About these Terms
These Terms of Service address subscriptions to Xkey AiE, operated by Xkey AiEstimation & Business Services Inc. (Xkey, we, us). “You” means the individual or organization subscribing to the service. Xkey AiE supports estimating, project management and related business workflows. Subscription-specific details are set out in the agreement provided before purchase.
Accounts and authorized users
You must provide accurate account and business information, keep credentials secure, and promptly report suspected unauthorized access. A person accepting a subscription for a business must have authority to bind that business. You are responsible for authorized users and activity under your account, subject to applicable law. Access must remain within the subscribed user and plan limits. Do not share credentials to bypass those limits. Remove access when a user is no longer authorized.
Plans, prices and commitments
All listed prices are in USD. Starter is $49/month — month-to-month, with up to 400 AiE counts per month shared across the account, up to 2 users, and no rollover of unused counts. AiE Estimator is $299/month — billed monthly on a 12-month agreement, or $2,899/year — billed annually. Project+ is $399/month — billed monthly on a 12-month agreement, or $3,599/year — billed annually. AiE Estimator and Project+ both require a 12-month commitment regardless of payment schedule. Monthly billing is a payment schedule on that commitment, not month-to-month cancellation. Any additional charges and applicable subscription conditions will be disclosed before purchase.
7-Day Satisfaction Guarantee
For AiE Estimator and Project+, complete guided AiE onboarding and build your first estimate. If AiE is not the right fit, you may request a full refund within 7 days of purchase. After that 7-day period, the 12-month agreement remains in effect. Contact customerservice@xkey.ca with guarantee questions. This guarantee applies to committed plans and does not limit rights available under applicable law.
Billing, renewal and cancellation
Starter is month-to-month and may be cancelled at any time, subject to the current billing period. For AiE Estimator and Project+, cancellation after the 7-day guarantee period does not release the remaining agreed obligations under the 12-month agreement, except where your agreement or applicable law provides otherwise. Your subscription agreement will explain billing dates, applicable taxes, renewal arrangements and cancellation procedures before purchase. Contact customerservice@xkey.ca with billing or cancellation questions.
Failed payments, suspension and termination
Failure to pay agreed charges or a material breach of these Terms may result in restricted access, suspension or termination, subject to your subscription agreement and applicable law. Security threats, unlawful use or legal requirements may require immediate restrictions. Ending access does not remove rights or obligations that continue under your agreement or applicable law. Contact customer service about account closure and any available export options before access ends. Keep independent copies of important project records.
Capabilities, beta and Coming Soon features
Plan availability follows the current pricing page: AiE Image Matching is part of core estimating; Project+ lists AiE Advanced Image Matching, Document Chat, AiE Chat and Actual-vs-Budget Intelligence as available now. Advanced / Project Intelligence, Quotes, Invoices and Scheduling are Coming Soon. Customer/CRM functionality is later-stage and is not currently available. Coming Soon descriptions are development plans, not delivery-date commitments or currently included working functionality. Any beta or preview feature must be identified as such and may change or be withdrawn. Do not base a purchase on a future feature without a separate written commitment. Any additional beta conditions will be presented before participation.
Professional judgment and validation
Xkey AiE assists with estimating and project workflows and does not replace professional judgment. You are responsible for reviewing and validating takeoffs, quantities, symbol matches, pricing, labour, assemblies, estimates, project information and all outputs before relying on them for bids, contracts, purchasing, construction or business decisions. AiE Image Matching, AiE Advanced Image Matching, Document Chat, AiE Chat and Actual-vs-Budget Intelligence may produce inaccurate, incomplete or misleading results. Check outputs against source drawings, specifications, current supplier prices, project conditions and appropriate professional expertise. Chat responses are not professional engineering, legal, safety or financial advice. Xkey does not guarantee bid success, profitability, code compliance or a particular project result.
Customer content and permitted processing
You retain your rights in uploaded drawings, documents, estimates, project data, chat inputs and other customer content. You must have the rights and permissions needed to upload that content and permit its processing, including permissions for personal or confidential information. You grant Xkey a non-exclusive license to host, reproduce, process and transmit that content as needed to provide, secure and support your subscribed service, including through service providers acting for Xkey. This does not transfer ownership. Rights in outputs are subject to underlying customer and third-party rights; exclusivity and copyright protection are not guaranteed. Personal-information handling is described in the Privacy Policy.
Xkey intellectual property
Xkey and its licensors retain rights in the platform, software, interfaces, branding, documentation and underlying technology. Subject to your agreement and payment, you receive a limited right to use the subscribed service during your term for your business purposes. Do not copy or resell the platform, remove proprietary notices, or reverse engineer it except where applicable law permits. Your customer content remains yours.
Acceptable use
Do not use the service unlawfully, infringe others’ rights, upload malicious code, expose information you lack authority to disclose, attempt unauthorized access, disrupt the service, evade account or usage limits, or use automation to extract the platform in a way that harms its security or availability. Do not submit unnecessary sensitive personal information. Xkey may investigate suspected misuse and take proportionate action under your agreement.
