These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the philer.ai website (“Website”), “Philer” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Non-Legal Services”). For the purposes of this Agreement, Non-Legal Services are defined as any Philer product or service available via the Website or Mobile Application, with the exception of legal services rendered by Aura Law, a separate law firm. This Agreement is legally binding between you (“User”, “Visitor”, “you” or “your”) and Philer Inc. (doing business as “philer”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “Visitor”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Non-Legal Services. By accessing and using the Non-Legal Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Philer, even though it is electronic and is not physically signed by you, and it governs your use of the Non-Legal Services.
Philer Inc. is not a law firm, although you may choose to enter an engagement for legal services with Aura Law, which is a separate entity accessible via the website secure.philer.ai.
When you first access philer.ai, you are on the Philer Inc. website. You will have options to access the blog, to learn more about pricing for Aura Law’s services, and to access other non-legal services.
Until you engage Aura Law for legal services, we refer to you as a “Visitor.” When you enter an engagement with Aura Law by accepting the terms in its Engagement Letter, they will refer to you as a “Client”. These terms and conditions apply to Visitors and only to your use of the Non-Legal Services.
You may encounter Non-Legal Services even after accepting the terms of the Aura Law Engagement Letter. These Non-Legal Services include offers from our marketing partners, and recommendations to make your home ownership journey a success. These Non-Legal Services, and your use of these features is governed by these Terms & Conditions, not the Engagement Letter.
The content on our blog page and information provided anywhere else on our Website or Mobile Application should not be relied upon as accurate, timely or fit for any particular purpose.
Information made available on the Website or Mobile Application is not directly generated for your legal matter, and is for informational purposes only. It is not, and should not be taken as legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something that you have read on elsewhere on the Website or Mobile Application. Prior results, articles, and case studies or other materials available on the Website or Mobile Application do not guarantee a similar outcome in future representation. You are advised to seek specific legal advice in relation to your specific legal issues.
You must be at least 18 years of age to use the Non-Legal Services. By using the Non-Legal Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Non-Legal Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Non-Legal Services. We may block your email address and Internet protocol address to prevent further registration.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to change products and product pricing at any time, but we will not increase fees for contracted services midway through an engagement unless the required services change.
If auto-renewal is enabled for the Non-Legal Services you have subscribed for, you will be charged automatically in accordance with the term you selected.
The access and downloading of content from Philer is done at your own risk. Philer cannot and does not guarantee or warrant that the Website or Mobile Application are compatible with your computer systems or that the Website or Mobile Application will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Website or the Mobile Application.
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Occasionally there may be information on the Non-Legal Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Non-Legal Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Non-Legal Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Non-Legal Services should be taken to indicate that all information on the Non-Legal Services or Non-Legal Services has been modified or updated.
Philer leverages third party service providers to deliver Non-Legal Services. All of these third party service providers are SOC 2 compliant, meaning that they adhere to the highest standards of information security. We will not integrate with any third party service provider that is not SOC 2 compliant.
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Philer with respect to such other services. Philer is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Philer to disclose your data as necessary to facilitate the use or enablement of such other service.
During your use of the Non-Legal Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Non-Legal Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Although the Non-Legal Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Non-Legal Services may be “affiliate links”. This means if you click on the link and purchase an item or service, Philer will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Non-Legal Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Non-Legal Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Non-Legal Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Non-Legal Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Non-Legal Services for violating any of the prohibited uses.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Philer or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with philer. All trademarks, service marks, graphics and logos used in connection with the Non-Legal Services, are trademarks or registered trademarks of Philer or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Non-Legal Services may be the trademarks of other third parties. Your use of the Non-Legal Services grants you no right or license to reproduce or otherwise use any of Philer or third party trademarks.
You agree that Non-Legal Services are provided on an “as is” and “as available” basis and that your use of the Non-Legal Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Non-Legal Services will meet your requirements, or that the Non-Legal Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Non-Legal Services or as to the accuracy or reliability of any information obtained through the Service or that defects in the Non-Legal Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Non-Legal Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Non-Legal Services or any transactions entered into through the Non-Legal Services unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Non-Legal Services shall create any warranty not expressly made herein.
(a) We shall not be liable to you, or any third party, for any losses, damages, charges or costs arising from (a) any input errors caused by you; (b) omissions in the data you provide us; or (c) content you publish to the Site.
(b) To the fullest extent permitted under applicable law, under no circumstance will we be liable to you, or any third party, for (i) direct damages in an amount that exceeds the total amount previously paid by you to us in the 12 month period preceding the event from which the liability arose, if you or the third party (as applicable) are located outside of the Province of Ontario; (ii) direct damages in an amount that exceeds $2,500 in the aggregate or the total amount previously paid by you to us in the 12 month period preceding the event from which the liability arose, whichever is greater, if you or the third party (as applicable) are located inside of the Province of Ontario; and (iii) any indirect, special, incidental, consequential, punitive or exemplary damages whether based in contract, tort, negligence or any other legal basis, arising out of or in connection with the Website or Non-Legal Services; provided, however this limitation of liability shall not apply to any fraud, criminal misconduct, wilful misconduct, gross negligence or malicious or dishonest acts or omissions.
(c) Subject to the limitations and exclusions of liability in (a) and (b) above, in the event of a data breach of our systems arising from our negligent act or omission in which your personal information has been disclosed to a third party, we will provide you with reasonable identity theft protection services on terms and conditions determined by us in our sole discretion.
(d) You acknowledge that the forgoing limitations and exclusions of liability are reasonable in the commercial circumstances contemplated in these Terms and that we have relied on such limitations and exclusions in entering into these Terms.
You agree to indemnify and hold Philer and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable lawyers’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Non-Legal Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this Agreement or its terms related to the Non-Legal Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Non-Legal Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Philer is an active participant in the Law Society of Ontario’s (LSO) Access to Innovation (A2I) project. It is important for you to be aware of the following:
As part of philer’s participation in the A2I project, your personal information may be disclosed to the LSO to ensure philer’s compliance with the terms of A2I and the evaluation of A2I by the LSO. By agreeing to these terms, you agree to the disclosure of your information to the LSO.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Non-Legal Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Non-Legal Services.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: