Terms of Service

1. Acceptance of Terms

By accessing or using Xonark Technologies Inc.'s services ("Xonark"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

2. Definitions

• "Service" refers to Xonark's AI-powered receptionist (e.g.: "XONA AI""XonaAuto AI") platform for tire shops
• "User" or "You" refers to the individual or business entity using our Service
• "Account" refers to your registered account with Xonark
• "AI Agent" refers to our automated phone answering and customer service system
• "Content" refers to all data, information, and materials provided through the Service

3. User Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using Xonark's AI, you represent and warrant that you meet these requirements.

4. Description of Services

Xonark provides an AI-powered receptionist service specifically designed for dental practices and tire shops, including:

• 24/7 automated phone answering with AI
• Appointment scheduling and management
• Customer inquiry handling
• Call forwarding and routing
• AI SMS and Email notification
• Multilingual support
• Administrative dashboard with analytics
• Integration with existing business software

5. User Accounts

To use our Service, you must create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Providing accurate and complete information during registration

6. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Attempt to reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to develop competing products or services
• Transmit any viruses, malware, or harmful code
• Interfere with or disrupt the Service or servers
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Collect or harvest information about other users

7. Subscription and Payment

Xonark operates on a subscription basis or pay-as-you-go (pre-paid funds). By subscribing, you agree to:

• Pay all fees associated with your chosen subscription plan
• Automatic renewal of your subscription unless cancelled
• Price changes with 30 days' notice

All payments are processed securely through our payment provider, Stripe.

8. Refund & Cancellation Policy

Pay by Use - Prepaid Funds

• You may cancel your pay-by-use subscription at any time.
• Used credits are non-refundable, as they represent completed usage.
• Unused balances may be refunded upon request, subject to a 3% processing fee.
• Setup fees, if applicable, are non-refundable.

Subscription Commitment

• Our annual subscription service is based on a one-year commitment with annual or monthly payment.
• Once payment is received, the subscription is active for the full one-year term.
• All payments are non-refundable, including in cases of early cancellation or unused service periods.
• The subscription will automatically renew at the end of each term unless canceled.
• To avoid renewal, cancellation must be submitted at least seven (7) days before the renewal date.
• Monthly payment does not allow pausing or skipping payments; the commitment remains active for the full year.

9. Intellectual Property

XonaAuto AI retains all rights, title, and interest in the Service, including all intellectual property rights. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service for your business purposes.

You retain ownership of your business data and customer information. By using our Service, you grant us a license to process this data solely to provide the Service.

10. Data Privacy and Security

We take data privacy seriously. Our collection, use, and protection of your data is governed by our Privacy Policy. We implement industry-standard security measures to protect your information.

11. AI-Generated Content

Our AI Agent generates responses and handles customer interactions automatically. While we strive for accuracy, we cannot guarantee that all AI-generated content will be error-free. You are responsible for reviewing and monitoring the AI's interactions with your customers.

12. Service Availability

We aim to provide 99.9% uptime but cannot guarantee uninterrupted service. We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice.

13. Termination

Either party may terminate this agreement at any time. You may cancel your subscription through your account dashboard. We may terminate or suspend your account for violations of these Terms or for any other reason with reasonable notice.

Upon termination, your access to the Service will cease, and we may delete your data after a reasonable retention period.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XONARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

16. Indemnification

You agree to indemnify and hold harmless Xonark AI, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of the Service or violation of these Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Vancouver, British Columbia.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, by email. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

19. Support

We provide email support at info@xonark.com. Support hours and response times vary by subscription plan.

20. Contact Information

If you have questions about these Terms, please contact us: