Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Neon Fox Inc. ("Company," "we," "our," or "us") governing your access to and use of our websites, applications, and services (collectively, the "Services").

1.1 Services Covered

These Terms apply to all Services operated by Neon Fox Inc., including:

• Dialbox (dialbox.ca) - Business communication and call management platform
• Call Bodyguard (callbodyguard.com) - AI-powered call screening and protection service
• Wrapi (wrapi.io) - Professional webcasting and hybrid event management platform
• Neon Fox Corporate Website (neonfox.io) - Corporate website and information portal
• Any other applications, tools, or services we may offer now or in the future

1.2 Acceptance of Terms

By accessing, browsing, registering for, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

1.3 Age and Capacity Requirements

You must be at least 18 years of age to create an account and use our Services. By creating an account, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into this agreement
• You are not prohibited from using the Services under applicable law
• All information you provide is accurate and truthful

If you are under 18, you may not use the Services. If you are between 16-18, you must have parental or guardian consent to use certain Services where permitted by law.

1.4 Entity Accounts

If you are using the Services on behalf of an organization, company, or other legal entity:

• You represent that you have the authority to bind that entity to these Terms
• References to "you" include both you individually and the entity you represent

1.5 Updates to Terms

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of material changes by:

• Updating the "Last Updated" date at the top of this page
• Posting the revised Terms on our websites and applications
• Sending email notifications for significant changes
• Providing in-app notifications where applicable

Your continued use of the Services after any changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and may terminate your account.

2. Service Descriptions

2.1 Dialbox

Dialbox provides business communication and call management services, including:

• Business phone system and call handling
• Call logging and document management
• Account management and analytics
• Integration capabilities with third-party applications
• Additional features as described on the Dialbox website

• Dialbox AI cannot detect medical emergencies, safety threats, or urgent situations requiring emergency response
• If a caller indicates an emergency, Dialbox will attempt to route to your on-call staff, but this is NOT guaranteed
• You MUST maintain separate phone lines capable of direct 911 access for emergency situations
• You MUST train staff on proper emergency escalation procedures
• Dialbox is not liable for any delays, failures, harm, or damages resulting from emergency calls routed through this service
• Customers serving healthcare facilities, senior care, vulnerable populations, or safety-critical services must implement additional emergency safeguards and redundant communication systems

2.2 Call Bodyguard

Call Bodyguard provides AI-powered call screening and protection services, including:

• Automated AI call screening using conversational intelligence
• Spam and scam call blocking
• Contact synchronization and auto-whitelisting
• Emergency keyword detection and verification
• Call history, analytics, and dashboard
• Family protection management tools
• Additional features as described on the Call Bodyguard website

Important Service Limitations:

• Call Bodyguard is not a replacement for emergency services (911/999)
• We cannot guarantee 100% accuracy in distinguishing legitimate from unwanted calls
• Service requires active call forwarding and compatible carrier support
• AI screening decisions are based on conversation analysis and may occasionally err
• You must have authority to set up call forwarding on phone numbers you add

2.3 Wrapi

Wrapi provides professional webcasting and hybrid event management services, including:

• Live streaming and webcasting platform
• Event management and registration system
• Attendee engagement tools (chat, polls, Q&A)
• Analytics and reporting features
• White-label branding capabilities
• Additional features as described on the Wrapi website

2.4 General Service Terms

For all Services:

• Features, functionality, and availability may vary by subscription tier or plan
• We reserve the right to modify, suspend, discontinue, or add to any aspect of our Services at any time
• We will provide reasonable notice of material changes when possible
• We are not liable for any modification, suspension, or discontinuance of Services

3. Account Registration and Management

3.1 Account Creation

To use certain features of our Services, you must create an account. When registering, you agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Keep your username and password confidential
• Use a strong password and enable security features when available
• Notify us immediately of any unauthorized access or security breach
• Accept full responsibility for all activities that occur under your account

3.2 Account Restrictions

• One Account Per Person/Entity: You may not maintain multiple accounts without our written permission
• Non-Transferable: Accounts are personal to you or your business and may not be shared, sold, or transferred
• Accurate Information: You must not provide false, misleading, or fraudulent information
• Authorized Use: You must have authority to use phone numbers, emails, and other information you provide

3.3 Account Security

You are solely responsible for:

• Maintaining the security and confidentiality of your login credentials
• All activities and transactions that occur under your account
• Any consequences of unauthorized access resulting from your failure to maintain security

We recommend:

• Using strong, unique passwords
• Enabling two-factor authentication (2FA) where available
• Regularly monitoring your account for unauthorized activity
• Never sharing your login credentials with others

3.4 Account Suspension and Termination

By You:

• You may terminate your account at any time through your account dashboard or by contacting us
• Active subscriptions will continue until the end of the current billing period unless otherwise agreed
• You remain responsible for all charges incurred prior to termination
• Some data may be retained as described in our Privacy Policy

By Us:

We reserve the right to suspend, disable, or terminate your account immediately if:

• You violate these Terms or any applicable policies
• You engage in fraudulent, illegal, or harmful activities
• Your account poses a security risk
• You fail to pay required fees
• We are required to do so by law
• For any other reason at our sole discretion (with reasonable notice for non-cause terminations)

Immediate Termination for Regulatory Violations (Dialbox):

We reserve the right to immediately suspend or terminate your Dialbox account without notice if:

• You violate Canadian Radio-television and Telecommunications Commission (CRTC) regulations
• You violate the National Do Not Call List (DNCL) rules or engage in unsolicited telemarketing
• You use Dialbox for spam, robocalling, or mass unsolicited calling campaigns
• You engage in caller ID spoofing, impersonation, or fraudulent calling practices
• You fail to obtain required call recording consent under applicable Canadian provincial or federal law
• We receive complaints from callers, regulatory authorities, or telecommunications providers regarding your use of the service
• Your usage indicates fraudulent, abusive, or illegal calling patterns

Consequences of Regulatory Termination:

• No refunds will be provided for regulatory violations
• Your account data will be preserved for regulatory investigation and compliance purposes (minimum 3 years)
• You remain liable for any fines, penalties, or enforcement actions imposed by CRTC or other regulatory authorities
• We may report violations to appropriate authorities as required by law
• You will be prohibited from creating new accounts or accessing Dialbox services

Effect of Termination:

• All licenses and rights granted to you will immediately cease
• You must stop using the Services
• Outstanding payments become immediately due
• We may delete your data in accordance with our Privacy Policy
• Provisions that by their nature should survive (including payment obligations, disclaimers, limitations of liability, and indemnification) will continue in effect

4. Acceptable Use Policy

You agree to use our Services in a lawful, responsible, and respectful manner. You may not use the Services to engage in any prohibited activities.

4.1 Prohibited Activities

You agree not to:

Illegal or Harmful Activities:

• Violate any applicable local, state, federal, national, or international law or regulation
• Engage in any illegal, fraudulent, or harmful activities
• Harass, threaten, intimidate, abuse, or harm others
• Stalk, threaten, or violate the legal rights of others
• Promote, encourage, or facilitate illegal activities

Content Violations:

Upload, post, transmit, or share content that:

• Is illegal, harmful, offensive, discriminatory, defamatory, or hateful
• Contains viruses, malware, or other malicious code
• Infringes intellectual property rights of others
• Violates privacy rights or publicity rights
• Contains false, misleading, or fraudulent information
• Is inappropriate for professional business environments (Wrapi)
• Includes offensive, discriminatory, or hateful material (Wrapi)

Unauthorized Access and Interference:

• Attempt to gain unauthorized access to our systems, servers, networks, or other users' accounts
• Interfere with, disrupt, or damage the Services or servers
• Use automated scripts, bots, crawlers, or scrapers without permission
• Circumvent or disable security measures or access controls
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover source code
• Probe, scan, or test the vulnerability of our systems

Misuse of Services:

• Impersonate another person, entity, or falsely represent your affiliation
• Upload or use data that does not belong to you or your business
• Provide false, misleading, or fraudulent information
• Spoof or impersonate another business or entity (Dialbox)
• Set up call forwarding on numbers you don't own or control (Call Bodyguard)
• Use the Services to send spam, unsolicited messages, or promotional materials
• Use the Services for any commercial purpose not authorized by us
• Use the Services to train AI models with unauthorized third-party data (Dialbox)

Violations of Rights:

• Infringe upon copyright, trademark, patent, trade secret, or other intellectual property rights
• Violate rights of privacy, publicity, or other personal rights
• Violate any terms of service of third-party services integrated with our Services

4.2 Content Guidelines

When using our Services, you must:

• Respect copyright and trademark laws
• Maintain professional standards in communications
• Ensure content is appropriate and lawful
• Obtain necessary rights and permissions for any content you upload
• Comply with all applicable content standards and community guidelines

4.3 Reporting Violations

If you become aware of any violations of these Terms, please report them to us immediately. We reserve the right to investigate and take appropriate action, including removing content, suspending access, and terminating accounts.

5. User Content and Data

5.1 Your Content Ownership

You retain full ownership of all data, content, materials, call logs, documents, event data, and other information you upload, create, transmit, or store using our Services ("User Content").

5.2 License to Us and Data Processing

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to:

• Use, copy, reproduce, process, adapt, modify, publish, transmit, and display your User Content
• Store and backup your User Content
• Distribute your User Content solely for the purpose of providing, maintaining, and improving the Services

This license continues for as long as your User Content is stored on our Services and for a reasonable period thereafter to fulfill backup and legal obligations.

Data Processing Purposes - Service Delivery vs. Analytics:

We process your User Content for two distinct purposes with different consent and opt-out options:

• Essential Service Delivery Processing: We process your data to deliver the Services you have purchased, including:
  • Processing calls and storing call logs (Dialbox, Call Bodyguard)
  • Storing files and documents you upload
  • Running event management systems (Wrapi)
  • Authenticating users and managing accounts
  Consent Status: You consent to essential service delivery processing by using our Services. This processing cannot be disabled without terminating your account.
• Service Improvement and Analytics Processing: We use data for improving our Services, including:
  • Analyzing usage patterns and feature adoption
  • Improving AI algorithms and model accuracy
  • Identifying performance issues and bugs
  • Developing new features based on user behavior
  • Generating anonymized, aggregated analytics
  Consent Status: Optional. This processing uses anonymized, aggregated data and does not identify individual users. We will obtain separate consent where required by law.
• Data Processor Responsibilities (B2B Customers): For B2B customers, Neon Fox Inc. acts as a Data Processor on your behalf:
  • You are the Data Controller for personal data you collect and process through our Services
  • We process data only as instructed by you via your account settings
  • We maintain Data Processing Agreements (DPA) for compliance with GDPR and similar laws
  • You are responsible for obtaining necessary consents from end users (your customers)

5.2a Sub-Processors, Third-Party Data Processing, and Cross-Border Transfers

Our Services may use third-party sub-processors, including:

• Stripe: Payment processing and billing (PCI DSS compliant)
• Cloud Infrastructure Providers: AWS, Google Cloud, or similar for data storage and processing
• Third-party APIs: Telephony providers (Twilio, etc.), analytics platforms, monitoring services

Sub-Processor Compliance Commitments:

We maintain Data Processing Agreements (DPAs) with all sub-processors requiring equivalent data protection standards. We provide 30 days advance notice before adding or replacing sub-processors, with objection rights for enterprise customers. For complete details on sub-processor management, transparency, and approval processes, see our Privacy Policy Section 5.7.

Cross-Border Data Transfers:

You understand and acknowledge that personal data processed through our Services may be transferred to and stored on servers located outside Canada, including in the United States. We apply the following safeguards to protect your data:

• Contractual Protections: Data Processing Agreements with all sub-processors require compliance with Canadian privacy standards regardless of their location
• Technical Safeguards: Data encryption in transit (TLS 1.2+) and at rest (AES-256), access controls, and audit logging
• Organizational Measures: Limited access on a need-to-know basis, employee confidentiality obligations, and security training
• Compliance Verification: Regular security assessments and compliance reviews of sub-processors

Audit Rights:

Upon reasonable written request (no more than once per year), you may request information about our data processing activities, security measures, and sub-processor arrangements. For enterprise customers with a signed Data Processing Agreement, we will facilitate reasonable audit requests, subject to confidentiality obligations and reasonable advance notice.

You can request a current list of sub-processors by contacting hello@neonfox.io.

5.3 Your Responsibilities for User Content

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions for all User Content
• Your User Content does not violate these Terms, applicable laws, or third-party rights
• Your User Content does not contain viruses, malware, or harmful code
• You have obtained all necessary consents for any personal data included in User Content

You are solely responsible for:

• All User Content you submit, post, or transmit
• Any consequences of posting or sharing User Content
• Maintaining backup copies of your important User Content
• Ensuring compliance with all applicable laws regarding your User Content
• Obtaining and maintaining records of consent from end users whose data you process through our Services
• Fulfilling data subject requests from your end users within legally required timeframes

5.4 Our Rights Regarding User Content

We reserve the right to:

• Review, monitor, or remove User Content that violates these Terms
• Refuse to accept or transmit User Content
• Remove or disable access to User Content at our sole discretion
• Report User Content to law enforcement if we believe it involves illegal activity

We are not obligated to monitor User Content but may do so to ensure compliance with these Terms and applicable laws.

5.5 No Confidentiality Obligation

Unless otherwise agreed in a separate written agreement, we have no obligation to keep User Content confidential. Do not submit sensitive or confidential information unless you understand and accept that we may access it as needed to provide the Services.

5.6 AI/ML Training and Data Usage

Prohibition on AI Training Without Consent:

We do NOT use your User Content or personal data to train artificial intelligence models, machine learning models, or any other generative AI systems without your explicit written consent. This includes:

• Your uploaded data, documents, or content
• Your personal information or communications
• Your call logs, transcripts, or interaction data (Call Bodyguard)
• Your event data or attendee information (Wrapi)

Service-Specific AI Disclosures:

• Call Bodyguard: Uses AI for call screening and classification based on conversational patterns. AI analysis occurs in real-time to identify spam/scam calls. AI models are NOT trained on your call content; only aggregated, anonymized patterns are used for improvement.

Data Ownership and Output Rights:

• You retain full ownership of all input data you provide to our Services
• You retain ownership of any AI-generated outputs created from your input data
• AI models and algorithms themselves remain our property and intellectual property
• You may use AI-generated outputs for your personal or business purposes

If you have concerns about AI training or data usage, please contact us directly before using the Services. We are happy to discuss data usage practices for enterprise clients.

