These Terms of Service govern your use of Ashken AI's services and website. By signing a Service Agreement or using any Ashken AI service, you agree to these terms. If you have questions, contact us at before proceeding.
What's New in Version 2.0 (April 2026)
Ashken AI is an AI customer experience company based in Montreal, Quebec, Canada. Ashken AI provides done-for-you AI solutions for businesses, including the design, build, deployment, hosting, and ongoing management of AI-powered chat systems on client websites and communication channels.
These Terms of Service apply to all clients who engage Ashken AI for any service, and to all users who visit or interact with the Ashken AI website.
Ashken AI builds and manages custom AI systems trained on client-provided data. Services are delivered under the terms of a signed Service Agreement. The specific features, pricing, and deliverables applicable to each client are defined in their individual Service Agreement, which forms part of the overall agreement between the client and Ashken AI.
Ashken AI targets a service uptime of 99% or greater, measured on a monthly basis. Scheduled maintenance windows will be communicated to clients in advance wherever possible. Ashken AI is not liable for downtime caused by third-party infrastructure providers, internet outages, or circumstances beyond its reasonable control.
Ashken AI reserves the right to update, improve, or modify its services at any time. Where a change materially affects a client's service, Ashken AI will provide at least fourteen (14) days written notice before the change takes effect. Pricing changes do not affect existing clients during the term of their active Service Agreement.
Ashken AI may offer additional products and features beyond the core chatbot service, including but not limited to: third-party CRM integrations, e-commerce integrations, AI analytics dashboards, workflow automations, and reputation management tools. Add-on products are governed by the same terms herein unless a separate addendum is agreed upon in writing. Each add-on product has its own billing cycle and may be activated or deactivated independently. Termination of an add-on does not constitute termination of the core service unless explicitly stated. See Section 10.2 for add-on termination terms.
Clients are responsible for providing accurate, complete, and up-to-date business information, branding materials, and documents at onboarding and throughout the service relationship. Ashken AI is not responsible for chatbot inaccuracies resulting from outdated or incomplete client-provided content.
Clients agree to share all documents, FAQs, policies, product information, and other materials they wish the AI to reference. These materials must be provided in good faith and must not include content that is illegal, misleading, defamatory, or in violation of any third-party rights.
The Ashken AI service may only be used for lawful business purposes. Clients must not use the service to:
Clients are responsible for how their end users interact with the AI system deployed on their website or channels. Clients must ensure their own privacy policies and terms of service adequately disclose the use of AI-powered chat functionality to their customers.
Where a client requests integration with a third-party platform (including but not limited to HubSpot, Shopify, booking platforms, or CRM systems), the client is responsible for ensuring they hold the necessary rights and permissions to connect those platforms to Ashken AI's services. Data transferred to third-party platforms at the client's direction becomes subject to that platform's own terms of service and privacy policy. Ashken AI is not responsible for how third-party platforms handle, store, or process data once it has been transmitted at the client's instruction. Clients must independently comply with the terms of any third-party platform integrated with Ashken AI's service. Ashken AI does not accept liability for third-party platform outages, policy changes, or data handling practices.
Ashken AI's services are priced as a two-part model: a one-time setup fee for the initial build and deployment of the AI system, and a recurring monthly hosting fee for ongoing infrastructure and service maintenance. Specific amounts are defined in the client's signed Service Agreement. Setup fees are charged upon engagement and prior to build commencement. Monthly hosting fees are charged on a recurring basis via Stripe subscription. Conversation add-on packs, where purchased, are charged at the time of purchase.
All payments are processed securely through Stripe. By engaging Ashken AI's services, clients authorize Stripe to process payments on Ashken AI's behalf. Stripe's own terms and privacy policy apply to payment processing. Ashken AI does not store payment card information.
If a payment is not received within seven (7) days of the due date, Ashken AI may suspend the client's service without further notice until payment is received. If a service remains unpaid for thirty (30) days or more, Ashken AI reserves the right to permanently terminate the service and delete associated data. Clients remain liable for all fees accrued prior to suspension or termination.
Setup fees are non-refundable once work has commenced. Monthly hosting fees are non-refundable for periods already paid. Conversation add-on packs are non-refundable once purchased. If Ashken AI terminates a service without cause, any prepaid fees for the unused portion of the current billing period will be refunded on a pro-rata basis.
Ashken AI reserves the right to update its standard pricing. Existing clients on active Service Agreements will not be subject to price increases during their current agreement term. Ashken AI will provide at least thirty (30) days written notice before any price change applies to a renewing client.
All documents, brand materials, trademarks, logos, and content provided by the client remain the sole property of the client. Ashken AI holds no intellectual property claim over client-provided materials.
Ashken AI's infrastructure, deployment systems, codebase, AI pipeline architecture, and proprietary technology are the exclusive intellectual property of Ashken AI. Clients are granted a non-exclusive, non-transferable, revocable license to use the output of this technology — specifically the deployed AI system — for the duration of their active Service Agreement. This license terminates upon termination of the Service Agreement.
Conversation logs generated by the client's AI system are the property of the client. Ashken AI does not use client conversation data, end-user data, or knowledge base content to train, fine-tune, or improve any AI model, including the underlying language models provided by third-party AI providers. This prohibition is absolute and applies regardless of whether data is identifiable or anonymized.
Ashken AI may use aggregated, fully anonymized, non-identifiable usage metrics (such as conversation volume trends and response latency) for internal infrastructure planning purposes only. No such data contains personal information or conversation content. Clients who wish to request confirmation of this policy in writing may do so at any time by contacting .
Ashken AI handles personal information in compliance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and Quebec's Act Respecting the Protection of Personal Information in the Private Sector (Law 25 / Bill 64). In the event of any conflict between PIPEDA and Law 25, the stricter standard applies.
In the course of service delivery, Ashken AI may collect and process:
Client data is stored on Ashken AI's managed cloud infrastructure using industry-standard encryption at rest and in transit. Data is logically isolated per client. Ashken AI implements reasonable technical and organizational security measures proportionate to the sensitivity of the data processed.
Ashken AI's primary infrastructure is hosted on OVH VPS infrastructure (Montreal, Canada region). Database services are provided via Supabase, which operates on Amazon Web Services infrastructure. Clients should be aware that certain data processing may occur on servers located outside of Canada, including the United States. Where cross-border data transfers occur, Ashken AI takes reasonable steps to ensure appropriate protections are in place in accordance with PIPEDA's cross-border transfer requirements and Law 25's provisions on the communication of personal information outside Quebec. Clients operating in regulated industries with strict data residency requirements should contact Ashken AI prior to engagement to discuss their specific needs.
Client data is retained for the duration of the Service Agreement plus thirty (30) days following termination. After this period, all client data and conversation logs are permanently deleted from Ashken AI's systems. Clients may request a full data export at any time during the service or within the 30-day post-termination window by contacting .
Ashken AI uses third-party infrastructure and service providers to deliver its services. These include cloud hosting providers, AI model inference providers, and database services. These providers process data only to the extent necessary to deliver the service and are engaged under appropriate data processing terms. Ashken AI does not sell client or end-user data to any third party under any circumstances. A current list of sub-processors is available upon request at .
Clients are responsible for ensuring their own compliance with applicable privacy laws when deploying Ashken AI's services to collect information from their customers. This includes obtaining required consents, providing appropriate disclosures, and maintaining their own privacy policy that accurately reflects the use of AI-powered chat functionality. Ashken AI is a data processor acting on the client's instructions; the client remains the data controller for end-user data collected through the deployed AI system.
Ashken AI's services use large language models and retrieval-augmented generation to produce responses. AI-generated responses are probabilistic in nature and may occasionally be inaccurate, incomplete, or not fully reflective of the client's intended information. Ashken AI does not guarantee the accuracy of any individual AI-generated response.
The client is responsible for reviewing the AI system's knowledge base and testing its responses prior to and during deployment. The client accepts responsibility for the accuracy and appropriateness of the information provided in the knowledge base that the AI uses to generate responses.
AI responses generated by Ashken AI's systems do not constitute legal, medical, financial, or other regulated professional advice. Clients must not deploy Ashken AI's systems in a manner that suggests end users are receiving professional advice unless the client independently employs qualified professionals who review and authorize such content.
Certain service configurations may enable the AI system to take autonomous actions on behalf of end users, including but not limited to: booking appointments, submitting forms, querying order status, updating CRM records, or triggering automated workflows. These are referred to as "agentic actions."
Agentic actions are executed based on the client's configuration and the AI's interpretation of end-user intent. Ashken AI is not liable for any outcome, error, loss, or disruption resulting from an agentic action taken by the AI system, including but not limited to: incorrect bookings, failed form submissions, erroneous data entries, or unintended workflow triggers.
Clients who enable agentic action features are responsible for: (a) configuring appropriate guardrails and confirmation steps within their AI system; (b) testing all agentic workflows prior to live deployment; and (c) monitoring agentic action logs for accuracy and appropriateness. Ashken AI recommends that all agentic actions of material consequence include a human confirmation step before execution.
Clients are responsible for ensuring that AI-generated responses represent their brand accurately and appropriately. Ashken AI will configure the AI system to reflect the client's provided guidelines and tone, but cannot guarantee that every response will meet the client's standards. Clients should review conversation logs regularly and notify Ashken AI of any responses that require correction.
Both parties agree to keep confidential any proprietary, sensitive, or non-public information received from the other party in the course of this engagement. This obligation survives for two (2) years following the end of the service relationship. Confidentiality obligations do not apply to information that is: (a) already publicly available through no fault of the receiving party; (b) independently developed by the receiving party without reference to the disclosing party's confidential information; or (c) required to be disclosed by applicable law or court order, provided that the disclosing party is given prompt written notice where legally permitted.
To the maximum extent permitted by applicable law:
Nothing in these Terms limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded under applicable Canadian law.
Either party may terminate the Service Agreement in accordance with the terms of the signed Service Agreement. Upon termination, the client's license to use the deployed AI system is revoked. Ashken AI will retain client data for thirty (30) days following termination to allow for data export requests, after which all data will be permanently deleted.
Individual add-on products (such as third-party CRM integrations, e-commerce integrations, analytics add-ons, or automation workflows) may be terminated independently of the core service. Termination of an add-on product does not constitute termination of the core AI chatbot service or affect the client's monthly hosting subscription unless explicitly agreed. To terminate an add-on product, the client must provide written notice to with at least fourteen (14) days notice before the next billing cycle. Add-on fees already charged for the current billing cycle are non-refundable. Data associated exclusively with a terminated add-on will be retained for fourteen (14) days following termination to allow for export, then permanently deleted.
The following provisions survive termination of any Service Agreement: Section 5 (Intellectual Property), Section 6 (Data Privacy), Section 7 (AI Disclaimer), Section 8 (Confidentiality), Section 9 (Limitation of Liability), Section 11 (Indemnification), and Section 16 (Governing Law).
The client agrees to indemnify, defend, and hold harmless Ashken AI and its representatives from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
Ashken AI will make commercially reasonable efforts to maintain high availability of all services. 100% uptime is not guaranteed. Occasional downtime may occur due to scheduled maintenance, infrastructure updates, third-party provider issues, or circumstances beyond Ashken AI's reasonable control. Ashken AI will communicate planned maintenance windows to active clients by email with reasonable advance notice. Emergency maintenance required to address security vulnerabilities or critical failures may occur without advance notice.
Ashken AI may update these Terms of Service from time to time. Clients will be notified of material changes by email to their registered address at least fourteen (14) days before the updated terms take effect. The current version of the Terms will always be available at ashkenai.com/terms. Continued use of the service after the effective date of updated terms constitutes acceptance. If a client does not accept updated terms, they may provide written notice of termination prior to the effective date without early termination penalty.
Where Ashken AI provides services to a marketing agency, web development agency, or other intermediary ("Agency") who deploys Ashken AI's services on behalf of their own end clients ("End Clients"), the Agency is the client of record for all purposes under these Terms and the applicable Service Agreement. Ashken AI's obligations run exclusively to the Agency. The Agency is responsible for flowing down appropriate terms, disclosures, and privacy policies to its End Clients regarding the use of AI-powered chat functionality on their properties.
The Agency accepts full responsibility for the lawful deployment of Ashken AI's services across all End Client properties. This includes ensuring that End Clients have consented to the use of AI chat on their websites, that appropriate privacy disclosures are in place for End Client customers, and that the AI system's configuration for each End Client does not violate any applicable law or regulation. Ashken AI is not liable for any claims arising from End Client customers' interactions with AI systems deployed through an Agency arrangement.
Where Ashken AI provides white-label services, the Agency may brand the deployed AI system under their own name and identity. Ashken AI retains all intellectual property rights in the underlying technology. The Agency's right to use the white-labeled branding is contingent on an active Service Agreement and terminates upon termination of that Agreement.
By entering into a Service Agreement with Ashken AI, the person executing the agreement on behalf of the client confirms that they are of legal age to enter into binding contracts in their jurisdiction, or that they are an authorized representative of a legal entity with full authority to bind that entity to these Terms. Ashken AI is operated by an individual who may be assisted by authorized representatives for legal, financial, and contractual matters. All Service Agreements are entered into on behalf of Ashken AI by its authorized representative. Clients who have questions about the legal structure of Ashken AI may direct their inquiries to prior to engagement.
These Terms of Service are governed by the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions. Any dispute arising from these Terms or from services provided by Ashken AI shall first be addressed through good-faith negotiation between the parties. If a dispute cannot be resolved through negotiation within thirty (30) days of written notice from either party, the dispute shall be submitted to the courts of competent jurisdiction in the Province of Quebec, judicial district of Montreal.
Entire Agreement: These Terms, together with the signed Service Agreement and Privacy Policy, constitute the entire agreement between the parties and supersede all prior representations or understandings.
Severability: If any provision is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.
Waiver: Failure by either party to enforce any provision of these Terms is not a waiver of that provision or of any other provision.
Assignment: The client may not assign their rights or obligations under these Terms without Ashken AI's prior written consent. Ashken AI may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure: Neither party is liable for failure to perform obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, internet outages, third-party infrastructure failures, or government actions.
Notices: All formal notices under these Terms shall be sent by email to the addresses on file. Email delivery is deemed received upon transmission unless the sender receives a delivery failure notification.
Language: These Terms are written in English. In the event of any conflict between an English version and a translation, the English version prevails.
Website: ashkenai.com
Location: Montreal, Quebec, Canada
Response time: within 2 business days for general inquiries. Data requests and privacy concerns will be acknowledged within 10 business days in accordance with PIPEDA and Law 25 requirements.
Ashken AI | Terms of Service | Version 2.0 | April 2026 | Governed by the laws of Quebec, Canada
This document supersedes Terms of Service Version 1.0 (April 2026).