Terms of Service
& Privacy Policy

01 — Acceptance of Terms

Using our services means you agree.

By accessing the Nitro Axentra website, submitting an inquiry, or entering into a service agreement with Nitro Axentra, you agree to be bound by these Terms of Service. If you are acting on behalf of a business, you represent that you have the authority to bind that business to these terms. If you do not agree, please discontinue use of our services immediately.

02 — Description of Services

We handle your customer communications — on your behalf, under your instructions.

Nitro Axentra provides Customer Communication Infrastructure (CCI) services — a combination of human-powered call handling, CRM-connected workflows, and AI Enhanced systems — delivered to small and medium businesses. All services are performed on behalf of the client and in accordance with client-provided instructions. Nitro Axentra does not make independent business decisions on behalf of clients and is not responsible for outcomes arising from incomplete, inaccurate, or conflicting instructions provided by the client.

03 — Client Responsibilities

You're responsible for giving us accurate, up-to-date information.

Clients are responsible for providing accurate business information, current call handling instructions, CRM access credentials, and timely updates when any of these change. Nitro Axentra operates based on the instructions and information provided at the time of service delivery. Nitro Axentra bears no liability for errors, missed leads, or miscommunications resulting from outdated or inaccurate client-provided information.

04 — Call Recording & Client-Controlled Retention

You decide how long your call recordings are kept.

Call recordings and transcripts generated through Nitro Axentra's service are stored securely and are accessible to the client through their account dashboard. Retention is client-controlled — clients may retain recordings for as long as they require during the active service period. Upon contract termination, clients retain access to their recordings for a period of twelve (12) months, after which recordings are permanently deleted from Nitro Axentra's systems unless a written extension is requested prior to expiry.

Clients are solely responsible for notifying their end-customers that calls may be recorded, in accordance with all applicable laws including but not limited to the Electronic Commerce Protection Act and provincial telecommunications regulations. Nitro Axentra records calls at client instruction and assumes no liability for any failure by the client to provide required disclosures to end-customers.

05 — CRM & Integration Access

You grant us permission to read and write to your CRM so we can do our job.

By providing CRM credentials or authorizing integration access, the client grants Nitro Axentra a limited, revocable licence to read and write data within the connected CRM system solely for the purpose of service delivery. This access is used exclusively to log call outcomes, update contact records, and execute client-defined workflows. Nitro Axentra will not access, export, or use CRM data for any purpose outside of the agreed service scope. Clients may revoke integration access at any time; doing so may impact service delivery and is subject to the termination provisions in Section 8.

06 — AI System Configuration

Your AI is configured to your instructions. You're responsible for what those instructions produce.

Nitro Axentra's AI Enhanced systems are configured exclusively based on instructions, scripts, and parameters provided or approved by the client during onboarding and any subsequent updates. Nitro Axentra is not liable for outcomes, errors, or missed opportunities arising from incomplete, inaccurate, or ambiguous client-provided AI instructions. Clients may request updates to AI configuration at any time through their account manager, subject to implementation timelines. Nitro Axentra does not use client data to train AI systems without explicit written consent.

07 — Fees & Billing

You're billed monthly, in advance.

Nitro Axentra services are billed on a monthly subscription basis, invoiced at the start of each billing cycle. All fees are due upon receipt. Overages (where applicable under the client's plan) are calculated and billed at the end of the relevant billing cycle. Nitro Axentra reserves the right to suspend service for non-payment after reasonable notice. All fees are quoted and payable in Canadian dollars unless otherwise agreed in writing.

08 — Cancellation & Termination

30 days notice, running to the end of your next full billing cycle.

Either party may cancel the service agreement by providing thirty (30) days written notice via email to the other party. Notice periods run to the end of the billing cycle following the 30-day notice period. Clients who cancel mid-cycle will be billed through the end of that current cycle, and if the 30-day notice period extends into the following cycle, through the end of that cycle as well. No partial refunds are issued.

Nitro Axentra reserves the right to terminate service immediately and without notice in the event of material breach of these terms, fraudulent activity, or any use of services that exposes Nitro Axentra to legal liability.

09 — Regulated Industries & Healthcare Disclaimer

If your industry is regulated, your compliance obligations are entirely your own.

10 — Canada's Anti-Spam Legislation (CASL)

We're CASL-compliant for our own communications. Your end-customer consent is your responsibility.

Nitro Axentra complies with the Canada's Anti-Spam Legislation (CASL) for all commercial electronic messages we send directly — including onboarding communications, service notices, and marketing. All such messages include clear sender identification and a functional unsubscribe mechanism, and are sent only to recipients who have provided express or implied consent.

When Nitro Axentra sends follow-up emails, SMS messages, or other electronic communications to end-customers on a client's behalf as part of service delivery, the client is solely and entirely responsible for ensuring that their end-customers have provided the legally required consent under CASL prior to those communications being sent. Nitro Axentra acts only on client-provided instructions and bears no liability whatsoever for CASL violations arising from the client's own consent practices, contact lists, or failure to obtain required consents.

