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Terms of Service — Proposed Amendments Draft

A review copy of targeted proposed pricing and artificial-intelligence amendments to the existing platform Terms of Service.

Status: Draft — not yet in effect

Proposed contractual copy for legal review. This draft is not in effect and does not replace the published Terms of Service.

Draft version: pricing-and-ai-amendments-draft-v3

These terms apply to business customers. For website terms, see Terms of Use

1) Account & scope

1.1 Account creation. You must provide accurate business details and maintain the security of your credentials.

1.2 Authorized Users and Billable Seats. You decide who may access your Account and are responsible for their use of NeonO. An authorized User is not necessarily a Billable Seat. A Billable Seat is an active team member configured to provide bookable services. Administrative-only Users do not become Billable Seats solely because they have access to the platform. An owner or manager who also provides bookable services may count as a Billable Seat.

1.3 Eligibility. Customer must be legally able to enter into contracts and operate in Canada (or your jurisdiction, if different).

2) Subscription, seats & pricing

2.1 Plans. Pricing is as published in your NeonO checkout/order form and on our pricing page. Taxes extra.

2.2 Standard monthly seat pricing. For Accounts subject to NeonO's standard eight-seat monthly pricing policy, the base subscription rate is C$24.99 per Billable Seat per month. Only the first eight Billable Seats attract a seat subscription charge. The ninth Billable Seat and every additional Billable Seat are included at no additional seat subscription charge. The recurring monthly base seat subscription for each Account on this policy is capped at C$199.92.

2.3 Scope of the subscription cap. The cap applies to recurring base seat subscription fees only. It does not include applicable taxes, payment-processing charges, or other separate charges expressly disclosed to and agreed by the Customer. This provision does not convert features advertised as included in the plan into paid add-ons.

2.4 Existing pricing arrangements. Accounts entitled to documented grandfathered or separately agreed pricing retain the pricing rights applicable to those Accounts. Publication of the standard eight-seat pricing policy does not, by itself, reprice those Accounts or remove their existing pricing protections.

2.5 Annual option. Annual plans receive 1 month free (billed annually).

2.6 Overages and included features. SMS, email, and other metered services may incur additional fees where expressly disclosed in your plan details. This clause does not convert features advertised as included in the plan into paid add-ons.

2.7 Seat changes and proration. Seat changes remain subject to the billing-cycle and proration terms applicable to the Account. Under the standard eight-seat monthly pricing policy, adding Billable Seats above eight does not increase the recurring base seat subscription. This clause does not create an immediate refund or change the existing cancellation or refund policy.

2.8 Payment-processing rates. Unless a different rate is set out in your Order or another written agreement with NeonO, the standard card-present processing rate is 2.39% plus C$0.30 per transaction and the online processing rate is 2.99% plus C$0.30 per transaction. A discounted card-present rate of 2.19% plus C$0.30 per transaction is available only to Accounts that process at least C$1.5 million annually and satisfy NeonO's eligibility verification. Payment-processing charges are billed separately from subscription fees. All rates are in Canadian dollars and may be subject to applicable taxes.

2.9 Payment. By card or other approved method. Late amounts may accrue interest (1.5% per month, 19.56% per year) or the maximum allowed by law.

3) Term & termination

3.1 Term. Month-to-month or annual, as selected.

3.2 Cancellation. You may cancel at any time; cancellation takes effect at end of the current paid term. No refunds except where required by law.

3.3 Suspension/termination. We may suspend or terminate for non-payment, violation of these Terms, or risk to the Services.

3.4 Data export. Upon termination, you may export your data for 30 days (self-service tools or support). After that, we may delete or archive according to our retention policies and law.

4) Acceptable use

You and your Users will not:

  • Use the Services for unlawful purposes
  • Infringe IP or privacy rights
  • Upload harmful code
  • Send messages in violation of CASL
  • Misrepresent services to consumers
  • Attempt to bypass security or RLS (row-level security)

5) Merchant-consumer relationship

5.1 You are the merchant of record. Bookings, services, prices, policies, and customer service are your responsibility.

5.2 Consumer law. You must comply with applicable consumer protection laws (including Ontario's Consumer Protection Act, 2002), advertising rules, gift card rules, and receipts/refunds where applicable.

5.3 Disputes. Disputes between you and your clients are your responsibility unless caused by NeonO's breach of these Terms.

6) Data & privacy

6.1 Your data. You retain ownership of Customer Data (business, staff, client, and appointment records). You grant NeonO a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Data solely to provide and improve the Services.

6.2 Personal information. We process personal information under our Privacy Policy and in compliance with PIPEDA and applicable provincial rules.

6.3 Security. NeonO implements administrative, technical, and physical safeguards appropriate to the risk (including RLS, encryption in transit, access controls).

6.4 Subprocessors & cross-border transfers. We may use vetted subprocessors (including outside Canada) with appropriate contractual and technical protections.

7) Confidentiality

Each party will protect the other's Confidential Information and use it only for performance of these Terms.

8) Intellectual property

The Services and related IP are owned by NeonO and licensors. Suggestions/feedback may be used by NeonO without obligation.

9) Service changes & availability

We may modify features, provide updates, or discontinue components while maintaining overall functionality. We aim for high availability but do not guarantee uninterrupted service. Planned maintenance will be communicated when practicable.

10) Disclaimers and Artificial Intelligence Features

10.1 General disclaimer. Except as expressly stated, the Services are provided "as is" without warranties of any kind. NeonO disclaims all implied warranties to the fullest extent permitted by law.

10.2 AI Features and AI Output. NeonO may make available features that use artificial intelligence, including conversational or voice assistants such as Lana, AI-generated summaries, recommendations, content, analysis, and AI-assisted workflows ("AI Features"). Their availability and capabilities depend on the features enabled for your Account. Information or content generated, inferred, rewritten, or summarized by AI Features is referred to as "AI Output." Original business records do not become AI Output merely because they are accessed through an AI Feature.

10.3 Accuracy and Limitations. Artificial intelligence is not infallible. AI Features may misunderstand instructions or context, omit relevant information, and generate inaccurate, incomplete, outdated, misleading, biased, or fabricated information. This can include invented facts, references, explanations, calculations, or other details, sometimes referred to as "hallucinations." AI Output may appear confident, detailed, or authoritative even when it is incorrect. A reference to a source, product document, or business record does not, by itself, establish that the AI Output accurately represents that source or is suitable for your intended use.

10.4 Review and Verification. You are responsible for applying appropriate human judgment and review when using AI Output. Before relying on AI Output, publishing it, communicating it to others, or using it to make a material decision, you must take reasonable steps to verify its accuracy, completeness, and suitability for the intended purpose. Depending on the use, this may require checking appointment details, client information, prices, staff availability, inventory records, financial information, product information, or other relevant facts against the underlying records and appropriate authoritative sources. AI-generated summaries and explanations should not be treated as a substitute for reviewing the relevant records where accuracy is important. If an inconsistency cannot be resolved, do not rely on the disputed output until it has been checked.

10.5 Instructions, Voice Input, and Automated Actions. AI Features may misinterpret spoken or written instructions, including names, dates, times, quantities, and the intended scope of a request. Where a feature presents a proposed action or confirmation for review, you are responsible for checking the relevant details before approving it. Where an available feature supports ongoing automation that you authorize, you are responsible for reviewing its configuration, the scope of the authorization, and its results at intervals appropriate to the risks involved. This section does not authorize actions beyond the permissions or scope you have granted, or waive any confirmation or other safeguard required by the applicable workflow. An AI-generated statement that an action has been completed is not, by itself, proof of successful execution. Where completion is uncertain, check the relevant booking, transaction, message, or other operational record and seek support before repeating an action that could create a duplicate. This provision does not invalidate an actual confirmed booking, completed transaction, or other binding commitment, or excuse NeonO from its obligations under these Terms.

10.6 Professional Judgment and Product Safety. AI Features assist users and do not replace qualified professional judgment. AI Output is not a substitute for legal, medical, tax, accounting, or other regulated professional advice. Where AI Output concerns products, ingredients, colour services, formulations, mixing ratios, developers, processing times, allergies, contraindications, or treatment suitability, verify the information against current manufacturer instructions, applicable safety information, and the assessment of an appropriately qualified professional before use. Do not use AI Output to disregard manufacturer warnings, required testing, professional standards, or an individual client's relevant circumstances.

10.7 Generated Content and Communications. Before publishing or sending AI-generated content, you are responsible for reviewing it for accuracy, appropriateness, necessary permissions, and compliance with applicable law and these Terms. This includes checking descriptions of services and products, prices, promotional conditions, dates, claims, recipient details, and any personal or confidential information included in the content. Where you authorize automated communications without individual pre-send review, you are responsible for reviewing the approved templates, instructions, audiences, and operating rules and for appropriately monitoring their use. AI generation does not itself establish that content is original, free of third-party rights, or appropriate for every audience. Existing privacy, acceptable-use, and communications requirements continue to apply.

10.8 No Guarantee of Accuracy or Results. Except as expressly provided in these Terms or a separate written agreement, and to the fullest extent permitted by applicable law, NeonO does not warrant that AI Output will always be accurate, complete, current, reliable, or suitable for a particular purpose. AI-generated recommendations, estimates, predictions, and forecasts do not guarantee any particular business, financial, operational, or service outcome. Claims relating to AI Features remain subject to the applicable provisions of these Terms, including section 11, only to the extent those provisions are enforceable under applicable law. Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited, or overrides an express obligation NeonO has undertaken in these Terms.

10.9 Privacy and Existing Rights. This section does not expand NeonO's rights to collect, use, retain, disclose, or train AI models on Customer Data or personal information. The applicable provisions of these Terms, the Privacy Policy, and any applicable data processing agreement continue to govern that processing. The AI limitations described here do not remove NeonO's applicable privacy, confidentiality, security, or other legal obligations.

11) Limitation of liability

To the fullest extent permitted by law, NeonO's total aggregate liability arising out of or relating to the Services will not exceed the fees paid by you to NeonO in the 12 months preceding the event giving rise to liability. NeonO is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages or loss of profits/revenue.

12) Indemnity

You will defend and indemnify NeonO against third-party claims arising from (a) your breach of these Terms or law; (b) your offerings to clients; or (c) Customer Data (except to the extent caused by NeonO's breach).

13) Consumer (end-user) terms

If consumers interact with NeonO tools (e.g., booking pages), they do so to transact with you. NeonO is a platform provider. Consumers' personal information is processed under our Privacy Policy and your salon's policies.

14) Communications & CASL

By using messaging features, you represent that you have proper CASL consent (express or implied) from recipients and that you will honour unsubscribe/opt-out requirements. You are the sender of record; NeonO is a service provider.

15) Governing law; disputes

Ontario law and the federal laws of Canada govern these Terms. The courts of Toronto, Ontario have exclusive jurisdiction. Each party may seek injunctive or equitable relief in any competent court.

16) Changes

We may update these Terms. Material changes will be notified in-app or by email. Continued use after the effective date constitutes acceptance.

17) General

Assignment (with notice, not unreasonably withheld), force majeure, severability, entire agreement (including Order/Plan, Privacy Policy, and any DPA), and no waiver.

Contact: legal@neono.io

neono inc., 315 New Huntington Rd, Vaughan, ON L4H 0R5, Canada. General legal questions: legal@neono.io.