These Terms of Service ("Terms") govern your use of the Vixro platform ("Service"), operated by Vixro ("we", "us", or "our"), a business incorporated in Ontario, Canada. By creating an account and completing the onboarding process, you ("Subscriber") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Description of Service
Vixro is an AI-powered messaging assistant platform designed for solo, appointment-based businesses. The Service enables Subscribers to deploy an AI assistant that communicates with their customers via WhatsApp, answering questions, providing business information, and facilitating appointment inquiries — 24 hours a day, 7 days a week — based solely on information provided by the Subscriber during onboarding.
The Service includes access to the Vixro dashboard for managing the AI assistant's configuration, reviewing conversation history, and monitoring platform activity. Additional features may be added or removed at Vixro's discretion, subject to the notice provisions in Section 10.
2. Subscriber Data Responsibility
The Subscriber acknowledges that AI responses generated by the Service are based solely on information provided during the onboarding process. Vixro makes no warranty that AI responses will be accurate, complete, or appropriate if the onboarding information provided by the Subscriber is incomplete, inaccurate, or outdated.
The Subscriber is solely responsible for the accuracy and completeness of all information entered during onboarding, including but not limited to: business details, services and pricing, policies, pre-care and post-care instructions, and any custom Q&A pairs or guardrails. The Subscriber is responsible for keeping this information current.
3. AI Limitation Disclosure
The AI assistant provided through the Service may produce incorrect, incomplete, or inappropriate responses in circumstances where the Subscriber has not provided sufficient information during onboarding, or where a customer inquiry falls outside the scope of the information provided.
Vixro is not liable for any loss, damage, reputational harm, or missed business arising from AI responses generated from incomplete, inaccurate, or outdated Subscriber-provided data. The Subscriber accepts full responsibility for ensuring their AI assistant's responses reflect their actual business practices.
4. Third-Party Platform Compliance
The Service depends on third-party platforms, including but not limited to Meta (WhatsApp Business API) and Twilio. The availability and functionality of the Service is subject to the continued availability of these third-party services and their applicable terms and policies.
Vixro is not liable for any interruption, suspension, or termination of the Service caused by:
- Changes to Meta's WhatsApp Business API, messaging policies, or platform terms;
- Suspension or restriction of a Subscriber's WhatsApp Business account by Meta for any reason, including policy violations;
- Twilio service outages, rate limiting, or account suspensions;
- Any other action taken by a third-party platform provider that affects the Service.
The Subscriber is solely responsible for ensuring their use of the Service complies with all applicable Meta, WhatsApp, and Twilio platform policies. Vixro does not guarantee uninterrupted access to any third-party platform and will not issue refunds for service interruptions caused by third-party platform actions outside Vixro's control.
5. Acceptable Use Policy
You agree not to use the Service to:
- Send spam, harassment, or abusive messages through your AI assistant;
- Engage in illegal activities, fraud, or deception;
- Violate intellectual property rights, including by using the Service to infringe on copyrights or trademarks;
- Send malware, viruses, or harmful code;
- Circumvent or interfere with the security or functionality of the Service;
- Use the Service in violation of Meta, WhatsApp, Instagram, or Twilio terms and policies.
Any violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without liability to Vixro.
5.1 Account Suspension & Termination
Vixro may suspend or terminate your access to the Service immediately, without notice, if:
- You violate this Agreement or the Acceptable Use Policy;
- Your account is used for illegal or harmful purposes;
- We have reason to believe your use poses a security or legal risk;
- You violate Meta, WhatsApp, Instagram, or Twilio platform policies in a way that affects the Service.
We will make reasonable efforts to notify you by email before suspension, except where the violation poses immediate risk. Upon suspension, you lose access to your account and all data, subject to our data retention and deletion policies in the Privacy Policy.
6. Privacy and Data Processing
The collection, use, and protection of personal information in connection with the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.
For the purposes of applicable privacy law (including PIPEDA), Vixro acts as a Data Controller with respect to Subscriber account and billing data, and as a Data Processor with respect to End-Customer conversation data processed on the Subscriber's behalf. The Subscriber, as the Data Controller for their customers' personal information, is responsible for ensuring they have a lawful basis for processing End-Customer data through the Service.
6.1 Data Deletion Requests
Any Subscriber requesting deletion of their account and associated data may submit a written deletion request to hello@vixro.app.
Vixro will process deletion requests within 30 days of receipt. Upon processing:
- All Subscriber account data (profile, business configuration, settings) will be deleted from our systems;
- All conversation history and End-Customer message data will be deleted;
- Analytics and usage logs associated with the account will be deleted;
- A confirmation email will be sent to the Subscriber's registered email address upon completion.
Subscribers will be notified by email once deletion is complete. Note: Some data may be retained longer in backups or logs as required by applicable law (e.g., for tax or fraud prevention purposes), but will be deleted within the timeframe specified in our Privacy Policy.
7. Service Availability
Vixro will make reasonable efforts to maintain platform availability. However, we do not guarantee 100% uptime. The Service may be temporarily unavailable due to scheduled maintenance, unplanned outages, third-party service disruptions, or circumstances beyond our control. Vixro will make reasonable efforts to notify Subscribers of planned maintenance in advance.
Vixro is not liable for any loss of business, revenue, or data resulting from Service downtime or unavailability, whether caused by Vixro, its infrastructure providers, or third-party platforms.
8. Service & Billing
The Service is provided on a monthly subscription basis. Subscriptions auto-renew unless cancelled before the renewal date. A 7-day free trial is available to new Subscribers with no credit card required. After the trial period, continued use requires a paid subscription. Setup fees are non-refundable after the 30-day money-back guarantee period.
9. Indemnification
The Subscriber agrees to indemnify, defend, and hold harmless Vixro and its officers, employees, and agents from any and all claims, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:
- AI responses generated based on information provided, omitted, or incorrectly stated by the Subscriber;
- The Subscriber's use of the Service in violation of these Terms or applicable law;
- Any claim by a third party (including the Subscriber's customers) arising from AI-generated responses;
- The Subscriber's violation of Meta, WhatsApp, Instagram, or Twilio platform policies in connection with their use of the Service.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIXRO AND ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EVEN IF VIXRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL VIXRO'S TOTAL AGGREGATE LIABILITY TO THE SUBSCRIBER FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE TOTAL FEES PAID BY THE SUBSCRIBER TO VIXRO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Vixro's liability is limited to the maximum extent permitted by law.
11. Changes to These Terms
We may update these Terms from time to time. For material changes — including changes to pricing, data handling practices, or Subscriber obligations — we will provide at least 30 days' written notice by email to the address associated with the Subscriber's account before the changes take effect. Continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.
For non-material changes (such as clarifications, formatting corrections, or updates required by applicable law), we may update these Terms without advance notice, and the updated Terms will be effective upon posting.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of Ontario, Canada for the resolution of any dispute arising out of or in connection with these Terms or the Service.
13. Contact
Questions about these Terms? Email us at hello@vixro.app.