Terms of Service

These Terms of Service ("Terms") govern your use of the website nectionglobal.com and the Nection AI services (the "Services") provided by Nection Global ("Nection AI", "we", "us", or "our"), a business registered in Ontario, Canada, based in Toronto. By accessing the website, creating an account, checking an acceptance box, or using the Services, you agree to these Terms on your own behalf or on behalf of the business you represent (the "Client"). Our Privacy Policy is incorporated into these Terms by reference.

The Services are intended for business use by individuals who are at least 18 years old and authorized to act for the Client. If you do not agree, do not use the Services.

1. The Services

Nection AI provides AI-powered receptionist services, including answering inbound calls, booking and managing appointments, sending SMS confirmations and follow-ups, and providing call summaries and analytics through a client dashboard. Features depend on the plan selected.

We may improve or modify features over time, provided the core functionality of your plan is not materially reduced during a paid term.

2. Accounts

You must provide accurate information when creating an account and keep your credentials confidential. You are responsible for activity under your account. You must be authorized to bind the Client you register on behalf of.

3. Client responsibilities

The Client agrees to:

(a) Provide accurate business information, including hours, services, and booking rules, and keep that information current;

(b) Obtain any consents and give any notices required by law for the recording, transcription, and AI handling of calls with its customers, including consent requirements in the Client's jurisdiction;

(c) Use the Services in compliance with applicable laws, including privacy, health-information, telemarketing, and anti-spam laws, such as PIPEDA, PHIPA, HIPAA, TCPA, and CASL, as applicable;

(d) Not use the Services for emergency call handling. The Services are not a substitute for 911 or other emergency services; and

(e) Not misuse the Services, including through unlawful, deceptive, or abusive use; attempts to breach, probe, or overload our systems; introduction of malicious code; reverse engineering, copying, or creating derivative works of the Services; reselling or providing the Services to third parties without our written agreement; or use of caller data beyond the Client's own lawful business purposes.

4. Health information

If the Client is a healthcare provider or otherwise handles health information, the following terms apply:

(a) Ontario healthcare clients: The Client generally remains the health information custodian under PHIPA, and Nection AI acts as its agent or electronic service provider, as applicable.

(b) United States healthcare clients: Nection AI acts as a HIPAA business associate only where HIPAA applies and the parties have executed a Business Associate Agreement before protected health information is processed.

Where required by applicable law, such additional agreements form part of these Terms.

5. Fees and payment

Fees are as stated at checkout or in an order form. Subscriptions renew automatically for successive periods unless cancelled before renewal. Fees are non-refundable except as required by law or expressly stated.

We may change pricing with at least 30 days' notice, effective at the next renewal. If payment fails or is overdue, we may suspend the Services after at least ten (10) days' written notice until outstanding amounts are paid. Taxes are the Client's responsibility.

6. Data and confidentiality

As between the parties, the Client retains all right, title, and interest in the business data, configurations, content, and other information it submits to the Services ("Client Data").

The Client determines the purposes for which caller personal information is collected and used, subject to the rights of the individuals concerned and applicable law. Nection AI processes Client Data only to provide the Services, as described in our Privacy Policy and any data-processing terms agreed with the Client, using vetted infrastructure providers under contractual data-protection safeguards.

We may use aggregated, de-identified usage data to operate and improve the Services.

Each party will keep the other party's non-public information—including business rules, prompts, configurations, pricing, and technical systems—confidential, use it only to perform under these Terms, and share it only with personnel and providers who need it and are bound by confidentiality obligations.

This obligation does not apply to information that:

(a) Is public through no fault of the receiving party;

(b) Was already lawfully known to the receiving party;

(c) Was independently developed; or

(d) Is required to be disclosed by law, with notice to the other party where permitted.

This confidentiality obligation survives for three (3) years after termination. However, obligations relating to trade secrets continue for as long as the information remains a trade secret, and obligations relating to personal information and health information continue for as long as required by applicable law or the parties' data-protection terms.

7. Intellectual property

Nection AI and its licensors own the Services, software, and all related intellectual property. The Client receives a limited, non-exclusive, non-transferable right to use the Services during the subscription term.

Feedback may be used by us without restriction.

8. Service levels and support

We aim for high availability, but the Services are provided on an "as is" and "as available" basis.

The Services depend on third-party providers, including telephony, AI, and hosting providers. Outages or errors involving those providers, and events beyond our reasonable control, may affect availability.

9. Disclaimers

AI-generated responses may occasionally be inaccurate or incomplete. The Client is responsible for reviewing configurations and business rules and for decisions made based on call summaries and analytics.

To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of liability

To the maximum extent permitted by applicable law:

(a) Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill; and

(b) Each party's total aggregate liability arising out of or relating to the Services or these Terms is limited to the amounts paid by the Client to Nection AI for the Services in the twelve (12) months preceding the event giving rise to the claim.

For breach of confidentiality under Section 6 or infringement of the other party's intellectual-property rights, each party's aggregate liability is limited to three (3) times the amounts paid or payable by the Client in the twelve (12) months preceding the event giving rise to the claim.

These limits do not apply to:

(a) The Client's payment obligations;

(b) The Client's indemnification obligations under Section 11;

(c) The Client's breach of Section 3(e), concerning acceptable use;

(d) Either party's fraud, gross negligence, or wilful misconduct; or

(e) Liability that cannot be limited by law.

11. Indemnity

The Client will defend and indemnify Nection AI against third-party claims arising from:

(a) The Client's breach of Section 3, including failure to obtain legally required caller consents or give required notices;

(b) Content, scripts, and business information the Client provides for configuration of the Services;

(c) The Client's violation of telemarketing, anti-spam, or communications laws, including TCPA and CASL; and

(d) The Client's unlawful use of caller data.

Nection AI will provide prompt notice of an indemnified claim and reasonable cooperation at the Client's expense.

The Client may control the defence and settlement of the claim but may not agree to any settlement that admits fault by, imposes obligations on, or requires payment from Nection AI without Nection AI's prior written consent.

12. Term and termination

These Terms apply while the Client uses the Services.

We may suspend the Services immediately, with notice as soon as practicable, if we reasonably believe that the Services:

(a) Are being used for fraud, spam, or unlawful activity;

(b) Pose a security risk;

(c) Harm our systems or other clients; or

(d) Must be suspended because of applicable law or a requirement imposed by our telephony or infrastructure providers.

Either party may terminate these Terms for a material breach that is not cured within 30 days after written notice.

On termination, access ends, and we will return or delete Client Data upon request, subject to applicable legal retention requirements.

Sections 6, 7, and 9 through 13 survive termination, together with accrued payment obligations and any provisions that, by their nature, should survive.

13. General

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of Ontario.

The Client may not assign these Terms without our consent. We may assign them to a successor entity in connection with a merger, incorporation, reorganization, or sale of assets.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including telecommunications failures, internet outages, acts of government, natural disasters, labour disruptions, or failures of third-party infrastructure providers, except for payment obligations.

If there is a conflict, a signed service agreement or order form, including its data-processing terms, controls over these Terms.

A failure to enforce any provision is not a waiver of it. If any provision is unenforceable, the remaining provisions continue in effect.

We may update these Terms with reasonable notice. For material changes, we will give at least 30 days' notice. If a material change adversely affects the Client, the Client may terminate before the change takes effect. Continued use after the effective date constitutes acceptance.

These Terms, together with the Privacy Policy and any order form or service agreement, constitute the entire agreement between the parties.

14. Contact

Nection Global — Toronto, Ontario, Canada
Email: info@nectionglobal.com