By accessing and using the services ("Services") offered by CXassist ("Company"), you ("User") agree to be bound by these Terms of Service ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our Services.
CXassist provides a generative AI subscription service that assists users in generating and sending emails in reply to received emails as part of their normal course of business.
Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your Account or by contacting Company’s customer support team at email@example.com. A valid payment method is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information. By submitting such payment information, you automatically authorize Company to charge all Subscription fees incurred through your Account to any such payment instruments. Should automatic billing fail to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: service availability, errors in the description or price of the service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the person submitting an order resides / is located. Payment of these additional fees remains the responsibility of the person submitting the order.
The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Each individual subscription plan allows for the generation of up to 5,000 emails per month. If a user exceeds this limit, the user's subscription may be automatically upgraded to a Business plan at the then-current price. Users will be notified in advance of any such upgrade and will have the option to cancel their subscription if they do not wish to be upgraded.
Our Service and Website allows you to store, share and otherwise make available certain information, text, PDF’s, CSV files, or other material (“Content”). You are responsible, in particular to your customers, for Content that you post on or through Service including its legality, reliability, and appropriateness. By posting Content on or through Service or Website, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of any User found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Service or Website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service.
You may use Service or Website only for lawful purposes and in accordance with Terms. You agree not to use Service or Website:
Additionally, you agree not to:
Users are responsible for all content generated using the Services and for ensuring that such content complies with all applicable laws and regulations. The User agrees not to use the Service to generate content that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted with the use of the Service or on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright Infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service or Website on your copyright.
The Service, the Website and their original content (excluding Content), features and functionality are and will remain the exclusive property of the Company and its licensors. The Guest and the User by using the Service do not acquire any rights to the Intellectual Property. Upon purchase of a Subscription, the User receives the Licence to use the Service in accordance with the Subscription. The Licence is limited, non-transferable, revocable, non-exclusive and granted for a period consistent with the conditions of the Subscription. The User is not entitled to give a sublicense. The User shall not modify, reverse engineer, decompile, disassemble or attempt to derive source code from Service or the Website or any portion thereof. The User is not entitled to create and/or publish APIs or otherwise proxying access to the Service or the Website nor is allowed to use the Service or the Website in an automated manner (that is by machine or computer program).
The Company tries – to the best of its ability – to support the Guests and Users in solving their problems related to functioning of the Service, as well as undertaking actions to improve the quality of the Service’s functioning and the provision of the Service based on the comments submitted by these entities. You may provide us directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
We may use third-party service providers to monitor and analyze the use of our Service and Website.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service and Website. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
CXassist provides a tool for generating content, but does not control or vet the specific content generated by users. As such, CXassist is not responsible or liable for any content generated by users using the Services. Users are solely responsible for the content they generate and any consequences arising from the use of that content.
The Company does not guarantee the permanent accessibility of the Service or the Website. The Company reserves the right to introduce a break in the operation of the Website or the Service or their certain functionalities. If there is an intention to implement a break, the Company will notify about it by posting relevant information or a message on the Website or via the email provided when setting-up the Account at least 3 days before the date of planned break. In the event of unintended breaks in the operation of the Website or the Service or their certain functionalities, the Company will immediately notify about it by posting a relevant information or message on the Website or via the email provided when setting-up the Account. Acceptance of the terms of service through usage of the service means also giving an approval for the Services being not 100% reliable.
THE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company shall not be liable for the consequences of complying with the content of tips, articles or other publications on the Website or the Service, including the content provided by the AI technology. You acknowledge that the AI technology that provides the content in the Service and/or the Website is not the expert and may be mistaken and you cannot always rely on its answers or advice. In particular it cannot replace any professional recommendation. The Company shall not be liable to the customers of the User for the use of the Service and the Content provided by the Service to the User’s customers. The Company shall not be liable for any breaks in the operation of the Service. The Company shall not be liable for the consequences of phenomena known as force majeure, including in particular power outages, fires, atmospheric phenomena, wars, riots, strikes and other similar events that are not affected by the Company. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your Account and ban access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your Account, you may simply discontinue using Service. All provisions of Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of State of Idaho without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
CXassist reserves the right to modify these Terms at any time. The most current version of these Terms will always be posted on our website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.