5.7 Data Retention, Return, and Deletion on Termination

Your Rights Upon Termination or Request:

Upon termination of your account or upon your written request, we will, as directed by you:

• Delete all personal data processed on your behalf, including call recordings, transcripts, uploaded files, and customer information; OR
• Return all personal data to you in a commonly used, machine-readable format (where technically feasible)

This deletion or return will be completed within 30 days of your request or account termination, except:

• Data required to be retained by law (e.g., financial records for 7 years, telecommunications records as required by CRTC)
• Data subject to active legal hold, litigation, or regulatory investigation
• Backup data, which will be deleted within 90 days as part of normal backup rotation cycles
• Anonymized, aggregated data that cannot identify individuals (retained indefinitely for analytics)

To request data deletion or return, contact hello@neonfox.io with subject line "Data Deletion/Return Request" or use the data export/deletion tools in your account dashboard (where available).

5.8 Automated Processing, AI, and Decision-Making Transparency

AI-Powered Features in Our Services:

Our Services use automated processing, including artificial intelligence and machine learning, for various functions:

• Dialbox: AI call answering, transcription, appointment booking, and call routing
• Call Bodyguard: AI spam/scam call detection and classification
• Wrapi: Event analytics and engagement metrics

Your Rights Regarding Automated Processing:

Under applicable privacy laws including Québec's Law 25, where our Services use automated processing that may affect individuals, you and your end users have the following rights:

• Right to Information: Upon request, we will provide meaningful information about the logic involved in automated processing, including the general criteria and factors used in AI decision-making.
• Right to Human Review: Where automated decisions significantly affect individuals (e.g., call blocking, spam classification), you or your end users may request human review of the decision.
• Right to Correction: If automated processing produces incorrect results (e.g., misclassified legitimate calls as spam), you may request correction of the data and the derived conclusions.
• Right to Challenge: You may challenge automated decisions and request that we reconsider them with human oversight.
• Right to Opt-Out: Where technically feasible and permitted by your subscription, you may opt out of certain automated processing features (note: some AI features are essential to service delivery and cannot be disabled).

To exercise these rights or request information about automated processing, contact hello@neonfox.io with subject line "Automated Processing Inquiry."

5.9 Data Subject Rights Support (B2B Customers)

Our Commitment to Support Your Compliance:

For B2B customers acting as Data Controllers, we will support you in fulfilling data subject requests from your end users as required by applicable privacy laws. This includes:

• Access Requests: Providing you with copies of personal data we process on your behalf
• Correction Requests: Assisting you in correcting inaccurate personal data
• Deletion Requests: Deleting personal data upon your instruction (subject to legal retention requirements)
• Portability Requests: Providing personal data in a commonly used, machine-readable format
• Restriction Requests: Restricting processing of specific personal data as directed by you

We will respond to your requests for assistance within 10 business days. You remain responsible for validating the identity of data subjects making requests and for responding to them within legally required timeframes.

5.10 Breach Notification to Customers (B2B)

Our Commitment to B2B Customers:

For B2B customers where Neon Fox Inc. acts as a Data Processor, in the event of a data breach or unauthorized access affecting personal data we process on your behalf, we commit to:

• Prompt Notification: Notify you without undue delay (and in any event within 72 hours of discovery) of any confirmed security incident affecting your data
• Detailed Information: Provide information about the nature of the breach, categories and approximate number of affected records, likely consequences, and measures taken or proposed to address the breach
• Cooperation: Cooperate with your investigation and assist you in notifying affected individuals and regulatory authorities as required by law
• Documentation: Document all facts relating to the breach, its effects, and remedial actions taken
• Remediation: Take all reasonable steps to contain, investigate, and mitigate the breach

This commitment enables you to meet your own breach notification obligations under PIPEDA, Québec's Law 25, GDPR, and other applicable privacy laws.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services and all content, features, and functionality (including but not limited to software, code, text, graphics, logos, images, designs, AI models, algorithms, trademarks, and documentation) are owned by Neon Fox Inc. or our licensors and are protected by:

• Copyright laws
• Trademark laws
• Patent laws
• Trade secret laws
• Other intellectual property and proprietary rights laws

All rights not expressly granted are reserved.

6.2 Trademarks

"Neon Fox," "Dialbox," "Call Bodyguard," "Wrapi," and associated logos and trademarks are trademarks of Neon Fox Inc. You may not use our trademarks without our prior written permission.

6.3 Limited License to You

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for your personal or business purposes
• Download and use applications we provide for the Services

This license does not include the right to:

• Modify, copy, reproduce, or create derivative works of the Services
• Sell, rent, lease, sublicense, distribute, or transfer the Services or access rights
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Decompile, reverse engineer, or disassemble any software or code
• Use the Services to build a competitive product or service
• Frame, mirror, or create links that suggest association without permission

6.4 Feedback and Suggestions

If you provide us with feedback, suggestions, ideas, or recommendations about our Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and commercialize such Feedback without any obligation to you.

6.5 API and Third-Party Integration Terms

API Availability and Access:

Certain Services may provide application programming interfaces (APIs) or integration capabilities with third-party services. API access is provided "as is" and subject to these additional terms:

• API Keys and Credentials: You are responsible for protecting API keys, authentication tokens, and login credentials. Do not share or expose API keys publicly. Loss or compromise of API keys is your responsibility.
• Rate Limiting and Fair Use: APIs are subject to rate limits to ensure service quality for all users. Excessive requests may be throttled or blocked. Commercial scraping, data harvesting, or bulk processing without authorization is prohibited.
• API Documentation: We provide API documentation to facilitate integration. Documentation is provided "as is" without warranty. We reserve the right to update, modify, or discontinue APIs with reasonable notice.
• Deprecation Policy: For APIs that are no longer supported, we will provide at least 90 days notice before removal. You are responsible for updating integrations within the deprecation period.
• Uptime and Reliability: While we strive for API reliability, we do not guarantee 100% uptime or zero downtime. See Service Level Agreement (Section 8.1) for applicable SLA terms.

Third-Party Integrations:

• Data Flow Responsibility: When integrating Neon Fox Services with third-party applications (Zapier, Make, Slack, etc.), you are responsible for understanding how data flows between services and obtaining necessary consents from end users.
• Third-Party Terms: Third-party services are governed by their own terms of service and privacy policies. We are not responsible for third-party data handling, security practices, or service availability.
• Authorization and Permissions: You must have proper authorization to connect third-party applications to your Neon Fox account. You are solely responsible for granting/revoking permissions to third parties.
• Data Liability: We are not liable for data loss, corruption, or unauthorized access resulting from third-party integrations. Thoroughly review third-party privacy policies before connecting.

