1. Acceptance of terms
By accessing or using Xonark Technologies Inc. services, including Xona, you agree to these Terms of Service. If you do not agree, do not use the services.
2. Definitions
- Service means Xona and related Xonark AI phone, messaging, scheduling, workflow, dashboard, and support services.
- User or you means the individual, clinic, business, or organization using the Service.
- Account means your registered account and associated service settings.
- AI Agent means the automated phone, messaging, and workflow system used to assist callers and staff.
- Content means information, recordings, transcripts, settings, files, and materials processed through the Service.
3. Eligibility
You must be at least 18 years old and have authority to bind the clinic, business, or organization you represent.
4. Services
Xonark provides AI-assisted front-desk and workflow services for dental practices and related businesses, including call answering, appointment request handling, call routing, scheduling support where approved, SMS or email notifications, multilingual support, analytics, administrative dashboards, and integrations with existing business software.
5. User accounts
- Maintain the confidentiality of account credentials.
- Take responsibility for activity under your account.
- Provide accurate registration, billing, and configuration information.
- Notify us promptly of suspected unauthorized access.
6. Acceptable use
- Do not use the Service for illegal, harmful, deceptive, or unauthorized purposes.
- Do not reverse engineer, decompile, or attempt to extract source code or model behavior except where law permits.
- Do not use the Service to build a competing product.
- Do not transmit malware or harmful code.
- Do not interfere with service operation, security, networks, or other users.
- Do not impersonate others or harvest information without authorization.
7. Subscription and payment
Xonark may offer subscription, usage-based, or prepaid plans. You agree to pay fees for the plan you select, including applicable taxes. Payments are processed through payment providers such as Stripe. Subscription plans may renew automatically unless cancelled according to the plan terms.
8. Refund and cancellation policy
Prepaid or pay-by-use funds
- You may cancel pay-by-use access according to your plan.
- Used credits are non-refundable because they represent completed usage.
- Unused balances may be refundable on request, subject to payment-provider or processing fees.
- Setup fees, if applicable, are non-refundable unless stated otherwise in writing.
Subscription commitments
- Annual subscription service may require a one-year commitment with annual or monthly payment.
- Once payment is received, the subscription is active for the applicable term.
- Payments are non-refundable unless a written agreement says otherwise.
- Subscriptions renew at the end of the term unless cancelled on time.
- Cancellation to avoid renewal must be submitted at least seven days before the renewal date unless your order form says otherwise.
9. Intellectual property
Xonark retains all rights, title, and interest in the Service, software, workflows, interfaces, documentation, models, and related intellectual property. You receive a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during the subscription term. You retain ownership of your business data and authorize us to process it solely to provide and secure the Service.
10. Data privacy and security
Our collection, use, and protection of data is governed by our Privacy Policy and any applicable data-processing terms. You are responsible for obtaining required notices, consents, and authorizations for your clinic, callers, staff, and patients.
11. AI-generated content
The AI Agent generates responses, summaries, routing decisions, and workflow notes automatically. We work to improve accuracy, but AI-generated content may be incomplete or incorrect. You are responsible for reviewing and monitoring workflows, approved appointment types, clinical boundaries, and patient-facing instructions.
12. Service availability
We aim for reliable service but do not guarantee uninterrupted operation. Maintenance, third-party outages, telecom issues, integration failures, or force majeure events may affect availability. We may modify, suspend, or discontinue features with reasonable notice where practical.
13. Termination
Either party may terminate according to the applicable plan or written agreement. We may suspend or terminate access for non-payment, security risk, misuse, legal requirements, or violation of these Terms. After termination, access ceases and data may be retained or deleted according to our retention policies and legal obligations.
14. Disclaimer of warranties
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 THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XONARK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT PAID TO XONARK FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM.
16. Indemnification
You agree to indemnify and hold harmless Xonark, its affiliates, officers, directors, employees, contractors, and agents from claims, damages, losses, liabilities, and expenses arising from your use of the Service, your data, your workflows, your violation of these Terms, or your violation of law or third-party rights.
17. Governing law
These Terms are governed by the laws of British Columbia, Canada, without regard to conflict-of-law rules. Disputes will be resolved in the courts located in Vancouver, British Columbia, unless a written agreement states otherwise.
18. Changes to terms
We may modify these Terms from time to time. We will update the “Last updated” date and, where appropriate, provide notice by email or in-product. Continued use after changes become effective means you accept the modified Terms.
19. Support
Support is available at [email protected]. Support hours, response times, and onboarding assistance may vary by subscription plan or written agreement.
20. Contact information
Questions about these Terms can be sent to Xonark Technologies Inc., Vancouver, BC, Canada, at [email protected].