Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Subscriber,” “you,” or “your”) and xTrackly Inc. (“xTrackly,” “we,” “us,” or “our”) governing your use of the xTrackly analytics platform, including the web application, API, and all related services (collectively, the “Service”).

By creating an account, you confirm that you are at least 18 years old, have the authority to bind the business entity you represent, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

xTrackly is a cloud-based analytics platform designed for restaurants and food-service businesses. The Service:

• Connects to your existing point-of-sale (POS) systems (Stripe, Square, Toast, Clover) via authorized read-only API access
• Imports and stores your transaction data, order details, and associated customer information
• Generates analytics dashboards, charts, performance metrics, and trend reports
• Provides AI-powered business summaries, suggestions, and a conversational Q&A feature (plan-dependent)
• Offers staff support tools for account management and troubleshooting

3. Account Registration & Security

3.1 Account Creation

You must provide accurate and complete information when creating your account. You are responsible for maintaining the accuracy of your account information. One account per business entity; creating multiple accounts for the same business to circumvent usage limits or billing is prohibited.

3.2 Account Security

You are responsible for safeguarding your account credentials. You must notify us immediately at support@xtrackly.com if you suspect unauthorized access. We are not liable for losses arising from unauthorized use of your account where you have failed to maintain credential security.

3.3 Password Requirements

Passwords must be at least 8 characters and include an uppercase letter, a lowercase letter, and a digit. Passwords are hashed before storage; xTrackly staff cannot retrieve your password.

4. Subscription Plans & Billing

4.1 Plans

xTrackly offers two subscription tiers (Basic and Pro) with three billing terms each (Monthly, Quarterly, Annual). Plan features and pricing are displayed during signup and on the billing page. All prices are in Canadian Dollars (CAD).

4.2 Payment Processing

All payments are processed by Stripe. By subscribing, you also agree to Stripe’s Terms of Service. We never receive or store your payment card details.

4.3 Billing Cycle & Renewal

Subscriptions renew automatically at the end of each billing period. You will be charged the then-current rate for your plan unless you cancel before the renewal date.

4.4 Cancellation

You may cancel your subscription at any time through the billing portal. Cancellation takes effect at the end of the current billing period — you retain access until then. We do not provide prorated refunds for partial billing periods.

4.5 Failed Payments & Grace Period

If a payment fails, your subscription enters a “past due” state. You will have a grace period (currently 7 days) to update your payment method before access is suspended. During the grace period, full access to the Service continues.

4.6 Discount Codes

Discount codes are issued at xTrackly’s sole discretion. Codes may provide percentage discounts, free access, or extended trials. Codes have individual terms (expiration dates, redemption limits, plan restrictions) communicated at the time of issuance.

5. POS Integration & Data

5.1 Authorization

By connecting a POS system, you authorize xTrackly to access your POS account via OAuth and import your transaction data. We request only read-only access to: transactions, orders, payments, merchant profiles, and inventory (scope varies by provider).

5.2 Data Accuracy

xTrackly displays analytics derived from data your POS system provides. We do not independently verify the accuracy or completeness of POS data. Discrepancies between xTrackly reports and your POS system should be reported to us, but we are not liable for inaccuracies originating from your POS provider.

5.3 Your Obligations Regarding End-Customer Data

Your POS data may contain personal information about your End Customers (patrons). You represent and warrant that:

• You have the legal authority to share End-Customer data with xTrackly for analytics purposes
• You comply with all applicable privacy laws (including PIPEDA and provincial equivalents) in your collection and handling of End-Customer data
• You will inform your End Customers, through your own privacy policy or notice, that their transaction data may be processed by third-party analytics services

5.4 Token Security

OAuth tokens granting access to your POS accounts are encrypted at rest using AES-128-CBC symmetric encryption. You may revoke xTrackly’s access at any time by disconnecting the integration within xTrackly or revoking the OAuth grant directly with your POS provider.

6. AI Features

xTrackly integrates third-party AI services (currently Anthropic Claude) to provide business summaries, suggestions, and conversational analytics. By using AI features, you acknowledge:

• Aggregate business data (not individual End-Customer PII) is sent to Anthropic for processing (see our Privacy Policy for details)
• AI-generated content is provided for informational purposes only and should not be treated as financial, legal, or professional advice
• AI outputs may occasionally be inaccurate or incomplete — always verify important conclusions against your own records
• A rate limit applies to AI-generated content refreshes to manage costs; this is enforced server-side and cannot be bypassed

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to other users’ accounts or data
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use automated tools (bots, scrapers) to access the Service beyond its intended API
• Interfere with or disrupt the Service’s infrastructure
• Upload malicious content through bug reports or any other input
• Share your account credentials or allow third parties to access your account
• Use the Service to build a competing product

Violation of these terms may result in immediate account suspension or termination without refund.

8. Intellectual Property

The xTrackly platform, including its code, design, branding, documentation, and AI prompt engineering, is the intellectual property of xTrackly Inc. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your internal business analytics purposes.

Your data remains your property. We claim no ownership over your POS data, business information, or End-Customer data. You grant us a limited license to process your data solely for the purpose of providing the Service.

9. Service Availability & Modifications

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any feature of the Service with reasonable notice.

For significant changes that reduce functionality you are paying for, we will provide at least 30 days’ notice and, where appropriate, a prorated refund or credit.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• xTrackly is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory
• We do not warrant that analytics, AI insights, or reports will be accurate, complete, or suitable for any particular business decision
• Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid to xTrackly in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption

Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for fraud or gross negligence.

11. Indemnification

You agree to indemnify and hold harmless xTrackly, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service in violation of these Terms
• Your failure to comply with applicable privacy laws regarding End-Customer data
• Any claim by a third party (including your End Customers) related to data you provided to xTrackly

12. Termination

12.1 By You

You may terminate your account at any time by cancelling your subscription and requesting account deletion. Active subscription periods are not refunded upon early termination.

12.2 By xTrackly

We may suspend or terminate your account immediately and without refund if you violate these Terms, engage in fraudulent activity, or if continued service would expose xTrackly to legal liability. For other reasons, we will provide 30 days’ notice and a prorated refund for any prepaid, unused subscription period.

12.3 Effect of Termination

Upon termination, your right to access the Service ceases immediately. Your data will be retained for 90 days (to allow reactivation), after which you may request deletion. Sections 8, 10, 11, 13, and 14 survive termination.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered under the rules of the ADR Institute of Canada, conducted in Toronto, Ontario, in English. You waive any right to participate in a class action.

Notwithstanding the above, either party may seek injunctive relief in a court of competent jurisdiction for intellectual property violations or data breaches.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice in the dashboard at least 30 days before taking effect. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree with updated Terms, you must cancel your subscription before they take effect.

15. Contact

For questions about these Terms: