Ring to Revenue AI

Legal

TERMS OF SERVICE

Nexavyn Technologies Inc., operating as Ring to Revenue AI

Effective Date / Last Updated: June 2026

Nexavyn Technologies Inc. ("Nexavyn," the "Company," "we," "us," or "our") is a corporation incorporated in Canada and registered in the Province of Ontario, Canada, operating under the brand name Ring to Revenue AI. The Company operates online from Ontario, Canada, and its website is https://www.ringtorevenue.io/. In these Terms, "You," "your," "Customer," "Business Customer," "Client," or "Business Owner" means the business that subscribes to, accesses, or uses the Service.

By accessing, using, purchasing, subscribing to, or continuing to use the Service, You Acknowledge and Agree to be bound by these Terms. If You do not agree, do not use the Service.


1. ACCEPTANCE OF THE TERMS

By accessing, using, purchasing, subscribing to, or continuing to use the Service, You Acknowledge and Agree to be bound by these Terms, and You Acknowledge and Agree that You are entering into these Terms with Nexavyn Technologies Inc., the legal entity that owns and operates the Ring to Revenue AI brand and provides the Service under that brand name. You represent that you have authority to bind the business on whose behalf you accept. These Terms incorporate by reference any Order Form, pricing page, Privacy Policy, and Acceptable Use Policy.

2. DEFINITIONS

  • “Company,” “Nexavyn,” “Ring to Revenue,” “Ring to Revenue AI,” “we,” “us,” “our”Nexavyn Technologies Inc. (“Nexavyn”), the parent company and legal entity that owns and operates the Ring to Revenue AI business and brand and provides the Service under that brand name, together with any affiliated, related, successor, assigned, or other entity that now or in the future owns, operates, manages, provides, supports, or continues the Service. These terms may be used interchangeably, and “Nexavyn” or “Nexavyn Technologies Inc.” may be used in place of “the Company” anywhere in these Terms — particularly in disclaimers and protective provisions.
  • "Service," "AI Call Assistant," "AI Voice Agent" — the AI Call Assistant and related business communication services described in §3, including the AI Voice Agent and the Service's systems, tools, infrastructure, features, functionality, call‑handling workflows, configurations, automations, and business communication services made available under the Ring to Revenue AI brand. These terms may be used interchangeably where the context permits.
  • “Protected Parties”Nexavyn Technologies Inc., the Ring to Revenue AI business and brand, and their respective owners, founders, management, employees, personnel, contractors, suppliers, third‑party service providers, technical service providers, connected‑system providers, affiliates, agents, representatives, and any other person or entity involved in, connected to, or associated with Nexavyn or Ring to Revenue AI. Wherever these Terms provide that the Company or Nexavyn disclaims liability or responsibility, is not responsible, makes no guarantee, is released, or is otherwise protected, that disclaimer, release, and protection applies equally to Nexavyn, Ring to Revenue AI, and all Protected Parties — each of which is fully protected to the fullest extent permitted by applicable law.
  • "Transfer Numbers" — one or more live phone numbers designated by the Customer to receive transferred calls.
  • “Connected Systems” — also referred to as “Connections,” “Connected Business Tools,” “Business Tools,” “External Business Tools,” or “External Systems” (these terms are synonymous) — the Customer’s calendar(s) and other related business tools that are connected to, used with, or made available in connection with the Service through supported connection methods (for example, to enable real‑time availability and appointment booking, rescheduling, and cancellation).
  • "Third‑Party Services" (also referred to as third‑party integrations; the terms are used synonymously) — the third‑party service providers integrated into, used by, or made available in connection with the Service, together with the applicable software, systems, tools, services, infrastructure, features, functionality, and related components of those providers.
  • "Call Data" — call recordings, call transcripts, call summaries, captured caller information and call details, appointment details, and related records, logs, and outputs generated, collected, stored, processed, transmitted, or made available in connection with the Service.
  • Call‑related terms — references to call details, call information, caller‑provided details or information, call content, call‑related details or information, important details or information, appointment details or information, captured details or information, and similar terms refer to information, content, statements, details, or materials communicated, provided, generated, captured, or reflected during or arising from interactions between a caller and the AI Voice Agent in connection with a call, and may be used interchangeably or with substantially similar meaning throughout these Terms except where the context requires a narrower or more specific meaning.
  • "Caller" — any person who calls, contacts, or interacts with the Service or the AI Voice Agent, including your customers, potential customers, and any other caller.
  • "Customer Data" — the data, information, content, instructions, configurations, and materials that You provide, submit, input, or make available to the Service, or that are generated on your behalf in connection with your use of the Service. Customer Data includes Call Data.
  • "Order Form" — any order form, sign‑up, checkout, pricing page, subscription selection, or other ordering document or process through which You subscribe to or purchase the Service and that references these Terms.
  • "Fees" — the Setup Fee, the monthly Subscription Fees, and any other amounts payable for the Service, as described in §23.
  • "Documentation" — any user guides, instructions, help materials, or other documentation that the Company makes available for the Service.
  • "Confidential Information" — non‑public information disclosed by or on behalf of the Company in connection with the Service, including the Service's underlying technology, methods, processes, trade secrets, and other non‑public features (see §25).

3. DESCRIPTION OF THE SERVICE

The Company provides an AI Call Assistant and related business communication services designed to help businesses answer, handle, and manage inbound calls and related communications. The Service may include, without limitation:

  • Call answering — including on a 24/7 basis where configured, available, and supported;
  • Call handling;
  • Call routing and transfers to live personnel using one or more Transfer Numbers, where enabled;
  • Caller qualification;
  • Collection of call details and caller information — including names, phone numbers, reasons for calling, appointment details, and other caller‑provided information;
  • Appointment scheduling, rescheduling, and cancellations;
  • Appointment confirmation and reminder communications;
  • Messaging communications, including SMS text messages; and
  • Generation of call summaries, transcripts, recordings, captured details, and related logs, where enabled.

The Company generally delivers the Service by configuring and deploying a custom AI Voice Agent for the Customer's business phone number, optionally connecting it to Connected Systems for real‑time availability, and configuring operating rules, routing criteria, workflows, and training using the business information, instructions, and materials the Customer provides (including services offered, preferred call flow, questions to ask, information to collect, and communication tone or style).

The Service is intended for business customers on a business‑to‑business (B2B) basis, including home services and trades; healthcare and medical; rehabilitation and wellness; veterinary and pet care; food and hospitality; beauty and personal care; real estate services (including brokerages, development, investment, and related businesses); professional services (including accounting, financial, investment, legal, insurance, and related businesses); and other small‑to‑medium businesses. Availability, functionality, performance, and suitability of any feature may vary based on configuration, enabled settings, Connected Systems, Third‑Party Services, business type, and other factors. Service hours and availability are addressed in §26; Call Data in §20; SMS and messaging in §21; evaluation access (free trial and live demo) in §22. The Service is software/automation — not a human employee or live agent, and not a professional, legal, medical, financial, or emergency service.

Purpose (neutral statement, in place of the longer mission text): the Service is intended to help businesses reduce missed inbound‑call opportunities and support lead capture, caller qualification, appointment scheduling, and business communications. This statement is informational only — see §9.

4. HOW THE SERVICE WORKS — AI NATURE, LIMITATIONS & RISKS

The Service is AI‑assisted and automated. Whether any particular feature is enabled depends on configuration, enabled settings, and connected integrations. Because the Service is probabilistic and automated, it may mishear, misunderstand, misdetect, misinterpret, mistranscribe, misroute, miss context, fail to capture a lead, produce incomplete or inaccurate output, or experience errors. The accuracy of output such as call recordings, transcripts, summaries, and captured details depends on what the caller says and provides, the quality and clarity of the caller's audio, connection quality, background noise, the caller's accent and pronunciation, speech‑recognition and processing performance, and the AI's ability to hear, detect, interpret, and process the information; as a result, information — including names, phone numbers, contact details, call details, appointment details, and reasons for calling — may be misheard, misunderstood, omitted, mistranscribed, or otherwise inaccurately captured, in whole or in part. Call summaries are a convenience feature and may additionally oversimplify, shorten, paraphrase, reorganize, or omit information, may fail to capture all relevant details, context, or caller intent, and depend on the accuracy and completeness of the underlying recording, transcript, or captured details used to generate them.

AI Output is not advice and must be reviewed and verified by You (see §17). The Service is not for emergencies, and must not be used for any professional, regulated, or licensed advice — see §5 (No Professional Advice) and §8 (Acceptable Use, Prohibited Uses & No Emergency Use).

5. NO PROFESSIONAL ADVICE

No professional, regulated, or licensed advice. Regardless of the industry, profession, or business type served, the Service is not a provider of professional services and does not provide, and must not be used or relied upon for, any form of professional, regulated, or licensed advice, guidance, recommendation, analysis, judgment, opinion, diagnosis, treatment, or any similar service or output (collectively, "Advice"). Without limitation, the Service does not provide any:

  • healthcare or medical advice;
  • dental advice;
  • legal advice;
  • financial, accounting, investment, or insurance advice;
  • veterinary advice; or
  • any other professional, regulated, or licensed advice.

Administrative, operational & communication use only. Where the Service is used by businesses in regulated, licensed, or professionally governed industries (including medical, healthcare, legal, accounting, financial, investment, insurance, or similar), it is intended solely for administrative, operational, and communication‑related functions — such as call answering, handling, routing and transfers, caller qualification, appointment scheduling, collecting call details and caller information, generating summaries/transcripts/recordings, and taking messages. Any communication, statement, response, message, summary, transcript, or other information, detail, data, or output generated, delivered, or communicated by the Service is provided solely for communication‑support, administrative, informational, and appointment‑scheduling purposes, must not be relied upon as Advice or any regulated or licensed service, and does not replace any licensed, qualified, or regulated professional or human professional judgment, discretion, or decision‑making.

Acknowledgement & your responsibilities. You Acknowledge and Agree that no output of the Service may be used or relied upon as any form of professional, regulated, or licensed advice, guidance, recommendation, analysis, judgment, diagnosis, treatment, or other professional determination. You are solely responsible for ensuring that the Service is used only for appropriate communication‑support, administrative, informational, and appointment‑scheduling purposes, and that no caller, customer, client, patient, prospect, or other person is led to believe that the Service provides any Advice or professional services.

Disclaimer (no professional advice). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any issue or consequence arising out of or relating to: (a) any use of, or reliance on, the Service as a source of professional, regulated, or licensed advice, guidance, recommendation, analysis, judgment, diagnosis, treatment, or any similar service or output; (b) any use of the Service beyond its intended communication‑support, administrative, informational, and appointment‑scheduling purposes; and (c) any resulting loss, liability, damage, cost, expense, or other issue or consequence, including any professional, regulatory, licensing, business, caller, customer, client, patient, or prospect‑related issue arising out of or relating to any such use, reliance, or misuse.

6. CUSTOMER ACKNOWLEDGEMENTS AND AGREEMENTS

By accessing or using the Service, You Acknowledge and Agree that:

  1. You are entering into these Terms with Nexavyn Technologies Inc., and the Service may be operated, provided, supported, assigned, transferred, or continued by Nexavyn Technologies Inc. or any affiliated, related, successor, or assigned entity.
  2. The Company's operations are based in Vaughan, Ontario, Canada, and these Terms are intended to be governed by the laws of Ontario and the federal laws of Canada applicable therein (see §29).
  3. The Service is an AI‑assisted business communication system; certain features may or may not be enabled depending on configuration; and You are solely responsible for determining whether the Service and its outputs are appropriate, suitable, and sufficient for your business, personnel, customers, and intended use.
  4. The Service records, transcribes, and summarizes calls by default, and recordings, transcripts, summaries, and other Call Data may be stored in your dashboard and used for the purposes described in §20; You are solely responsible for caller notice, consent, and legal compliance as described in §19.
  5. Call recordings, transcripts, summaries, and captured details are generated automatically, may contain errors or inaccuracies, are a convenience feature and not a substitute for verification, and must be reviewed and verified by You as described in §17; You must not rely on them as the sole basis for action where verification is reasonably necessary.
  6. Call Data may be deleted or become unavailable; the Company does not maintain a fixed retention period and may implement one at any time; customers cannot currently self‑delete Call Data; and You are solely responsible for exporting and retaining any Call Data You wish to preserve (see §20).
  7. The Service is not a professional service, and its outputs are for administrative, operational, and informational purposes only — not medical, legal, financial, or other professional advice — and must not be relied upon or presented as such (see §4).
  8. If SMS or messaging is enabled, You authorize the Service to send automated appointment‑related SMS text messages to your callers on your behalf; messaging availability, timing, formatting, delivery, and receipt are not guaranteed; and a caller's opt‑out may limit or prevent further messaging to that caller (see §21).
  9. No AI voice system, telecommunications system, or internet‑based service can guarantee that all calls will be answered, handled, routed, or transferred, or that any message will be delivered or received, or that the Service will be uninterrupted, error‑free, complete, or available at all times; and unsuccessful or incomplete interactions, delays, interruptions, and inaccuracies may occur (see §§9, 26).
  10. The Service may be configured, adjusted, tested, refined, improved, or otherwise changed, including during any early‑stage, evaluation, free‑trial, or live‑demo period, and its behavior, features, availability, and performance may vary (see §§26, 30).
  11. The Company may use recordings, transcripts, summaries, and other Call Data to review, maintain, troubleshoot, improve, develop, refine, support, and operate the Service and to train and refine the AI Voice Agent, as described in §20.
  12. The Service depends in part on the data, credentials, permissions, configurations, settings, and instructions in your Connected Systems, and any inaccurate, incomplete, expired, unauthorized, or misconfigured account, credential, permission, configuration, setting, data, or instruction may cause errors or service, functionality, availability, booking, rescheduling, cancellation, messaging, routing, or other issues (see §§7, 16).
  13. Any purpose, mission, coverage, availability, or service‑overview statement is general and contextual only and is not a guarantee, warranty, representation, or commitment of performance or results (see §9).

