1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and XitPlan Inc. ("XitPlan", "we", "us", or "our"), a corporation incorporated under the laws of the Province of Ontario, Canada, with its principal office in Toronto, Ontario.
By purchasing, signing, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you purchase Website Services, the signed Website Services Agreement governs that engagement; these Terms apply in parallel and the signed agreement controls in case of conflict.
If you do not agree to these Terms, do not use our services.
2. Description of Services
Missed Call Capture
An AI phone-answering service that picks up calls you cannot, captures lead details, and emails them to you. Each subscription includes:
- An AI-powered backup phone number you forward missed calls to
- A fully managed AI greeting customized with your business name and preferred tone
- Lead capture covering caller name, phone number, and reason for calling
- Instant email notifications with the captured lead after each call
- 30 included minutes of AI conversation per month
- Per-minute overage billing for time used past the 30 included minutes
- Ongoing technical support during business hours
- Account-wide updates and improvements as the underlying platform evolves
Missed Call Capture is month to month with no long-term commitment. You may cancel at any time, effective at the end of the current billing period.
Website Services
A productized web design, development, hosting, and maintenance service offered in three tiers (Starter, Growth, Premium) under a 24-month payment plan. Each tier includes:
- A custom-designed website covering the pages and content scope agreed during onboarding (typically homepage, services, about, contact, plus vertical-specific pages such as locations or service detail pages)
- On-page AI-SEO (Schema.org structured data, semantic HTML, pre-rendered content, meta titles and descriptions, Open Graph tags, sitemap, robots configuration) so the site can be discovered and cited by traditional search engines as well as AI assistants such as ChatGPT, Claude, and Perplexity
- Mobile-responsive design tested across major modern browsers
- A lead capture form that emails leads to you in real time
- Hosting on Cloudflare Pages with SSL, global CDN, and automated backups
- Unlimited content update requests during the active term, handled in normal business order
- Direct support from the founder and the XitPlan team, weekdays during Toronto business hours
Growth and Premium tiers add SMS lead notifications and multilingual builds (EN + FR). Premium adds an AI chatbot trained on Client's business that answers FAQs and captures leads 24/7, paid bookings via Stripe, automation work on request, and priority queueing across requests and approvals. The live tier matrix and exact monthly amounts are at /websites and are the source of truth.
Custom Engagements
From time to time, XitPlan accepts work outside the standard Missed Call Capture and Website Services tiers. Examples include ongoing local SEO and Google Business Profile management, multi-location website builds, e-commerce builds, custom integrations between third-party systems, and similar engagements scoped per Client.
The specific scope, deliverables, term, pricing, payment schedule, and any service-specific terms for each custom engagement are defined in a signed Service Agreement between Client and XitPlan. The signed Service Agreement controls in case of conflict with these general Terms.
XitPlan does not guarantee any specific search engine ranking, AI assistant citation rate, lead volume, conversion rate, sales, revenue, or other business outcome on any custom engagement. Aspirational claims in marketing materials or scoping conversations are not contractual promises.
Unless explicitly overridden in the signed Service Agreement:
- All other sections of these Terms apply to custom engagements, including without limitation Acceptable Use (Section 9), Limitation of Liability (Section 13), Indemnification (Section 14), Confidentiality (Section 15), Force Majeure (Section 16), Governing Law (Section 18), and Dispute Resolution (Section 19)
- A 30-day money-back guarantee applies, mirroring the Website Services structure: Client may cancel within 30 calendar days of signing the Service Agreement by sending written notice to [email protected] for a full refund of fees paid. Refunds are processed within 5 business days
- After the 30-day window, cancellation and termination follow the terms set out in the signed Service Agreement
What is not included
The following are not included unless explicitly agreed in writing as a paid scope addition:
- Full e-commerce functionality (multi-product cart, inventory management, complex checkout flows)
- Custom application development beyond the marketing-site scope (booking systems, dashboards, CRMs, member portals)
- Ongoing original copywriting, blog post production, or content marketing
- Paid advertising management, ad creative, or media buys
- Domain registration fees and renewals (Client's responsibility)
- Third-party software subscription fees passed on to Client (eg. analytics, A/B test, CRM, scheduling tools)
- Hardware, photography, or video production
- Translation work beyond EN + FR (where the multilingual feature is included on the Client's tier)
Service goals, not guarantees
We work hard to deliver fast, well-built, well-positioned sites and reliable AI call handling. We do not, however, guarantee any specific outcome, including:
- Search engine ranking, position on any results page, or inclusion in any specific index
- AI assistant citation rate, frequency, or accuracy
- Lead volume, conversion rate, sales, or revenue impact
- AI conversation accuracy or call-capture completeness in every single call
- Uptime of third-party platforms we rely on (Cloudflare, Stripe, Supabase, Resend, telephony providers, AI providers)
Anything described as a "promise", "guarantee", "result", or similar in marketing copy refers to the specific commitments stated in these Terms or in a signed Website Services Agreement. Aspirational claims in marketing materials are not contractual promises.
3. Pricing
All prices are pulled live from Stripe. Currency is auto-detected from the billing country: customers in Canada are billed in CAD, customers elsewhere are billed in USD. Taxes are exclusive of the listed price and are added at checkout where applicable.
Missed Call Capture
- Monthly subscription: see live pricing on the Missed Call Capture page.
- Included usage: 30 minutes of AI conversation per month
- Overage: per-minute rate billed at the end of the cycle for any minutes used beyond 30
- Setup fee: none
- Commitment: none. Month to month, cancel any time
Website Services
- Monthly fee: Starter / Growth / Premium tiers; live amounts on the Websites page.
- Setup fee: none
- Term: 24-month payment plan starting on the date the Website Services Agreement is signed
- Late payments: if a monthly payment fails, we retry the charge over 14 days and notify you by email. Service may be suspended after 14 days of non-payment and terminated after 30 days, at which point the full remaining balance of your 24-month Website Services plan becomes due. You're responsible for any reasonable collection costs we incur if the matter goes to collections. We do not charge interest on past-due amounts.
- Post-term rate: after the 24-month term, the Site continues month-to-month at the post-term rate for your plan, which is a 35% reduction from your plan's then-current monthly rate, in your plan's currency, with at least 30 days written notice of any rate change. The post-term rate continues all features included in your plan, including any usage-priced features bundled in the plan such as SMS lead notifications and AI chatbot where applicable
General Payment Terms
- All payments are processed by Stripe. We do not store full card numbers
- Stripe collects the customer's email, name, and (where required for tax) billing address at checkout. The signed Website Services Agreement and the Stripe payment together form the binding record of the engagement
- XitPlan reserves the right to change prices on new orders at any time. Existing Website Services customers keep their original monthly fee for the duration of their 24-month term. Existing Missed Call Capture customers receive 30 days written notice before any monthly rate change
- Failed payments may result in suspension or termination of services as described above
4. Refund and Cancellation Policy
Missed Call Capture: 30-day fair-use refund
- New customers may cancel within 30 calendar days of activation for a full refund of the monthly subscription fee
- To qualify for a refund, total AI conversation time during the refund window must remain within the 30 included minutes
- Overage charges (per-minute time billed past 30 minutes) are never refundable
- The subscription continues automatically each month after the refund window unless cancelled. Cancellation takes effect at the end of the current billing period; you keep service through the period you already paid for
- Refunds are processed within 5 business days of the cancellation request
Website Services: 30-day money-back, then 24-month commitment
- Client may cancel within 30 calendar days of signing the Website Services Agreement by sending written notice to [email protected]. Upon timely cancellation, XitPlan refunds all fees paid and Client must immediately stop using any work product delivered. Refunds are processed within 5 business days
- After the 30-day window: Client may cancel monthly Services at any time, but the remaining balance of the 24-month payment plan becomes due as an early-termination fee, payable in full within 30 days of cancellation OR via continued monthly billing through the original term-end date. Client retains ownership of Deliverables paid for to date
- No partial refunds are issued after the 30-day window
- XitPlan may terminate the Agreement immediately for material breach by Client (including non-payment, providing unlawful content, or repeated failure to meet obligations). Fees paid are non-refundable in such cases
General Refund Terms
- Refund and money-back offers apply to new customers only. They do not stack across cancellation and re-signup
- Refunds are processed within 5 business days of the qualifying request and are issued to the original payment method
- XitPlan reserves the right to deny refund requests that do not meet the stated criteria
5. Delivery and Timeline (Website Services)
XitPlan targets a launch within 7 days of receiving complete content and brand assets from Client (the "Content Receipt Date"). The 7-day clock does not begin at signature; it begins on the Content Receipt Date.
Delays caused by Client (slow content, slow approvals) extend the launch date one for one. Delays caused by XitPlan that exceed 14 days from the Content Receipt Date entitle Client to a one-month fee credit.
6. Client Responsibilities
Missed Call Capture
- Configure call forwarding from your primary business phone number to the backup number we provide
- Provide accurate business information for the AI greeting
- Maintain the security of your account credentials
- Reconfigure or remove the call forwarding from your phone upon cancellation
Website Services
- Provide all required content, brand assets, written copy, photographs, and account access within 7 days of the signature date
- Respond to drafts, proofs, and approval requests within 5 business days
- Warrant that all content provided is owned by or properly licensed to Client and does not infringe any third-party rights
- Not request or instruct XitPlan to publish unlawful, defamatory, harassing, or misleading content
- Provide a domain name
If Client fails to respond to an approval request for 30 consecutive days, the request is deemed approved.
General
- Comply with all applicable local, provincial, and federal laws when using our services
- Delays caused by your failure to provide required materials or feedback do not extend project deadlines and do not entitle you to refunds
7. Hosting and Maintenance (Website Services)
While the Website Services Agreement is active, we include hosting on Cloudflare Pages, SSL certificate provisioning, automated backups, routine maintenance, and unlimited content update requests at no additional cost.
Post-term options (after the 24-month term).
Option 1: Continue Service at the post-term rate. The Site stays on XitPlan's hosting and continues to receive maintenance, content update requests, and all features included in the plan, including any usage-priced features bundled in the plan (such as SMS lead notifications and AI chatbot where applicable). The post-term rate is a 35% reduction from the plan's then-current monthly rate, in the plan's currency, with at least 30 days written notice of any rate change. Client may cancel at any time under this option; service and billing end at the close of the current monthly billing period.
Option 2: Migrate to Own Hosting. Client may move the Site to another provider at no charge. XitPlan will provide a one-time export of Deliverables within 15 business days of a written migration request. Migration ends XitPlan's hosting and operating relationship with the Site; see "Backend services on migration" below for the services and costs that stop on the migration date.
Default if no choice is made. If Client does not send a written migration request within 30 days of the term-end date, the Site automatically continues under Option 1 at the post-term rate. Client may still cancel or request migration at any time afterward.
Backend services on migration. The export Client receives on migration contains only the static website: design, content, copy, and client-side code (HTML, CSS, JavaScript). It does not include, and on migration XitPlan ceases to operate and to fund, any ongoing service or third-party cost associated with the Site, including but not limited to: AI chatbot operation and AI API costs (e.g. OpenAI, Anthropic), SMS lead notifications and telephony/messaging API costs, email delivery for lead notifications, the lead capture form's server-side delivery, hosting and CDN, paid bookings and any payment processing integration (Stripe), and any other XitPlan-operated service or third-party API costs included in the plan now or added during the term. No working API keys, server-side functions, third-party platform credentials, or ongoing operating relationship with XitPlan-operated infrastructure transfer with the export. Re-implementing any of these services on the migrated Site, sourcing new providers, paying ongoing platform fees, and bearing all related operational costs are Client's sole responsibility. After migration, XitPlan has no further operating obligations or cost responsibilities to Client with respect to the migrated Site.
8. Intellectual Property
- You retain ownership of your domain name, business content, branding, logos, photos, written copy, and any other materials you provide to us
- Upon full payment for any month of Website Services, you own the visible content, design, copy, images, and brand-specific assets delivered for that month (the "Deliverables") and receive a perpetual, non-exclusive, worldwide license to use, display, and modify them for your business
- XitPlan retains all right, title, and interest in reusable code patterns, frameworks, libraries, design systems, template logic, build pipelines, infrastructure code, and proprietary tooling. The license to you covers the Deliverables, not the underlying platform
- For Missed Call Capture, XitPlan retains ownership of the AI assistant configuration, prompt templates, and call-handling logic. You retain ownership of the lead data captured on your behalf
- XitPlan reserves the right to showcase completed projects in our portfolio unless you request otherwise in writing
9. Acceptable Use
You may not use our services, directly or indirectly, to:
- Send spam, unsolicited bulk messages, phishing attempts, or any communication that violates anti-spam law (CAN-SPAM, CASL, GDPR e-privacy, or equivalent)
- Distribute malware, illegal content, hate speech, content that sexualizes minors, content that promotes violence, or content that infringes third-party rights
- Misrepresent your identity, business, qualifications, certifications, or affiliation
- Attempt to reverse engineer, decompile, scrape, or replicate the XitPlan platform, our reusable code patterns, our AI assistant configuration, or any non-public infrastructure
- Resell our services, sublicense them, or expose them as part of your own product without prior written consent
- Use our services to compete with XitPlan or to build a substantially similar service
- Test, probe, or stress our infrastructure or third-party providers without prior written authorization
- Use Missed Call Capture for autodialing, robocalling outbound, telemarketing, fraud, or any call pattern that violates telephony regulations or carrier acceptable-use policies
XitPlan reserves the right to suspend or terminate services immediately, without refund, for any breach of this section. We also reserve the right to refuse service or decline new orders at our sole discretion.
