LixenAI Terms of Service

3.1 Account Creation

You must provide accurate, current, and complete information during registration and maintain the accuracy of that information throughout your use of the Services.

3.2 Account Security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify LixenAI immediately of any unauthorized access or security breach at support@lixen.ai.

3.3 Single Account

You may not create or maintain multiple accounts for the same entity without prior written approval from LixenAI.

3.4 Sub-Accounts

Sales Partners may create sub-accounts for their clients. Partners are fully responsible for ensuring their clients comply with these Terms and all applicable laws. A breach by a client sub-account constitutes a breach by the Partner.

5.1 Permitted Use

You may use the Services solely for lawful business purposes in accordance with these Terms.

5.2 Prohibited Conduct

You agree NOT to:

• (a) Use the Services in violation of any federal, state, local, or international law or regulation;
• (b) Send unsolicited bulk messages (spam) or use the Services for deceptive, fraudulent, or misleading communications;
• (c) Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or applicable A2P 10DLC / TCR regulations;
• (d) Transmit content that is defamatory, obscene, harassing, threatening, or that infringes any third-party intellectual property right;
• (e) Impersonate any person or entity or misrepresent your affiliation;
• (f) Attempt to gain unauthorized access to any portion of the platform or any connected system;
• (g) Reverse engineer, decompile, or otherwise attempt to extract the source code or algorithms of the platform;
• (h) Use automated bots, scrapers, or tools to extract data from the platform without prior written consent;
• (i) Resell or sublicense platform access except as expressly authorized in your Partner Enrollment Agreement;
• (j) Use AI features to generate content that is illegal, harmful, discriminatory, or violates any third-party right.

5.3 AI-Specific Restrictions

You may not use the AI features to generate medical, legal, or financial advice presented as licensed professional guidance; to impersonate licensed professionals; or to create synthetic media designed to deceive or defraud.

5.4 Carrier and Regulatory Compliance

All SMS and voice communications must comply with applicable carrier policies, A2P 10DLC requirements, and The Campaign Registry (TCR) rules. You are solely responsible for obtaining all required opt-in consents from your contacts before sending any communications.

6.1 Fees

You agree to pay all subscription fees and usage-based charges (including SMS, MMS, voice calls, AI credits, and email overage) as specified in your enrollment agreement or the current rate schedule in your account settings.

6.2 Billing Cycle

Subscription fees are billed in advance on a monthly or annual basis. Usage-based fees are billed monthly in arrears based on actual usage.

6.3 Payment Authorization

By providing payment information, you authorize LixenAI and Stripe to charge your payment method on file for all amounts due. You agree to keep payment information current.

6.4 Late Payment

Invoices more than ten (10) days past due may result in suspension of Services. Reactivation of suspended accounts may require payment of all outstanding balances plus a reactivation fee.

6.5 Taxes

Quoted fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by applicable taxing authorities.

6.6 Rate Changes

LixenAI may adjust usage-based rates with thirty (30) days' advance notice. Subscription plan pricing is locked for the current billing term.

6.7 Refund Policy

Except as required by applicable law or expressly stated in a separate written agreement, all fees are non-refundable. Cancellation does not entitle you to a refund for the remaining portion of a prepaid term; access continues through the end of the current billing period.

7.1 LixenAI's IP

The platform, including all software, algorithms, designs, trademarks, and LixenAI-developed content, is and remains the sole property of LixenAI and its licensors. These Terms grant you no ownership interest in the platform.

7.2 License to Use

LixenAI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for internal business purposes during your agreement term, subject to these Terms.

7.3 Your Content

You retain all ownership rights in content, data, contacts, and materials you upload ("User Content"). By uploading User Content, you grant LixenAI a limited license to process, store, and display it solely as necessary to provide the Services.

7.4 Feedback

Any suggestions or feedback you provide regarding the Services may be used by LixenAI for any purpose, royalty-free and without obligation to you.

7.5 AI-Generated Output

AI Output produced based on your prompts and data is provided for your use. LixenAI does not warrant that AI Output is free from third-party intellectual property claims. You are responsible for reviewing AI Output before use and for ensuring it complies with applicable law.

9.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, incorporated by reference herein.

9.2 Data Processing

To the extent LixenAI processes personal data on your behalf (e.g., CRM contact records), LixenAI acts as a data processor and you act as the data controller. You are responsible for maintaining a lawful basis for processing your contacts' data.

9.3 Contact Consent

You represent and warrant that you have obtained all legally required consents from your contacts prior to sending any SMS, email, or voice communications through the platform.

14.1 Term

These Terms commence on the date you first access the Services and continue until terminated.

14.2 Termination by You

You may terminate your account at any time by written notice to LixenAI. No refund is issued for prepaid fees.

14.3 Termination by LixenAI

LixenAI may suspend or terminate your access immediately if: (a) you breach any material provision of these Terms; (b) required by law; (c) your account poses a security risk; or (d) you fail to pay fees when due.

14.4 Effect of Termination

Upon termination, your license to use the Services immediately ceases. You may request export of your data within thirty (30) days of termination. After thirty (30) days, LixenAI may permanently delete your data per its retention policies.

15.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law rules.

15.2 Informal Resolution

Before initiating any legal claim, you agree to notify LixenAI in writing at legal@lixen.ai and allow thirty (30) days for good-faith negotiation.

15.3 Binding Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in Los Angeles County, California, or via remote video conference by mutual agreement. The arbitrator's award shall be final and may be entered as a judgment in any court of competent jurisdiction.

15.4 Class Action Waiver

ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

15.5 Exceptions

Either party may seek injunctive or equitable relief in a court of competent jurisdiction for matters involving intellectual property infringement, breach of confidentiality, or other irreparable harm.

17.1 Entire Agreement

These Terms, together with the Privacy Policy, enrollment agreements, and applicable addenda, constitute the entire agreement between you and LixenAI regarding the Services.

17.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full force.

17.3 No Waiver

Failure to enforce any provision does not waive LixenAI's right to enforce it in the future.

17.4 Assignment

You may not assign your rights or obligations under these Terms without LixenAI's prior written consent. LixenAI may assign freely.

17.5 Force Majeure

LixenAI is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.

17.6 Notices

All legal notices shall be sent to legal@lixen.ai (for LixenAI) or to the email address on your account (for you).