Terms of Service
1. Acceptance of Terms
By accessing xuppah.com, registering for an account, or using any feature of the Anti-Grind OS™ platform, you (“Client,” “you,” or “your”) agree to be legally bound by these Terms of Service (“Terms”). If you do not agree to these Terms in their entirety, you must not use our services.
These Terms constitute a legally binding agreement between you and XUPPAH (“we,” “us,” or “our”), operating as Anti-Grind OS™, incorporated and operating in the Province of Ontario, Canada.
2. About Our Services
XUPPAH provides AI-powered business automation tools designed for Ontario real estate professionals under the Anti-Grind OS™ brand. Our platform includes, without limitation:
- Nicole — AI receptionist for automated lead response, qualification, and appointment booking
- CRM pipeline management and contact organization tools
- Automated follow-up email and SMS sequences
- AI Impact Assessments, ROI Calculators, and prospect conversion tools
- The demo.xuppah.com interactive AI experience
- Voice AI, conversation automation, and reputation management features
- All other features described at xuppah.com, as may be updated from time to time
We reserve the right to modify, add, or discontinue any feature or aspect of our services at any time, with reasonable advance notice to active subscribers where practicable.
3. Eligibility and Account Registration
To register for and use our services, you must:
- Be at least 18 years of age
- Be a licensed real estate professional, brokerage, or an authorized representative of a real estate business operating in Canada
- Have the legal authority to enter into binding contracts
By registering, you represent and warrant that all information you provide is accurate, complete, and current. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account.
4. Subscription Plans and Payment
a) Subscription Plans
XUPPAH offers tiered subscription plans with features as described on xuppah.com. Plan features and pricing are subject to change. Active subscribers will receive at least 30 days’ advance written notice of any price or plan changes.
b) Billing and Payment
Subscriptions are billed on a recurring basis (monthly or annually, as selected) in Canadian dollars (CAD) unless otherwise stated at checkout. All payments are processed securely through our third-party payment processor. By providing payment information, you authorize us to charge the applicable subscription fees on each billing date.
c) Free Trials and Guarantees
Where a risk-free trial or satisfaction guarantee is offered on an eligible plan, the specific terms, duration, and conditions of that offer will be disclosed at the time of sign-up. Promotional offers are subject to change and may not be combined with other offers.
d) Refund Policy
Subscription fees are non-refundable except as expressly stated in an applicable trial or guarantee offer, or as required by applicable Ontario consumer protection law. No partial refunds are issued for unused time within a billing period following cancellation.
e) Cancellation
You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Cancellation takes effect at the end of your current billing period, after which you will lose access to the platform.
f) Late Payment and Suspension
We reserve the right to suspend or restrict access to your account for overdue balances. We will provide reasonable notice before taking such action. Accounts suspended for non-payment may be subject to a reactivation process.
5. Acceptable Use
You agree to use the XUPPAH platform only for lawful purposes and in accordance with these Terms. You must not:
- Use our platform for any purpose that violates applicable federal, provincial, or local law or regulation
- Misrepresent your identity, credentials, or professional license status
- Use our AI tools to generate, send, or facilitate spam, harassment, deceptive content, or unsolicited commercial messages in violation of CASL
- Attempt to gain unauthorized access to our systems, servers, or any other user’s account
- Reverse engineer, decompile, disassemble, or otherwise attempt to extract source code from any part of our platform
- Resell, sublicense, or otherwise commercially exploit our services or platform access without prior written authorization from XUPPAH
- Upload or transmit content that is unlawful, defamatory, harassing, fraudulent, or that infringes the intellectual property rights of any third party
- Use our platform in any manner that could damage, disable, or impair the platform or interfere with other users’ access
Violation of this Acceptable Use policy may result in immediate suspension or termination of your account without refund.
6. AI Services — Disclaimer and Client Responsibilities
Our platform includes AI-powered features designed to enhance your business operations. By using these features, you acknowledge and agree that:
- AI-generated responses, messages, and outputs may not always be perfectly accurate and should be reviewed by you before acting upon them in any material way
- AI tools are not a substitute for professional real estate, legal, financial, compliance, or brokerage advice
- You are solely responsible for all communications sent through our platform on your behalf, including any messages generated or assisted by AI
- Call recordings, transcriptions, and AI interaction logs may be stored in accordance with our Privacy Policy
- You are responsible for ensuring that your use of our AI-powered calling and messaging features complies with all applicable telecommunications, consent, and recording laws in the jurisdictions where your clients are located
7. Intellectual Property
a) XUPPAH Intellectual Property
All software, platform code, user interface designs, content, branding, methodologies, scripts, and materials made available through our platform are the property of XUPPAH or our licensors and are protected by applicable intellectual property laws. This includes, without limitation, the trademarks and proprietary concepts:
- XUPPAH and Anti-Grind OS™ (brand and platform names)
- Nicole (AI receptionist character and identity)
- “300-Second Kill Zone” and “Show Up Before They Show Up” (proprietary marketing frameworks)
- All email templates, script banks, automation sequences, and training materials provided through our platform
You are granted a limited, non-exclusive, non-transferable, revocable license to use these materials solely for your own internal business purposes as a XUPPAH subscriber. This license does not permit resale, redistribution, modification, or commercial exploitation of our materials.
b) Your Content
You retain full ownership of any content, data, or materials you upload to or create within our platform. By submitting your content, you grant XUPPAH a limited, non-exclusive, worldwide license to use, store, and process your content solely as necessary to provide and improve our services to you. We will not use your content for marketing or third-party purposes without your consent.
8. Confidentiality
Through your use of our platform, you may gain access to proprietary business methods, automation frameworks, scripts, hooks, templates, and strategic materials developed by XUPPAH. You agree to treat such materials as confidential and not to share, publish, reproduce, resell, or commercially exploit them outside of your own licensed business use. This obligation survives the termination of your subscription.
9. Disclaimer of Warranties
Our services are provided “as is” and “as available,” without warranties of any kind, express or implied, to the maximum extent permitted by applicable law. We do not warrant that:
- Our platform will be error-free, uninterrupted, or secure at all times
- Any specific business results, lead volumes, conversion rates, or revenue outcomes will be achieved through use of our AI tools
- AI-generated content will be accurate, complete, or appropriate for every situation
Nothing in these Terms is intended to exclude warranties that cannot be excluded under the Ontario Consumer Protection Act, 2002 or other mandatory consumer protection legislation.
10. Limitation of Liability
To the maximum extent permitted by applicable Ontario law:
- XUPPAH shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of (or inability to use) our platform or services
- Our total cumulative liability to you for any claim arising under or related to these Terms shall not exceed the total subscription fees you paid to XUPPAH in the three (3) calendar months immediately preceding the event giving rise to the claim
- We are not responsible for any losses arising from your reliance on AI-generated content, automated messages, or third-party service disruptions
Nothing in these Terms limits any liability that cannot be excluded or restricted under applicable law, including liability for fraud, gross negligence, or wilful misconduct.
11. Indemnification
You agree to indemnify, defend, and hold harmless XUPPAH and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, losses, damages, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of our services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third party’s rights.
12. Term and Termination
These Terms remain in full force and effect for the duration of your subscription and any ongoing use of our services.
Termination by you: You may cancel your subscription and terminate these Terms at any time in accordance with Section 4(e).
Termination by XUPPAH: We may suspend or terminate your access immediately and without notice if you materially breach these Terms, engage in fraudulent or illegal activity, or if we are required to do so by law. In non-emergency cases involving remediable breaches, we will endeavour to provide reasonable notice and an opportunity to cure.
Upon termination, your right to access and use our platform ceases immediately. The following sections survive termination of these Terms: Sections 7 (Intellectual Property), 8 (Confidentiality), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law).
13. Governing Law and Dispute Resolution
These Terms of Service are governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction in the Province of Ontario, Canada. You irrevocably consent to such jurisdiction and venue.
We encourage you to contact us first at [email protected] to attempt to resolve any dispute informally before initiating any formal legal proceedings. We will make reasonable good-faith efforts to reach an amicable resolution.
14. Changes to These Terms
We reserve the right to modify these Terms at any time. For non-material changes, we will post the updated Terms on this page with a revised effective date. For material changes, we will provide active subscribers with at least 14 days’ advance notice by email before the changes take effect. Your continued use of our services after the notice period constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of our services before the effective date of the changes.
15. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and any additional service agreements or order forms, constitute the entire agreement between you and XUPPAH with respect to your use of our services and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely, including in connection with a merger, acquisition, or sale of assets.
Language: The parties confirm that it is their wish that this agreement and all related documents be drawn up in the English language. Les parties reconnaissent avoir demandé que la présente convention et tous les documents s’y rattachant soient rédigés en langue anglaise.
16. Contact Us
For questions, concerns, or legal notices related to these Terms of Service, please contact us at:
1025 King Street East, Unit 107
Cambridge, ON N3H 3P5, Canada
Email: [email protected]
Phone: +1 (226) 455-4535