7. CUSTOMER RESPONSIBILITIES AND OBLIGATIONS

You are solely responsible for:

  1. Determining whether your access to and use of the Service is appropriate, suitable, and lawful for your business, industry, and circumstances — including all applicable laws, regulations, privacy and professional obligations, licensing requirements, and industry‑specific standards.
  2. Caller notice and consent: providing any required notices to, and obtaining any required consents from, your callers for call recording, transcription, and summarization, and otherwise complying with applicable laws as described in §19.
  3. Reviewing, approving, and ensuring the accuracy and suitability of all configurations, features, settings, rules, and instructions for your business and intended use.
  4. Providing accurate and complete business information, instructions, and materials used to configure and train the AI Voice Agent.
  5. Call routing and transfers: providing accurate, current Transfer Numbers; specifying which calls should be transferred and which the AI Voice Agent may handle independently, and the rules, criteria, and conditions for transfers; ensuring you have all necessary rights and authorization to use any Transfer Numbers you provide; and ensuring live personnel are available to receive transferred calls whenever transfer availability is expected or desired by the caller, and to receive and respond to callbacks, follow‑up communications, and messages, where applicable.
  6. SMS and messaging: reviewing, approving, and ensuring that your messaging settings and the timing of confirmation, reminder, and other appointment messages are appropriate, suitable, and compliant for your business, industry, callers, and scheduling practices; ensuring opted‑out callers continue to receive any necessary or legally required information through other appropriate channels (such as phone, email, or voicemail); and ensuring your SMS use and opt‑out handling comply with applicable law (see §§21, 19).
  7. Connected Systems and integrations. You are responsible for:
    • Identifying and informing the Company of the calendars, connected systems, and business tools your business uses, and maintaining active, valid, authorized, and properly functioning accounts with them.
    • Providing accurate, current, and complete credentials, permissions, access rights, and authorizations necessary to connect, access, use, and maintain such Third‑Party Services and connections.
    • Ensuring you have all necessary rights, authority, and permissions to connect, access, use, and share data (including caller, customer, appointment, and business data) through any integration or connection.
    • Reviewing and approving the configuration of any Connected Systems and Third‑Party Services, and ensuring any connection you request is lawful, authorized, appropriate, and suitable.
    • Reviewing, understanding, and complying with the applicable terms, policies, and requirements of any Third‑Party Service you use (see §16).
    • Ensuring your Connected Systems are properly configured, accurate, current, authorized, synchronized, and appropriate — including the accuracy, completeness, appropriateness, and proper configuration of your:
      • Business hours and availability: regular business hours; closures, after‑hours, and holiday hours; service‑availability settings; staff availability; real‑time availability; and availability rules and settings.
      • Appointment and scheduling: appointment and service types; appointment rules and settings; time‑between‑appointments rules; and booking, rescheduling, cancellation, and other scheduling rules and settings.
      • Appointment‑related communications: confirmation, reminder, rescheduling‑notification, cancellation‑notification, and SMS messaging settings.
      • Call handling, qualification, and intake: call‑handling rules and settings; caller‑qualification questions, responses, processes, rules, and settings; and call‑intake questions, responses, and detail/data‑capture fields and settings.
      • Call routing and workflows: call‑routing rules and settings (including transfers, escalations, and handoffs); and missed‑call rules and settings (including callbacks and related workflows).
      • Business, contact, and telecommunications: business location, service area, department, and contact settings; and phone number and telecommunications settings, where applicable.
      • Connected‑system settings: calendar and connected‑business‑tool settings and data; and calendar settings, data, synchronization settings, and permissions.
      • Data records: contact, customer, and caller records and related data fields stored in connected systems; and routing, scheduling, appointment, call, caller, customer, and other business data used with the Service.
      • Access, credentials, and permissions: the credentials, permissions, access rights, authorizations, and administrative access necessary for the Service, Third‑Party Services, and connections to function properly.
      • Anything else: any other rules, settings, data, permissions, credentials, access rights, authorizations, configurations, workflows, processes, or operational details relating to the Service or any related systems, tools, features, services, workflows, or business operations.
    • The rules, settings, instructions, preferences, and configurations that govern how the AI Voice Agent answers calls, handles caller interactions, qualifies callers, books, reschedules, and cancels appointments, routes calls, sends messaging, or otherwise performs related functions (see §16).
    • Reviewing, understanding, and complying with the terms of service, privacy policies, acceptable‑use policies, and other terms, policies, rules, and requirements of any Third‑Party Services you use in connection with the Service (see §16).
  8. Understanding and accepting the operational limitations of AI systems, telecommunications systems, internet‑based services, and Third‑Party Services.
  9. Reviewing, confirming, and verifying all important and business‑critical information as described in §17.
  10. Retaining your own records: exporting, saving, documenting, backing up, or otherwise retaining any Call Data you wish to preserve for your records, legal or regulatory compliance, internal documentation, business operations, appointment management, customer communications, follow‑up, or any other purpose, to the extent supported by the Service (the Company does not guarantee retention or availability — see §20).
  11. Professional/regulated use: ensuring the Service is used only for lawful administrative, operational, and communication purposes permitted in your industry, and ensuring no caller, customer, client, patient, or other person is led to believe the Service provides professional advice or any regulated, licensed, or professional service (see §4).
  12. Your own use of the Service, account activity, business operations, performance and outcomes, and communications with your own customers and callers — including how You operate, manage, oversee, and optimize your business, how You interact with and provide services to your customers, and how You convert leads, opportunities, or customer interactions into revenue. The Service does not replace, reduce, or assume your responsibility for operating, managing, maintaining, and optimizing your business.
  13. Your own systems and connectivity: your phone systems, carrier services, network and internet connectivity, caller connectivity, communications systems, and any other systems, tools, or connections required for your business operations.
  14. Complying with all other responsibilities assigned to you under these Terms, and all matters you acknowledge, understand, or agree to — including any related or reasonably connected matter of the same nature, whether or not specifically identified, that is within your control, on your side of the Service, or connected to your use of the Service. You are solely responsible for ensuring all such matters are accurate, complete, current, properly maintained and configured, authorized, suitable for your intended use, and compliant with these Terms and any applicable third‑party terms, policies, or requirements.

We are not responsible for your misuse of the Service, your failure to review information, your failure to follow up with callers (including reviewing and using Call Data such as recordings, transcripts, summaries, and caller messages for that purpose), your failure to manage your business, your failure to comply with laws, or your failure to properly use the Service, and this non‑responsibility extends to all Protected Parties (§12).

Allocation of responsibility. You Acknowledge and Agree that this allocation of responsibility is a material, essential, and fundamental part of these Terms and of the parties' agreement; that You — and not Nexavyn, Ring to Revenue AI, or any other Protected Party — are solely responsible for your business, business decisions, performance, operational and financial results, your access to and use of the Service, and all business‑side, operational, technical, and other matters relating to your business that are outside Nexavyn's direct control or assigned to You under these Terms; and that the Service depends, in whole or in part, on all such matters and on other matters and factors addressed in these Terms or outside Nexavyn's control. Accordingly, the Protected Parties are not responsible for your business‑side matters, inputs, systems, staffing, follow‑up, or any other matters on your side required for the Service to support your business, and You assume sole responsibility for all such matters to the fullest extent permitted by applicable law. Liability for all such matters is disclaimed in §10 (see item (l)) and throughout these Terms.

8. ACCEPTABLE USE, PROHIBITED USES & NO EMERGENCY USE

Not an emergency service. The Service is not an emergency service and is not designed, intended, or suitable for use in connection with any emergency, urgent situation, or event requiring immediate human, medical, legal, financial, protective, or emergency intervention. The Service and the AI Voice Agent must not be used or relied upon as an emergency responder or as any form of emergency services, urgent care, or immediate professional assistance. Without limitation, the Service must not be used or relied upon for:

  • any life‑threatening or urgent medical situation;
  • any urgent legal matter, deadline, or legal emergency;
  • any urgent financial matter, deadline, or financial emergency; or
  • any situation requiring immediate human intervention, emergency response, or crisis handling.

Administrative‑only scope. The Service is provided solely for administrative and business‑operations purposes and is limited to administrative and communications‑related functionality, including, without limitation:

  • call answering, call handling, call routing, and caller qualification;
  • appointment scheduling, rescheduling, and cancellation, and follow‑up appointment‑related communications (including confirmation and reminder messaging); and
  • call recording, transcription, and summarization, and the collection, storage, and display of call details, caller information, recordings, transcripts, and summaries within the Service's dashboard.

Acknowledgement (administrative‑only / no emergency). You Acknowledge and Agree that the Service is an administrative‑only service, is not an emergency service, and is not designed, intended, or suitable to respond to, assess, handle, prioritize, or escalate emergencies, or to replace emergency services, urgent care, or immediate professional intervention in any way; that it must not be used or relied upon for any emergency, urgent situation, or matter requiring immediate human, medical, legal, financial, protective, or emergency intervention; and that the Service and the AI Voice Agent may not recognize, identify, assess, prioritize, escalate, or properly respond to emergency or urgent situations and therefore must not be relied upon in any such event. (See also §4, No Professional Advice.)

Your responsibility — caller notice (emergencies). You are solely responsible for ensuring that your callers are informed that the Service is not intended for emergency use and must not be used in place of emergency services, urgent care, or immediate professional intervention, and that, where appropriate, callers are directed to contact 911, applicable emergency services, an urgent‑care provider, or another appropriate emergency or urgent‑response resource immediately if an emergency or urgent situation exists.

Disclaimer (emergency & urgent use). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for: (a) any emergency, urgent situation, or other matter requiring immediate human, medical, legal, financial, protective, or emergency intervention; and (b) any loss, liability, damage, cost, expense, or other issue or consequence arising out of or relating to the incorrect, inappropriate, or attempted use of the Service in connection with any emergency or urgent situation.

Administrative use by healthcare and medical businesses. Nexavyn may permit healthcare and medical businesses — including doctor's offices, dental offices, clinics, and similar practices — to use the Service solely for lawful, non‑emergency administrative purposes, limited to the same administrative and communications functionality described above (call answering, handling, routing, and caller qualification; appointment scheduling, rescheduling, and cancellation and confirmation/reminder messaging; and call recording, transcription, and summarization and the collection, storage, and display of Call Data). The Service is not intended, designed, or permitted to provide any medical advice, guidance, recommendation, diagnosis, treatment, triage, emergency response, patient assessment, or any form of medical or clinical decision‑making.

Healthcare/medical — acknowledgement & your responsibilities. You Acknowledge and Agree that, in any healthcare, medical, dental, or clinic setting, the Service may be used only for lawful, non‑emergency administrative purposes and must not be used or relied upon as any form of healthcare or medical advice, guidance, recommendation, diagnosis, treatment, triage, emergency response, patient assessment, or medical or clinical decision‑making. You are solely responsible for:

  • ensuring your use complies with all applicable laws, regulations, rules, requirements, and professional obligations, including those relating to privacy, consent, notice, patient communications, health information, appointment handling, administrative workflows, and other industry‑specific requirements; and
  • ensuring that callers, patients, and prospective patients are not led to believe that the Service provides healthcare or medical advice, guidance, recommendation, diagnosis, treatment, triage, emergency assistance, patient assessment, or medical or clinical decision‑making of any kind.

Disclaimer (healthcare & medical use). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any issue or consequence arising out of or relating to: (a) any healthcare, medical, patient, emergency, communication, appointment, legal, regulatory, privacy, or professional issue, including any missed communication, missed appointment, miscommunication, or misunderstanding; and (b) any loss, liability, damage, cost, expense, or other issue or consequence arising out of or relating to the incorrect, inappropriate, or attempted use of the Service — including any use or misuse in any healthcare or medical setting beyond its intended administrative‑only purpose, and any use in connection with emergencies or urgent situations.

Business types and industries. The Service may be suitable for a range of small and medium‑sized businesses, including (by way of example only) the industries listed in §3. These examples are illustrative only and are provided for general information; they do not constitute, and must not be interpreted as, a representation, warranty, or guarantee that any particular business, industry, organization, use case, or other aspect of the Service is supported, permitted, lawful, appropriate, or suitable for the Service. Even where an industry is listed, any particular use by or for a business within that industry may still be unsupported, inappropriate, incompatible, unlawful, unsafe, high‑risk, non‑compliant, or otherwise unsuitable, and may be limited, restricted, suspended, disabled, or terminated in Nexavyn's sole discretion. Nexavyn reserves the right, in its sole discretion, to determine whether any business customer, business type, industry, or use of the Service is appropriate or suitable under these Terms. You are solely responsible for determining whether your specific business, industry, and use of the Service are appropriate for the Service and comply with all applicable laws, regulations, rules, requirements, obligations, standards, practices, and industry‑specific requirements (including those relating to professional matters, legality, regulation, licensing, privacy, security, consent, and notice). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any assumption that a listed industry, business type, or use of the Service is automatically approved, fully supported, appropriate, compatible, lawful, compliant, safe, risk‑free, or otherwise suitable simply because it appears in an illustrative list, and for any issue or consequence arising out of or relating to any such assumption.

Prohibited and restricted uses. You may not use the Service, and the Service must not be used, in any of the following ways:

  • Prohibited medical, professional, or emergency purposes — for any medical, healthcare, clinical, legal, financial, professional, regulated, or licensed purpose prohibited under this Section, including any emergency or urgent purpose (emergency response, urgent care, immediate human intervention, or any emergency guidance, diagnosis, treatment, or triage); any healthcare, medical, or clinical advice, diagnosis, treatment, triage, assessment, or decision‑making; or any Advice or professional services (see also §5 and the emergency and healthcare provisions above);
  • Unlawful use — in any manner that violates any applicable law, regulation, rule, requirement, obligation, practice, or standard relating to: professional, regulated, or licensed advice and services; your business, industry, callers, customers, or privacy, notice, or consent obligations; any court order, judgment, injunction, or legal process; any Connected Systems; any carrier, network, or other provider used by You or in your business; or any other applicable legal, regulatory, professional, technical, or industry standard;
  • Improper communications — to create, generate, support, send, facilitate, or automate any communication that is inaccurate, incorrect, misleading, false, deceptive, abusive, harassing, threatening, illegal, unlawful, made in bad faith, or otherwise improper;
  • Unauthorized handling of sensitive matters — to process, handle, or communicate any sensitive matter beyond the Service's intended communication‑support, administrative, informational, and appointment‑scheduling purposes without all required legal authority, permissions, authorizations, safeguards, and compliance controls;
  • Risk of harm — in any manner that could reasonably create a risk of harm, confusion, loss, liability, damage, cost, expense, or other consequence for any business, organization, caller, customer, client, patient, prospect, or other person, including as a result of overreliance on automated responses; or
  • Other unlawful, unsafe, high‑risk, or inappropriate use — for any unlawful, unsafe, high‑risk, emergency‑related, professional‑advice‑related, professional‑services‑related, or otherwise inappropriate use prohibited by these Terms, or any other such use not expressly identified. The Service may be used only consistently with its intended communication‑support, administrative, informational, and appointment‑scheduling purposes, and all other uses are strictly prohibited.

Acknowledgement (intended use & prohibited uses). You Acknowledge and Agree that the Service is intended only for lawful, authorized, appropriate, safe, and good‑faith use cases within its intended communication‑support, administrative, informational, and appointment‑scheduling business scope; that it must not be accessed or used for any professional, regulated, licensed, professional‑advice‑related, professional‑services‑related, emergency, or urgent‑care purpose, or any unlawful, unsafe, high‑risk, inappropriate, or other prohibited purpose described in these Terms; and that, overall, the Service must not be used for any purpose prohibited under these Terms or any purpose for which it is not intended.

Your responsibility & Nexavyn's right to restrict prohibited or unsuitable use. You are solely responsible for ensuring that your intended and actual use of the Service, and all use within your business, remains lawful, authorized, safe, appropriate, compatible with the Service's intended purpose, compliant, made in good faith, and permitted under these Terms at all times. Nexavyn is not obligated to support every customer, business, industry, organization, use case, workflow, feature, functionality, or configuration, and may determine, in its sole discretion, whether any proposed or existing use is appropriate, compatible, and suitable for the Service. Accordingly, Nexavyn reserves the right, in its sole discretion, to refuse, decline, limit, restrict, suspend, disable, or terminate (a) any customer, customer account, or customer relationship; and (b) any use of the Service (including any use case, workflow, feature, functionality, configuration, or other aspect) that it reasonably determines to be unlawful, unsafe, high‑risk, non‑compliant, misleading, deceptive, abusive, harassing, threatening, incompatible with the Service, operationally or technically unsuitable, or otherwise inappropriate or unsuitable. Even where a particular customer, business, industry, use case, or configuration is not expressly identified in these Terms as excluded or prohibited, Nexavyn may still decline to support, continue supporting, or enable such use where it determines the use creates, may create, or is reasonably likely to create any issue or consequence, including, without limitation:

  • any professional, legal, regulatory, compliance, licensing, or standards‑related issue;
  • any safety, security, privacy, consent, notice, compliance, reputation, ethics, or similar concern;
  • any operational, technical, or system‑related issue affecting the Service, its system, any Connections, any Third‑Party Services, or any related infrastructure, components, or dependencies;
  • any abuse, harassment, threats, fraud, deception, misleading conduct, or similar activity;
  • any prohibited Advice, professional services, emergency, urgent‑care, or other prohibited use described in these Terms; or
  • any other issue or consequence affecting or relating to Nexavyn's business, your business, Nexavyn's or your customers, your callers, or any other party.

(See also §24, Suspension & Termination.)

Disclaimer (prohibited use & enforcement). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for: (a) any professional, regulatory, licensing, business, caller, customer, client, patient, prospect, or other related issue; (b) any prohibited, unlawful, unsafe, high‑risk, inappropriate, deceptive, abusive, non‑compliant, or otherwise improper use of the Service by You or on your behalf; and (c) any refusal, decline, limitation, restriction, suspension, disablement, or termination of any customer, account, relationship, or use of the Service made on any of the grounds described above — and, in each case, for any loss, liability, damage, cost, expense, or other issue or consequence arising out of or relating to any of the foregoing or that could otherwise impact Nexavyn, your business, Nexavyn's or your customers, your callers, or any other party.

9. NO GUARANTEES, PROMISES, ASSURANCES, OR WARRANTIES

The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all warranties — express, implied, and statutory — including merchantability, fitness for a particular purpose, non‑infringement, accuracy, reliability, and uninterrupted or error‑free operation.

Without limiting the foregoing, Nexavyn, Ring to Revenue AI, and the Protected Parties do not represent, warrant, or guarantee that:

  • the Service is appropriate, suitable, compliant, or available for every business, industry, profession, or use case;
  • the Service will answer, handle, route, or transfer any or all calls, qualify any caller, schedule any appointment, convert any caller, prevent missed calls, increase revenue, improve business performance, or achieve any particular result, performance level, gain, improvement, or business, operational, or financial outcome;
  • any minimum performance level, metric, rate, or threshold (including any call‑answer rate) will be met at any time;
  • any recording, transcript, summary, or captured detail will be accurate, complete, or error‑free;
  • any recording, transcript, summary, or other Call Data will remain available, retrievable, or accessible for any period of time;
  • any SMS text message or other communication will be delivered, received, timely, or accurate, or will result in any caller response;
  • any messaging tools, default settings, opt‑out language, message formats, or other functionality made available through the Service will be sufficient to satisfy any applicable law, regulation, requirement, standard, or obligation in any jurisdiction, industry, or use case; or
  • the compatibility, functionality, support, availability, performance, security, or continued connection of any calendar, connected system, business tool, Third‑Party Service, API, or other connection method, at any time or on an ongoing basis.
  • the Service will operate perfectly, uninterruptedly, continuously, timely, securely, or error‑free at all times;
  • the Service will answer 100% of inbound calls or provide complete call coverage, or that call answering, handling, routing, or transfers will be successful or perfect in every instance;
  • the Service will accurately, correctly, reliably, or completely perform any call‑related, data‑related, or appointment‑related function — including call recording, transcription, and summarization, message and data capture, data collection, storage, and synchronization, and appointment scheduling, rescheduling, cancellation, confirmation, and reminder messaging; or
  • the Service will be free from delays, outages, downtime, disruptions, interruptions, inaccuracies, errors, or other issues at all times.

Any references to reliable coverage, 24/7 availability, typical performance, or similar descriptions, and any purpose, mission, or descriptive overview, are provided for descriptive and informational purposes only, may vary, and are not a warranty, representation, guarantee, or commitment that every call will be answered, every interaction completed, or any performance level achieved. Although Nexavyn aims and intends for the Service to operate with a high level of reliability, any intended or described performance level is descriptive only and must not be relied upon as any warranty, guarantee, representation, assurance, or binding commitment.

To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all guarantees, warranties, representations, assurances, commitments, and conditions of any kind — whether express, implied, statutory, or otherwise — and disclaim all liability and responsibility for any claim or allegation that the Service did not perform as expected, intended, marketed, described, assumed, desired, or hoped for, and for any resulting loss, business or financial loss, lost revenue, lost profit, lost opportunity, missed call, missed lead, missed customer, missed appointment, or other consequence. Your access to and use of, and reliance on, the Service is at your own risk; the assumption of risk, waiver, release, and covenant not to sue in §11 and the general disclaimer in §10 apply.

10. DISCLAIMER OF LIABILITY AND RESPONSIBILITY

To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any loss, liability, damage, cost, expense, issue, or consequence arising out of or relating to the Service, including, without limitation, the following:

  • (a) Your decision to use the Service in your business, industry, or professional context.
  • (b) Call answering, handling, routing, transfers, and messaging: any unsuccessful, missed, delayed, incomplete, inaccurate, duplicate, defective, or mistimed call answering, handling, routing, or transfer, or any SMS or other communication, including any failure of a transfer or message to occur, be delivered, or be received successfully, immediately, correctly, or at all.
  • (c) Errors and inaccuracies in any recording, transcript, summary, captured detail, or other Call Data, and Your access to, review of, use of, or reliance on the foregoing — including:
    • any mishearing, misunderstanding, misdetection, misinterpretation, missed context, omission, oversimplification, paraphrasing, formatting issue, or any other incorrect collection, capture, processing, reflection, transcription, or summarization of any information, data, statement, or detail, resulting in inaccurate, incomplete, or defective output; and
    • any resulting incorrect name or identity; incorrect contact information or phone number; incorrect appointment date, time, or availability; incorrect caller request or inquiry; or any other incorrect, incomplete, inaccurate, misleading, or defective call‑related detail — whether arising, in whole or in part, directly or indirectly, from any limitation in the Service's ability to hear, detect, interpret, process, capture, transcribe, or summarize call‑related information, or from any underlying recording, transcript, or captured detail used to generate a summary.
  • (d) Connectivity and infrastructure: any delay, error, limitation, interruption, outage, downtime, disconnection, misdial, busy line, or other issue affecting carrier, network, or internet connections, caller connectivity, or related communications infrastructure.
  • (e) Service system, Connected Systems, and Third‑Party Services: any issue affecting the Service's system or tools, any Connected System (including calendars and other business tools), or any Third‑Party Services (further addressed in §16).
  • (f) Early‑stage, evaluation, free‑trial, and live‑demo periods: any adjustment, refinement, testing, improvement, modification, limitation, configuration change, or other change or variation affecting the Service or Your experience during any such period, including changes or variations affecting:
    • setup, configuration, features, and functionality;
    • workflows, including call answering, call handling, call routing, lead capture, caller qualification, and appointment scheduling, rescheduling, and cancellation;
    • the collection of call details and caller information, and the generation, availability, configuration, compatibility, functionality, responsiveness, performance, or delivery of any recordings, transcripts, summaries, or other data or outputs;
    • any connections to calendars or other Connected Systems, or any Third‑Party Services; and
    • customer‑acquisition, revenue‑generating, or any other performance, operation, or result of the Service.
  • (g) Caller notice/consent and Your recording, transcription, summarization, and messaging compliance: Your call recording, transcription, summarization, and SMS/messaging practices; Your provision or failure to provide any required caller notice, disclosure, or opt‑out opportunity; Your obtaining or failure to obtain any required caller consent, permission, or authorization; Your compliance or failure to comply with recording, transcription, summarization, notice, consent, privacy, telecommunications, data‑protection, anti‑spam, carrier, or other applicable laws, requirements, or standards; and Your creation, collection, access, review, use, storage, disclosure, or other handling of Call Data and messaging.
  • (h) Storage, retention, deletion, and availability of Call Data: any deletion, inaccessibility, loss, failed retrieval, or non‑retention of any Call Data; any retention‑period, deletion, or storage‑management change; the current unavailability of customer‑side deletion functionality and Your inability to self‑delete Call Data; and the continued storage of Call Data.
  • (i) Failure to update these Terms or provide notice of any retention, storage‑management, or deletion change, except to the extent required by applicable law.
  • (j) Reliance on the Service as professional advice, or use beyond permitted purposes: any reliance on the Service or its outputs as professional advice, guidance, recommendation, analysis, diagnosis, treatment, or any professional, licensed, or regulated service; and any access to or use of the Service beyond permitted administrative, operational, or communication purposes, including any regulatory, professional, or licensing issue arising from use in a regulated, licensed, or professional context.
  • (k) Messaging workflow and opt‑outs: any messaging workflow or scheduling‑mismatch issue; any caller's opt‑out from SMS or other messaging; the effect of an opt‑out on the caller's future messaging; caller non‑receipt or non‑response; or Your failure to communicate with a caller through other appropriate channels after an opt‑out.
  • (l) Matters for which You are responsible: any matter for which responsibility is assigned to You under these Terms, or which You acknowledge, understand, or agree to — including any issue affecting call answering, handling, routing, transfers, communications, messaging, or appointment booking, rescheduling, or cancellation arising from any such matter, and any issue arising from Your own phone systems, carrier services, internet or network connectivity, or communications systems.
  • (m) Resulting consequences: any resulting missed lead, missed appointment, missed message, missed or incorrect confirmation or reminder, lost customer, lost revenue, business interruption, customer issue, compliance issue, regulatory issue, professional issue, or any other loss, liability, damage, cost, expense, issue, or consequence arising out of or relating to any of the foregoing.

Such issues may arise from factors outside our reasonable control, including, without limitation: carrier, network, and internet outages, downtime, or connectivity; caller connectivity, misdials, unavailability, abandonment, non‑receipt, or non‑response; background noise, audio quality, accents, and pronunciation; personnel availability; the accuracy, currency, and availability of the information, Transfer Numbers, instructions, rules, and preferences You provide; the availability, functionality, and proper operation of the Service's system; Third‑Party Services; technical limitations; and unexpected errors, failures, or unforeseen events. You acknowledge and agree to all of the foregoing.

Waiver and release. To the fullest extent permitted by applicable law, You assume all responsibility for, and waive, release, and agree not to assert, commence, or maintain any claim against Nexavyn, Ring to Revenue AI, or any other Protected Party arising out of or relating to, any of the matters disclaimed in this §10. A broader assumption of risk, waiver, release, and covenant not to sue is set out in §11.

11. ASSUMPTION OF RISK, WAIVER, AND RELEASE

Assumption of risk. You Acknowledge and Agree that your access to and use of the Service is at your own risk, and that You assume full responsibility for, and all risks arising out of or relating to, your access to and use of the Service — including all matters disclaimed in §§9, 10, and 16, all matters for which You are responsible under §7, and any reliance on the Service, AI Output, or Call Data.

Waiver and release. To the fullest extent permitted by applicable law, You hereby waive, release, and forever discharge Nexavyn, Ring to Revenue AI, and all other Protected Parties from any and all claims, demands, liabilities, losses, damages, costs, expenses, causes of action, and other matters of every kind — whether known or unknown, anticipated or unanticipated, direct or indirect, foreseen or unforeseen — that arise out of or relate to the Service, your access to or use of the Service, any AI Output or Call Data, any Third‑Party Services or Connected Systems, or any other matter disclaimed in, or allocated to You under, these Terms.

Covenant not to sue. To the fullest extent permitted by applicable law, You agree not to commence, assert, maintain, join, or participate in any claim, action, demand, or proceeding against Nexavyn, Ring to Revenue AI, or any other Protected Party arising out of or relating to any of the foregoing matters.

Allocation of risk. You Acknowledge and Agree that the disclaimers, limitations, releases, and allocations of responsibility in these Terms reflect a deliberate and reasonable allocation of risk between You and the Company, that the Fees (if any) reflect this allocation, and that the Company would not provide the Service on the same terms without it.

Rights that cannot be waived. Nothing in this Section or these Terms excludes, restricts, or waives any right, protection, or remedy that cannot be excluded, restricted, or waived under applicable law; where any such right applies, the foregoing applies to the maximum extent permitted, and any unenforceable portion is limited or reformed rather than struck (see §32).

12. PROTECTION OF NEXAVYN, RING TO REVENUE AI & THE PROTECTED PARTIES

All protections extend to every Protected Party. As defined in §2, the "Protected Parties" are Nexavyn Technologies Inc., the Ring to Revenue AI business and brand, and their respective owners, founders, management, employees, personnel, contractors, suppliers, third‑party and technical service providers, connected‑system providers, affiliates, agents, representatives, and any other person or entity involved in, connected to, or associated with Nexavyn or Ring to Revenue AI. Wherever these Terms provide that Nexavyn or the Company disclaims liability or responsibility, is not responsible, makes no guarantee, warranty, representation, assurance, or binding commitment, is released, is held harmless, is indemnified, or is otherwise protected, that disclaimer, release, limitation, and protection applies equally and in full to each and every Protected Party, to the fullest extent permitted by applicable law.

No personal, separate, or independent liability. To the fullest extent permitted by applicable law, no Protected Party — including any owner, founder, director, officer, manager, employee, personnel, contractor, supplier, service provider, affiliate, agent, or representative of Nexavyn or Ring to Revenue AI — will be personally, separately, or independently liable to You or to any third party for any loss, liability, damage, claim, cost, expense, or other issue or consequence arising out of or relating to the Service, these Terms, or your access to, use of, inability to use, or reliance on the Service. All such matters are subject to the disclaimers, exclusions, limitations of liability (including the Liability Cap in §13), releases, and other protections set out in these Terms.

Benefit of these protections; enforcement. The disclaimers, releases, waivers, covenants not to sue, limitations, indemnities, and other protections in these Terms — including §§9, 10, 11, 13, 14, 15, and 16 — are intended for the benefit of, and may be relied upon and enforced by, Nexavyn, Ring to Revenue AI, and each Protected Party, as further provided in the third‑party‑beneficiary provision in §32.

13. LIMITATION OF LIABILITY / LIABILITY CAP

Exclusion of indirect and business‑loss damages. To the fullest extent permitted by applicable law, in no event will Nexavyn, Ring to Revenue AI, or any other Protected Party be liable or responsible — under any legal theory, whether in contract, tort (including negligence), strict liability, statute, or otherwise, and even if advised of the possibility of such damages and even if any remedy fails of its essential purpose — for any damages of any kind arising out of or relating to the Service, these Terms, the Company's website, or your access to, use of, inability to use, or reliance on the Service, including, without limitation:

  • any indirect, incidental, special, consequential, exemplary, or punitive damages; and
  • any loss or reduction of customers, business, opportunities, revenue, profit, goodwill, use, data, inbound calls, answered calls, appointments, brand, reputation, leads, or any other intangible or similar loss.

Without limiting the foregoing, Nexavyn, Ring to Revenue AI, and all Protected Parties further disclaim all liability and responsibility for: (a) any loss of, damage to, delay in, inaccuracy or incompleteness of, or other issue affecting your data or any other information, content, or materials; (b) any incompleteness, inaccuracy, incompatibility, unavailability, outage, downtime, delay, disruption, interruption, or other issue affecting your business, customers, revenue, profit, goodwill, brand, reputation, operations, financial or operational performance, or data; and (c) any incompleteness, inaccuracy, incompatibility, failure, unavailability, outage, downtime, delay, disruption, interruption, or other issue relating to call answering, handling, routing, caller qualification, appointment booking, communications, messaging, transfers, follow‑up messaging, or any other feature, function, or workflow of the Service.

Fees are final; no refund, recovery, or set‑off. You Acknowledge and Agree that all Fees paid for the Service (including any Setup Fee and monthly Subscription Fees) are part of your business decision to purchase, access, and use the Service and are not refundable, recoverable, or reimbursable, and are not subject to repayment, offset, chargeback, or recovery as damages, except solely to the extent expressly provided in these Terms (or in any applicable written performance guarantee, if offered by Nexavyn) or required by applicable law. Your use of the Service and any decision to rely on it or its outputs is made in your sole discretion and based on your own independent evaluation.

Liability only as expressly provided. To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any loss, liability, damage, cost, expense, claim, or other issue or consequence arising out of or relating to the Service, except solely to the extent expressly provided in these Terms or required by applicable law.

Liability cap. To the fullest extent permitted by applicable law, the maximum aggregate liability of Nexavyn, Ring to Revenue AI, and all Protected Parties for any single claim or liability — and for any and all claims, whether arising from a single event, a series of related events, or otherwise — arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total Fees You paid to Nexavyn in the one (1) month immediately preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100) (the "Liability Cap"). This cap applies regardless of the form of action, legal theory, or basis of liability asserted, including contract, tort (including negligence), misrepresentation, strict liability, statute, equity, or any other legal or equitable theory, and applies to any and all claims arising out of or relating to:

  • the Service, these Terms, the free trial period, or any paid subscription period;
  • the setup, configuration, operation, or use of the Service in connection with your business, including any Connected Systems, Connections, or Third‑Party Services; and
  • any call answering, handling, routing, transfers, recordings, transcripts, summaries, SMS or follow‑up messaging, communications, appointment scheduling, rescheduling, or cancellation, performance metrics, analytics, estimates, comparisons, or any other feature, function, workflow, communication, or aspect of the Service.

This cap applies even if any limited remedy fails of its essential purpose and even if Nexavyn was advised of the possibility of the relevant loss or damage. Except solely to the extent (i) expressly provided in these Terms, (ii) provided under any applicable written performance guarantee (if offered by Nexavyn), or (iii) required by applicable law, You are not entitled to recover or claim any amount exceeding the Liability Cap, whether as a refund, reimbursement, repayment, compensation, damages, or otherwise. If, notwithstanding the foregoing disclaimers and exclusions, any liability is nevertheless imposed on any Protected Party by a court or other authority of competent jurisdiction, such liability will be limited strictly and exclusively to the Liability Cap.

Reasonableness & essential basis. You Acknowledge and Agree that this liability cap, the refund limitations, and the other disclaimers, exclusions, and risk‑allocation provisions in these Terms (a) are reasonable; (b) form an essential basis of, and a fundamental part of, the bargain between You and Nexavyn; and (c) reflect a fair allocation of risk between the parties. The Fees charged reflect this allocation of risk and the fact that the Service is provided subject to these protections; without these provisions, the pricing, structure, and availability of the Service would be materially different.

Jurisdictional savings & survival. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above disclaimers, exclusions, and limitations may not apply to You to the extent prohibited by applicable law. The disclaimers, exclusions, and limitations of liability in these Terms apply to the maximum extent permitted by applicable law and survive any termination or expiration of the Service or these Terms. (See also the §32 severability and reformation clause, which limits or reforms — rather than voids — any provision a court finds unenforceable.)

14. INDEMNIFICATION

Your indemnity. You agree to indemnify, defend (at Nexavyn's election), and hold harmless Nexavyn, Ring to Revenue AI, and all other Protected Parties (in this Section, the "Indemnified Parties") from and against any and all claims, demands, actions, proceedings, lawsuits, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to:

  • your access to, use of, misuse of, or inability to use the Service;
  • your violation of these Terms or any applicable law, rule, regulation, or regulatory requirement;
  • any information, data, content, instructions, configurations, or materials provided, submitted, transmitted, or otherwise made available by You or on your behalf in connection with the Service;
  • your use of the Service in connection with your business operations — including any communications with callers, customers, or third parties, and any call answering, handling, routing, caller qualification, appointment scheduling, rescheduling, or cancellation, messaging, or related activities;
  • any failure by You to obtain or provide any required consents, notices, permissions, or authorizations in connection with your use of the Service — including with respect to call recording, transcription, or summaries, communications, or data collection, or compliance with applicable privacy, telecommunications, AI, or other laws, rules, regulations, or requirements; or
  • any dispute, claim, or issue between You and any third party — including your customers, clients, callers, or other users — arising out of or relating to your use of the Service.

Defense, settlement & survival. At Nexavyn's election, You will promptly assume full control of the defense and settlement of any such claim, at your sole cost and expense, provided that Nexavyn may participate in the defense with counsel of its own choosing at its own expense, and You will not settle any claim in a manner that imposes any liability, obligation, or admission of fault on any Indemnified Party without Nexavyn's prior written consent. This indemnity obligation survives any termination or expiration of the Service or these Terms and applies regardless of the form of action, legal theory, or basis of liability asserted.

15. COMPREHENSIVE ACKNOWLEDGEMENTS, RESPONSIBILITY ALLOCATION, DISCLAIMERS & LIABILITY LIMITATIONS

This Section restates and reinforces, in comprehensive form, the acknowledgements, responsibility allocations, disclaimers, and liability limitations set out throughout these Terms. It supplements, and does not limit, any other provision.

Broad application of these Terms. To the fullest extent permitted by applicable law, You Acknowledge and Agree that all provisions of these Terms — including, without limitation, provisions relating to (a) your responsibilities; (b) your acknowledgements, agreements, and understandings; (c) disclaimers of liability and responsibility; (d) disclaimers of guarantees, warranties, representations, assurances, or binding commitments; (e) exclusions; (f) limitations of liability and allocations of risk; and (g) any other rights, obligations, restrictions, protections, acknowledgements, agreements, disclaimers, limitations, or other matters addressed in these Terms — apply broadly to your access to, use of, and reliance on the Service in connection with your business, and to any and all matters arising out of or relating to the Service, whether or not specifically identified in these Terms.

Your sole responsibility for assigned, related, and disclaimed matters. To the fullest extent permitted by applicable law, You Acknowledge and Agree that You are solely responsible for: (a) all matters for which these Terms state that You are responsible; (b) all matters related to, associated with, or arising out of any such matter, whether or not expressly identified in these Terms; (c) all matters arising out of or relating to your access to, use of, or reliance on the Service; and (d) all matters for which these Terms state that Nexavyn disclaims liability and responsibility, whether such matters are expressly stated to be your responsibility, are the responsibility of any third party other than Nexavyn, or otherwise fall outside Nexavyn's responsibility under these Terms. All such responsibility is allocated to You to the maximum extent permitted under applicable law.

Acceptance of responsibilities. By accepting these Terms, You (a) accept and assume all responsibilities assigned to You under these Terms; and (b) Acknowledge and Agree that all provisions of these Terms — including those relating to the Service, your responsibilities, disclaimers of liability and responsibility, disclaimers of guarantees, warranties, representations, assurances, and binding commitments, exclusions, limitations of liability and allocations of risk, and any other rights, obligations, restrictions, protections, acknowledgements, agreements, disclaimers, limitations, or other matters — apply broadly to your access to, use of, and reliance on the Service in connection with your business, and to any and all matters arising out of or relating to the Service, whether or not specifically identified in these Terms.

Broad disclaimer of liability and responsibility. To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any loss, liability, damage, claim, cost, expense, or any other issue or consequence arising out of or relating to (a) the Service; or (b) any matter described, addressed, contemplated, or otherwise referenced in these Terms — except solely to the extent expressly provided in these Terms or required by applicable law.

Acknowledgement and application of the Liability Cap. Without limiting the foregoing, to the fullest extent permitted by applicable law, if any liability or claim is nevertheless imposed on Nexavyn, Ring to Revenue AI, or any other Protected Party, such liability or claim will be limited strictly and exclusively to the Liability Cap set out in §13 — that is, the greater of (a) the total Fees You paid to Nexavyn in the one (1) month immediately preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100). By accepting these Terms, You Acknowledge and Agree that You fully understand and accept this Liability Cap, and that it (a) is fair and reasonable; (b) forms an essential basis of the agreement between You and Nexavyn; and (c) reflects a fair allocation of risk between the parties, regardless of the event, matter, issue, consequence, loss, liability, damage, claim, cost, expense, or other issue or consequence arising out of or relating to your access to or use of the Service.

16. THIRD‑PARTY INTEGRATIONS, CONNECTED SYSTEMS & DEPENDENCIES

Connected Systems. The Company may connect the Service to your calendar, connected systems, and other connected business tools, where they support a compatible connection method, to enable, facilitate, or support the Service's features and workflows — including accessing real‑time availability, booking, rescheduling, and cancelling appointments, blocking unavailable time, storing caller information, and supporting appointment‑related communications, call handling, and related business operations.

Third‑Party Services. The Service relies on, accesses, or uses Third‑Party Services to enable, facilitate, support, maintain, or enhance, without limitation: the AI Voice Agent infrastructure; telecommunications, call answering, call routing, and SMS/messaging functionality; connections to your Connected Systems; the collection, storage, processing, synchronization, and transmission of Call Data; and other Service features, workflows, and technical components. The Company currently uses, among others: Retell AI (AI Voice Agent infrastructure and related functionality), OpenAI (language model, text‑to‑speech, and related AI processing used by the AI Voice Agent), Twilio (telecommunications, SMS, and appointment messaging), Cal.com (calendar connectivity and appointment scheduling), and Stripe (payment processing, billing, subscriptions, invoices, and payment records). Each of these may handle Data in connection with the Service. The specific Third‑Party Services and providers used may change at any time.

What Third‑Party Services support. Third‑Party Services may be used to operate, deliver, support, maintain, and enhance the Service and its technical, operational, communications, and workflow functionality, and to enable, facilitate, provide, or support, without limitation:

  • Call answering and caller interactions: answering and handling inbound calls and caller interactions; qualifying callers as customers or potential customers; and collecting caller responses and other information provided by callers.
  • Appointment scheduling and availability management: accessing connected calendars, systems, and tools to review real‑time availability; reviewing availability, scheduling, and other connected‑system data; booking appointments based on availability; blocking unavailable time; rescheduling appointments; and cancelling appointments.
  • Communications and messaging: sending, enabling, or supporting appointment confirmation, reminder, rescheduling, cancellation, and other follow‑up communications, where enabled.
  • Call routing and transfers: routing inbound calls and transferring, handing off, or escalating communications to a human contact, where enabled.
  • Summaries, transcripts, recordings, and data records: generating, capturing, storing, or processing call summaries, transcripts, recordings, logs, and related records, where enabled.
  • Data collection, storage, processing, transmission, and synchronization: collecting, storing, processing, synchronizing, or transmitting call details, caller and customer information, appointment details, and related data within your systems or connected systems; and enabling, facilitating, or supporting the exchange or handling of Data among the Service, Third‑Party Services, connected calendars, and connected systems.
  • Workflows and related business functions: supporting call‑handling, call‑routing, caller‑qualification, and appointment‑management workflows, and performing any other related functions, features, services, or workflows in connection with the Service.

Distinction between connections and integrations. Connected Systems (such as your calendar) are distinct from Third‑Party Services: a Third‑Party Service may enable a connection (for example, Cal.com enables calendar connectivity), but the calendar itself is the Connected System, not the Third‑Party Service.

Data handling by Third‑Party Services. Any Third‑Party Services the Company uses now or in the future may access, receive, collect, process, store, transmit, and otherwise handle Data to the extent reasonably necessary to provide, operate, enable, support, maintain, improve, troubleshoot, or facilitate the Service. Such Data may include, without limitation:

  • Call and communication data: call data, metadata, and details; recordings, transcripts, summaries, logs, and related call history; caller responses, inputs, selections, and communications; SMS message and delivery/status data; and phone number and other telecommunications data.
  • Caller and customer information: caller information and contact details; customer contact information and provided details; qualification, intake, and captured details collected during interactions; and contact, customer, and caller records and related fields stored in connected systems.
  • Appointment and scheduling data: appointment details; booking, rescheduling, cancellation, confirmation, and reminder data; other appointment, scheduling, or workflow data; availability data, including real‑time availability; and calendar data.
  • Call routing and transfer data: routing, transfer, escalation, handoff, callback, and related workflow data.
  • System and technical data: system‑generated data, logs, records, audit trails, and other technical or operational data.
  • Connected‑system and integration data: calendar data; synchronization data; and other data relating to connected systems, Third‑Party Services, and Service functionality.
  • Any other data: any other data, content, records, information, or communications arising out of or relating to calls, messages, appointments, scheduling, rescheduling, cancellations, caller interactions, workflows, communications, connected systems, Third‑Party Services, or any other activity in connection with the Service.

Further details on how Data is handled, disclosed, and protected in connection with Third‑Party Services are set out in the Company's Privacy Policy.

Development, hosting, and infrastructure providers. The Company also uses development, hosting, deployment, and infrastructure tools and services to build, develop, test, deploy, host, run, operate, secure, support, and maintain the Service, the Service dashboard, the Company's website, and their underlying systems, code, and components — including GitHub (code hosting, version control, and code management), Vercel (front‑end hosting and deployment of the dashboard and website), and Fly.io (back‑end hosting and deployment), and similar providers. To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any loss, liability, damage, cost, expense, issue, or consequence arising out of or relating to the Company's use of any such development, hosting, deployment, or infrastructure tool or service.

Dependency. You Acknowledge and Agree that the proper functioning of the Service and its features may depend, in whole or in part, on the availability, accuracy, connectivity, configuration, permissions, policies, practices, rules, requirements, technical capabilities, and continued operation of your Connected Systems and the applicable Third‑Party Services.

No guarantee; right to change. The Company does not represent, warrant, or guarantee the compatibility, functionality, support, availability, performance, security, or continued connection of any calendar, connected system, business tool, Third‑Party Service, API, or other connection method, at any time or on an ongoing basis, and any examples of supported systems are illustrative only. Third‑Party Services are outside the Company's direct control and may change, become unavailable, be repriced, or behave unexpectedly; experience downtime, outages, disruptions, interruptions, delays, or reduced performance or functionality; or produce inaccurate, incomplete, incorrect, inconsistent, or otherwise unsuccessful results, or be affected by technical limitations. The Company reserves the right, in its sole discretion, to add, change, limit, suspend, disable, replace, or discontinue any Third‑Party Service, connection, or related functionality at any time, with or without notice, including for technical, compatibility, business, operational, performance, third‑party, legal, regulatory, security, or other reasons. The Company may review, assess, verify, or confirm compatibility before, during, or after setup.

Changes in response to third‑party changes. A Third‑Party Service or provider may, at any time and without notice to the Company, change, restrict, limit, suspend, disable, discontinue, reprice, or otherwise modify its software, systems, services, infrastructure, features, functionality, components, terms, policies, requirements, compatibility, or availability. If any Third‑Party Service becomes changed, incompatible, unavailable, unsupported, suspended, restricted, disabled, discontinued, problematic, or otherwise unsuitable for continued use, the Company may, at any time, in its sole discretion, and without liability to You:

  • suspend, remove, disable, or discontinue that Third‑Party Service;
  • offer, implement, or substitute an alternative Third‑Party Service;
  • limit, replace, suspend, disable, or discontinue any related functionality, feature, or workflow of the Service; and/or
  • update, reconfigure, or otherwise change any related setup, connected systems, configurations, workflows, features, functionality, or pricing of the Service.

To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any such third‑party change, for any resulting modification, reconfiguration, replacement, suspension, or discontinuation of the Service, and for any operational or Data impact of the foregoing. The Company does not guarantee the continued availability, compatibility, interoperability, performance, support, or functionality of any Third‑Party Service at all times, and Your use of the Service depends on the continued availability and operation of the applicable providers.

Third‑party terms and policies. Your use of any Third‑Party Service may be subject to the applicable provider's own terms of service, privacy policy, acceptable use policy, data‑handling practices, security measures, legal terms, business or service changes, and any other terms, policies, rules, practices, requirements, conditions, or agreements. These are outside the Company's control; the Company does not control and is not responsible for any Third‑Party Service or for any provider's terms, policies, rules, practices, requirements, conditions, or agreements, and may not be aware of their content, existence, modification, interpretation, or enforcement. You are responsible for reviewing, understanding, and complying with all third‑party terms and policies applicable to your use of any Third‑Party Service, including those relating to calendar and connected‑system connectivity, AI voice agents, call answering, handling, and routing, telecommunications, and messaging. To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any issue, restriction, limitation, suspension, termination, violation, dispute, or other loss or consequence arising out of or relating to any such third‑party terms, policies, acts, omissions, operations, or enforcement decisions.