API Abuse and Enforcement:

• API access may be suspended if you violate these terms or engage in abusive usage patterns
• Automated attacks, security testing without permission, or attempts to circumvent rate limits are prohibited
• We may suspend or terminate API access at any time for abuse, violations, or security concerns
• Enterprise API partners may negotiate custom rate limits and SLAs under a separate agreement

7. Payment and Billing Terms

7.1 Subscription Services and Fees

Certain Services require payment of subscription fees. By subscribing, you agree to:

• Pay all fees according to the pricing and payment terms presented at purchase
• Provide valid and current payment method information
• Keep payment information updated
• Pay for all charges incurred under your account

7.2 Billing Cycles and Auto-Renewal

Auto-Renewal Consent and Disclosure (FTC and State Law Compliance):

For all subscription services with automatic renewal features, you acknowledge and agree that:

• You have provided unambiguously affirmative consent to automatic renewal, separate from consent to any other part of the transaction (e.g., through checkbox, signature, or substantially similar mechanism)
• You understand that you will be charged automatically at the frequency and amount disclosed at the time of purchase
• Cancellation is as easy as signup: You may cancel your subscription at any time with equal ease to how you subscribed, through your account dashboard or by contacting us
• You will receive advance notice before the next billing cycle (minimum 3 days notice)
• For annual subscriptions: We will send you an annual reminder before renewal disclosing what will be renewed, the frequency and amount of charges, and how to cancel

Dialbox:

• Subscription fees may be billed upfront or monthly
• Subscriptions automatically renew unless canceled before the billing cycle (free cancellation anytime)
• Prices are subject to change with reasonable notice via email or website (minimum 30 days)
• Cancellation instructions: Log into account and manage subscription through dashboard or email hello@dialbox.ca

Call Bodyguard:

• Free trial available (credit card required; no automatic charges during trial)
• Monthly or annual billing as selected at signup
• Subscriptions automatically renew unless canceled (free cancellation anytime)
• Refunds available: Pro-rated refunds for annual subscriptions canceled within 30 days of signup
• Advance notice provided minimum 3 days before next billing and 30 days before price increases
• Cancellation instructions: Manage subscription in app Settings or email legal@callbodyguard.com

Wrapi:

• Pay-as-you-go pricing model based on event usage (no auto-renewal)
• Charges processed automatically after each event ends
• Current pricing details available on the Wrapi website
• No automatic renewal; billing occurs only for actual events hosted

7.3 Payment Processing

• All payments are processed securely through Stripe, our third-party payment processor
• You agree to comply with Stripe's terms and conditions
• We do not store full credit card information on our servers
• You are responsible for any bank fees, currency conversion fees, or payment processing charges
• Failed payments may result in service suspension or termination

7.4 Taxes

You are responsible for all applicable taxes, duties, and government fees associated with your purchase, except for taxes based on our net income. We will charge applicable taxes when required to do so by law.

7.5 Refunds

Dialbox:

• Refunds are evaluated on a case-by-case basis at our discretion
• Contact hello@dialbox.ca for refund requests

Call Bodyguard:

• Pro-rated refunds available for annual subscriptions canceled within 30 days
• Other refunds handled on a case-by-case basis

Wrapi:

• Billing disputes must be submitted within 30 days of the charge
• We will investigate and resolve billing disputes in good faith

General Policy:

• We are not obligated to provide refunds unless required by law
• Refunds, if granted, will be processed using the original payment method
• Processing time may vary depending on your financial institution

7.6 Price Changes

We reserve the right to change our pricing at any time. For subscriptions:

• We will provide reasonable advance notice (typically 30 days) before price increases
• Changes will take effect at your next renewal
• You may cancel your subscription if you do not agree to the new pricing

7.7 Fair Use Policy for Unlimited Calling Plans (Dialbox)

Purpose and Scope:

Dialbox's "Unlimited Calling" plans are designed for standard business communication needs. To ensure quality service for all customers and prevent abuse, we enforce the following fair use guidelines.

Monthly Call Limits:

• Standard Unlimited Plan: Up to 500 inbound calls per calendar month
• Calls above threshold: Subject to usage review and potential overage charges (contact us for pricing)
• Monitoring: Usage tracked in real-time via your Dialbox dashboard
• Notifications: Email alerts sent at 400 calls (80%), 500 calls (100%), and 550 calls (110% of threshold)

Acceptable Use:

Unlimited plans are intended for:

• Appointment booking and confirmations
• Customer inquiry handling and support
• After-hours call answering and message taking
• Call routing and business hour management
• Standard business-to-customer communications

Prohibited Use:

Unlimited plans may NOT be used for:

• Telemarketing campaigns or cold calling operations
• Mass outbound calling exceeding 100 outbound calls per day
• Call center operations with sustained high-volume inbound traffic (>500 calls/month)
• Reselling or redistributing call services to third parties
• Robocalling, auto-dialing, or automated high-frequency calling
• Calls to numbers on the National Do Not Call List (DNCL) without proper consent
• Spam, fraud, harassment, or illegal calling campaigns

Enforcement Process:

• First Occurrence (501-600 calls/month): Email notification, usage report provided, overage charges may apply (contact us for pricing), no service interruption
• Second Occurrence (2 consecutive months >500 calls): Email warning with 30-day cure period, recommendation to upgrade to higher-tier plan or custom pricing, continued overage charges
• Third Occurrence (3 consecutive months >500 calls OR single month >1000 calls): Mandatory plan upgrade to custom enterprise pricing, OR account suspension pending usage review, OR termination for pattern of abuse
• Immediate Suspension/Termination (no warnings): Spam or robocalling activity, DNCL violations, fraudulent or illegal calling patterns, caller complaints exceeding 5 per month, regulatory violations

Overage Charges:

Customers exceeding the 500-call monthly threshold may be subject to overage charges. Pricing is determined on a case-by-case basis. Contact hello@dialbox.ca for custom pricing discussions and to upgrade to a higher-tier plan if you regularly exceed 500 calls per month.

Plan Alternatives:

If you regularly exceed 500 calls per month, we offer custom enterprise plans tailored to your business needs. Contact us at hello@dialbox.ca to discuss:

• Professional plans with higher call volume allowances
• Enterprise plans for call center operations
• Custom pricing for high-volume businesses
• Volume discounts and dedicated support

Dispute Resolution:

If you believe your account was incorrectly flagged for fair use violations, contact hello@dialbox.ca within 15 days with an explanation of your usage pattern and business justification for high call volume. We will review your request within 5 business days and respond with a determination.

8. Service Availability and Support

8.1 Service Level and Uptime

We strive to maintain reliable and uninterrupted Services. However, we do not guarantee that the Services will:

• Be available at all times or without interruption
• Be error-free, secure, or free from bugs
• Meet your specific requirements or performance expectations
• Function on all devices or with all third-party software

Services may be temporarily unavailable due to scheduled maintenance, emergency repairs, updates, security incidents, force majeure events, third-party service disruptions, or circumstances beyond our reasonable control. See Section 8.2 (Maintenance) for information about scheduled maintenance notifications.

8.2 Maintenance

We may perform scheduled or emergency maintenance that temporarily makes the Services unavailable. We will:

• Make reasonable efforts to provide advance notice of scheduled maintenance
• Minimize disruption whenever possible
• Restore Services as quickly as reasonably possible

We are not liable for any unavailability, disruption, or data loss resulting from maintenance activities.

8.3 Service Modifications

We reserve the right to:

• Add, modify, suspend, or discontinue any features or functionality
• Change the availability of Services in certain regions
• Impose limits on certain features or restrict access to parts of the Services
• Update, upgrade, or change the technical infrastructure

8.4 Customer Support

We provide customer support to help you use our Services effectively.

Support Channels:

• Dialbox: Email at hello@dialbox.ca
• Call Bodyguard: Email at legal@callbodyguard.com (general), privacy@callbodyguard.com (privacy)
• Wrapi: Email at support@wrapi.io and legal@wrapi.io
• Neon Fox General: Email at hello@neonfox.io

Support Terms:

• Response times may vary based on inquiry nature, volume, and your subscription level
• Support is provided during business hours unless otherwise specified
• We will make reasonable efforts to respond promptly and resolve issues
• Premium support options may be available for certain subscription tiers

8.5 Third-Party Dependencies

Our Services rely on third-party services and infrastructure. We are not responsible for:

• Availability, performance, or reliability of third-party services
• Actions, errors, or omissions of third-party providers
• Interruptions caused by third-party service outages

9. Data Protection and Privacy

9.1 Privacy Policy

Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy at: https://neonfox.io/privacy

9.2 Data Security

We implement reasonable technical and organizational security measures to protect your data. However:

• No method of transmission or storage is 100% secure
• We cannot guarantee absolute security of your data
• You are responsible for maintaining the confidentiality of data you upload

Please refer to our Privacy Policy for detailed information about our data security practices.

9.3 Data Backup

While we maintain regular backups:

• We are not responsible for loss or corruption of your data
• You are responsible for maintaining your own backup copies of important data
• Backup and recovery capabilities may vary by service and subscription tier

9.4 Your Data Responsibilities

You are responsible for:

• Ensuring you have the right to upload and use all data in our Services
• Complying with applicable data protection laws regarding data you process
• Obtaining necessary consents for personal data you collect or process
• Protecting sensitive or confidential information appropriately

9.5 EU Artificial Intelligence Act Compliance

Applicability:

The European Union's Artificial Intelligence Act (AI Act) came into full effect on January 1, 2025. If you are an EU resident, organization, or business entity, or if you use our Services to provide services to EU customers, the following provisions apply to your use of our AI-powered Services.

AI Services Subject to Compliance:

The following Neon Fox services employ AI and are subject to EU AI Act compliance requirements:

• Call Bodyguard: High-Risk Classification - AI-powered call screening system that makes decisions affecting individuals' access to services (spam detection)

High-Risk AI Compliance Measures:

For Call Bodyguard (High-Risk AI), we comply with EU AI Act requirements by:

• Maintaining comprehensive documentation of AI model development, training, and testing
• Implementing Human-in-the-Loop systems where appropriate
• Conducting regular bias and fairness testing of AI algorithms
• Logging and monitoring AI decision-making
• Providing users with transparency about AI decision-making (e.g., Call Bodyguard explains spam classification reasoning)
• Maintaining data governance and quality assurance processes
• Conducting impact assessments for high-risk AI processing
• Providing user appeal/override mechanisms where feasible

Penalties and Enforcement:

Non-compliance with the EU AI Act can result in significant penalties: up to €35 million or 7% of global annual revenue (whichever is higher). Neon Fox Inc. commits to full compliance and maintains the necessary compliance infrastructure, documentation, and governance to meet these requirements.

User Rights Under EU AI Act:

• Right to know when you are interacting with AI systems
• Right to information about how AI decisions are made affecting you
• Right to request human review of AI decisions in certain contexts
• Right to lodge complaints with data protection authorities

For questions about AI compliance or to exercise your rights under the EU AI Act, please contact hello@neonfox.io with subject line \"EU AI Act Request.\"

9.6 Data Retention and Deletion

Retention Timeframes by Data Type:

We retain different types of data for different periods based on legal requirements and business necessity:

• Service Delivery Data (active account): Retained while your account is active and for 30 days after account termination to allow recovery
• Transaction/Billing Records: Retained for 7 years to comply with tax and financial record-keeping obligations
• Legal Hold Data: Retained indefinitely if required by law, litigation, or regulatory investigation
• Backup/Archive Data: Retained for up to 90 days to protect against data loss or corruption
• Security Incident Logs: Retained for 1 year for security and audit purposes
• Analytics/Aggregate Data: Retained indefinitely (anonymized and cannot identify individuals)

Deletion Rights:

• You may request deletion of your account and associated data at any time
• We will delete personal data within 30 days of account termination, except where retention is legally required
• Some data may remain in backup systems for an additional period (up to 90 days) before being permanently deleted
• Data may be retained longer if required by law, regulation, or legal process
• Aggregated, anonymized data may be retained indefinitely as it cannot identify you

Service-Specific Retention:

• Dialbox: Call recordings and transcripts retained for active subscription + 30 days for service delivery purposes; Canadian telecommunications law requires retention of call records for 3 years + 14 days from call date for regulatory compliance; backup retention for 60 days in encrypted backups after account deletion; customer-requested deletion available upon request subject to legal retention requirements; indefinite retention if subject to CRTC investigation or legal proceedings
• Call Bodyguard: Call screening data retained for 1 year for account history and analytics
• Wrapi: Event data retained for 1 year; attendee data deleted upon event conclusion unless event organizer requests retention

To request data deletion or learn more about retention for your specific service, contact the support email listed in Section 8.4 (Customer Support).

9.7 Security Incident Notification

In the event of a confirmed security incident, data breach, or unauthorized access to your personal data, Neon Fox Inc. commits to notifying affected users in accordance with applicable laws, including PIPEDA (Canada), GDPR (EU - 72-hour notification), and CCPA/CPRA (California). We will notify you via email, in-app notification, website notice, or phone as appropriate to the severity of the incident. For complete details on our breach notification procedures, timelines, response protocols, and your rights, see our Privacy Policy Section 6.4.

9.8 Security and Compliance Practices

Compliance Standards:

Neon Fox Inc. is committed to maintaining strong security practices. We comply with the following laws and regulations:

• PIPEDA: Our Services are designed to comply with Canada's Personal Information Protection and Electronic Documents Act
• GDPR: We comply with General Data Protection Regulation (EU) requirements. Data Processing Agreements (DPA) are available upon request for customers subject to GDPR.
• CCPA/CPRA: Our Services comply with California Consumer Privacy Act and California Privacy Rights Act requirements
• Payment Processing: Payment data is processed through Stripe, a PCI DSS compliant payment processor. We do not store or handle credit card data directly.

Security Practices:

We implement industry-standard security measures to protect user data and service availability:

• Data encryption in transit using TLS 1.2 or higher
• Data encryption at rest using AES-256 or equivalent
• Secure authentication mechanisms and password protection
• Regular security reviews and updates
• Access controls limiting employee access to user data
• Activity logging and monitoring for security incidents

Data Processing Agreements (DPA):

For B2B customers and organizations subject to GDPR, CCPA, or similar data protection regulations, we provide Data Processing Agreements (DPA) that outline our responsibilities as a data processor and your responsibilities as a data controller. Contact hello@neonfox.io to request a DPA for your organization.

9.9 Cookies and Tracking Technologies

Cookie Usage:

Neon Fox Inc. websites and Services may use cookies and similar tracking technologies to improve user experience, personalize content, and understand usage patterns. This section explains our use of cookies:

• Essential/Functional Cookies: Required for authentication, account security, and basic service functionality. These cookies cannot be disabled without losing access to the Services.
  • Session tokens and authentication credentials
  • User preferences and settings
  • CSRF (Cross-Site Request Forgery) protection tokens
• Performance/Analytics Cookies: Help us understand how users interact with our Services to improve performance and identify issues. These may be disabled in privacy settings.
  • Usage analytics (page views, feature adoption)
  • Performance monitoring (load times, errors)
  • Conversion tracking (where applicable)
• Marketing/Third-Party Cookies: Some cookies may be set by third parties (e.g., Google Analytics, Stripe) for analytics and marketing purposes. You can opt-out of these in your browser settings.

Tracking Technologies:

Beyond cookies, we may use other tracking technologies:

• Web beacons and pixels for measuring engagement
• Local storage and session storage for performance optimization
• Device fingerprinting (minimal) for security and fraud prevention

User Control and Opt-Out:

• Most browsers allow you to refuse cookies or alert you when cookies are being sent
• For Google Analytics opt-out, install the Google Analytics Opt-out Browser Add-on
• For marketing cookies, you can opt-out through your account privacy settings
• Note: Disabling essential cookies will limit your ability to use the Services

Questions About Cookies:

For questions about our use of cookies and tracking technologies, please contact privacy@neonfox.io.

9.10 Québec Law 25 Compliance

Applicability:

If you are a resident of Québec, your organization is established in Québec, or you use our Services to process personal information of individuals located in Québec, the following provisions apply in addition to the general terms above:

Our Compliance Commitments Under Law 25:

• Privacy Governance: Neon Fox Inc. maintains policies and practices to ensure the protection of personal information, including the designation of a person responsible for the protection of personal information.
• Consent Requirements: We obtain consent for the collection, use, and disclosure of personal information as required by Law 25, including separate, explicit consent for sensitive information.
• Transparency: We provide clear information about our personal information handling practices in our Privacy Policy and these Terms.
• Right to Information: Upon request, we will inform you of the existence of personal information concerning you, the categories of persons who have access to it, and the retention period.
• Right to Rectification: You may request the correction of inaccurate, incomplete, or equivocal personal information, or the deletion of information collected in violation of law.
• Right to Data Portability: Upon request, we will provide you with personal information in a structured, commonly used technological format.
• Right to Withdraw Consent: You may withdraw consent to the processing of personal information, subject to legal restrictions and contractual obligations.
• Right to be Informed of Automated Decisions: Where automated decision-making is used, you have the right to be informed of this use and to request human review (see Section 5.8).
• Breach Notification: In the event of a confidentiality incident involving personal information that presents a risk of serious injury, we will notify you and the Commission d'accès à l'information du Québec as required by law.

Your Obligations as a Québec Customer:

If you are using our Services to process personal information of individuals in Québec, you are responsible for:

• Ensuring you have obtained required consents from individuals before collecting and processing their personal information through our Services
• Providing required notices to individuals about the collection and use of their personal information
• Complying with Law 25's requirements regarding automated decision-making disclosure
• Responding to access, rectification, and portability requests from individuals within the timeframes required by Law 25
• Reporting confidentiality incidents to the Commission d'accès à l'information where you are the data controller

For questions about Law 25 compliance or to exercise your rights under Québec privacy law, contact hello@neonfox.io with subject line "Law 25 Request."

10. Disclaimers and Warranties

10.1 "AS IS" and "AS AVAILABLE" Basis

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10.2 Disclaimer of Warranties

WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Warranties regarding accuracy, reliability, availability, or completeness of the Services
• Warranties that the Services will be uninterrupted, timely, secure, or error-free
• Warranties regarding the quality, accuracy, or reliability of any content or information obtained through the Services
• Warranties that defects will be corrected or that the Services are free of viruses or harmful components

10.3 No Professional Advice

The Services are not intended to provide and do not constitute:

• Legal, financial, medical, or professional advice
• Emergency services or emergency response
• Substitute for professional judgment or expertise

You should consult appropriate professionals for advice specific to your situation.

10.4 Third-Party Services

We make no warranties or representations regarding:

• Third-party websites, services, or content linked to or integrated with our Services
• Products or services provided by third parties
• Accuracy, quality, or reliability of third-party content

10.5 Service-Specific Disclaimers

Dialbox:

• AI Accuracy: Dialbox AI targets 95% accuracy for appointment booking and inquiry handling but cannot guarantee perfect comprehension of all caller requests
• Misrouted Calls: AI may occasionally misclassify calls, route incorrectly, or misunderstand caller intent; you remain responsible for monitoring calls and conducting follow-up
• Language Limitations: AI performs best with English (Canadian and US accents); other languages, heavy accents, or unclear audio may significantly reduce accuracy
• Complex Requests: AI is not suitable for complex negotiations, legal consultations, medical advice, financial guidance, or sensitive personal matters requiring human judgment
• Call Quality Dependency: Transcription and AI response accuracy depends on call quality, background noise, network connectivity, and caller audio clarity
• Verification Required: You must independently verify critical appointment details, contact information, time-sensitive bookings, and any business-critical information captured by the AI
• No Emergency Handling: Dialbox cannot recognize, route, or handle emergency calls (see Section 2.1 for full emergency disclaimer)
• Service Continuity: AI performance may be affected by third-party service outages, network issues, or system maintenance

Call Bodyguard:

• Not a replacement for emergency services (911/999)
• Cannot guarantee 100% accuracy in call screening decisions
• AI decisions may occasionally misclassify calls
• Effectiveness depends on compatible carrier support and proper configuration

Wrapi:

• Cannot guarantee specific video quality or streaming performance
• Not responsible for attendee internet connectivity issues
• Event success depends on proper configuration and adequate bandwidth

10.6 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you, and you may have additional rights.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEON FOX INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "NEON FOX PARTIES") SHALL NOT BE LIABLE FOR ANY:

Indirect, Incidental, Special, Consequential, Exemplary, or Punitive Damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data, goodwill, or reputation
• Loss of use or inability to use the Services
• Cost of procurement of substitute goods or services
• Business interruption or downtime
• Any other intangible losses

Whether arising from:

• Your access to, use of, or inability to access or use the Services
• Any conduct or content of third parties on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content
• Statements or conduct of any third party on the Services
• Any other matter relating to the Services

Even if:

• We have been advised of the possibility of such damages
• A limited remedy fails of its essential purpose
• The claim is based on contract, tort (including negligence), strict liability, or any other legal theory

11.2 Cap on Liability

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE NEON FOX PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF:

• The amount you paid us in the twelve (12) months immediately preceding the event giving rise to the liability, OR
• One hundred dollars ($100.00 USD)

This limitation applies regardless of the number of claims or causes of action.

11.3 Essential Basis of the Bargain

You acknowledge and agree that these limitations of liability are essential elements of the agreement between you and Neon Fox Inc., and that the Services would not be provided to you without these limitations.

11.4 Jurisdictional Variations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the above limitations may not apply to you, and our liability will be limited to the maximum extent permitted by law.

11.5 Exceptions

Nothing in these Terms limits or excludes our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be limited or excluded by applicable law

12. Indemnification

12.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless the Neon Fox Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and legal costs) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable law or regulation
• Your User Content, including any claims that your User Content:
  • Infringes intellectual property rights
  • Violates privacy or publicity rights
  • Contains defamatory, harmful, or illegal content
  • Violates any third-party rights
• Your violation of any rights of another person or entity
• Your negligence, willful misconduct, or fraud
• Any disputes between you and other users
• Claims by third parties arising from your use of the Services

12.2 Defense and Settlement

We reserve the right, at our own expense, to:

• Assume the exclusive defense and control of any matter subject to indemnification
• Require your cooperation in the defense of such claims
• Approve any settlement that affects our rights or interests

You may not settle any claim without our prior written consent if the settlement:

• Imposes any obligation on us
• Includes any admission of liability on our behalf
• Affects our rights or interests

12.3 Notice and Cooperation

You agree to:

• Promptly notify us of any claims subject to indemnification
• Cooperate fully with our defense efforts
• Provide information and assistance as reasonably requested
• Not compromise or settle claims without our prior written consent

12.4 Survival

Your indemnification obligations survive termination of these Terms and your use of the Services.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Services shall be 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.

Neon Fox Inc. is a Canadian Federal Corporation operating in the Province of Ontario.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to:

• Contact us first to attempt to resolve the dispute informally
• Provide a detailed description of the dispute and your desired resolution
• Work in good faith to reach a mutually acceptable solution
• Allow us at least 30 days to respond and attempt resolution

13.3 Arbitration Agreement

Any disputes that cannot be resolved informally must be resolved through binding arbitration in Ontario, Canada, in accordance with the Arbitration Act, 1991 (Ontario) and the rules of the ADR Institute of Canada.

Arbitration Terms:

• Arbitration will be conducted by a single arbitrator
• The arbitration will take place in Ontario, Canada (or virtually if agreed)
• The arbitrator's decision will be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction
• Each party will bear their own costs and fees unless otherwise awarded by the arbitrator
• The arbitration will be confidential
• The language of arbitration shall be English

13.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND NEON FOX INC. INDIVIDUALLY.

To the fullest extent permitted by law:

• You waive any right to participate in class actions, class-wide arbitrations, or representative actions
• Claims may not be joined or consolidated with claims of other users
• You may only bring claims in your individual capacity
• You may not act as a class representative, private attorney general, or in any representative capacity

If the class action waiver is found unenforceable, the arbitration agreement shall be null and void.

13.5 Small Claims Court

Either party may pursue claims in the Small Claims Court of Ontario if:

• The claim qualifies for Small Claims Court jurisdiction (currently claims up to $35,000 in Ontario)
• The claim is brought in an individual capacity (not as part of a class action)
• The Small Claims Court has proper jurisdiction over the matter

13.6 Jurisdiction and Venue

For disputes not subject to arbitration or Small Claims Court, you agree that:

• The courts of the Province of Ontario shall have exclusive jurisdiction
• Venue shall be proper in Toronto, Ontario, Canada
• You consent to personal jurisdiction in the Ontario courts
• You waive any objections based on inconvenient forum

You agree to submit to the personal and exclusive jurisdiction of the courts located within Ontario, Canada.

13.7 Injunctive Relief

Nothing in these Terms prevents either party from seeking injunctive or other equitable relief in court to:

• Protect intellectual property rights
• Prevent irreparable harm
• Enforce confidentiality obligations
• Prevent ongoing violations of these Terms

13.8 Time Limitation on Claims

You agree that any claim or cause of action arising out of or relating to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements, policies, or guidelines referenced herein or otherwise applicable to specific Services, constitute the entire agreement between you and Neon Fox Inc. regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

14.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction:

• That provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions
• The invalid provision shall be limited or eliminated to the minimum extent necessary
• The remaining provisions shall remain in full force and effect

14.3 Waiver

Our failure or delay in enforcing any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. A waiver of any breach of these Terms does not constitute a waiver of any subsequent breach.

14.4 Assignment

By You:

• You may not assign, transfer, or delegate these Terms or your rights and obligations without our prior written consent
• Any attempted assignment without consent is void

By Us:

• We may freely assign, transfer, or delegate these Terms and our rights and obligations without restriction
• This includes assignments in connection with mergers, acquisitions, sales of assets, or other corporate transactions

14.5 No Third-Party Beneficiaries

These Terms are for the benefit of you and Neon Fox Inc. only. No third party has any right to enforce or receive the benefit of any provision of these Terms, except for the Neon Fox Parties who are entitled to the protections provided herein.

14.6 Relationship of the Parties

No agency, partnership, joint venture, employment, or franchise relationship is created between you and Neon Fox Inc. by these Terms or your use of the Services. You have no authority to bind us or make commitments on our behalf.

14.7 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather
• War, terrorism, riots, or civil unrest
• Government actions, laws, or regulations
• Labor disputes or strikes
• Telecommunications or internet failures
• Cyberattacks or security breaches beyond reasonable prevention
• Pandemics or public health emergencies
• Failures of third-party services or infrastructure

14.8 Headings and Interpretation

• Section headings are for convenience only and do not affect interpretation
• Use of "including" means "including but not limited to"
• References to "days" mean calendar days unless otherwise specified
• Words in the singular include the plural and vice versa
• "You" and "your" refer to the individual or entity using the Services
• "We," "us," and "our" refer to Neon Fox Inc.

14.9 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

14.10 Survival

The following provisions shall survive termination of these Terms:

• Payment obligations
• Intellectual property rights
• User Content licenses
• Disclaimers and limitations of liability
• Indemnification obligations
• Dispute resolution and governing law
• General provisions

14.11 Export Control and Trade Compliance

You agree to comply with all applicable Canadian and international export and import control laws and regulations, including those administered by Global Affairs Canada. You represent that:

• You are not located in a country subject to a Canadian government embargo or sanctions
• You are not listed on any Canadian government list of prohibited or restricted parties (including the Consolidated Canadian Autonomous Sanctions List)
• You will not use the Services for any purposes prohibited by Canadian or applicable international law
• You will comply with all applicable trade control regulations

14.12 Canadian Government Use

If you are a Canadian government entity or Crown corporation, the Services are provided as commercial items. Use, reproduction, and disclosure are subject to the terms of these Terms and applicable Canadian procurement regulations.

14.13 Notice Requirements

Notices to You:

We may provide notices to you:

• Via email to the address associated with your account
• Through in-app notifications or dashboard messages
• By posting on our websites
• By mail to the address in your account (if applicable)

You agree to keep your contact information current and acknowledge that email is an acceptable form of legal notice.

Notices to Us:

You may provide legal notices to us at:

• Dialbox: hello@dialbox.ca, Toronto, ON, Canada
• Call Bodyguard: legal@callbodyguard.com
• Wrapi: legal@wrapi.io
• Neon Fox General: hello@neonfox.io

Notices must be in writing and will be deemed given when received.

15. Specific Service Terms

15.1 Dialbox-Specific Terms

In addition to the general terms above:

• You must not use data that does not belong to your business
• You must not use the Service to train AI models with unauthorized third-party data
• You own all data, call logs, and documents you upload
• Subscriptions automatically renew unless canceled via your dashboard before the billing cycle
• Services comply with Canadian privacy laws (PIPEDA) and are governed by Ontario and Canadian federal law

15.1a Call Recording and Transcription (Dialbox)

Recording and Storage:

• All calls are audio recorded and transcribed by default when the recording disclosure announcement is enabled
• Recordings and transcripts are stored in your Dialbox dashboard
• Call data is retained as described in Section 9.6 (Data Retention)
• You can disable call recording and transcription by turning off the recording disclosure announcement in your dashboard settings; when disabled, no audio recordings or transcripts will be created

Your Responsibilities and Consent Obligations:

YOU (the Customer) are solely responsible for obtaining all required consent from call participants under applicable law. This includes:

• Two-Party Consent Compliance: Canada requires consent from all parties to a call before recording in most provinces. You must comply with provincial recording laws applicable to your business location and caller locations
• Caller Notification: You must provide caller notification that calls may be recorded (e.g., "This call may be recorded for quality and training purposes")
• Timing of Disclosure: Recording consent disclosure should be provided before the call begins or within the first 10 seconds via automated message or AI greeting
• Provincial Variations: Recording consent requirements vary by province; you are responsible for understanding and complying with laws in provinces where you operate and where your callers are located
• Cross-Border Calls: If you receive calls from outside Canada (e.g., US callers), you must comply with the recording consent laws of those jurisdictions as well

Data Controller vs. Data Processor Relationship:

• Dialbox acts as a Data Processor: We process call recordings and transcripts on your behalf as part of providing the service
• You are the Data Controller: You determine the purposes and means of processing call data and are responsible for legal compliance with recording laws
• You are responsible for ensuring lawful authority to record all calls processed through Dialbox
• You must not use Dialbox in jurisdictions or circumstances where you cannot obtain proper recording consent

Prohibited Use:

• You must not use Dialbox to record calls in violation of applicable federal, provincial, or international recording consent laws
• You must not use Dialbox in jurisdictions with one-party consent laws unless you are a party to the conversation
• Secret or undisclosed recording without proper consent is strictly prohibited
• Recording calls for illegal purposes (e.g., surveillance, harassment, fraud) is prohibited

Indemnification:

You agree to indemnify, defend, and hold harmless Neon Fox Inc. from any claims, lawsuits, fines, penalties, or damages arising from your failure to obtain proper call recording consent or violation of recording consent laws. This includes but is not limited to violations of provincial wiretapping laws, privacy laws, or any claims by callers alleging unauthorized recording.

Recommendation: We strongly recommend consulting with a Canadian telecommunications lawyer to ensure your recording consent practices comply with applicable provincial and federal laws. Recording consent requirements are complex and vary significantly by jurisdiction.

15.1b CRTC and Canadian Telecommunications Compliance (Dialbox)

As a telecommunications service operating in Canada, Dialbox and its customers must comply with regulations established by the Canadian Radio-television and Telecommunications Commission (CRTC) and applicable federal and provincial laws.

National Do Not Call List (DNCL) Compliance:

• You must not use Dialbox to place unsolicited telemarketing calls to numbers registered on Canada's National Do Not Call List (DNCL)
• Before placing outbound calls, you must scrub your calling lists against the DNCL database
• Existing business relationship exemptions apply only if you have conducted business with the recipient within the past 18 months
• You must maintain internal "do not call" lists and honor opt-out requests immediately
• Violations of DNCL rules can result in fines up to $15,000 per violation (individuals) or $1,500,000 per violation (corporations)

Calling Hours and Restrictions:

• Permitted calling hours: 9:00 AM to 9:30 PM Monday through Friday, and 10:00 AM to 6:00 PM on weekends (local time of the recipient)
• No calls permitted on statutory holidays
• You are responsible for tracking recipient time zones and ensuring compliance with calling hour restrictions

AI Disclosure Requirements:

• You should disclose to callers that they may be interacting with an AI system (recommended within the first 10 seconds of the call)
• While not currently mandated by CRTC, AI disclosure is considered a best practice and may become legally required in the future
• Recommended disclosure: "You've reached [Business Name]. This call is answered by an AI assistant. How can I help you today?"
• Callers should have the option to speak with a human representative or leave a message for callback

Consent and Authorization Requirements:

• You must obtain express or implied consent before placing telemarketing calls to customers
• Express consent: Written or verbal confirmation that the customer agrees to receive calls
• Implied consent: Existing business relationship, published phone numbers (with restrictions), or inquiry/application within 6 months
• Consent must be clear, documented, and revocable at any time
• You must identify yourself and your business at the start of each call

Prohibited Activities Under CRTC Rules:

• Calling numbers on the National Do Not Call List without valid exemption
• Using automated dialing or artificial/pre-recorded voice messages without consent (robocalling)
• Spoofing caller ID information or displaying misleading identification
• Continuing to call after a consumer has requested to be added to your internal do-not-call list
• Calling during prohibited hours or on statutory holidays
• Failing to provide accurate company information when requested

Customer Responsibility and Compliance:

• You are solely responsible for ensuring your use of Dialbox complies with all CRTC regulations, federal laws, and provincial telecommunications laws
• Dialbox provides the technology platform only; we do not control your calling practices or verify DNCL compliance
• You must implement internal processes to ensure CRTC compliance, including DNCL screening, calling hour monitoring, and consent management
• You are responsible for training your staff on CRTC compliance requirements
• You must maintain records of consent, opt-outs, and calling activity as required by CRTC rules

Indemnification for Regulatory Violations:

You agree to indemnify, defend, and hold harmless Neon Fox Inc. from any and all claims, fines, penalties, enforcement actions, lawsuits, or damages arising from your violation of CRTC regulations, DNCL rules, or any Canadian federal or provincial telecommunications laws. This includes but is not limited to:

• CRTC administrative monetary penalties (AMPs) imposed for violations
• Legal fees and costs associated with defending regulatory investigations or enforcement actions
• Claims or lawsuits filed by consumers or third parties alleging CRTC violations
• Costs of responding to CRTC inquiries, audits, or investigations related to your account

Enforcement and Immediate Suspension Rights:

As described in Section 3.4, we reserve the right to immediately suspend or terminate your Dialbox account without notice if we determine that you are violating or have violated CRTC regulations, DNCL rules, or other telecommunications laws. We may also report suspected violations to CRTC or other appropriate authorities as required by law.

Resources: For more information about CRTC telecommunications rules and the National Do Not Call List, visit:

• CRTC Website: https://crtc.gc.ca
• National DNCL: https://lnnte-dncl.gc.ca
• Unsolicited Telecommunications Rules: https://crtc.gc.ca/eng/phone/telemarketing/

15.2 Call Bodyguard-Specific Terms

In addition to the general terms above:

• You must have authority to set up call forwarding on phone numbers you add
• Call Bodyguard is not a replacement for emergency services (911)
• AI screening cannot guarantee 100% accuracy
• Service requires active call forwarding and compatible carrier support
• Important: We do not record or store audio from phone calls; only text transcripts are maintained
• Disputes are governed by Ontario and Canadian federal law and resolved through arbitration in accordance with Ontario's Arbitration Act

15.3 Wrapi-Specific Terms

In addition to the general terms above:

• Billing occurs automatically after each event ends
• Content must be appropriate for professional business environments
• You are responsible for ensuring you have rights to all content you upload
• Disputes are governed by Ontario and Canadian federal law and resolved through arbitration in accordance with Ontario's Arbitration Act

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

General Inquiries

We typically respond to inquiries within 1-2 business days.