MarketingIQ

Terms of Service

Effective Date: June 2, 2026 Last Updated: June 2, 2026

These Terms of Service (the "Terms") govern your access to and use of the MarketingIQ software-as-a-service application provided by Jacques Amzallag, an individual operating as a sole proprietor with a mailing address at 4001 Crémazie East, unit 100, Montréal, Québec, H1Z 2L2, Canada ("MarketingIQ", "we", "us", "our").

By creating an account, using the Service, or clicking a box indicating acceptance of these Terms, you agree to be bound by them. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization, and "you" or "Customer" refers to that organization.

If you do not agree to these Terms, do not use the Service.

1. The Service

MarketingIQ provides a cloud-based software platform that helps property and casualty insurance brokers and their teams in Quebec manage marketing files, quote workflows, client communications, and related operations (the "Service").

We may change, add, or remove features of the Service at any time. Material reductions of functionality will be announced at least 30 days in advance to active paid subscribers.

2. Account Registration

To use the Service, you must register for an account. You agree to:

  • Provide accurate, complete, and current information during registration;
  • Maintain the security of your password and account credentials;
  • Promptly notify us at security@marketingiq.ca of any unauthorized access or use of your account;
  • Be responsible for all activity that occurs under your account.

You must be at least 18 years old to create an account. The Service is intended for use by insurance professionals in a business context and is not designed for personal or consumer use.

3. Workspaces, Roles, and Members

The Service is organized into workspaces. The user who creates a workspace is its initial owner. The owner may invite additional users as members or owners of the same workspace. Workspace owners are responsible for the conduct of all users they invite and for the management of all data and settings within their workspaces.

If you accept an invitation to join a workspace, you agree that the workspace owner may view and manage your participation in that workspace, including removing you and managing access to data you create within it.

4. Subscriptions, Plans, and Payment

4.1 Plans

The Service is offered through several plans:

  • Free — provided at no charge, with limited features and capacity;
  • Pro, Team, and Agency — paid plans with additional features, capacity, and AI Features (defined in Section 8).

The features included in each plan are described on our pricing page and may be updated from time to time. Material changes to paid-plan features will be communicated at least 30 days in advance.

4.2 Fees and billing

If you subscribe to a paid plan, you authorize us (and our payment processor) to charge the payment method you provide on a recurring basis according to the plan you selected. Subscriptions auto-renew at the end of each billing period unless cancelled in advance.

All fees are stated in Canadian dollars (CAD) unless otherwise specified, and are exclusive of applicable taxes (including GST and QST, where applicable), which we will collect where required by law.

4.3 Refunds

Fees are non-refundable except where required by applicable law. If you cancel a paid subscription mid-billing-period, you will continue to have access until the end of that period, and no pro-rated refund will be issued.

4.4 Failure to pay

If we are unable to collect fees through your payment method, we may suspend your access to paid features after a 14-day grace period during which we will attempt to notify you and re-attempt payment. Your account is not deleted during suspension; you can restore access by updating your payment method.

4.5 Free trials

We may offer free trials of paid plans. Free trials are subject to the same Terms as paid subscriptions, except no fees are charged during the trial period. We may modify or cancel free trials at any time.

5. Customer Content

5.1 Ownership

You retain all right, title, and interest in any content, data, or information you submit, upload, or generate using the Service ("Customer Content"). This includes the marketing files, client information, quotes, notes, attachments, and any other data you create or store using the Service.

We do not claim ownership of Customer Content. The Service is provided to you as a tool; the work product is yours.

5.2 License to operate the Service

You grant us a limited, non-exclusive, royalty-free, worldwide license to host, store, transmit, display, copy, modify (for technical purposes such as format conversion and indexing), and process Customer Content solely as necessary to provide and operate the Service for you. This license terminates when you delete the Customer Content or when your account is terminated, subject to our backup retention period described in our Privacy Policy.

5.3 We do not train AI models on your Customer Content

We do not use Customer Content to train, fine-tune, or improve any artificial intelligence or machine learning model — ours or any third party's. Our AI sub-processor (Anthropic) is contractually prohibited from training on data submitted via our integration with their API.

5.4 Personal information in Customer Content

You acknowledge that Customer Content typically includes personal information about third parties (your clients and prospects). With respect to that personal information:

  • You are the controller of that personal information under Quebec's Act respecting the protection of personal information in the private sector ("Law 25");
  • We are a service provider (mandataire) processing that information on your behalf;
  • You represent and warrant that you have a lawful basis to collect and share that information with us, that you have made all required disclosures to the data subjects, and that you have obtained all required consents;
  • A Data Processing Agreement is incorporated by reference into these Terms and governs our processing of personal information on your behalf. The DPA is available at /legal/dpa and is automatically binding on us and on any paid Customer.

6. Acceptable Use

You agree not to:

  • Use the Service in violation of any applicable law, including but not limited to Quebec's Law 25, the Personal Information Protection and Electronic Documents Act, the Insurers Act, or any regulation issued by the Autorité des marchés financiers ("AMF");
  • Use the Service to store or transmit unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content;
  • Use the Service to infringe any intellectual property right;
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except as expressly permitted by applicable law;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Attempt to gain unauthorized access to the Service, other accounts, or related systems;
  • Use automated means (other than our official APIs, if any) to access or extract data from the Service;
  • Resell, sublicense, or otherwise commercially distribute access to the Service without our prior written consent;
  • Use the Service to send unsolicited commercial communications (spam);
  • Upload viruses, malware, or any other malicious code.

We reserve the right to suspend or terminate your account if we determine, in our reasonable judgment, that you have violated this section.

7. AI Features

7.1 What AI Features do

Paid plans include AI-powered features (the "AI Features") such as parsing of uploaded insurance quotes and applications, side-by-side quote comparison, generation of client file summaries, and narration of analytics dashboards. AI Features are powered by Anthropic, our sub-processor described in our Privacy Policy and Sub-processor List.

7.2 AI is not a regulated professional

AI Features generate outputs based on patterns in data. AI Features:

  • Are not a substitute for your professional judgment as a licensed broker;
  • Do not constitute insurance advice, legal advice, or any other professional advice;
  • May produce inaccurate, incomplete, or misleading outputs, including outputs that appear authoritative but are incorrect ("hallucinations");
  • Must be reviewed by you before being relied upon or acted upon.

You agree that you are solely responsible for any decisions you make based on AI Feature outputs, and that you will independently verify any output before using it in your professional capacity or sharing it with clients, insurers, or third parties.

7.3 No automated decision-making about your clients

We do not use AI to make decisions about your clients on your behalf. AI Features support your work; they do not replace your decisions or your accountability for them.

7.4 Usage limits and overages

AI Features are subject to per-plan monthly usage quotas, described on our pricing page. Once a quota is reached, AI Features may be paused for the remainder of the billing period or may incur overage charges, depending on the plan you have selected.

7.5 Opt-out

You may opt out of AI Features at any time in your workspace settings. If you opt out, AI Features will not be invoked on your behalf and no Customer Content will be transmitted to our AI sub-processor.

8. Confidentiality

Each party may receive confidential information from the other in connection with the Service. Each party agrees to use the other party's confidential information only as necessary to perform under these Terms, and to protect it with at least the same degree of care it uses to protect its own confidential information of similar sensitivity (and no less than a reasonable standard of care).

"Confidential Information" does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was known to the receiving party before disclosure; (c) is independently developed without use of the disclosing party's information; or (d) is rightfully received from a third party without confidentiality obligations.

The obligations in this section survive termination of these Terms for a period of five (5) years, except with respect to trade secrets, for which the obligations survive indefinitely.

9. Intellectual Property

The Service, including all software, design, text, images, logos, and other content (excluding Customer Content), is owned by us or our licensors and is protected by Canadian and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service in accordance with these Terms during the term of your account.

No rights are granted to you except as expressly set out in these Terms. All other rights are reserved.

10. Warranties and Disclaimers

10.1 Mutual representations

Each party represents and warrants that it has the legal capacity to enter into these Terms and to perform its obligations under them.

10.2 Service warranty

We will use commercially reasonable efforts to make the Service available 24 hours per day, 7 days per week, subject to planned maintenance and circumstances beyond our reasonable control. We do not commit to a specific uptime percentage under these Terms (any service level agreement applicable to your plan, if any, will be communicated separately).

10.3 Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY OUTPUTS FROM AI FEATURES WILL BE ACCURATE OR RELIABLE.

To the extent any warranty cannot be disclaimed as a matter of applicable law, the duration of any such warranty is limited to ninety (90) days from the date of your first use of the Service.

11. Limitation of Liability

11.1 Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE FEES YOU PAID TO US UNDER THESE TERMS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

11.2 Excluded damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Exceptions

The limitations in this section do not apply to: (a) breaches of confidentiality obligations; (b) infringement of intellectual property rights; (c) indemnification obligations; (d) a party's gross negligence, intentional fault, or fraud; or (e) any liability that cannot be limited as a matter of applicable law.

11.4 Basis of the bargain

You acknowledge that the fees we charge reflect the allocation of risk in these Terms, and that the limitations in this section are an essential element of the bargain between us. The Service would not be provided to you without these limitations.

12. Indemnification

12.1 By you

You will indemnify, defend, and hold us harmless from any third-party claim, demand, or proceeding arising from: (a) your violation of these Terms; (b) Customer Content, including any claim that Customer Content infringes any right of a third party or violates any law; (c) your use of the Service in a manner not permitted by these Terms; or (d) your gross negligence or willful misconduct.