10. Chargebacks and Disputed Payments
If you initiate a chargeback, payment dispute, or reversal with your card issuer or payment provider for a charge that you have not first attempted to resolve directly with XitPlan in good faith via [email protected]:
- Service is suspended immediately, and your account may be permanently terminated
- For Website Services, the entire remaining balance of the 24-month payment plan becomes immediately due as an early-termination fee, plus any chargeback or dispute fees XitPlan incurs from Stripe, plus reasonable collection costs
- For Missed Call Capture, the account is closed and any associated lead data is retained for legal recordkeeping but no longer accessible
- XitPlan will provide the signed Website Services Agreement, audit trail (IP, user-agent, timestamp, contract version hash), payment record, and proof of delivery to the card issuer to contest the dispute
Frivolous chargebacks (defined as disputes raised after delivery of services consistent with the signed Agreement, or disputes raised without first contacting us in good faith) may also be reported to credit bureaus and pursued in court for the full amount owed plus collection costs.
11. Non-solicitation
During the engagement and for 12 months after termination, you agree not to directly or indirectly solicit, hire, or contract with any XitPlan employee, contractor, or subcontractor who provided services to your account, without XitPlan's prior written consent. This does not restrict general public job postings that are not specifically targeted at XitPlan personnel.
12. Disclaimer of Warranties
Our services are provided on an "AS-IS" and "AS-AVAILABLE" basis. XitPlan makes no warranties, express or implied, regarding the reliability, accuracy, or completeness of our services.
XitPlan does not guarantee any specific search engine ranking, AI assistant citation rate, conversion rate, lead volume, revenue outcome, or business result.
For Missed Call Capture specifically, AI technology may occasionally produce errors in transcription or lead capture. XitPlan is not liable for inaccuracies in captured information.
13. Limitation of Liability
To the maximum extent permitted by applicable law:
- Cap. XitPlan's total aggregate liability for any and all claims arising out of or related to these Terms or your use of our services is capped at the lesser of (a) three (3) months of fees paid by you to XitPlan immediately preceding the event giving rise to the claim, OR (b) USD $1,000
- Exclusions. XitPlan is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, lost data, business interruption, or loss of goodwill
- Third parties. XitPlan is not liable for outages, failures, or actions of third-party platforms, including Cloudflare, Stripe, Supabase, Resend, telephony providers, AI providers (OpenAI, Anthropic, Perplexity), or any AI crawler
14. Indemnification
You will defend, indemnify, and hold XitPlan Inc., its officers, directors, employees, and agents harmless from any third-party claim arising from:
- Your use of our services
- Content, materials, or information you provide to us
- Your violation of these Terms or any signed Agreement
- Your violation of any applicable law or regulation
- Your business practices or operations
XitPlan will defend, indemnify, and hold you harmless from any third-party claim that the reusable code patterns authored by XitPlan infringe a third party's copyright or patent.
15. Confidentiality
Each party agrees to keep confidential any non-public business information shared during the engagement, and to use such information solely to perform under these Terms or any signed Agreement, for a period of 3 years after termination.
16. Force Majeure
Neither party is liable for any failure or delay in performance under these Terms where the failure or delay results from circumstances beyond reasonable control, including natural disasters, civil unrest, pandemics, government action, internet or third-party platform outages, telecommunications failures, power outages, labor disputes, or acts of terrorism.
17. Electronic Signatures
Where you sign a Website Services Agreement electronically through our website, you agree that the typed name signature has the same force and effect as a handwritten signature, and that the Agreement is a legally binding contract under:
- The U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001
- The Canadian Personal Information Protection and Electronic Documents Act (PIPEDA)
- The Ontario Electronic Commerce Act, 2000, S.O. 2000, c. 17
You consent to XitPlan recording and retaining the IP address, user-agent string, timestamp, and contract version hash associated with the signature as proof of agreement.
18. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
19. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved within 30 days, the parties submit to the exclusive jurisdiction of the courts of Toronto, Ontario, and waive any right to a jury trial or class-action proceeding.
20. Changes to These Terms
XitPlan may update these Terms from time to time. We will post the updated Terms on this page with a revised "Last updated" date. For material changes that affect existing customers, we will provide at least 30 days written notice by email. Your continued use of the services after the effective date constitutes acceptance of the updated Terms.
Customers under an active Website Services Agreement keep the terms of that signed Agreement for the remainder of their 24-month term, regardless of changes to these general Terms.
21. Entire Agreement
These Terms, together with our Privacy Policy and any signed Website Services Agreement, constitute the entire agreement between you and XitPlan with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral. Where a signed Website Services Agreement conflicts with these Terms, the signed Agreement controls.
22. Contact Us
If you have any questions about these Terms, please contact us: