Last updated: July 14, 2026
These Terms of Service ("Terms") are a legally binding agreement between you ("Client", "you", or "your") and XitPlan Inc. ("XitPlan", "we", "us", or "our"), an Ontario corporation with its principal office in Toronto, Ontario.
By purchasing, signing, or using any service, you confirm that you have read, understood, and agreed to these Terms. A signed Website Services Agreement applies in parallel to Website Services and controls if it conflicts with these Terms.
If you do not agree, do not use our services.
Missed Call Capture is a managed AI phone-answering service that answers forwarded missed calls, captures lead details, and emails them to you. It includes a configured backup number, customized greeting, lead capture, email notification, technical support, and account-wide platform improvements.
The first 30 minutes of AI conversation are free one time per customer. After that, usage is billed at the live per-minute price shown on /missed-call-capture. There is no monthly subscription fee or long-term commitment.
Website Services are offered as an automatically renewing month-to-month hosted subscription with no minimum term. XitPlan designs, develops, hosts, and maintains the website while the subscription is active and paid.
Each plan includes the scope and managed features shown on /websites when you subscribe. Depending on the plan, features may include responsive design, on-page AI-SEO, lead forms, hosting, SSL, backups, content updates, multilingual pages, SMS notifications, review tools, chatbots, paid bookings, and automations.
XitPlan does not guarantee search rankings, AI citations, conversions, lead volume, revenue, or any other business result.
Work outside the standard service plans is governed by a signed service agreement defining its scope, fees, schedule, term, and service-specific conditions. That agreement controls if it conflicts with these Terms.
Unless a signed service agreement says otherwise, the acceptable-use, liability, indemnification, confidentiality, force-majeure, governing-law, and dispute provisions in these Terms apply. A custom engagement has a 30-day money-back guarantee only if its signed agreement expressly provides one.
Unless agreed in writing as paid scope, services do not include full e-commerce systems, custom applications beyond the stated website scope, ongoing original copywriting or content marketing, advertising management, domain registration fees, third-party subscriptions charged directly to you, hardware, photography, video production, or translation beyond languages included in your plan.
Live prices are provided through Stripe. Canadian customers are generally billed in CAD and customers elsewhere in USD. Listed prices exclude applicable taxes. Stripe processes payments, and XitPlan does not store full card numbers.
XitPlan targets launch within 7 days after receiving complete content and brand assets. The timeline begins when those materials are complete, not when the agreement is signed.
Client-caused delays extend the launch date by the same amount. A delay caused by XitPlan exceeding 14 days after complete materials are received entitles the Client to a one-month fee credit.
You must follow applicable law and maintain credential security. Delays caused by missing materials or feedback do not create a refund right. A Website Services approval request left unanswered for 30 consecutive days may be treated as approved.
While a Website Services subscription is active and paid, XitPlan provides the hosting, SSL, backups, maintenance, content updates, and managed features included in the selected plan.
The assembled website is a hosted service, not a transferable website product or work-for-hire sale. XitPlan does not provide source code, a static export, a migration package, deployment files, credentials, or assistance moving the assembled website to another host.
When the subscription ends, XitPlan deactivates the website and its managed features on the applicable cancellation date. You may use your domain, supplied materials, and data elsewhere, but must create or obtain a different website independently.
You may not use our services to send spam or phishing, distribute malware or illegal or infringing content, misrepresent your identity or qualifications, reverse engineer non-public systems, resell or sublicense services without consent, compete using our non-public materials, probe infrastructure without authorization, or violate telephony and carrier rules.
We may immediately suspend or terminate service without refund for an acceptable-use violation and may refuse new orders at our discretion.
Before starting a chargeback or payment dispute, contact [email protected] and attempt to resolve the issue in good faith. A dispute may result in immediate service suspension while it is reviewed.
For Website Services, cancellation or termination following a dispute does not create an early-termination fee or remaining subscription balance. You remain responsible only for valid accrued charges, payment-provider dispute fees caused by an improper chargeback, and reasonable collection costs permitted by law.
XitPlan may provide a signed agreement, signature audit trail, payment records, and proof of delivery to the payment provider. We may pursue an abusive or fraudulent dispute through lawful collection or court processes.
During the engagement and for 12 months afterward, you will not directly solicit or hire an XitPlan employee or contractor who served your account without written consent. This does not restrict general public job postings not targeted at XitPlan personnel.
Services are provided on an "AS-IS" and "AS-AVAILABLE" basis to the extent permitted by law. XitPlan disclaims implied warranties and does not guarantee rankings, citations, conversions, leads, revenue, uptime, or error-free AI transcription and capture.
To the maximum extent permitted by law, XitPlan's total aggregate liability is limited to the lesser of three months of fees paid immediately before the event giving rise to the claim or USD $1,000.
XitPlan is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profit, revenue, data, goodwill, or business interruption, or for outages, failures, or actions of third-party platforms.
You will defend, indemnify, and hold XitPlan and its personnel harmless from third-party claims arising from your use of the services, materials you supply, breach of these Terms or a signed agreement, violation of law, or business operations.
XitPlan will defend, indemnify, and hold you harmless from a third-party claim that code authored by XitPlan specifically for your website infringes that party's copyright or patent.
Each party will protect non-public business information shared during the engagement and use it only to perform the services. This obligation continues for 3 years after termination.
Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, civil unrest, pandemics, government action, internet or platform outages, telecommunications or power failures, labour disputes, or terrorism.
An electronic signature on a Website Services Agreement has the same effect as a handwritten signature. You consent to XitPlan retaining the associated IP address, user-agent string, timestamp, contract version, and contract hash as evidence of acceptance.
Electronic signing is intended to comply with the U.S. E-SIGN Act, PIPEDA, and the Ontario Electronic Commerce Act, 2000.
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules.
The parties will first try to resolve a dispute through good-faith negotiation. If it remains unresolved after 30 days, the parties submit to the exclusive jurisdiction of the courts of Toronto, Ontario and waive a jury trial or class-action proceeding.
XitPlan may update these Terms by posting a revised version and effective date. We will give existing customers at least 30 days' written notice of a material change. Continued use after the effective date constitutes acceptance, subject to applicable law.
A signed Website Services Agreement controls if it conflicts with an updated provision. Changes to the monthly price follow the 30-day notice rule in that agreement.
These Terms, the /privacy-policy, and any signed service agreement form the entire agreement about the services and replace earlier communications and understandings. A signed service agreement controls if it conflicts with these Terms.