Legal — Nitro Axentra
Legal
Effective Date: January 1, 2026 · Last Updated: April 2026
Governing jurisdiction: Province of Ontario, Canada
Terms of Service
What You're Agreeing To
We believe legal documents should be readable. This page sets out the rules of our engagement — plain and simple. By using our website or engaging our services, you agree to these terms.
Plain language first. Before each clause, we include a one-sentence plain-language summary so you always know what you're reading without a law degree.
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.
We run your communications the way you tell us to. If your instructions are incomplete, we can't guarantee the outcome.
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 Nitro Axentra bears no liability for errors, missed leads, or miscommunications resulting from outdated or inaccurate client-provided information.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.
You control your recordings. After you leave, you have 12 months to download them before they're gone.
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.
We set up your AI the way you tell us to. What it does reflects your instructions.
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.
Cancel anytime with 30 days notice. You'll be billed to the end of the cycle that follows — no partial refunds.
09 — Regulated Industries & Healthcare Disclaimer
If your industry is regulated, your compliance obligations are entirely your own.
Full Client Responsibility — No Nitro Axentra Liability.
Clients operating in regulated industries — including but not limited to healthcare, dental, medical aesthetics, physical therapy, chiropractic, and any field governed by HIPAA (USA), the Personal Health Information Protection Act (PHIPA, Ontario), or equivalent legislation — are solely and entirely responsible for ensuring their use of Nitro Axentra's services complies with all applicable laws governing the collection, handling, storage, and transmission of patient or protected health information.
Nitro Axentra does not provide regulatory compliance guidance and makes no representations as to compliance with sector-specific legislation. Nitro Axentra assumes zero liability for any violation, penalty, investigation, or claim arising from a client's failure to meet their own regulatory obligations.
Clients in regulated industries who require a Business Associate Agreement (BAA) must request one in writing prior to onboarding. Nitro Axentra reserves the right to assess BAA requests on a case-by-case basis.
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.
We follow CASL for everything we send on our own behalf. When we send messages on yours, you're responsible for making sure your contacts have consented.
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.
If our CRM provider or phone carrier goes down, that's not on us. We'll keep you informed and work to restore things quickly.
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.