Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Groxio.ai ("Company," "we," "us," or "our") governing your use of the Groxio.ai marketing automation platform and related services (collectively, the "Service").

1. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

Groxio.ai provides a multi-tenant marketing automation platform that enables users to:

• Manage and segment contact databases (B2B and B2C)
• Create and send email marketing campaigns
• Generate dynamic landing pages
• Track campaign analytics and engagement metrics
• Integrate with third-party data sources
• Utilize AI-powered content generation tools

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must:

• Provide accurate, complete, and current registration information
• Maintain and promptly update your account information
• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Implementing appropriate security measures for your users

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to comply with all applicable federal, state, local, and international laws and regulations.

4.2 Prohibited Activities

You agree NOT to:

• Send spam or unsolicited communications - All email campaigns must comply with CAN-SPAM Act, GDPR, and other anti-spam regulations
• Use purchased, rented, or scraped email lists without proper consent and documentation
• Impersonate others or misrepresent your affiliation with any person or entity
• Transmit malware, viruses, or malicious code through the Service
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or other accounts
• Use the Service for illegal activities including but not limited to fraud, money laundering, or promoting illegal goods/services
• Violate intellectual property rights of others
• Harvest or collect user data without consent
• Send content that is defamatory, obscene, abusive, or discriminatory

5. Email Compliance

5.1 CAN-SPAM Compliance

All email communications sent through the Service must:

• Include accurate "From," "To," and "Reply-To" information
• Use truthful subject lines that accurately reflect the content
• Identify the message as an advertisement where applicable
• Include your valid physical postal address
• Provide a clear and conspicuous unsubscribe mechanism
• Honor opt-out requests within 10 business days

5.2 GDPR and International Compliance

If you send emails to recipients in the European Union or other jurisdictions with data protection laws:

• You must have lawful basis for processing personal data
• You must obtain explicit consent where required
• You must honor data subject rights (access, rectification, erasure, etc.)
• You must implement appropriate technical and organizational security measures

5.3 Dedicated IP Management

If you use a dedicated IP address:

• You are solely responsible for maintaining the reputation of that IP
• Poor sending practices may result in blacklisting, which is your responsibility to remediate
• We reserve the right to monitor sending patterns and suspend service if abuse is detected

6. Data Ownership and Privacy

6.1 Your Data

You retain all ownership rights to the data you upload to the Service ("Customer Data"). By uploading Customer Data, you grant us a limited license to process, store, and transmit it solely for the purpose of providing the Service to you.

6.2 Data Security

We implement industry-standard security measures to protect Customer Data, including:

• Encryption in transit (TLS/SSL)
• Encryption at rest for sensitive data
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Multi-tenant data isolation

6.3 Data Processing Agreement

For customers subject to GDPR, our Data Processing Agreement is incorporated by reference and available upon request.

7. Intellectual Property Rights

7.1 Our IP

The Service, including its software, design, trademarks, and content (excluding Customer Data), is owned by Groxio.ai and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.

7.2 Your IP

You retain all rights to content you create using the Service, including emails, landing pages, and campaigns.

7.3 AI-Generated Content

Content generated using our AI tools is provided "as-is" and you are responsible for reviewing and ensuring compliance with all applicable laws and regulations before use.

8. Payment Terms

8.1 Fees

You agree to pay all fees associated with your selected plan. Fees are billed in advance on a recurring basis (monthly or annually) unless otherwise stated.

8.2 Payment Methods

You must provide valid payment information. By providing payment information, you authorize us to charge the applicable fees to your payment method.

8.3 Refunds

Fees are non-refundable except as required by law or as explicitly stated in our refund policy.

8.4 Price Changes

We reserve the right to modify pricing with 30 days' notice. Continued use after the notice period constitutes acceptance of new pricing.

9. Service Level and Availability

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted or error-free operation. We reserve the right to:

• Perform scheduled maintenance with advance notice
• Conduct emergency maintenance as needed
• Modify or discontinue features with reasonable notice

10. Termination

10.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support.

10.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• Your account is subject to legal action or investigation
• Your payment method fails or your account is past due
• We are required to do so by law

10.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• You remain responsible for all fees accrued prior to termination
• We will retain Customer Data for 30 days for retrieval, then delete it unless legally required to retain it

11. Disclaimers and Limitation of Liability

11.1 Service Provided "As-Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROXIO.AI SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• SERVICE INTERRUPTIONS OR DATA LOSS

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Groxio.ai, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your Customer Data or marketing campaigns

13. Third-Party Services

The Service may integrate with third-party services (e.g., email service providers, data providers, payment processors). Your use of such services is subject to their respective terms and conditions. We are not responsible for third-party services or their availability.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms with a new "Last Updated" date
• Sending email notification to your registered email address
• Displaying an in-app notification

Continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

15.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through:

1. Good faith negotiation between the parties
2. Binding arbitration in accordance with the American Arbitration Association rules
3. Arbitration shall be conducted in California

15.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to bring claims as a class action or representative proceeding.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Groxio.ai.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

16.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17. Contact Information

For questions about these Terms, please contact us at:

Groxio.ai
Email: legal@groxio.ai
Email: support@groxio.ai
Website: https://groxio.ai