in a regulated industry, and you remain responsible for meeting the rules that apply to you. In particular, you are responsible for:

• reviewing and approving every email, chart, video and other communication before it is sent, including any content drafted with AI;
• obtaining any supervisory, compliance or firm approvals your regulator, dealer or firm requires before a communication is used (for example under the SEC Marketing Rule, FINRA Rule 2210, CIRO requirements or provincial securities rules);
• keeping the books and records your regulators require. VigiLens keeps an activity log you can export, but it is not a substitute for your firm's official archiving or recordkeeping system;
• the accuracy of the client information and portfolio details you enter, and whether a model portfolio fairly represents a client's account.

You own the information you put into the Services about your clients ("Client Data"). You are responsible for it: you confirm that you collected it lawfully, that you have any consent needed to store it with us and to contact those clients, and that your own privacy notices allow this use. For Client Data, you decide why and how it is processed, and we process it only on your behalf to provide the Services, as described in our Privacy Policy.

Our Data Processing Addendum sets out the terms on which we handle Client Data for you: what we may and may not do with it, the providers involved, how quickly we tell you about a security incident, and how the data is returned or deleted. It forms part of these Terms and applies automatically, so there is nothing separate to sign. It is published at /dpa and can be downloaded for your compliance file.

When you send messages through the Services:

• you choose the recipients and approve the content, and the messages are sent in your name;
• you must comply with anti-spam and electronic messaging laws, including Canada's Anti-Spam Legislation (CASL) and the US CAN-SPAM Act, including consent, identifying yourself, and honouring unsubscribe requests;
• you may only message people with whom you have a relationship. Purchased, rented or scraped lists are not permitted;
• VigiLens adds an unsubscribe link to client emails and stops sending to clients who use it. Don't try to work around an unsubscribe.

Parts of the Services use artificial intelligence, including drafting text, suggesting comparable historical periods and generating narration. AI output can be inaccurate, incomplete or unsuitable, and the same request can produce different results. You must review AI output before relying on it or sending it.

The figures VigiLens shows are measured from market data rather than written by AI, but market data can contain errors, and we don't guarantee its accuracy or completeness.

As between you and us, you own the content you create with the Services, including AI-assisted drafts. We don't use your Client Data to train AI models, and our AI providers don't use it to train theirs under the terms we use them on (see our Privacy Policy).

If you use a cloned voice, you confirm that the voice is your own, or that you have the speaker's express written consent to create and use it. You may not clone or imitate anyone else's voice. You can ask us to delete a cloned voice at any time, and we delete instant voice clones when your account is deleted.

Videos made with the Services are generated with AI narration and should not be presented to clients as a live or unedited recording.

Some features have monthly usage limits, such as the number of videos you can generate. We tell you before an action uses one of them.

You may not use the Services to:

• break any law or regulation, or infringe anyone's rights;
• send spam, or send messages that are false, misleading, harassing or promissory about investment returns;
• upload malicious code, or probe, scan or test the vulnerability of the Services without our written permission;
• access another customer's data, or try to get around security, rate limits or usage limits;
• copy, resell or reverse-engineer the Services, or use them to build a competing product.

We may remove content or suspend access that we reasonably believe breaks these rules. We'll tell you when we can.

VigiLens is currently offered without charge while billing is being set up. Before we start charging, we'll give you at least 30 days' notice by email, and you'll choose whether to continue on a paid plan.

Once billing is available, plans are billed in advance in Canadian dollars, fees are exclusive of applicable taxes, and plan changes and refunds will follow the terms shown when you subscribe. If we change prices for existing customers, we'll give at least 30 days' notice.

If a subscription ends or a payment fails for long enough, access to the Services is paused: nothing is sent, drafted or monitored for you, and the app is closed until a plan is active again. Your content is kept, and links your clients already received keep working. You can still download everything and close your account.

You can export your data at any time from Settings. You can delete your account from Settings: scheduled messages are cancelled and your client links stop working straight away, and after a 30-day grace period, during which you can change your mind, your account and its content are permanently deleted from our active systems. We can't recover it after that.

We may suspend or end your access if you materially breach these Terms, if your use creates a legal or security risk, or if we stop offering the Services. Except where the breach is serious or we're legally prevented, we'll give you notice and a reasonable chance to export your data first.

You give us a limited licence to host, copy, process and display the content you and your users put into the Services, only as needed to provide them to you. We claim no ownership of that content.

We, or our licensors, own the Services, including the software, design and the VigiLens name and logo. You may not copy or reuse them without our written permission. If you send us feedback, we may use it without any obligation to you.

We work hard to keep the Services running and secure, but they are provided "as is" and "as available", without warranties of any kind to the extent the law allows, and we don't promise they will be uninterrupted or error-free. Scheduled messages and monitoring checks can be delayed.

We may change or discontinue features. If a change significantly reduces what the Services do for you, we'll tell you in advance where we reasonably can.

We may update these Terms. When we make a significant change we'll update the effective date and ask you to accept the new version in the app. If you don't agree, you can stop using the Services and delete your account.

To the maximum extent permitted by law, neither JOLIVE Labs nor its directors, employees or suppliers will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, arising from or related to the Services, even if we were told they were possible.

To the maximum extent permitted by law, our total liability for all claims relating to the Services is limited to the fees you paid us for the Services in the 12 months before the event giving rise to the claim, or CA$100 if you haven't paid anything.

In particular, we are not responsible for investment decisions, for the regulatory treatment of communications you send, or for losses arising from market data errors.

You will defend and indemnify JOLIVE Labs against third-party claims, including regulatory proceedings, arising from the content you send, the Client Data you provide, or your breach of these Terms or of the law.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Ontario have exclusive jurisdiction over any dispute, unless the law of your place of residence requires otherwise.

Questions about these Terms? Email support@vigilensfinance.com.