External factors outside our control. Third‑Party Services and the Service may be affected by factors outside the Company's control, including, without limitation:

  • Carrier, provider, internet, and network issues: carrier, provider, or internet outages, downtime, delays, disruptions, or failures; regional, local, or widespread service outages; and other service, availability, or functionality issues.
  • Connected‑system and integration issues: API connection downtime, failures, limitations, or incompatibilities; outages, defects, or functionality/incompatibility issues affecting any connected system, Third‑Party Service, or associated component; and delays, disruptions, or failures in the collection, storage, processing, transmission, synchronization, or exchange of Data within the Service or between the Service and connected calendars, systems, or tools.
  • Access, configuration, and compatibility issues: issues relating to credentials, authorizations, permissions, authentication, access, or security; and issues relating to configurations, settings, compatibility, or setup affecting the Service, any Third‑Party Service, or any connected system.
  • Third‑party service provider changes: maintenance, updates, upgrades, modifications, replacements, suspensions, or discontinuations; and changes to third‑party terms, policies, requirements, pricing, business operations, or enforcement actions.
  • System infrastructure and technical issues: issues relating to system or technical infrastructure, hosting, servers, or networks affecting performance, functionality, or availability.
  • Call answering, handling, and routing issues; appointment‑scheduling issues (booking, rescheduling, cancellation); and communication issues (telecommunications, phone number, SMS/messaging, confirmations, reminders, and delivery).
  • Any other technical, operational, infrastructure, connectivity, data, performance, or functionality issue affecting or relating to the Service.

What may be affected. Due to such factors and other limitations outside the Company's control, any of the following may be unsuccessful, incomplete, delayed, interrupted, misrouted, undelivered, lost, impaired, or otherwise not function as intended, at any time:

  • calls, including connection, completion, disconnection, or routing;
  • call answering and handling;
  • SMS and other messaging, including undelivered, filtered, blocked, or duplicated messages;
  • appointment booking, rescheduling, cancellation, confirmation, and reminder communications;
  • call routing and transfers; and
  • the collection, storage, processing, transmission, synchronization, or other handling of Call Data (including recordings, transcripts, summaries, details, and caller information).

Liability for all of the foregoing is disclaimed in the Disclaimer below and in §10.

Your responsibilities for identifying your systems, maintaining valid credentials and permissions, keeping calendars and appointment settings accurate and current, approving configurations, and ensuring lawful and authorized connections are set out in §7.

Disclaimer. To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any Connected System, Third‑Party Service, third‑party service provider, API or other connection method, or related system, tool, service, component, or technical dependency used by, connected to, relied on by, or made available in connection with the Service, and for any issue, failure, or limitation affecting any of the foregoing — including any incompatibility, nonfunctionality, unavailability, unsupported status, delay, unreliability, defect, change, suspension, limitation, disablement, discontinuation, downtime, outage, disruption, reduced performance or functionality, security or data‑security issue, or other technical, operational, third‑party, or performance issue, whether in whole or in part. This includes any such issue — and any messaging, scheduling, or appointment issue (including any missed or incorrect appointment confirmation or reminder, missed message, or scheduling, rescheduling, cancellation, or appointment‑update issue) — caused by, arising out of, relating to, or contributed to by:

  • any calendar or Connected System availability, setting, configuration, or data issue;
  • any Third‑Party Service or third‑party service provider issue, outage, downtime, disruption, delay, change, unavailability, or technical limitation;
  • any carrier, network, internet, or API connectivity issue, failure, outage, or limitation;
  • any inaccurate, incorrect, incomplete, outdated, or inconsistent data provided by callers;
  • any deficient configuration, setup, workflow, settings, permissions, credentials, authorization, or access requested, approved, maintained, or provided by You; or
  • any other related situation, event, condition, or issue.

The disclaimer extends to real‑time availability checks, call answering, handling, and routing, caller communications and qualification, appointment booking, rescheduling, and cancellation, blocked or unavailable time, and the collection, storage, processing, synchronization, or transmission of Call Data — and to any resulting loss, liability, damage, claim, cost, expense, missed message, missed appointment, lost customer, lost revenue, business interruption, customer issue, or other consequence, whether direct or indirect. (See also the general disclaimer in §10.)

Catch‑all, assumption of risk, and release. The disclaimers in this §16 apply to all Third‑Party Services, connections, Connected Systems, phone systems, carrier, internet, and telecommunications services, communications infrastructure, technical dependencies, and any other matter described in or relating to this Section, whether or not specifically identified, and whether the matter is known or unknown, expected or unexpected, direct or indirect, partial or complete, and whether arising from unavailability, incompatibility, suspension, discontinuation, restriction, limitation, delay, failure, inaccuracy, error, outage, downtime, under‑performance, or any other issue. You Acknowledge and Agree that your use of the Service depends, in part, on Third‑Party Services, providers, connections, and other components outside the Company's control; that You assume all responsibility arising out of or relating to the foregoing; and that, to the fullest extent permitted by applicable law, You waive, release, and agree not to assert any claim against Nexavyn, Ring to Revenue AI, and all other Protected Parties arising out of or relating to any of the foregoing matters.

17. ACCURACY OF INFORMATION, CUSTOMER REVIEW & BUSINESS DECISIONS

Information, details, and data generated, collected, stored, processed, captured, transmitted, synchronized, or otherwise made available through the Service — including call recordings, transcripts, summaries, captured details, names, phone numbers, contact details, call details, appointment details, and reasons for calling — may be incomplete, inaccurate, incorrect, delayed, misunderstood, or otherwise require review. You are solely responsible for reviewing, confirming, and verifying all important and business‑critical information before accessing, using, relying on, or taking any action or making any decision based on the Service, including: caller names and identities; contact information and phone numbers; appointment dates, times, and availability; the reason for the call and the nature of the caller's inquiry, request, or issue; call details and caller‑provided information; scheduling, rescheduling, and cancellation details; and any other information relevant to your business, communications, recordkeeping, or follow‑up. You must not rely on any recording, transcript, summary, or captured detail as the sole basis for taking action where review, confirmation, or verification is reasonably necessary.

Call summaries are provided solely as a convenience feature and are not a substitute for reviewing the underlying recording, transcript, or captured details, or for confirming information directly with the caller. Recordings, transcripts, and summaries are automated, system‑generated tools that may contain errors, omissions, inaccuracies, missing context, or misheard, misunderstood, misdetected, or misinterpreted details, and may otherwise incorrectly reflect a caller's statements, information, intent, or other details communicated during a call.

18. PERFORMANCE METRICS, ANALYTICS & RELIANCE

Informational and illustrative only — not guaranteed. Any performance metrics, analytics, estimates, comparisons, or other performance‑related information made available by or through the Service (including through the Service's dashboard, and whether during the free trial or your paid subscription) are provided solely for informational and illustrative purposes and are estimates only. They do not constitute, and must not be relied upon as, any guarantee, representation, warranty, assurance, or binding commitment regarding the Service's actual or future results, performance, call answering, appointment booking, customer acquisition, revenue, profitability, return on investment, financial performance, business outcomes, or any other outcome. Actual results may vary materially and depend on your business, industry, customers, and other business‑specific factors.

What such information may include. This information may include, without limitation:

  • call answering estimates (e.g., number of calls answered, the percentage of calls answered out of total calls received, and other answer‑rate metrics);
  • appointment‑booking estimates (e.g., number of appointments booked, and booking or conversion rates out of answered or total calls);
  • revenue‑impact estimates (e.g., estimated monthly revenue increases in dollars or percentages, and estimated new monthly revenue);
  • return‑on‑investment estimates; and
  • any similar analytics or performance‑related information.

The Service may include some, all, or none of the foregoing at any given time, and Nexavyn has no obligation to make any particular metric, analytic, estimate, comparison, or other information available.

Based on your inputs and other variables. Any such information is based on: (a) the assumptions, inputs, and information You provide; (b) the configurations, conditions, and settings established or applied at setup or otherwise in connection with your business (including those based on your inputs and desired settings); and (c) other variables, events, and factors outside Nexavyn's control — including pricing assumptions, appointment‑related assumptions, calendar availability, and caller‑ and customer‑provided information.

Accuracy depends on input quality — and on other factors. The accuracy, completeness, usefulness, and reliability of any such information may depend, in whole or in part, on the accuracy, completeness, consistency, reliability, and overall quality of the assumptions, inputs, and information You provide:

  • where your inputs are accurate, complete, consistent, and reliable, the related information is more likely to be accurate, complete, useful, and reliable;
  • where your inputs are partial, incomplete, inconsistent, or limited, the related information is more likely to be only partially accurate, incomplete, less useful, or less reliable; and
  • where your inputs are inaccurate, incomplete, inconsistent, outdated, unreliable, or unsuitable, the related information is likewise more likely to be inaccurate, incomplete, less useful, or unreliable.

Even where You provide accurate, complete, and reliable inputs, such information may still be inaccurate, incorrect, incomplete, delayed, unavailable, or unreliable for other reasons, including: any technical, system, configuration, data, data‑synchronization, or dashboard limitation or issue affecting the Service or its system; any limitation or issue relating to Third‑Party Services; or any limitation or issue relating to Connections or any other external system, tool, or technical dependency. Nexavyn intends such information to be as useful, reliable, and accurate as reasonably possible — and in some cases it may be highly accurate and reliable — but does not guarantee this, and mistakes, inaccuracies, errors, omissions, delays, or other issues may exist in or affect it.

Your responsibility to evaluate independently. You are solely responsible for independently evaluating, analyzing, verifying, and determining any actual or future results, performance, outcomes, revenue, profitability, return on investment, or other outcome relating to your business and your use of the Service, and for making your own business, financial, and operational decisions. You assume all responsibility for your use of, reliance on, interpretation of, or decisions based on any such information. If You require any guarantee, representation, warranty, commitment, or assurance regarding any such matter, You must obtain it independently and must not rely on the Service or any such information for that purpose.

Disclaimer (performance metrics & analytics). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any loss, liability, damage, cost, expense, or other issue or consequence arising out of or relating to: (a) any metrics, analytics, estimates, comparisons, or other performance‑related information made available through the Service or its dashboard; (b) any reliance on, use of, interpretation of, or decision made based on any such information; (c) any inaccuracy, incorrectness, incompleteness, inconsistency, delay, unavailability, error, omission, mistake, or other issue affecting it; and (d) any technical or system limitation, any Third‑Party Service or Connection limitation or issue, or any other related limitation, issue, or consequence.

19. COMPLIANCE WITH LAWS

You are solely responsible for ensuring that your access to and use of the Service — including call recording, call transcription, call summarization, SMS and text messaging, and any related functionality — complies with all applicable laws, rules, regulations, and legal or regulatory requirements, including those governing recording, transcription, summarization, notice, consent, privacy, telecommunications, and data protection, as well as marketing, communications, SMS/text messaging, messaging standards and opt‑out (e.g., "STOP") handling, and anti‑spam/telemarketing, appointment‑related obligations, and any business‑ or industry‑specific requirements.

You Acknowledge and Agree that such requirements vary by business, industry, and jurisdiction, and that You are solely responsible for determining which laws, regulations, obligations, notices, consents, and disclosures apply to You, your business, your callers, your location, your industry, and any jurisdiction in which You or your callers are located, in connection with the creation, generation, collection, storage, access, review, use, disclosure, or other handling of recordings, transcripts, summaries, SMS messages, and other Call Data.

In particular, You are solely responsible for providing any required notices to your callers and for obtaining any required consents from your callers before or during any call recording, transcription, or summarization, and for any SMS messaging and opt‑out handling, conducted through or in connection with the Service. You will access and use the Service only in compliance with all applicable laws, including all laws requiring caller notice and all laws requiring caller consent.

20. CALL DATA — COLLECTION, STORAGE, RETENTION, DELETION & USE

Recordings, transcripts, and summaries. The Service records, transcribes, and summarizes calls by default. For each call, the Service may create a call recording, generate a call transcript, and generate a call summary, and store them within your dashboard, subject to availability, technical limitations, enabled features, settings, and applicable configurations. Call summaries are provided as a convenience feature and may be based on the call recording, transcript, or captured details. You may access and use recordings, transcripts, and summaries in connection with your business communications — including for caller follow‑up, internal review, and recordkeeping — for example, to review conversations and interactions with callers, call details and caller‑provided information, appointment‑related details, call reasons, and key points reflected in them.

Purposes and use. Recordings, transcripts, summaries, and other Call Data may be created, collected, accessed, reviewed, used, and stored: (a) to support your business operations, including your follow‑up with callers and your review of caller interactions, call content, caller‑provided information, appointment‑related details, and key discussion points; and (b) to support the Company's review, quality assurance, troubleshooting, maintenance, improvement, development, refinement, support, and operation of the Service, the AI Voice Agent, and the Service's system. Such use may include improving call‑handling functionality; improving how the AI Voice Agent communicates with callers, asks and responds to questions, qualifies callers, schedules appointments, and transfers and routes calls (including routing accuracy); and improving any other aspect of the Service. You Acknowledge and Agree that such internal review, analysis, processing, and training of the AI Voice Agent is an integral part of how the Company maintains, improves, and operates the Service over time. Further details on how Call Data is collected, used, handled, disclosed, stored, and protected may be set out in the Company's Privacy Policy.

Storage, retention, and availability. Recordings, transcripts, and summaries are currently stored within the Service's system and may be made available through your dashboard, subject to availability, retention/deletion/storage‑management practices, storage capacity, account status, settings, enabled features, configurations, updates to or changes in the Service's system or Third‑Party Services, third‑party issues, and other operational, technical, administrative, or system limitations. At this time the Company does not maintain a fixed retention period, but reserves the right, at any time in its sole discretion, to implement a retention period or other storage‑management practices under which Call Data may be deleted and may no longer be available after a period of time, for operational, technical, storage, efficiency, maintenance, improvement, or other business reasons (including preserving storage capacity and supporting the AI Voice Agent and related components as usage and the client base grow). Nexavyn, Ring to Revenue AI, and the Protected Parties do not represent, warrant, or guarantee that any recording, transcript, or summary will remain available for any specific period, will always be retrievable, or will always be accessible without interruption, limitation, delay, error, or loss; Call Data may become unavailable, deleted, or inaccessible for any of the foregoing reasons. (No guarantee of availability is also stated in §9; liability is disclaimed in §10.)

Your responsibility to retain. You are solely responsible for exporting, saving, documenting, backing up, or otherwise retaining any Call Data You wish to preserve (for your records, legal or regulatory compliance, internal documentation, business operations, appointment management, customer communications, follow‑up, or any other purpose), to the extent supported by the Service.

Customer deletion. At this time, customers cannot self‑delete Call Data from the dashboard, and Call Data may remain stored within the Service's system unless and until deleted by the Company in accordance with its storage‑management, retention, operational, or legal practices. The Company may, in its sole discretion, introduce customer‑side deletion controls or similar functionality in the future, but is under no obligation to do so at any particular time or at all. Where the Company implements a retention period, storage‑management practice, or deletion functionality, it reserves the right (but does not undertake any obligation) to update these Terms and, where required by applicable law, to provide notice; it may use commercially reasonable or best efforts to alert business owners, but does not guarantee that these Terms will be updated in every instance or that any notice or alert will be provided, received, reviewed, or acted upon. (See §30.)

Compliance, accuracy, and reliance. Your responsibility for caller notice and consent and for legal compliance in connection with recording, transcription, and summarization is set out in §19. The accuracy limitations of recordings, transcripts, summaries, and captured details, and your responsibility to review and verify them, are set out in §§4 and 17. The Company's processing license over Call Data is set out in §25.

Security and privacy. The Company maintains security on a reasonable‑efforts basis and does not guarantee that Call Data will be secure or protected against unauthorized access, loss, or breach. Handling of Call Data is further described in the Company's Privacy Policy [link].

21. SMS & MESSAGING SERVICES

Features and functionality. If enabled, the Service may automatically send SMS text messages to your callers on your behalf in connection with appointment scheduling, rescheduling, cancellation, and other appointment‑related communications. Such messages may include appointment confirmation messages (following scheduling), updated confirmation messages (if an appointment is rescheduled or cancelled), and appointment reminder messages (before a scheduled or rescheduled appointment). Such messages may be sent as part of the Service's workflow when a caller's interaction with the AI Voice Agent schedules, reschedules, cancels, confirms, reminds, or otherwise supports an appointment‑related interaction.

Your authorization. You authorize the Service to send automated SMS text messages to callers on your behalf when triggered by appointment‑related actions, including when a caller schedules, reschedules, or cancels an appointment (through the AI Voice Agent or via the rescheduling or cancellation link included in a confirmation message), or when an appointment reminder message is scheduled to be sent.

Availability and limitations. SMS and related messaging functionality may or may not be enabled at any given time and is subject to configuration settings, Service availability, third‑party support, Third‑Party Services, carrier and internet connectivity, technical limitations, and other operational, technical, or service‑related factors. Messaging is provided solely to support appointment‑related communications and does not constitute any guarantee of message delivery, receipt, timeliness, accuracy, or successful caller response.

Timing, frequency, and format. The timing, frequency, formatting, and content of any message may vary depending on configuration, setup, design, settings, Third‑Party Services, technical limitations, and other factors. Confirmation messages may be configured to send shortly after the relevant scheduling or rescheduling (for example, shortly after the caller's interaction with the AI Voice Agent), although timing may vary. Reminder messages may be configured to send 24 hours and 2 hours before an appointment as two separate reminders; alternative intervals may or may not be supported and would be determined at setup, subject to the Service's supported functionality.

Your messaging and opt‑out responsibilities. You are solely responsible for reviewing, approving, and ensuring that your messaging settings and the timing of confirmation, reminder, and other appointment messages are appropriate, suitable, and compliant for your business, industry, callers, customers, scheduling practices, and legal and regulatory obligations (see also §19). Where required by applicable law, regulation, or messaging standards, SMS messages sent through the Service may include opt‑out language (for example, "Reply STOP to opt out"). If a caller opts out, that caller may no longer receive confirmation, reminder, or other messages, and the Service may be limited in its ability — or unable — to send further messages to that caller unless and until lawfully permitted again. You are solely responsible for ensuring that opted‑out callers continue to receive any necessary, important, or legally required information through other appropriate channels (such as phone, email, or voicemail), and for ensuring that your SMS use and opt‑out handling comply with all applicable laws. The Company may make available messaging tools and features (such as opt‑out instructions and standard message formats), but does not represent, warrant, or guarantee that any default settings, tools, opt‑out language, message content, or other messaging functionality will be sufficient to satisfy all applicable laws, regulations, requirements, or standards in any jurisdiction, industry, or use case; ensuring compliance is solely your responsibility.

Liability for messaging — including undelivered, delayed, duplicate, mistimed, or otherwise unsuccessful messages; carrier/network/internet or Third‑Party Service issues; workflow or scheduling‑mismatch issues; the effect of caller opt‑outs; and any resulting missed appointment, lost customer, or lost revenue — is disclaimed in §10.

22. FREE TRIAL, LIVE DEMO & PERFORMANCE SPLIT‑TEST

Free trial — 14 days. Start your 14‑day free trial and try the Service free, at no cost. Nexavyn will set everything up and run a simple split test in which approximately 50% of your inbound calls are routed to the AI Voice Agent while the remaining calls go to your current (human) receptionist or team. You can then compare how each side answers calls, books appointments, and impacts revenue — through side‑by‑side results in the Service dashboard — before deciding whether to continue. No payment. No commitment. No payment method is required to participate, and You may cancel at any time during the trial. The trial begins once You agree to try the Service and accept these Terms, and is intended to give You proof before You pay — including proof of the Service's call answering, call handling, appointment scheduling, and revenue‑generation capabilities for your business.

Free trial duration and extensions. Unless Nexavyn expressly provides a different trial period in writing, the initial free trial period is 14 calendar days. Nexavyn may, at any time and in its sole discretion, offer, modify, extend, limit, or decline to extend any free trial, including by extending a free trial to 30 days or another period that Nexavyn determines is appropriate based on the applicable client, business type, use case, implementation requirements, evaluation needs, call volume, appointment volume, usage patterns, business needs, or any other factors Nexavyn considers relevant. Some businesses may be able to evaluate the Service within the initial 14‑day period, including whether the Service is suitable for their business and whether it may support appointment booking, revenue generation, operational efficiency, or other business outcomes. Other businesses may require additional time to evaluate the Service, including where a longer trial period is reasonably useful to assess whether the Service is a good fit, supports revenue‑generating activities, or provides meaningful value in their specific operating environment. Any extension is discretionary, is not guaranteed, and must be confirmed by Nexavyn. Offering, modifying, limiting, or extending a free trial for one client does not require Nexavyn to offer, modify, limit, or extend a free trial for any other client, even where clients operate in similar industries or use the Service in similar ways.

Live demo (separate from, and not part of, the free trial). Independently of the free trial, Nexavyn makes available a live demo on its website that anyone can try. The live demo lets a business owner try the AI Receptionist and hear how the AI Voice Agent answers calls and books appointments for businesses. It is provided for general demonstration purposes only, is standalone and not part of the free trial, and does not connect the AI Voice Agent or AI Call Assistant to any business's calendar, phone system, or other Connections.

Performance split‑test. During the trial, Nexavyn may set up and configure the Service to operate on a split‑test basis against your existing call answering, call handling, and appointment scheduling processes, under which, approximately: (a) the AI Voice Agent answers and handles ~50% of your inbound calls; and (b) your current receptionist or team continues to answer and handle the remaining ~50% in the ordinary course during that period. The Service dashboard then displays side‑by‑side results comparing the AI Voice Agent's performance against your human receptionist's, so You can determine whether the Service is a suitable fit before deciding whether to continue into a paid subscription.

What the dashboard shows. The dashboard presents side‑by‑side performance and revenue comparisons between the AI Voice Agent and your human receptionist, which may include, without limitation:

  • AI Voice Agent — Performance Overview: Calls to AI, AI Answer Rate, AI Booking Rate, Appointments Booked by AI, Estimated Revenue, and Estimated Savings;
  • AI Voice Agent — Revenue Snapshot: Projected Monthly Revenue Increase, Monthly Revenue Increase Multiple, Projected New Monthly Revenue, Projected Monthly ROI, and Estimated Payback Period;
  • Human Receptionist — Performance Overview: Calls to Human, Human Answer Rate, Human Booking Rate, Appointments Booked by Human, Estimated Revenue, and Cost Difference;
  • Human Receptionist — Revenue Snapshot: Projected Monthly Revenue Increase, Monthly Revenue Increase Multiple, Projected New Monthly Revenue, Projected Monthly ROI, and Estimated Payback Period; and
  • Trends and comparisons over time: additional metrics, charts, and graphs showing each side's performance over time and at any particular period, so You can compare the AI Voice Agent against your human receptionist and assess whether the AI Voice Agent is a good fit for your business.

Trial setup. The trial may include, without limitation: (a) setup and configuration of the AI Voice Agent / AI Call Assistant system with your phone system, calendars, and other supported Connections, where applicable; and (b) performance split‑testing, performance tracking, and access to the metrics, charts, and graphs above through the dashboard. The trial is designed to give You free access to the Service for 14 days and side‑by‑side performance and revenue data (AI Voice Agent vs. your human receptionist) to help You evaluate suitability before entering any paid subscription.

Nature of trial results — informational only. You Acknowledge and Agree that all free‑trial results, dashboard results, performance metrics, revenue snapshots, comparisons, estimates, projections, multiples, ROI figures, payback‑period figures, savings figures, and cost‑difference figures (concerning call answering, appointment booking, customer acquisition, revenue generation, return on investment, and similar data) are provided for informational, evaluative, and illustrative purposes only, and in particular that:

  • they are estimates and projections only and may rely on caller‑provided information, pricing assumptions, appointment assumptions, calendar availability, business availability, configuration settings, follow‑up activity, and other inputs and factors, including factors outside Nexavyn's control;
  • their accuracy, completeness, reliability, and usefulness may depend, in part, on the accuracy, completeness, and reliability of caller‑provided information and other data inputs;
  • results may vary based on industry, seasonality, business type, service type, appointment value, follow‑up speed, availability, staff responsiveness, your sales process, and other operational or business factors;
  • the split‑test is approximate only — owing to technical issues, technical limitations, and other factors, Nexavyn does not guarantee it will operate or function exactly as described or with exact precision, including that the AI Voice Agent will handle ~50%, or that your receptionist or team will handle ~50%, of inbound calls; and
  • Nexavyn does not guarantee the accuracy, completeness, reliability, precision, usefulness, or predictive value of any such results, projections, or estimates, which must not be relied upon as a guarantee, warranty, representation, or predictor of future call answering or call handling performance, appointment bookings, customer acquisition, revenue, return on investment, savings, or any other business or operational outcome.

Your responsibility. You are solely responsible for reviewing and evaluating the free trial, the performance split‑test configuration, the results, metrics, and projections displayed through your dashboard, the assumptions underlying those results, and whether the Service is appropriate for your business.

Disclaimer (free trial, live demo & split‑test). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any issue or consequence arising out of or relating to the free trial, the live demo, or the performance split‑test, including, without limitation: (a) any free‑trial or dashboard results, metrics, revenue snapshots, projections, multiples, ROI figures, payback periods, savings, comparisons, estimates, assumptions, or inputs relating to call answering, appointment booking, customer acquisition, revenue generation, return on investment, or other performance data made available during or following the trial; (b) any perceived performance outcome, business decision, or decision to continue or not continue using the Service; and (c) any loss, damage, liability, cost, expense, or other consequence arising out of or relating to the trial, the live demo, the split‑test, or your reliance on any such results, metrics, projections, comparisons, estimates, assumptions, or inputs — including any caller‑provided information, pricing assumptions, appointment assumptions, or calendar or business availability used to generate, support, display, or inform them.

23. FEES, PRICING, PAYMENTS, BILLING, SUBSCRIPTIONS, CANCELLATION & REFUNDS

Pricing. Unless Nexavyn expressly agrees otherwise in writing, all Fees for the Service are stated and payable in Canadian dollars (CAD). The Service's current standard pricing is:

  • a one‑time Setup Fee of $1,000 CAD (the "Setup Fee"); and
  • a Monthly Subscription Fee of $500 CAD per month (the "Subscription Fee").

The Subscription Fee continues to be charged on a recurring monthly basis unless and until the Service is cancelled in accordance with these Terms or otherwise terminated under any applicable written agreement between You and Nexavyn. Upon completion of the free trial, You may elect, in your sole discretion, to continue using the Service; if You proceed with the paid Service, You will be charged the Setup Fee and the Subscription Fee unless Nexavyn expressly agrees otherwise in writing. By proceeding with the paid Service after the free trial, You Acknowledge and Agree that You had the opportunity to evaluate the Service during the free trial and that You are satisfied with its functionality, performance, and suitability for your business.

Fees acknowledgement. You Acknowledge and Agree that the Setup Fee and Subscription Fee apply unless Nexavyn expressly agrees otherwise in writing (including any different, promotional, custom, or bundled pricing or other written pricing terms), and that your obligation to pay all applicable Fees continues unless and until the Service is properly cancelled in accordance with these Terms.

No payment during the free trial. No payment or commitment is required during the 14‑day free trial or any discretionary extension confirmed by Nexavyn, and no credit card, debit card, or other payment method is required during that period unless Nexavyn expressly provides otherwise in writing. You are not purchasing the Service during the free trial, and nothing will be charged or collected from You during that period.

End of free trial; start of the paid subscription period. Unless Nexavyn confirms a different period or discretionary extension in writing, the 14‑day free trial is a fixed period of 14 calendar days beginning on the applicable free‑trial start date. The 14th day is the final day of free‑trial access, and access under the free trial ends immediately at the end of that 14‑day period. The day immediately following the 14th day is the date on which the free trial ends and your paid subscription period begins, unless another date is agreed between You and Nexavyn or specified at sign‑up; accordingly, if You choose to continue, your first paid charge is generally processed on that date. Example: if your trial begins April 5, the 14th day is April 18, the trial ends April 19, and your paid subscription typically begins — and your first charge is typically processed — on April 19, unless You cancel before the end of the trial in accordance with these Terms. In short:

  • the free trial provides free access for a fixed 14‑day period;
  • the 14th day is the final day of free‑trial access;
  • access ends immediately at the end of that 14‑day period; and
  • the day immediately following the 14th day is when the trial concludes and, unless cancelled in accordance with these Terms or extended by Nexavyn, your paid subscription may begin and the Subscription Fee may be charged.

Payment authorization, monthly billing & processing. By continuing with the Service after the 14‑day free trial and providing a payment method, You authorize Nexavyn to charge the applicable Fees to that payment method in accordance with these Terms. The Service is a monthly subscription: after the free trial, if You remain subscribed, Nexavyn may charge the applicable Fees on the start date of your paid subscription and, unless cancelled in accordance with these Terms, on a recurring monthly basis thereafter for so long as your subscription remains active, unless otherwise agreed by Nexavyn in writing. Monthly billing is generally based on the same numerical calendar date of the applicable renewal month, rather than a fixed 30‑day cycle. Nexavyn uses Stripe as its payment processor to process subscription payments in connection with the Service, including during your paid subscription period.

Cancellation.

  • During the free trial: You may cancel the 14‑day free trial at any time during the trial period, and You will not be charged any Fees for cancelling during that period.
  • During the paid subscription period: You may cancel your paid monthly subscription at any time by providing notice in accordance with the applicable cancellation process for your account. Unless otherwise required by applicable law or expressly agreed by Nexavyn in writing, cancellation stops future recurring monthly Subscription Fees from being charged after the end of the current billing period. Cancellation does not retroactively cancel or refund the current billing period once it has started, and does not entitle You to any refund, credit, or prorated reimbursement for that billing period. If your paid subscription is cancelled, You may continue to access and use the Service up to and including the final day of the current billing period, but not after, unless Nexavyn expressly agrees otherwise in writing.
  • Your responsibility to cancel properly: It is your responsibility to properly submit and complete any cancellation notice or procedure in accordance with the applicable cancellation process. Recurring monthly Subscription Fees may continue unless and until your cancellation has been properly submitted, completed, and become effective in accordance with these Terms.

Suspension or termination for non‑payment. After the free trial, once the paid subscription period begins and at any time during it, Nexavyn may suspend, restrict, or terminate your access to the Service in the event of non‑payment, failed payment, billing failure, an expired or invalid payment method, or any other payment dispute or billing‑related issue (see also §24).

Disclaimer (cancellation, suspension & billing). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any issue or consequence arising out of or relating to:

  • any loss of access to, suspension of, restriction of, or termination of your access to the Service;
  • any cancellation of the Service, whether during the free trial or the paid subscription period;
  • any non‑payment, failed payment, payment issue, billing issue, or other billing‑related matter; and
  • any resulting loss, liability, damage, cost, expense, missed call, missed lead, missed communication, missed appointment, caller or appointment issue, lost customer, lost revenue, or other business, operational, financial, or service‑related consequence — including any arising from the transition from the free trial to the paid subscription period.

Your payment responsibilities. If You choose to continue after the free trial, the applicable paid Subscription Fees begin on the start date of your paid subscription, and You are responsible for all charges incurred from and after that date. You are responsible for providing a valid payment method, keeping your payment information current, complete, and accurate, and understanding when the free trial ends and when your paid subscription begins.

Disclaimer (fees, billing & the transition to the paid subscription). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any issue or consequence arising out of or relating to Fees, pricing, billing, payments, or the transition from the free trial to the paid subscription period, including, without limitation:

  • any misunderstanding, assumption, or expectation relating to Fees, pricing, billing frequency, recurring charges, or the continuation of monthly Subscription Fees where the Service has not been cancelled in accordance with these Terms;
  • any missed cancellation, billing expectation, or dispute;
  • any payment, payment‑method, payment‑authorization, payment‑processing, failed‑payment, declined‑payment, billing‑timing, or related payment matter; and
  • any resulting loss, damage, liability, cost, expense, missed call, missed lead, missed communication, missed appointment, caller or appointment issue, lost customer, lost revenue, or other business, operational, financial, or service‑related consequence arising out of or relating to any of the foregoing.

Taxes. All Fees are stated in Canadian dollars (CAD) and are exclusive of all applicable Taxes unless expressly stated otherwise. "Taxes" means any applicable harmonized sales tax (HST), goods and services tax (GST), provincial sales tax (PST), and any other applicable federal, provincial, territorial, state, local, or similar taxes, duties, tariffs, or governmental charges imposed by any governmental authority in any applicable jurisdiction. Taxes apply to all Fees, including the one‑time Setup Fee and all recurring monthly Subscription Fees. You are responsible for all applicable Taxes arising from or relating to your purchase of, access to, and use of the Service, other than taxes based solely on Nexavyn's net income.

  • How Taxes are determined. Taxes may be calculated, charged, and applied based on factors Nexavyn determines are relevant under applicable law — including your location, billing address, business address, jurisdiction, tax status, registration status, and other information reasonably required. For customers in Ontario, applicable HST may be charged at the applicable rate; for customers elsewhere in Canada, applicable HST, GST, PST, and/or other similar Taxes may apply in accordance with applicable law.
  • Tax exemptions. If You claim an exemption, You must provide Nexavyn, before billing, with valid tax‑exemption documentation, a valid certificate, a valid exemption number, and/or a valid tax‑registration number, or other documentation reasonably requested. You are solely responsible for providing complete, accurate, current, and valid tax‑related information, and represent and warrant that it is. If You fail to provide sufficient documentation before billing, or any claimed exemption is unavailable, invalid, expired, inaccurate, incomplete, inapplicable, or later denied, or Nexavyn is otherwise required or permitted by law to collect Taxes, Nexavyn may at any time charge and collect the applicable Taxes, and You remain fully responsible for them.
  • Customers outside Canada. For customers outside Canada (including the United States and other foreign jurisdictions), You are solely responsible for determining, reporting, paying, and remitting any applicable Taxes, duties, tariffs, or other governmental charges that may apply in your jurisdiction.
  • Reliance on your information; adjustments. Nexavyn may rely on the information You provide to determine applicable Taxes, and may update, charge, collect, or adjust Taxes at any time if required or permitted by applicable law — including to correct errors or omissions, to charge previously uncollected Taxes, or as a result of changes in tax laws, rules, or regulations, or changes in your information, jurisdiction, business status, tax status, or applicable tax treatment. You are solely responsible for keeping all such billing, business, tax, registration, and exemption information complete, accurate, current, and valid.
  • Your continuing responsibility. You remain solely responsible for all Taxes and all tax‑compliance obligations applicable to your business, except to the extent applicable law expressly requires Nexavyn to collect and remit specific Taxes.

Disclaimer (Taxes). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any loss, liability, damage, penalty, interest, assessment, claim, cost, expense, or other issue or consequence arising out of or relating to Taxes, including, without limitation:

  • the calculation, application, collection, non‑collection, reporting, remittance, validation, monitoring, or other treatment or handling of any Taxes — whether inside or outside Canada, and including any foreign sales, use, value‑added, or similar taxes;
  • Nexavyn's reliance on the information You provide, and any inaccurate, incorrect, incomplete, invalid, outdated, or misleading billing, business, location, jurisdiction, business‑status, or tax‑status information You provide;
  • your failure to pay, report, or remit any Taxes, to satisfy any tax‑related obligation, or to provide valid exemption documentation or complete, accurate, current, and valid tax information;
  • any determination by any governmental authority regarding your tax status, exemption status, jurisdiction, or tax obligations;
  • any changes in applicable tax laws, rules, regulations, or treatment, or in your information, jurisdiction, business status, or tax status;
  • any applicable Canadian (federal, provincial, territorial, or local), United States (federal, state, or local), or other foreign tax laws, rules, or requirements applicable to You; and
  • Taxes applicable to the one‑time Setup Fee and the recurring monthly Subscription Fees, and any related tax treatment, calculation, assumption, obligation, or reporting issue.

Refunds — fees are final and non‑refundable. At this time, Nexavyn does not offer refunds. All Fees paid, including the Setup Fee and any Subscription Fees, are final, non‑refundable, and non‑creditable, and You are not entitled to any refund, credit, reimbursement, or other compensation under any circumstances, except where required by applicable law (or as expressly provided in these Terms or in any applicable written performance guarantee, if offered by Nexavyn). Nexavyn may, in its sole discretion, introduce a refund policy in the future. You expressly Acknowledge and Agree that:

  • the Setup Fee compensates Nexavyn for setup, configuration, onboarding, implementation, and other work completed in configuring the Service for your business profile;
  • the Service is made available during the 14‑day free trial at no cost, giving You a meaningful opportunity to evaluate its performance (call answering, handling, appointment scheduling, revenue generation, and related activities, including against your team's corresponding performance) before paying any Fees; and
  • if You proceed with the paid Service after the free trial, You become responsible for the Setup Fee and recurring monthly Subscription Fees for so long as your subscription remains active, and your decision to proceed is made in your sole discretion based on your own review and evaluation of the Service and the associated metrics, analytics, estimates, and comparisons made available during the free trial.

No refund for third‑party, connectivity, your‑side, caller‑side, or other external issues. You Acknowledge and Agree that Nexavyn is not responsible for, and You are not entitled to any refund, credit, reimbursement, or other compensation in connection with, any issue, error, inaccuracy, unavailability, delay, failure, outage, downtime, disruption, limitation, performance impact, or other matter arising out of or relating to:

  • any Third‑Party Services or third‑party service providers used in connection with the Service;
  • any carrier, network, internet, telecommunications, or caller connectivity or other communication issue;
  • any calendars, Connected Systems, or other Connections;
  • the AI Call Assistant or AI Voice Agent operating on inaccurate, incorrect, incomplete, outdated, or unsuitable information, Data, instructions, settings, or configurations provided by You or on your behalf;
  • your business's or team's ability to answer transferred calls, communicate with customers outside the Service's intended scope, or follow up appropriately, effectively, or in a timely manner;
  • your staff availability, operations, or other business‑side matters;
  • caller‑side issues, including misdials, caller errors, caller availability, or caller connectivity; or
  • any other technical, operational, third‑party, client‑side, caller‑side, business‑side, or external factor outside Nexavyn's control.

No guarantee of business results; metrics are informational only. The Service is an AI‑based, telecommunications‑related, technology‑based system and is inherently subject to uncertainty and variability. Nexavyn, Ring to Revenue AI, and all Protected Parties do not guarantee, represent, warrant, or commit to any specific result or outcome relating to your business, sales, revenue, financial performance, call answering, call handling, caller qualification, caller conversion, appointment scheduling, customer acquisition, return on investment, or any other business or financial outcome (see also §9). Business results depend on factors outside Nexavyn's control, including your business profile, industry, customers, products, services, and pricing; your sales processes, responsiveness, marketing, business model, and internal operations; and other business factors. Any data, metrics, analytics, estimates, comparisons, or percentages made available during the free trial or your paid subscription are informational and illustrative only and are not a promise, guarantee, representation, or commitment of any present or future performance, outcome, or result. (The full terms governing reliance on performance metrics and analytics are in §18.)

Support is non‑financial; no monetary remedies. Nexavyn will provide reasonable support and use commercially reasonable efforts to maintain and improve the Service, and may (in its discretion) provide troubleshooting, adjustments, updates, fixes, or other remedial measures in the event of technical issues. Any such support or remediation is non‑financial in nature and does not create any obligation to provide a refund, credit, reimbursement, or other financial compensation. You Acknowledge and Agree that You are not entitled to any refund, credit, reimbursement, or other compensation in connection with your use of the Service, including for (a) dissatisfaction with the Service's performance, results, or outcomes, or (b) any failure to achieve anticipated revenue, return on investment, or other business or financial results — unless Nexavyn expressly agrees otherwise in writing or such compensation is required by applicable law.

Usage limits and protections. At this time, the monthly subscription is intended to include unlimited calls and minutes, with no planned usage caps based on call minutes, number of calls, or number of business locations. Subject to these Terms and payment of the applicable Subscription Fee, your monthly subscription is intended to permit use of the Service for an unlimited number of calls during each subscription period.

This unlimited‑use structure is provided subject to your reasonable, lawful, and authorized use of the Service and does not permit any abuse, misuse, fraud, unauthorized use, or any use that causes or may cause operational, technical, commercial, or other harm to the Service, its system, or Nexavyn's business. Accordingly, Nexavyn reserves the right, in its sole discretion, to implement reasonable usage limits, safeguards, controls, restrictions, and other protective or operational measures in the future where necessary to prevent abuse, misuse, fraud, excessive system burden, operational or technical issues, commercial harm, or any other harm to the Service, its system, or Nexavyn's business. (Prohibited and unauthorized uses are addressed in §8; suspension and termination in §24.)

If any such measures are implemented, Nexavyn may update these Terms and/or provide notice, including where required by applicable law. Although Nexavyn intends to use reasonable best efforts to do so, You Acknowledge and Agree that it may not do so immediately and may, in some cases, fail to do so.

Disclaimer (usage limits & protective measures). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for:

  • any delay in, or failure of, updating these Terms or providing notice relating to any such usage limits, safeguards, controls, restrictions, or measures; and
  • any limitation, restriction, suspension, modification, safeguard, control, or other protective or operational measure implemented in good faith to (a) protect the Service, the AI Voice Agent, or its system; (b) prevent abuse, fraud, misuse, unauthorized use, or any use that causes or may cause operational, technical, commercial, or other harm to the Service, the AI Voice Agent, its system, or Nexavyn's business; or (c) preserve the integrity, performance, reliability, sustainability, or proper operation of the Service, the AI Voice Agent, or its system —

except to the extent such liability cannot be disclaimed under applicable law.

24. SUSPENSION & TERMINATION

Suspension, restriction & termination rights. Nexavyn may, in its sole discretion, suspend, restrict, or terminate your access to the Service, in whole or in part, at any time, with or without notice, if it determines that: (a) You have violated these Terms; (b) your access to or use of the Service is unlawful, unauthorized, prohibited, inappropriate, incorrect, or otherwise improper; (c) your access to or use of the Service poses, or may pose, a risk to Nexavyn, the Service, any Connections, Connected Systems, Third‑Party Services, applicable third‑party providers, or any third party; or (d) such action is necessary or advisable to comply with applicable law or to protect Nexavyn's business, rights, property, interests, or operations. The specific grounds below (non‑payment and prohibited or unlawful use) are examples of, and do not limit, this general right.

Suspension or termination for non‑payment or billing issues. After the free trial, once the paid subscription period begins and at any time during it, Nexavyn may suspend, restrict, or terminate your access to the Service in the event of non‑payment, failed payment, billing failure, an expired or invalid payment method, or any other payment dispute or billing‑related issue.

Disclaimer. To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any suspension, restriction, or termination of access, and for any resulting loss, missed call, missed lead, missed appointment, lost customer, lost revenue, or other consequence (see also the cancellation, suspension & billing disclaimer in §23 and the general disclaimer in §10).

Suspension or termination for prohibited or unlawful use. Nexavyn may also refuse, limit, restrict, suspend, disable, or terminate any customer, customer account, customer relationship, or any use of the Service (including any use case, workflow, feature, functionality, or configuration) that it determines to be unlawful, unsafe, high‑risk, inappropriate, misleading, deceptive, abusive, harassing, threatening, non‑compliant, or otherwise unsuitable for the Service, as further described in §8.

Your right to stop using and cancel. You may stop using the Service at any time. Where applicable, You may also terminate your access by canceling your subscription in accordance with these Terms (see §23).

Effect of suspension, restriction, or termination. Upon any suspension, restriction, or termination: (a) your right to access and use the Service will immediately cease; (b) Nexavyn may disable, suspend, restrict, terminate, or delete your account, access credentials, access to the Service, and any associated data, content, information, settings, or materials, subject to applicable law; and (c) to the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any loss, liability, damage, claim, cost, expense, or other issue or consequence arising out of or relating to such suspension, restriction, termination, disablement, or deletion (see also the disclaimer above, §23, and §10). Because the Service does not provide a self‑service deletion option and Nexavyn does not guarantee data retention, You are responsible for maintaining your own backups of any Call Data or other information You wish to keep (see §20).

Payment obligations survive. Termination, restriction, or suspension does not relieve You of any obligations, liabilities, or amounts accrued or incurred before the effective date of such termination, restriction, or suspension, including any payment obligations such as any monthly Subscription Fees due for the Service during any paid subscription period.

Survival. Any provisions of these Terms that by their nature should survive will survive termination, suspension, restriction, or expiration and remain in full force and effect, including, without limitation: (a) provisions relating to payment obligations, ownership, intellectual property, and your responsibilities; (b) provisions relating to disclaimers of liability and responsibility, disclaimers of guarantees, warranties, representations, assurances, or binding commitments, limitations of liability, and other risk allocations; (c) provisions relating to indemnification, governing law, and dispute resolution; and (d) any other provisions intended by their nature, purpose, or express terms to survive. (See also §32.)

25. INTELLECTUAL PROPERTY, COPYRIGHTS & LICENSE

Ownership. The Service — including all underlying software, AI models, systems, tools, features, functionality, workflows, methods, processes, content, infrastructure, technology, Documentation, and related components, and any part thereof — and all ownership, proprietary, intellectual property, and other legal rights in and to the Service, are and will remain the exclusive property of Nexavyn / Ring to Revenue AI and its licensors. As between You and Nexavyn, all right, title, and interest in and to the Service are and will remain exclusively owned by and vested in Nexavyn / Ring to Revenue AI and its licensors. These Terms do not grant You any ownership, proprietary, intellectual property, or other rights, title, or interest in or to the Service or any part thereof, other than the limited license expressly granted below.

Reservation of rights. All rights not expressly granted to You under these Terms are reserved by Nexavyn / Ring to Revenue AI and its licensors.

Third‑party components. For clarity, any third‑party integrations — including the software, systems, tools, services, infrastructure, features, functionality, and related components of the relevant Third‑Party Service providers used in connection with the Service — are owned by those applicable third‑party providers and are not owned by Nexavyn / Ring to Revenue AI. (See §16 for Third‑Party Services, dependencies, and related disclaimers.)

Copyright and proprietary materials. Nexavyn and its owners and licensors own the proprietary rights, as well as the intellectual‑property rights, to all of the Company's websites, URLs, dashboards, interfaces, web content, images, text, tools, and software that make up the Service — but excluding the data and information You provide to us or input using the Service, which remains yours as described in §20. These materials are protected by copyright, trademark, and other intellectual‑property laws, and, subject to your ownership of your own data and content, Nexavyn reserves all rights in and to them.

Trade secrets. The technical procedures, processes, concepts, and methods of operation inherent in the Service constitute the trade secrets and confidential information of Nexavyn and its licensors.

Trademarks. The names, logos, trademarks, service marks, and trade names used in connection with the Service — including "Nexavyn," "Ring to Revenue AI," and related brand elements, whether registered or unregistered — are owned by Nexavyn (or its licensors). Except as expressly set out in these Terms, Nexavyn does not grant You any right or license to use any of these marks, logos, trade names, or other intellectual property.

Limited license to You. Subject to your compliance with these Terms, Nexavyn grants You a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to access and use the Service solely for your internal business purposes, and only as expressly permitted under these Terms.

License from You (Customer Data and Call Data). You grant Nexavyn a license to process Customer Data and Call Data (including recordings, transcripts, and summaries) to provide, maintain, troubleshoot, improve, develop, refine, support, and operate the Service and to train and refine the AI Voice Agent, as described in §20.

Restrictions. You Acknowledge and Agree that You will not, and will not permit any third party to:

  • copy, reproduce, modify, adapt, distribute, sell, lease, license, sublicense, assign, transfer, publish, display, perform, create derivative works from, or otherwise exploit any part of the Service;
  • reverse engineer, decompile, disassemble, decode, or attempt to derive, extract, access, discover, or otherwise determine any source code, object code, underlying functionality, infrastructure, structure, architecture, workflows, methods, processes, or other underlying components of the Service, except to the extent this restriction is expressly prohibited by applicable law;
  • access or use the Service for any unlawful, unauthorized, prohibited, non‑compliant, fraudulent, abusive, or otherwise improper purpose;
  • use any automated, programmatic, or systematic means — including bots, scrapers, crawlers, scripts, or similar tools or methods — to access, monitor, extract, collect, copy, or otherwise use any data, content, or information from or through the Service;
  • interfere with, disrupt, harm, damage, circumvent, test, probe, or attempt to gain unauthorized access to the Service or any related systems, networks, accounts, data, security measures, or related components; or
  • access or use the Service in any manner that exceeds, violates, or is inconsistent with the scope of the license granted under these Terms.

Additional acceptable‑use, prohibited‑use, and no‑emergency‑use rules are set out in §8.

Protection of materials. You will not store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer, or copy the Service or any of its materials, software, or content, in whole or in part, without Nexavyn's express written consent, and You will take all reasonable steps to prevent any unauthorized use, copying, or transfer of materials on or relating to the Service. (This supplements the Restrictions above.)

Breach and enforcement. Any unauthorized, prohibited, improper, or non‑compliant access to or use of the Service, or any use in violation of these Terms, may violate (a) Nexavyn's internal terms, standards, policies, and practices; (b) applicable laws, regulations, requirements, rules, or industry standards — including those relating to the Service, artificial‑intelligence systems and tools, telecommunications systems and services, internet‑based services, and intellectual property, privacy, data protection, confidentiality, and consumer protection, and any other technology‑related systems, tools, or services; and (c) intellectual property or other proprietary or legal rights. Any such access or use constitutes a material breach of these Terms and may result in the suspension, restriction, or termination of your access to the Service (see §24), in addition to any other rights, remedies, or relief available at law, in equity, or otherwise.

26. SERVICE AVAILABILITY & MAINTENANCE

The Service may be configured to provide call handling on a 24/7 basis, including after‑hours, weekends, and holidays, subject to Service availability, enabled features, Third‑Party Services, and any technical or operational limitations. The Service is provided on a reasonable‑efforts, best‑efforts basis only, with no uptime guarantee. Although Nexavyn aims to keep the Service available and functioning properly, Nexavyn does not represent, warrant, or guarantee uninterrupted availability or any specific uptime level (including 99.9% uptime or any other minimum availability standard), or that the Service will be uninterrupted, error‑free, complete, or available at all times; no AI voice system, telecommunications system, messaging system, internet‑based service, Third‑Party Service, or connected software, system, or tool can guarantee uninterrupted, timely, secure, or error‑free operation, or that all calls will be answered, handled, routed, or transferred, or that any message will be delivered or received.

The Service may, from time to time, be unavailable, disrupted, interrupted, delayed, or otherwise affected — and uninterrupted or error‑free operation is not guaranteed — for a variety of reasons, including, without limitation:

  • improvement, development, refinement, maintenance, support, or ongoing operation of the Service, and any updates, modifications, reconfigurations, or other changes;
  • any outage, downtime, disruption, interruption, delay, performance issue, availability issue, technical limitation, or other technical issue affecting the Service, its system, the AI Voice Agent, any Connections, or any Third‑Party Services;
  • any carrier, network, internet, or caller connectivity issue, or any Third‑Party Service or third‑party‑integration issue; and
  • scheduled or emergency maintenance and downtime, or any other cause beyond Nexavyn's reasonable control, including any unexpected issue or event.

During any early‑stage, evaluation, free‑trial, or live‑demo period, the Service may be configured, adjusted, tested, refined, or improved, and its behavior, features, availability, and performance may vary.

No guarantee of issue resolution. Nexavyn will use commercially reasonable efforts, on a best‑efforts basis, to address issues with the Service as they arise, but does not represent, warrant, or guarantee that any such efforts will be successful, sufficient, error‑free, or completed within any particular timeframe, or any particular timeframe for identifying, responding to, addressing, resolving, or restoring the Service.

Disclaimer (availability & issue resolution). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for: (a) any outage, downtime, disruption, interruption, delay, unavailability, performance issue, or other issue affecting the availability or functionality of the Service — whether arising from any technical issue or limitation, Third‑Party Service or integration issue, carrier, network, internet, or caller connectivity issue, or any maintenance, update, improvement, or other work; (b) Nexavyn's efforts, attempted efforts, support, maintenance, troubleshooting, or inability to provide perfect, complete, or successful efforts in relation to any issue, and the timeframe for any resolution or restoration; and (c) any resulting missed call, missed lead, missed communication, missed appointment, appointment, transfer, messaging, or communication issue, customer issue, lost lead, lost customer, lost revenue, or other loss or consequence. (See also the general disclaimer in §10.)

27. CUSTOMER SUPPORT

How to reach support. Nexavyn currently provides customer support by email (the support address is posted on the Company's website), and may also make available a Contact Us form on the website. Support is available for questions relating to the Service, the AI Voice Agent, troubleshooting, issue resolution, setup, configuration, and use of the Service.

Availability of contact methods. Nexavyn does not represent, warrant, or guarantee that its support email, Contact Us form, or any related contact method will be available, functional, or accessible at all times. Nexavyn may use commercially reasonable efforts to keep them available but does not guarantee their continuous availability or operation.

Scope of support — general assistance only. Support is provided solely as a general customer‑assistance function and does not include, and must not be construed as including, business advice, consulting, business‑development services, professional advice, legal, compliance, or regulatory advice, professional services, custom development, custom configuration beyond the Service's standard scope, or any other advisory, consulting, implementation, or specialized service. Nexavyn is under no obligation to provide support beyond what it reasonably determines to be appropriate in relation to the Service, its system and tools, the AI Voice Agent, and reasonable customer questions from a general support perspective.

Response and resolution timeframes. Nexavyn does not provide any guaranteed response time, guaranteed resolution time, or formal service‑level agreement (SLA) at this time. Nexavyn will use commercially reasonable efforts to respond to support requests within approximately 1–2 business days, but does not represent, warrant, or guarantee that any request will be responded to within that timeframe or that any issue will be resolved within any particular period. Any stated timeframe is an estimate only and is not a guarantee, warranty, binding commitment, or service‑level promise; actual response and resolution times may vary based on request volume, issue complexity, Nexavyn's availability, business days, holidays, system conditions, and other operational factors.

Support is best‑efforts; no professional advice or guarantee. None of Nexavyn's support is to be construed as professional advice, guidance, recommendation, consulting, or any other professional or advisory service. Support is provided on a best‑efforts basis only, Nexavyn may make mistakes, and any support provided may be inaccurate, incomplete, incorrect, or otherwise unsuccessful. Because AI and related technological systems are inherently uncertain, unpredictable, and may produce variable or imperfect results, Nexavyn does not represent, warrant, or guarantee that any support will be error‑free, complete, accurate, correct, reliable, or suitable for your particular situation. (See also §5, No Professional Advice.)

Your responsibilities in support interactions. You are responsible for providing accurate information relating to the Service, its system and tools, and the AI Voice Agent in any support interaction, and for: (a) cooperating reasonably with Nexavyn's efforts and with troubleshooting and issue‑resolution efforts; and (b) following any reasonable support‑related instructions Nexavyn provides regarding setup, configuration, or use of the Service.

Disclaimer (customer support). To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties disclaim all liability and responsibility for any loss, liability, damage, cost, expense, delay, downtime, disruption, interruption, defect, or other issue or consequence arising out of or relating to:

  • any support limitation, delay, unavailability, response time, resolution time, or the absence of any SLA;
  • any support information provided to You that is inaccurate, incomplete, incorrect, or otherwise unsuccessful, and the accuracy, completeness, correctness, or reliability of any support;
  • any inaccurate, incomplete, or incorrect information You provide in a support interaction, or your failure to follow reasonable support guidance or instructions; and
  • any resulting misconfiguration, missed call, missed lead, missed communication, missed appointment, business issue, lost customer, lost revenue, or other consequence arising out of or relating to any of the foregoing.

28. FORCE MAJEURE

To the fullest extent permitted by applicable law, Nexavyn, Ring to Revenue AI, and all Protected Parties will not be liable or responsible for any delay, failure, interruption, suspension, degradation, or non‑performance of the Service, or for any other loss, liability, damage, or consequence, arising out of or relating to any event, condition, or circumstance beyond their reasonable control, including, without limitation:

  • acts of God, natural disasters, severe weather, fire, flood, earthquake, or storm;
  • war, terrorism, civil unrest, riots, insurrection, or government, regulatory, or legal action, order, or restriction;
  • epidemics, pandemics, public‑health emergencies, or quarantine;
  • power, utility, internet, network, carrier, telecommunications, hosting, or data‑centre outages, failures, disruptions, or degradation;
  • failures, outages, disruptions, changes, suspensions, discontinuations, or repricing of any Third‑Party Service, connected system, or other third‑party provider, software, system, infrastructure, or component (see §16);
  • cyberattacks, denial‑of‑service attacks, security incidents, malware, hacking, or unauthorized access;
  • labour disputes, strikes, shortages, or supply‑chain disruptions; and
  • any other event, condition, or circumstance beyond the reasonable control of Nexavyn or any Protected Party.

If any such event occurs, performance will be excused for the duration of the event, and Nexavyn may, in its sole discretion and without liability, suspend, limit, or modify the Service as reasonably necessary.

29. GOVERNING LAW, DISPUTE RESOLUTION & LEGAL PROCESS

Governing law. Except as otherwise set out in these Terms, and unless otherwise required by applicable law, these Terms, Your access to and use of the Service, and any dispute, claim, or controversy arising out of or relating to these Terms or the Service are in all respects governed by and interpreted, construed, and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, as applied to agreements entered into and to be performed entirely within Ontario, and without regard to choice‑of‑law or conflict‑of‑laws principles that would require application of the law of any other jurisdiction. These Terms, and any actions taken by You in connection with these Terms, the Service, and any related software, tools, applications, or functionality, will be deemed to have been performed in Ontario, Canada.

Exclusive jurisdiction and venue. You Acknowledge and Agree that any dispute, claim, or proceeding arising out of or relating to these Terms or the Service will be brought exclusively in the courts located in the Province of Ontario, Canada, and You irrevocably submit and attorn to the exclusive jurisdiction and venue of those courts.

Waiver of objections to forum. You waive any objection to the jurisdiction, venue, or convenience of such courts, including any claim that the forum is inconvenient or improper.

Waiver of jury trial. To the fullest extent permitted by applicable law, You waive all rights to a trial by jury in connection with any legal proceeding or dispute against Nexavyn, Ring to Revenue AI, or any other Protected Party.

Class‑action waiver; individual basis only. To the fullest extent permitted by applicable law, any dispute or proceeding You bring against Nexavyn, Ring to Revenue AI, or any other Protected Party will be conducted on an individual basis and not on a class‑wide basis, and will not be consolidated with any other dispute or proceeding between Nexavyn (or any other Protected Party) and any other user or customer.

30. CHANGES TO THE TERMS AND THE SERVICE

We may update these Terms and may update, change, modify, or adjust the Service, its features, configurations, workflows, pricing, and functionality, including during any early‑stage, evaluation, free‑trial, or live‑demo period, and in response to changes by third‑party service providers. The Company also reserves the right (but does not undertake any obligation) to update these Terms to reflect any retention, storage‑management, or deletion change and, where required by applicable law, to provide notice; it does not guarantee that these Terms will be updated in every instance or that any notice will be provided, received, or acted upon, except as required by law. Continued use of the Service after changes constitutes acceptance of the updated Terms.

31. HOW YOU AGREE (ACCEPTANCE MECHANISM)

You accept these Terms, and enter into a binding agreement with Nexavyn Technologies Inc. (which owns and operates the Ring to Revenue AI brand and provides the Service), by any of the following: (a) clicking, checking, or otherwise selecting an "I Agree," "Accept," or similar button, box, or control where presented; (b) signing or accepting an Order Form or other ordering document that references these Terms; (c) accessing, using, purchasing, or subscribing to the Service; or (d) continuing to access or use the Service. Any of these constitutes your acceptance of, and agreement to be bound by, these Terms.

Authority to bind. You represent and warrant that You have the authority to enter into these Terms on behalf of the business on whose behalf You access or use the Service, and that You thereby bind that business to these Terms.

Ongoing acceptance. Your continued access to or use of the Service after these Terms take effect, or after any update made in accordance with §30, constitutes your ongoing acceptance of the then‑current Terms. If You do not agree to these Terms, You must not access or use the Service.

Record of acceptance. Nexavyn may record and retain evidence of your acceptance (such as the date, time, method, and account associated with acceptance), and You agree that such records are valid and admissible evidence of your agreement to these Terms.

32. GENERAL / MISCELLANEOUS

  • Assignment: The Company may assign, transfer, delegate, or otherwise dispose of its rights and obligations, and the Service may be operated, provided, supported, assigned, transferred, or continued by Nexavyn Technologies Inc. or any affiliated, related, successor, or assigned entity. You may not assign without the Company's consent.
  • Entire Agreement: These Terms, together with any Order Form, pricing page, Privacy Policy, Acceptable Use Policy, and other documents incorporated by reference, are the entire agreement between You and Nexavyn regarding the Service and supersede all prior or contemporaneous agreements, representations, or understandings on the subject. In the event of a conflict, the order of precedence is: the applicable Order Form, then these Terms, then any incorporated policy, unless a document expressly states otherwise.
  • Severability and Reformation: If any provision of these Terms is held invalid, illegal, or unenforceable by a court or other authority of competent jurisdiction, that provision will be limited, reduced, or reformed to the minimum extent necessary so that it becomes valid and enforceable while reflecting the parties' original intent as closely as possible — for example, an unenforceable disclaimer, release, limitation of liability, or Liability Cap will be reformed to provide the maximum protection or limitation permitted by applicable law — and the remaining provisions will continue in full force and effect.
  • No Waiver: No failure or delay by Nexavyn in exercising any right, power, or remedy under these Terms will operate as a waiver of it, and no single or partial exercise will preclude any further exercise. Any waiver must be in writing and signed by Nexavyn to be effective.
  • Relationship of the Parties: The parties are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, employment, franchise, or fiduciary relationship between You and Nexavyn.
  • Third‑Party Beneficiaries: The Protected Parties are intended third‑party beneficiaries of the disclaimers, releases, waivers, covenants not to sue, limitations of liability, indemnities, and other protections in these Terms — including §§9, 10, 11, 12, 13, 14, 15, and 16 — and may rely upon and enforce those provisions directly. Except as expressly provided for the Protected Parties, these Terms do not create any third‑party‑beneficiary rights.
  • Survival: Any provision that by its nature should survive termination, suspension, restriction, or expiration of the Service or these Terms will survive, as set out in §24.
  • Notices: Nexavyn may provide notices to You by email, through the Service or its dashboard, on the Company's website, or by other reasonable electronic means, and You consent to receiving notices electronically. Notices to Nexavyn must be sent to the contact set out in §33.
  • Headings: Headings and section titles are for convenience only and do not affect the interpretation of these Terms.
  • Electronic acceptance and records: The parties consent to transact electronically. Electronic acceptances, signatures, and records have the same legal effect as handwritten signatures and paper records.
  • Language: These Terms are drafted in English, and the parties intend that the English version govern.

33. CONTACT

Questions or formal notices regarding these Terms or the Service may be sent to:

Nexavyn Technologies Inc. (operating as Ring to Revenue AI)
Email: nicolas@ringtorevenue.io
Ontario, Canada