Terms of Service

Last updated: June 2026

These Terms of Service (the “Terms”) are an agreement between you and Vivin Facilitators Ltd. (“Vivin”, “we”, “us”, “our”), an Ontario, Canada corporation. They govern your use of vivinsales.ca (the “Site”) and, together with any signed proposal, order form, or service agreement (a “Service Agreement”), the services we provide (the “Services”). If a Service Agreement conflicts with these Terms, the Service Agreement prevails for that engagement.

By using the Site, booking a call, or purchasing Services, you agree to these Terms. If you are agreeing on behalf of a company, you represent that you have authority to bind that company.

1. The Services

Vivin provides a done-for-you sales and marketing engine built around a podcast, which may include: identifying and inviting prospective podcast guests on your behalf; scheduling and producing recording sessions; editing and publishing episodes; creating derivative content (clips, quote graphics, carousels, transcripts, articles, newsletters, and social posts); search engine optimization of episode and site content; and related strategy and follow-through support. The specific deliverables, volumes, timelines, and pricing for your engagement are set out in your Service Agreement and on our pricing section.

2. Eligibility and accounts

The Site and Services are intended for business use by persons 18 years of age or older. You agree to provide accurate, current, and complete information when booking calls, signing up, or onboarding as a client, and to keep it updated.

3. Fees, billing, and taxes

  • Billing. Unless your Service Agreement says otherwise, fees are billed monthly, in advance, starting on your engagement start date.
  • Minimum term. Engagements have a three (3) month minimum term, because the channel requires a runway to compound.
  • Founding rates. Where offered, founding-cohort pricing is locked for twelve (12) months from your start date, conditional on continuous service.
  • Taxes. Fees are exclusive of applicable taxes (including HST/GST), which will be added where required.
  • Late payment. Overdue amounts may bear interest at 1.5% per month (19.56% per year) or the maximum rate permitted by law, whichever is less, and we may suspend Services for accounts more than 15 days overdue after notice.
  • No refunds. Except as expressly provided in the First-Month Guarantee below or in your Service Agreement, fees are non-refundable.

4. First-Month Guarantee

If we do not book at least one qualified guest for your show within the first thirty (30) days of your engagement, your first month’s fee will be refunded in full. “Qualified guest” means a guest who meets the ideal guest profile agreed with you during onboarding and who has confirmed a recording. The guarantee applies once per client, to the first month only, and requires that you have completed onboarding and made yourself reasonably available for recordings during the period.

5. Term, cancellation, and termination

  • After the minimum term, the engagement continues month to month. Either party may cancel with thirty (30) days’ written notice (email to contact@vivinsales.ca is sufficient). Fees remain payable through the end of the notice period, and we will continue to deliver Services during it.
  • Termination for cause. Either party may terminate immediately on written notice if the other party materially breaches these Terms or a Service Agreement and fails to cure within fifteen (15) days of notice, or becomes insolvent.
  • Effect of termination. On termination we will deliver all completed and in-progress deliverables that have been paid for, and hand over your show assets as described in section 7.

6. Your obligations

You agree to: (a) participate in recordings and reviews in a timely manner, since guest bookings depend on your availability; (b) provide accurate information and materials needed for onboarding and production; (c) only provide us materials (logos, music, images, copy) that you have the right to use, and grant us the licenses needed to deliver the Services; (d) treat guests professionally; the relationships and goodwill created through the show depend on it; and (e) use the Services in compliance with applicable laws, including privacy and anti-spam laws, in your own follow-up with guests and prospects.

7. Intellectual property

  • Your show is yours. Upon payment, you own your show’s brand, episodes, recordings, and the deliverables we produce for you, except as set out below.
  • Our engine is ours. Vivin retains all rights to its pre-existing and underlying materials: methods, workflows, software, prompts, templates, and know-how. To the extent any of these are embedded in deliverables, you have a perpetual, non-exclusive license to use them as part of your deliverables.
  • License to us. You grant Vivin a non-exclusive license to use, reproduce, edit, and distribute your materials and deliverables as needed to provide the Services (for example, publishing episodes to platforms on your behalf).
  • Portfolio. We may identify you as a client and showcase published work we produced for you in our portfolio and marketing unless you ask us in writing not to.
  • Guest content. Guests consent to recording and publication as described in our Privacy Policy. You agree not to use guest recordings in ways that are misleading or materially out of context.

8. Guest outreach and third parties

Outreach to prospective guests runs through Vivin’s systems and infrastructure. We will use reasonable efforts to book guests matching the profile agreed with you, but we do not guarantee that any specific individual will accept, appear, or become a customer. Podcast platforms (such as Spotify, Apple Podcasts, and YouTube), scheduling tools, and other third-party services used in delivering the Services are governed by their own terms, and we are not responsible for their availability or actions.

9. Acceptable use of the Site

You agree not to: misuse the Site or attempt to access it using a method other than the interface we provide; scrape, harvest, or bulk-extract content or data; interfere with its operation or security; or use it for any unlawful purpose. We may suspend access for violations.

10. Disclaimers

Other than the express First-Month Guarantee, we do not guarantee specific business outcomes, including revenue, pipeline, audience size, downloads, rankings, or conversions; these depend on factors outside our control, including your market, offer, pricing, and participation. The Site and its content are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Content on the Site (including our Insights articles) is general information, not professional advice.

11. Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill; and (b) Vivin’s total aggregate liability arising out of or related to the Site, these Terms, or the Services is limited to the fees you paid to Vivin in the three (3) months preceding the event giving rise to the claim. These limits do not apply to liability that cannot be limited under applicable law, to a party’s fraud or wilful misconduct, or to your payment obligations.

12. Indemnification

You will defend and indemnify Vivin against claims, damages, and costs (including reasonable legal fees) arising from: materials you provide to us; your products, services, and representations to your customers; or your breach of these Terms or applicable law. We will defend and indemnify you against third-party claims that deliverables we created (excluding materials you provided) infringe Canadian copyright, provided you promptly notify us and allow us to control the defence.

13. Confidentiality

Each party will protect the other’s non-public business information received in connection with the Services, use it only to perform under these Terms, and not disclose it except to personnel and providers who need it and are bound by confidentiality, or as required by law. This obligation survives termination for two (2) years; trade secrets are protected for as long as they remain trade secrets.

14. Force majeure

Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including outages of third-party platforms, internet failures, labour disputes, and acts of government or nature, provided the affected party uses reasonable efforts to resume performance.

15. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws rules. The parties submit to the exclusive jurisdiction of the courts of the Province of Ontario for any dispute arising out of or relating to these Terms, the Site, or the Services.

16. General

  • Entire agreement. These Terms, together with the Privacy Policy and any Service Agreement, are the entire agreement between you and Vivin regarding the Services and supersede prior discussions.
  • Order of precedence. A signed Service Agreement prevails over these Terms; these Terms prevail over Site content.
  • Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Severability and waiver. If a provision is held unenforceable, the rest remains in effect; failure to enforce a provision is not a waiver.
  • Notices. Legal notices must be sent by email to contact@vivinsales.ca; we will send notices to the email on your account.
  • Changes. We may update these Terms from time to time. The “Last updated” date reflects the current version; material changes will be posted on this page and, for active clients, notified by email. Continued use of the Site or Services after changes take effect constitutes acceptance.

17. Contact

Vivin Facilitators Ltd. contact@vivinsales.ca