11 — Indemnification

If a third party comes after us because of something you did, you cover it.

The client agrees to defend, indemnify, and hold harmless Nitro Axentra and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) the client's use of Nitro Axentra's services; (b) the client's breach of these Terms; (c) the client's failure to comply with applicable laws including CASL, PIPEDA, PHIPA, HIPAA, or any other applicable regulation; (d) any claim by the client's end-customers, employees, or third parties arising from communications handled by Nitro Axentra on the client's behalf; or (e) inaccurate, incomplete, or misleading instructions provided by the client.

12 — Limitation of Liability

Our liability is limited to what you paid us in the last 3 months.

To the maximum extent permitted by applicable law, Nitro Axentra's total liability to the client for any claim arising out of or related to these Terms or the services — whether in contract, tort, or otherwise — shall not exceed the total fees paid by the client to Nitro Axentra in the three (3) months immediately preceding the event giving rise to the claim.

Nitro Axentra is not liable for: missed calls or leads; CRM synchronization errors; third-party platform outages or failures; outcomes resulting from incomplete or inaccurate client instructions; or any indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages.

13 — Force Majeure

We're not on the hook for things outside our control.

Nitro Axentra shall not be liable for any failure or delay in service delivery caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, telecommunications or infrastructure outages, third-party platform failures (including CRM providers, telephony carriers, or cloud infrastructure providers), government actions, labour disputes, pandemics, or cyberattacks. In the event of a force majeure event, Nitro Axentra will notify affected clients as promptly as reasonably possible and will work in good faith to restore service. Force majeure events do not entitle clients to refunds for affected service periods.

14 — Intellectual Property

Your data is yours. Our systems and workflows are ours.

The client retains full ownership of all data, content, and materials provided to Nitro Axentra in connection with service delivery, including CRM data, call recordings, and end-customer information. Nitro Axentra retains full ownership of its systems, platforms, workflows, AI configurations, operational processes, and all proprietary technology. Nothing in these Terms transfers any intellectual property rights from either party to the other.

15 — Changes to These Terms

We'll tell you before we change anything material. Continued use means you agree.

Nitro Axentra reserves the right to update or modify these Terms at any time. For material changes, clients will be notified via email (primary) and/or a notification within their CRM dashboard (secondary), no less than 30 days prior to the changes taking effect. Continued use of Nitro Axentra's services following the effective date of changes constitutes acceptance of the revised Terms. Non-material changes (such as formatting or clarifications that do not affect client rights) may be made at any time without advance notice.

16 — Dispute Resolution

Disputes go to arbitration in Toronto. You have one year to bring a claim.

Any dispute, claim, or controversy arising out of or relating to these Terms or the services — including questions of formation, validity, interpretation, or breach — shall be resolved exclusively through binding arbitration administered in the Province of Ontario, Canada, under the rules of the ADR Institute of Canada. The arbitration shall be conducted by a single arbitrator agreed upon by both parties; if no agreement is reached within 14 days of a dispute being raised, the arbitrator shall be appointed by the ADR Institute. Proceedings shall be conducted in English, in Toronto, Ontario.

The arbitrator's decision shall be final and binding on both parties. Each party shall bear its own legal costs, unless the arbitrator determines that a claim was brought in bad faith or without reasonable basis, in which case the prevailing party may be awarded reasonable legal costs at the arbitrator's discretion. Any claim must be brought within one (1) year of the date the cause of action arose; claims not brought within this period are permanently barred.

Nothing in this clause prevents Nitro Axentra from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its intellectual property, confidential information, or other proprietary rights.

17 — Governing Law

Ontario law applies.

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. To the extent any matter proceeds to court rather than arbitration, the parties submit to the exclusive jurisdiction of the courts of the Province of Ontario.

PP-01 — Two Roles We Play

We handle two types of data in two very different ways.

Nitro Axentra acts in two distinct capacities depending on the data involved:

Data Controller — for data collected directly by Nitro Axentra through our own website, marketing, and account management activities (e.g., contact form submissions, billing information, and communications with prospective or current clients).

Data Processor — for data that belongs to our clients and is handled by Nitro Axentra solely in the course of delivering services. This includes end-customer names, phone numbers, call recordings, and CRM-logged data. When acting as a processor, we handle that data only as our clients instruct us to — we never use it for our own purposes.

PP-02 — What We Collect from Website Visitors

We collect basic information when you contact us or browse our site.

When you visit the Nitro Axentra website, we may collect: your name, email address, business name, industry, and message content (when submitted through our contact form); and technical data such as IP address, browser type, pages visited, time on site, and referring source (collected automatically via analytics tools).

Information submitted through our contact form may be used by Nitro Axentra and its authorized personnel, sales partners, and service delivery team for the purpose of responding to inquiries, following up on service interest, and for internal business development purposes. Contact form data is retained for a period of two (2) years from the date of submission, after which it is deleted.

PP-03 — What We Collect from Clients

We collect what's needed to run your account and deliver your service.

For clients engaged in a service agreement, we collect: business name and primary contact information; billing details (processed via a third-party payment provider — Nitro Axentra does not store payment card data); CRM access credentials and integration authorization tokens; call handling instructions, scripts, and operational preferences; and service usage data and account activity logs.

PP-04 — End-Customer Data Handled on Your Behalf

Your customers' data belongs to you. We only touch it as you instruct.

In the course of delivering services, Nitro Axentra handles data about our clients' end-customers — including names, phone numbers, call recordings, call transcripts, and CRM-logged interaction data. This data is collected and processed solely on behalf of the client and in accordance with client-provided instructions. Nitro Axentra does not use end-customer data for any purpose outside of service delivery and will not share, sell, or transfer such data to any third party except as required to perform the service (e.g., cloud infrastructure providers bound by confidentiality obligations) or as required by law.

PP-05 — Call Recordings & Transcripts

Recordings are stored securely and accessible from your dashboard.

Call recordings and transcripts are stored using encrypted, access-controlled infrastructure. Clients can access recordings and transcripts through their Nitro Axentra account dashboard at any time during the service period. Retention is client-controlled as described in Section 04 of the Terms of Service. Nitro Axentra does not listen to, access, or use call recordings for any purpose other than quality assurance, technical troubleshooting, and service delivery — and only when authorized by the client or required by law.

PP-06 — AI & Data Use

Your data is never used to train AI without your explicit written consent.

Nitro Axentra's AI Enhanced systems are configured based on client-provided instructions and approved scripts. Client data — including call recordings, transcripts, end-customer information, and CRM data — is never used to train AI models without the client's explicit written consent. AI performance monitoring (e.g., call quality review for system improvement) is conducted on anonymized or aggregated data only, and only within the scope of improving the client's own service configuration.

PP-07 — Cookies & Website Tracking

We use cookies to understand how our site is used. You can opt out.

Our website uses cookies and similar tracking technologies. This includes session cookies (deleted when you close your browser) and persistent cookies (retained for a set period) used to support site functionality and analytics. We use analytics tools including Google Analytics to collect aggregated, anonymized usage data — including pages visited, time on site, and referring source. We do not use tracking cookies for advertising or retargeting purposes.

You may disable cookies through your browser settings at any time; doing so may affect certain site functionality. By continuing to use this site, you consent to our use of cookies as described here. A cookie preference control is available on first visit to our site.

PP-08 — Third-Party Sharing

We share data only with service providers who help us deliver what we've promised — never for advertising.

Nitro Axentra does not sell, rent, or trade personal data. We share data only with trusted third-party service providers engaged to support our operations, including: cloud hosting and infrastructure providers; CRM platforms integrated at client request; telephony and call routing providers; payment processing providers; and analytics platforms. All third-party providers are bound by confidentiality obligations and are prohibited from using client or end-customer data for any purpose other than providing services to Nitro Axentra.

PP-09 — Data Retention

We keep data as long as it's needed, then delete it.

Client account data is retained for the duration of the service engagement and for 60 days post-termination, after which it is permanently deleted unless a written extension is requested. Call recordings and transcripts are retained as described in Terms Section 04 (client-controlled, with a 12-month post-termination window). Website visitor and contact form data is retained for two (2) years. Analytics data is subject to the retention policies of the applicable analytics provider (currently Google Analytics, with a default retention of 26 months).

PP-10 — Your Rights

You have the right to access, correct, and delete your data.

Depending on your location, you may have the following rights over personal data held by Nitro Axentra:

Under PIPEDA (Canada): Right to access personal information held about you and to request corrections.

Under GDPR (EU/UK contacts): Right to access, rectification, erasure, restriction of processing, data portability, and the right to object to processing.

Under CCPA (California residents): Right to know, right to delete, and right to opt out of sale (note: Nitro Axentra does not sell personal data).

To exercise any of these rights, contact us at [email protected] with the subject line "Privacy Request". We will verify your identity and respond within 30 days. We reserve the right to deny requests where fulfillment would compromise the security of other individuals or conflict with legal obligations.

PP-11 — Data Security

We take security seriously.

Nitro Axentra employs commercially reasonable technical and organizational measures to protect personal data from unauthorized access, loss, or misuse. These include encrypted data storage, access-controlled infrastructure, role-based internal access controls, and regular security assessments. While we take significant precautions, no system is entirely immune to risk. In the event of a data breach affecting personal information, Nitro Axentra will notify affected clients as required by applicable law and within commercially reasonable timeframes.

PP-12 — Privacy Requests & Contact

Questions about your data? Reach us directly.

For any questions, concerns, or requests related to this Privacy Policy or the handling of your personal data, contact us at:

Email: [email protected]
Subject line: Privacy Request
Address: One Dundas West, Toronto, ON
Response time: We aim to respond to all privacy requests within 30 days.

Note: This page does not constitute legal advice. Nitro Axentra recommends that clients operating in regulated industries consult a qualified legal professional to assess their specific compliance obligations.