Introduction

These Terms of Service ("Terms") govern your access to and use of the Auxo Agency client dashboard at dashboard.auxoagency.co and any related services, features, or tools provided by Auxo Agency LLC ("Auxo Agency," "we," "us," or "our").

Auxo Agency LLC is a digital marketing and AI automation agency based in Gilbert, Arizona. These Terms apply to all clients, authorized users, and visitors who access or use our dashboard or services.

By accessing or using the dashboard or any Auxo Agency service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our services.

These Terms may be updated from time to time. We will notify you of material changes. Your continued use of the services after any update constitutes acceptance of the revised Terms.

Account Terms

Eligibility

You must be at least 18 years of age to create an account or use our services. By creating an account, you represent and warrant that you are 18 years of age or older and that you have the legal authority to enter into these Terms on behalf of yourself or the business you represent.

Account Information

You agree to provide accurate, current, and complete information when creating your account and to keep your account information updated. Providing false or misleading information is grounds for immediate account suspension or termination. You are responsible for ensuring that the contact information and billing details associated with your account remain accurate.

Account Security

You are responsible for maintaining the confidentiality of your account login credentials, including your username and password. You agree not to share your credentials with any third party and to take reasonable steps to protect them from unauthorized access.

You are responsible for all activity that occurs under your account. If you believe your account has been compromised or that unauthorized access has occurred, you must notify us immediately at theauxoagency@gmail.com. We are not liable for any losses or damages arising from unauthorized use of your account.

One Account Per Client

Each client is permitted one active account. Creating multiple accounts to circumvent account restrictions, access free trials multiple times, or for any other purpose is prohibited and may result in all associated accounts being terminated.

Services and Dashboard

What Is Included

The Auxo Agency dashboard provides clients with access to reporting, campaign data, performance metrics, and communication tools relevant to their contracted services. The specific features and access levels available to you depend on your current service agreement with Auxo Agency.

Services delivered by Auxo Agency may include, but are not limited to, AI-powered outreach campaigns, lead generation, marketing automation, search engine optimization, content strategy, and related digital marketing services as outlined in your individual service agreement.

Service Availability

We strive to maintain high uptime and availability of the dashboard and related services, but we do not guarantee uninterrupted or error-free access. We may experience downtime due to scheduled maintenance, technical issues, or factors outside our control. We will make reasonable efforts to provide advance notice of scheduled maintenance that may affect dashboard access.

Changes to Services

We reserve the right to modify, update, add, or discontinue features of the dashboard or our service offerings at any time. We will provide reasonable advance notice of changes that materially affect the services you have contracted for. If a material change negatively impacts your service and you wish to terminate your agreement as a result, please contact us to discuss your options.

Acceptable Use

You agree to use the dashboard and all Auxo Agency services only for lawful purposes and in a manner consistent with these Terms. The following activities are expressly prohibited:

Prohibited Conduct

Consequences of Violations

Violation of these acceptable use provisions may result in immediate suspension or termination of your account without notice or refund, and may expose you to civil or criminal liability. We reserve the right to investigate any suspected violations and to cooperate with law enforcement authorities.

Data Ownership

Your Data Is Yours

You retain full ownership of all data, content, and information you provide to Auxo Agency or that is generated on your behalf in connection with your services ("Client Data"). This includes contact lists, campaign data, performance records, and any other data associated with your account.

We do not sell, license, or transfer your Client Data to any third party for their own purposes. We use your Client Data solely to deliver and improve the services we provide to you.

License to Process Your Data

By using our services, you grant Auxo Agency a limited, non-exclusive license to access, process, and store your Client Data for the sole purpose of providing the contracted services to you. This license terminates when your service agreement ends and we have completed our data retention and deletion obligations.

Data Export

You have the right to export your Client Data at any time while your account is active. We will provide your data in a portable, commonly used format upon request. You may submit an export request to theauxoagency@gmail.com. We will fulfill export requests within a reasonable time, typically within 5 business days.

Data Retention After Termination

Following the termination or expiration of your service agreement, your Client Data will be retained for 60 days to allow you to request a final export. You have 60 calendar days from the effective date of termination to request your data. After this 60-day window, your Client Data will be permanently deleted from our systems.

Intellectual Property

Auxo Agency's Property

The Auxo Agency dashboard, website, and all related software, code, designs, interfaces, processes, methodologies, and content (excluding your Client Data) are the intellectual property of Auxo Agency LLC and are protected by applicable copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership of Auxo Agency's intellectual property to you.

Limited License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the dashboard for your own internal business purposes during the term of your service agreement. This license does not permit you to copy, modify, create derivative works from, sublicense, sell, or otherwise exploit any part of the dashboard or our services.

Feedback

If you submit ideas, suggestions, feedback, or recommendations to us regarding our services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and incorporate that Feedback into our services without any obligation to compensate you or credit you for it. You represent that any Feedback you provide does not infringe on the rights of any third party.

Our Trademarks

The Auxo Agency name, logo, and related marks are trademarks of Auxo Agency LLC. You may not use these marks without our prior written consent, except to truthfully identify Auxo Agency as your service provider.

Payment and Billing

Service Fees

The fees for Auxo Agency services are specified in your individual service agreement. By agreeing to a service arrangement, you authorize us to charge the fees described in that agreement according to the billing schedule set forth therein.

All fees are quoted in U.S. dollars. We reserve the right to adjust pricing upon reasonable notice. Price changes will not apply to fees already agreed upon in an existing service agreement without your explicit consent, unless the agreement expressly provides otherwise.

Payment Processing

Payments are processed through Stripe. By providing your payment information, you authorize Stripe to charge the applicable fees on our behalf. You represent that you are authorized to use the payment method you provide and that the payment information you submit is accurate.

Late Payments and Non-Payment

If a payment fails or is not received by the due date, we reserve the right to suspend your access to the dashboard and pause any active service deliverables. We will make reasonable efforts to notify you before suspending services. Access will be restored once outstanding balances are paid in full.

Continued non-payment may result in termination of your service agreement in accordance with the Termination section below.

Refunds

Refund terms are governed by your individual service agreement. Unless otherwise specified in that agreement, fees paid are generally non-refundable. If you believe you have been charged in error, contact us at theauxoagency@gmail.com within 30 days of the charge.

Limitation of Liability

Services Provided "As Is"

THE DASHBOARD AND ALL AUXO AGENCY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the dashboard will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that the results obtained from use of the services will be accurate, complete, or meet your specific business objectives.

Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUXO AGENCY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE TOTAL FEES YOU PAID TO AUXO AGENCY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUXO AGENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF AUXO AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Auxo Agency LLC and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

Termination

Termination by You

You may terminate your service agreement with Auxo Agency by providing written notice in accordance with the terms of your service agreement. In the absence of specific notice requirements in your service agreement, please provide at least 30 days written notice of your intent to terminate by emailing theauxoagency@gmail.com.

Upon termination, your access to the dashboard will remain active until the end of the current billing period or the effective date of termination as agreed upon.

Termination by Auxo Agency

We reserve the right to suspend or terminate your access to the dashboard and services at any time, with or without cause, upon written notice. Grounds for immediate termination without notice include, but are not limited to, violation of the Acceptable Use provisions, fraudulent activity, non-payment, or conduct that poses a risk to Auxo Agency, other clients, or third parties.

If we terminate your account without cause, we will provide a prorated refund of prepaid fees for services not yet delivered.

Effect of Termination

Upon termination of your service agreement for any reason, your right to access the dashboard and use the services immediately ceases (subject to any wind-down period agreed upon). All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, data ownership, limitation of liability, indemnification, and dispute resolution.

Data Export Window

Following termination, you have 60 calendar days to request an export of your Client Data. After this period, your data will be permanently deleted. See the Data Ownership section for full details on the export process.

Dispute Resolution

Informal Resolution First

Before initiating any formal legal proceeding, you agree to contact us at theauxoagency@gmail.com and attempt to resolve the dispute informally. We will make good faith efforts to resolve any concerns. Both parties agree to engage in this informal resolution process for at least 30 days before pursuing any other remedies, unless the dispute involves an imminent threat of irreparable harm or the enforcement of intellectual property rights.

Governing Law

These Terms and any dispute arising out of or related to these Terms or your use of the services shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

Jurisdiction and Venue

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. You and Auxo Agency each consent to the personal jurisdiction of these courts and waive any objection to venue in Maricopa County.

Limitation on Claims

Any claim or cause of action you have arising out of or related to these Terms or the services must be filed within one (1) year after such claim or cause of action arises. Claims filed after this period are forever barred, to the extent permitted by law.

General Provisions

Entire Agreement

These Terms, together with your individual service agreement and our Privacy Policy, constitute the entire agreement between you and Auxo Agency with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the services.

Amendments

We reserve the right to amend these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through a notice on the dashboard. Your continued use of the services following any amendment constitutes your acceptance of the revised Terms.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions of these Terms will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms or to exercise any right or remedy available to us under these Terms or applicable law shall not constitute a waiver of that provision, right, or remedy. No waiver by Auxo Agency of any breach shall be construed as a waiver of any subsequent breach of the same or any other provision.

Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without our consent will be null and void. Auxo Agency may assign these Terms, in whole or in part, to any successor in interest in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, without your consent.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure is caused by events beyond that party's reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, government actions, internet or infrastructure outages, cyberattacks, or labor disputes. The affected party must provide prompt written notice of the force majeure event and its expected duration, and must use reasonable efforts to resume performance as soon as practicable.

No Third-Party Beneficiaries

These Terms are for the benefit of you and Auxo Agency only. Nothing in these Terms creates any rights in any third party or confers any benefits on any third party. These Terms shall not be construed to confer any rights upon any person or entity not a party to these Terms.

Notices

Any notices required or permitted under these Terms shall be in writing and delivered by email. Notices to Auxo Agency shall be sent to theauxoagency@gmail.com. Notices to you shall be sent to the email address associated with your account. Notices are effective upon receipt.

Contact Information

If you have questions about these Terms or need to contact us regarding your account or services, you may reach us at:

Auxo Agency LLC
Gilbert, Arizona
Email: theauxoagency@gmail.com

We aim to respond to all inquiries within 2 business days.