Terms of Service
Last updated: 2026-05-13 · v1.0.0
Important Notice About Language
The English version of these Terms of Service is the single authoritative document. Translations into French, Chinese, or any other language are provided for convenience only. In any dispute, ambiguity, or legal proceeding, the English text governs exclusively. By using the AIOCANA platform, you acknowledge and agree that you have read and understood the English version of these Terms, or have obtained independent translation at your own expense.
1. Acceptance of Terms
These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the AIOCANA platform (“Platform” or “Service”), including the website at www.aiocana.com, any subdomains, APIs, AI assistants (including AINA and AICA-AIBOT), PWA applications, mobile interfaces, and any related services provided by AIOCANA Technologies Inc., a corporation registered inOttawa, Ontario, Canada(“AIOCANA,” “we,” “us,” or “our”).
BY ACCESSING OR USING THE PLATFORM, OR BY CLICKING A BUTTON OR CHECKING A BOX INDICATING ACCEPTANCE, YOU (“CUSTOMER” OR “YOU”) EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use the Platform.
2. Description of Services
AIOCANA provides an AI-powered website construction, renovation, and operations platform, which may include:
- AI-generated website design, content, layouts, and configurations;
- Website hosting, domain management, and SSL provisioning;
- AI Operations Assistants including AICA-AIBOT, industry-specific AIBOT skills, and AI-driven customer communication tools;
- Online booking, PWA push notifications, SMS messaging, and email notification services;
- Content management, SEO optimization, analytics, and reporting;
- AI-assisted customer intake, consultation, and follow-up services.
All Services are provided on a subscription basis as specified in the applicable Order Form, plan description, or checkout page. AIOCANA reserves the right to modify, suspend, or discontinue any feature or component of the Platform at any time with reasonable notice.
3. Subscription, Billing & Payment
3.1 Fees. Subscription fees are billed in Canadian Dollars (CAD) on a recurring monthly or annual basis via Stripe, our third-party payment processor. All fees are exclusive of applicable taxes (HST, GST, QST), which will be added to your invoice.
3.2 AI Points.Certain plans include a monthly allocation of AI Points for AI operations (e.g., content generation, AIBOT queries, booking processing). AI Points reset monthly and do not roll over. Additional AI Packs may be purchased. AI Points consumption is calculated solely by AIOCANA’s internal metering system, whose records are conclusive.
3.3 Payment Authorization. By providing a payment method, you authorize AIOCANA (via Stripe) to charge all applicable fees to that payment method on a recurring basis. You are responsible for maintaining valid payment information. Failed payments may result in suspension or termination of Services.
3.4 Price Changes.AIOCANA may modify subscription fees with at least thirty (30) days’ prior notice. Founding Member pricing, where offered, is locked for the lifetime of an uninterrupted active subscription. Any lapse in subscription (including failed payment beyond the grace period) voids the Founding Member price lock.
4. AI-Generated Content & AI Communications
4.1 Nature of AI Output.Content, suggestions, designs, text, code, structured data, reports, and communications generated by AI models on the AIOCANA Platform (“AI-Generated Content”) are provided “AS IS” without warranty of any kind. AI-Generated Content is intended as a starting point for human review and refinement. AIOCANA does not guarantee the accuracy, completeness, appropriateness, legality, originality, or non-infringing nature of any AI-Generated Content.
4.2 Customer Review Obligation. You are solely responsible for reviewing all AI-Generated Content before publishing it on your website or using it in any communication with third parties. You assume all liability arising from AI-Generated Content that you approve, publish, or distribute.
4.3 AI Communication Consent. You expressly acknowledge and agree that AIOCANA may use AI-powered systems, including AINA (AIOCANA Intelligent Network Agent), to communicate with you and, where authorized by you, with your customers or end users, via email, PWA push notification, SMS, in-app messaging, or any other communication channel. You acknowledge that AI-generated communications may contain errors, omissions, or inaccuracies, and you accept this risk. AIOCANA is not liable for any loss, damage, or misunderstanding resulting from AI-generated communications.
4.4 Model Availability. AIOCANA relies on third-party AI model providers (including Google Cloud Vertex AI, OpenAI, and others). AIOCANA does not guarantee the availability, performance, or continued service of any specific AI model. Features dependent on third-party AI models may be modified, degraded, or discontinued without liability.
5. Data, Backups & Hosting
5.1 Data Residency. AIOCANA stores all customer data in Montreal, Quebec, Canada (GCP northamerica-northeast1). We do not transfer data outside of Canada without your express consent, except as required by law.
5.2 Backup Disclaimer. While AIOCANA maintains internal backup procedures for operational resilience, AIOCANA provides no backup guarantee and assumes no responsibility for data loss. You acknowledge that it is your sole responsibility to maintain independent backups of all website content, customer data, configurations, and any other data you consider critical. AIOCANA shall not be liable for any loss, corruption, or unavailability of data, regardless of cause, including but not limited to hardware failure, software error, human error, third-party service interruption, cyber attack, or force majeure.
5.3 Hosting.Website hosting is provided on a shared or dedicated infrastructure basis according to your plan. AIOCANA does not guarantee uninterrupted or error-free hosting. Scheduled maintenance, emergency maintenance, third-party infrastructure failures (including Google Cloud Platform outages), and circumstances beyond AIOCANA’s reasonable control may result in temporary Service unavailability.
6. Limitation of Liability
THIS SECTION IS OF CRITICAL IMPORTANCE. PLEASE READ IT CAREFULLY.
6.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIOCANA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING FROM OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF AIOCANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2 Aggregate Liability Cap.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIOCANA’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY SERVICES SHALL BE LIMITED TO THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO AIOCANA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CA$100.00).
6.3 No Liability for AI Errors. Without limiting the foregoing, AIOCANA shall have no liability whatsoever for any claim, loss, or damage arising from or related to: (a) AI-generated content, communications, designs, or suggestions; (b) errors, inaccuracies, or omissions in AI output; (c) decisions made or actions taken in reliance on AI output; (d) unavailability or degradation of AI model performance; or (e) miscommunication caused by AI-generated messages sent to you, your customers, or any third party.
6.4 Essential Basis. You acknowledge that the limitations of liability in this Section 6 are an essential basis of the bargain between the parties, and that AIOCANA would not provide the Services without these limitations. The limitations in this Section 6 survive any termination or expiration of this Agreement.
7. Indemnification
You agree to indemnify, defend, and hold harmless AIOCANA, its officers, directors, employees, agents, subcontractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or relating to: (a) your use of the Platform; (b) your breach of these Terms; (c) any content, data, or materials you provide, upload, publish, or distribute through the Platform; (d) your violation of any applicable law, regulation, or third-party right, including intellectual property, privacy, or data protection rights; (e) any AI-Generated Content that you approve, publish, or distribute; and (f) any dispute between you and your customers, end users, or any third party.
8. Intellectual Property
8.1 Platform IP. AIOCANA retains all right, title, and interest in and to the Platform, including all software, algorithms, AI models, designs, templates, components, documentation, trademarks, logos, and any improvements, modifications, or derivative works thereof. No rights are granted to you except as expressly set forth in these Terms.
8.2 Customer Content.You retain ownership of content, data, and materials that you provide or upload to the Platform (“Customer Content”). You grant AIOCANA a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Customer Content solely as necessary to provide the Services to you.
8.3 AI-Generated Content Ownership. Upon full payment of all applicable fees for the specific website or project, AIOCANA assigns to you all right, title, and interest in the final, published website content generated by AI for your project, excluding any underlying AIOCANA templates, components, frameworks, or Platform infrastructure, which remain the property of AIOCANA.
8.4 Feedback. Any suggestions, ideas, or feedback you provide to AIOCANA may be used by AIOCANA without restriction or compensation.
9. Cancellation & Refunds
9.1 Cancellation. You may cancel your subscription at any time through your account dashboard or by contacting AIOCANA support. Cancellation takes effect at the end of the current billing period. No pro-rata refunds are provided for partial months.
9.2 14-Day Money-Back Guarantee. New Customers are eligible for a full refund if cancellation is requested within fourteen (14) calendar days of the initial subscription start date. This guarantee applies only to the first subscription term and only to monthly subscription fees; it does not apply to one-time fees (e.g., site construction fees), AI Pack purchases, domain registration fees, third-party service fees, or any subsequent subscription terms. Refunds are processed within thirty (30) days.
9.3 No Refund for Violations. AIOCANA reserves the right to refuse refunds if this Agreement has been violated, if the Services have been used for illegal purposes, or if a chargeback has been initiated in bad faith.
10. Termination & Suspension
AIOCANA may suspend or terminate your access to the Platform at any time, with or without cause, upon reasonable notice. AIOCANA may immediately suspend or terminate access without prior notice if: (a) you breach any provision of these Terms; (b) your use of the Platform poses a security, legal, or operational risk to AIOCANA or any third party; (c) you fail to pay fees when due; or (d) AIOCANA is required to do so by law or by a regulatory authority. Upon termination, your right to access the Platform ceases immediately. AIOCANA is not liable to you for any suspension or termination conducted in accordance with this Section.
11. Governing Law & Dispute Resolution
11.1 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.
11.2 Exclusive Jurisdiction. Any legal action or proceeding arising from or relating to these Terms shall be brought exclusively in the courts of competent jurisdiction located in Ottawa, Ontario, Canada. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.
11.3 Limitation Period. Any claim or cause of action arising from or relating to these Terms must be filed within one (1) year after the claim or cause of action arose, or it is permanently barred.
12. General Provisions
12.1 Entire Agreement. These Terms, together with the Privacy Policy, CASL Compliance Statement, and any executed Order Form, constitute the entire agreement between you and AIOCANA and supersede all prior agreements and understandings.
12.2 Amendments.AIOCANA may amend these Terms at any time by posting the amended version on the Platform and updating the “Last Updated” date. For material changes, AIOCANA will provide at least thirty (30) days’ notice via email or in-Platform notification. Your continued use of the Platform after the effective date of amended Terms constitutes acceptance of the amended Terms. If you do not agree to the amended Terms, you must cancel your subscription before the effective date.
12.3 Force Majeure. AIOCANA shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic, cyber attack, internet or telecommunications failure, third-party service interruption (including GCP, Stripe, or AI model provider outages), power failure, or labor dispute.
12.4 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.5 No Waiver.AIOCANA’s failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
12.6 Assignment.You may not assign or transfer this Agreement without AIOCANA’s prior written consent. AIOCANA may assign or transfer this Agreement without restriction.
13. Contact Information
AIOCANA Technologies Inc.
Ottawa, Ontario, Canada
legal@aiocana.com
Version: v1.0.0 — Effective: 2026-05-01 — English is the single authoritative language. Versions in other languages are convenience translations.