12.2 Process

Our right to indemnification is conditioned on us: (a) promptly notifying you of the claim; (b) granting you control of the defense and settlement of the claim (provided that you may not settle any claim that imposes liability or admits fault on us without our prior written consent); and (c) providing reasonable cooperation in the defense at your expense.

13. Term and Termination

13.1 Term

These Terms remain in effect for as long as you have an account with the Service.

13.2 Termination by you

You may terminate these Terms at any time by deleting your account from the workspace settings. If you have a paid subscription, deletion takes effect at the end of the then-current billing period unless you elect immediate termination (forfeiting access to the Service for the remainder of the period).

13.3 Termination by us

We may suspend or terminate your access to the Service immediately if: (a) you materially breach these Terms and fail to cure the breach within fourteen (14) days of written notice (or immediately for breaches that are not capable of cure); (b) we are required to do so by applicable law; or (c) we cease offering the Service (in which case we will give 60 days' advance notice and will assist you in exporting your Customer Content).

13.4 Effect of termination

Upon termination:

  • Your access to the Service ends;
  • We will retain Customer Content for 30 days after termination to allow for export, after which Customer Content will be deleted in accordance with our Privacy Policy;
  • You remain responsible for any fees accrued before termination;
  • Sections that by their nature should survive termination (including Sections 5.1, 8, 9, 10, 11, 12, 13.4, 14, 15) will survive.

14. Governing Law and Dispute Resolution

14.1 Governing law

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, excluding any conflict-of-laws rules.

14.2 Dispute resolution

The parties will first attempt in good faith to resolve any dispute by direct discussion. If a dispute cannot be resolved within thirty (30) days of written notice, it will be submitted to the exclusive jurisdiction of the courts of the Province of Québec sitting in the judicial district of Montréal, and both parties consent to that jurisdiction and venue.

14.3 Equitable relief

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or remedy a breach of confidentiality, intellectual property, or acceptable use obligations.

15. Modifications

15.1 To the Service

We may modify the Service from time to time, including by adding, changing, or removing features. We will provide reasonable advance notice of material adverse changes to paid plans (at least 30 days).

15.2 To these Terms

We may update these Terms from time to time. We will notify you of material changes at least 30 days before they take effect, by email or by a banner in the Service. Your continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the effective date.

The "Last Updated" date at the top of these Terms indicates the date of the most recent change.

16. Notices

We may give notice to you by:

  • email to the address associated with your account;
  • an in-app banner or notification;
  • posting a notice on the Service.

You may give notice to us by:

  • email to legal@marketingiq.ca; or
  • registered mail to: Jacques Amzallag, 4001 Crémazie East, unit 100, Montréal, Québec, H1Z 2L2.

Notices are deemed given when sent (for email and in-app) or three (3) days after deposit (for registered mail).

17. Language

These Terms are available in English and French. You accept these Terms in the language displayed to you at the time of acceptance. The version you accepted is the controlling version; the other-language version is provided for convenience. In the case of a discrepancy between language versions, the version you actually accepted prevails.

Les présentes Conditions sont disponibles en français et en anglais. Vous acceptez les présentes Conditions dans la langue qui vous est présentée au moment de l'acceptation. La version que vous avez acceptée est la version qui fait foi; la version dans l'autre langue est fournie à titre de référence. En cas de divergence entre les versions linguistiques, la version que vous avez effectivement acceptée prévaut.

18. General Provisions

18.1 Entire agreement

These Terms, together with our Privacy Policy and Data Processing Agreement (each incorporated by reference), constitute the entire agreement between you and us regarding the Service, and supersede any prior agreements between us regarding the Service.

18.2 Assignment

You may not assign these Terms or any of your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets, with notice to you.

18.3 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will continue in full force.

18.4 No waiver

A waiver of any provision of these Terms is effective only if in writing and signed by the waiving party, and a waiver of any breach is not a waiver of any subsequent breach.

18.5 Force majeure

Neither party will be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, acts of government, fire, flood, earthquakes, civil unrest, acts of terror, strikes, internet service provider failures or delays, or denial-of-service attacks.

18.6 Independent contractors

The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, or agency relationship.

18.7 No third-party beneficiaries

These Terms do not confer any rights on any third party, except as expressly stated.

18.8 Headings

Section headings are for convenience only and do not affect interpretation.

19. Contact

For questions about these Terms: legal@marketingiq.ca

Mailing address:

Jacques Amzallag 4001 Crémazie East, unit 100 Montréal, Québec H1Z 2L2 Canada

These Terms of Service were last updated on June 2, 2026.