Effective Date: October 1, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the Xynthian voice AI services, applications, and any associated features (collectively, the “Services”) provided by Xynthian, Inc. (“Xynthian,” “we,” “us,” or “our”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Services.

1. Acceptance of Terms

By creating an account, downloading, or using Xynthian, you confirm that you have read, understood, and agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization.

2. Description of Services

Xynthian is an AI-powered voice assistant that processes your audio input, device data, and usage activity to provide responses and improve performance. Our Services involve the collection and use of data as described in our Privacy Policy.

3. User Responsibilities

You agree to use the Services lawfully and responsibly. In particular, you must not:

• Violate any applicable laws or regulations.

• Use the Services for harmful, unlawful, or abusive activities.

• Attempt to access or interfere with systems, networks, or data not intended for you.

• Reverse-engineer, decompile, or otherwise attempt to extract the source code of our Services.

You are responsible for the accuracy of the information you provide and for safeguarding your account credentials.

4. Privacy and Data Use

By using the Services, you consent to our data collection and usage practices as described in the Privacy Policy, including:

• Collection of voice input, transcripts, and related interaction data.

• Retention of such data for service operation and improvement.

• Possible review by human personnel to improve the quality and safety of the Services.

5. Intellectual Property

All intellectual property rights in the Services (software, designs, trademarks, and related content) remain the exclusive property of Xynthian and its licensors.

By using the Services, you grant Xynthian a limited, worldwide, royalty-free license to use your interaction data (as described in the Privacy Policy) for the purposes of providing, maintaining, and improving the Services.

6. Disclaimers

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. We disclaim all warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that the Services will be error-free, uninterrupted, or secure. You use the Services at your own risk.

7. Limitation of Liability

To the fullest extent permitted by law, Xynthian shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.

Our total liability for any claim relating to the Services shall not exceed one hundred Canadian dollars (CAD $100).

8. Indemnification

You agree to indemnify and hold harmless Xynthian, its employees, officers, contractors, and affiliates from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

9. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason including violation of these Terms. Data collected prior to termination will be retained as described in our Privacy Policy.

10. Changes to Terms

We may update these Terms from time to time. Material changes will be posted with a new “Effective Date.” Your continued use of the Services after such updates constitutes acceptance of the new Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Xynthian, Inc.

Toronto, Ontario, Canada

Email: contact@xynthian.com

© 2025 Xynthian, Inc. All rights reserved.