Confidentiality and privacy
Each party must use reasonable care to protect the other’s non-public business information, use it for purposes of the agreement, and limit disclosure to people and service providers who need it for those purposes. This does not cover information already lawfully known, made public without breach, independently developed or lawfully received from another source. Disclosure required by law is permitted, with notice where lawful. Personal information is addressed in the Privacy Policy.
Availability and third-party services
Maintenance, outages and service changes may affect availability. Xkey does not guarantee uninterrupted or error-free access. Any service-level commitment is set out in your subscription agreement. External scheduling, integrations and other third-party services may have their own terms and privacy notices. Their availability and outputs may be outside Xkey’s direct control. Keep appropriate independent project records and backups.
Disclaimers
Subject to any express warranty in your subscription agreement and applicable law, the service is provided as is and as available. To the extent permitted by law, other warranties, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, are disclaimed. Xkey does not guarantee uninterrupted, secure or error-free operation, or the accuracy or completeness of generated information. Nothing in these Terms excludes a warranty, remedy or responsibility that cannot lawfully be excluded.
Limitation of liability
To the extent permitted by applicable law and subject to your subscription agreement, Xkey’s total liability arising out of or relating to the agreement is limited to the subscription fees you paid in the preceding 12 months. To the extent permitted by law, Xkey is not liable for indirect, incidental, special or consequential damages, including lost profits, revenue, business interruption, information or data, even if advised of their possibility. Nothing in these Terms limits liability that cannot lawfully be limited.
Third-party claims and indemnity
You are responsible for having permission to provide customer content and for using the service lawfully. Any obligation to defend or indemnify a party against third-party claims is governed by your subscription agreement and applicable law.
Governing Law & Dispute Resolution
Governing Law
These Terms and any dispute arising out of or relating to these Terms, the Xkey AiE platform, or the services provided by Xkey AiEstimation & Business Services Inc. will be governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
Nothing in these Terms is intended to limit any rights or protections that cannot lawfully be waived under the mandatory laws applicable to a customer.
Good-Faith Resolution
Before beginning formal proceedings, the parties agree to make reasonable efforts to resolve any dispute informally.
A party initiating a dispute must provide written notice describing the nature of the dispute and the relief requested.
The parties will then have 30 days from receipt of the notice to attempt to resolve the matter in good faith.
If the dispute is not resolved during that period, either party may proceed to arbitration as described below.
Binding Arbitration
Except for matters specifically excluded below, any dispute, claim, or controversy arising out of or relating to these Terms, the Xkey AiE platform, a subscription, account, payment, or the relationship between the customer and Xkey AiEstimation & Business Services Inc. will be resolved by final and binding arbitration rather than through litigation in court.
The arbitration will be conducted by a recognized commercial arbitration provider under its applicable commercial arbitration rules.
The arbitration may be conducted remotely by video conference, telephone, written submissions, or another mutually agreed method when appropriate.
Unless the parties agree otherwise, the arbitration will be conducted in English.
The arbitrator will have authority to award any remedy that would otherwise be available to the parties under applicable law, subject to the limitations contained in these Terms.
The arbitrator's decision will be final and binding and may be entered as a judgment in any court having jurisdiction.
Location of Arbitration
Unless otherwise agreed by the parties, the legal seat of arbitration will be Delaware, United States.
The parties may agree to conduct hearings virtually or in another location without changing the legal seat of arbitration.
Individual Proceedings Only
To the fullest extent permitted by applicable law, disputes will be resolved only on an individual basis.
Neither the customer nor Xkey AiEstimation & Business Services Inc. may bring or participate in a claim as a plaintiff or class member in a class action, consolidated action, representative action, collective action, or private-attorney-general proceeding.
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
Jury Trial Waiver
To the fullest extent permitted by applicable law, each party knowingly and voluntarily waives any right to a trial by jury for disputes covered by these Terms.
Exceptions to Arbitration
Either party may seek temporary, preliminary, or emergency injunctive relief from a court of competent jurisdiction when necessary to protect intellectual property, confidential information, account security, or to prevent unauthorized access to or misuse of the Xkey AiE platform.
Either party may also bring an eligible claim in small claims court where permitted by applicable law.
Seeking this limited relief does not waive the requirement to arbitrate other disputes.
Court Proceedings
For any dispute that is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, subject to any mandatory law that requires otherwise.
Each party waives any objection based on inconvenient forum or similar grounds to the extent legally permitted.
Arbitration Costs
The allocation of arbitration filing fees, administrative fees, arbitrator fees, and other costs will be governed by the applicable arbitration rules and applicable law.
Each party will otherwise be responsible for its own legal fees and expenses unless the arbitrator determines that fees may be awarded under applicable law or these Terms.
Survival
This section survives termination, cancellation, expiration, or non-renewal of a subscription or account.
Changes and contact
Xkey may update these Terms. Material changes will be communicated through an appropriate notice, with renewed acceptance where required by law. Updates do not override mandatory rights or automatically alter an existing agreed subscription commitment. Contact info@xkeyaie.com for general inquiries or customerservice@xkey.ca for customer service.