These Terms and Conditions ("Terms") govern your access to and use of the CXWizard website, platform, and services ("Services") provided by CXWizard LLC ("CXWizard", "we", "us", or "our"). By using the Services, you agree to be bound by these Terms.
If you do not agree to these Terms, do not use CXWizard.
1. Use of Services
You must:
- Be at least 18 years old
- Provide accurate and complete information when registering
- Use the Services only for lawful, business-related purposes
You are responsible for:
- Ensuring your messaging platform accounts (WhatsApp Business, Instagram Messenger) are properly configured and approved by Meta
- Managing permissions and authorizations within your business accounts
- Ensuring your end-users are informed and compliant with applicable data privacy and communication laws
2. Account Registration
To use CXWizard, you must create an account and connect your messaging platform accounts (WhatsApp Business, Instagram Messenger) and/or integration services (such as Calendly or Shopify). You agree to keep your login credentials secure and are responsible for all activities under your account.
3. Service Description
CXWizard provides a platform that:
- Enables AI agent automation via direct integrations with WhatsApp Business, Instagram Messenger, Calendly, Shopify, website widgets, and other supported channels through third-party APIs
- Allows you to manage conversations, view contacts, and monitor interactions across multiple messaging channels
- Stores conversation history and contact information on your behalf
4. Artificial Intelligence Services
CXWizard uses artificial intelligence and large language models, including through third-party providers such as OpenAI, to generate responses, automate communications, and support other platform features.
You acknowledge and agree that:
- AI-generated outputs may be inaccurate, incomplete, misleading, offensive, outdated, or unsuitable for a particular purpose
- You are solely responsible for reviewing, validating, approving, and monitoring AI-generated content before relying on it or sending it to end users
- AI-generated outputs do not constitute legal, financial, medical, tax, compliance, or other professional advice
- CXWizard is not liable for decisions, actions, or outcomes based on AI-generated outputs or your use of AI features
5. Acceptable Use and Restrictions
You agree NOT to use the Services to:
- Send spam, unsolicited messages, or bulk messaging in violation of applicable law or platform policies
- Engage in fraud, deceptive practices, phishing, or impersonation
- Harass, threaten, abuse, or discriminate against others, or distribute hate speech
- Conduct or facilitate illegal activity
- Infringe intellectual property or other proprietary rights
- Collect or process data without proper authorization or lawful basis
- Transmit unlawful, harmful, or sensitive personal data (e.g., health, financial, or confidential government information) except where expressly permitted and lawful
- Send misleading AI-generated communications or present AI outputs as human-authored where doing so would be deceptive or unlawful
- Attempt to reverse-engineer, decompile, scrape, or disrupt the platform
- Use the Services in a way that violates Meta's, OpenAI's, WhatsApp's, or any other third-party provider's terms or policies
- Resell or sublicense access to the platform without written permission
6. Customer Compliance Obligations
As a business customer using CXWizard, you are solely responsible for:
- Obtaining all required notices, permissions, and consents from end users before collecting, processing, or messaging them through the platform
- Complying with applicable privacy, data protection, marketing, telecommunications, and consumer protection laws
- Complying with WhatsApp, Meta, and other messaging platform policies, including opt-in, template, and messaging window requirements
- Maintaining lawful grounds for processing personal data submitted to or processed through the Services
- Ensuring that messages, campaigns, automations, and AI-generated content sent through the platform are lawful, accurate, and appropriate for your audience
- Your communications with end users and any commitments, offers, or representations made through the platform
7. No Guarantee of Results
CXWizard provides tools to help businesses communicate and automate customer interactions. We do not guarantee any particular business outcome. Without limiting the foregoing, CXWizard does not guarantee:
- Sales, leads, conversions, or revenue
- Appointment bookings or attendance
- Customer satisfaction or retention
- Marketing performance, reach, or engagement
- Any specific business, operational, or financial result
8. Data and Privacy
We collect and process data as described in our Privacy Policy, including:
- Information you provide (business info, account details, and integration connection information)
- Message content and metadata from conversations processed via the platform across connected channels
- Contact information of your end users from messaging platforms and integrated services
You retain ownership of your customer data. By using the Services, you grant us a limited license to host, process, transmit, and display this data solely to provide, maintain, secure, and improve the Services.
You represent that you have all rights and authority necessary to submit customer content and data to CXWizard and to permit us to process it on your behalf.
9. Fees and Payment
CXWizard may offer paid plans. If applicable:
- Payment is billed monthly or annually, depending on your chosen plan
- Payments may be processed by third-party payment processors such as Stripe
- Subscription fees are non-refundable except as required by law or as expressly stated
- You may cancel your subscription at any time via your account settings; cancellation will take effect at the end of the billing cycle
We reserve the right to change pricing with reasonable advance notice.
10. Third-Party Services
CXWizard integrates with and relies on third-party services, which may include:
- Meta, WhatsApp, and Instagram (messaging and business APIs)
- OpenAI (AI and language model functionality)
- Calendly (scheduling)
- Shopify (e-commerce integrations)
- Stripe and other payment processors
- Cloud hosting and infrastructure providers
- Analytics and advertising tools
Your use of third-party services is subject to their own terms and policies. CXWizard does not control and is not responsible for third-party services, including any interruptions, outages, policy changes, suspensions, terminations, rate limits, or actions taken by those providers.
11. Force Majeure
CXWizard will not be liable for any delay or failure to perform resulting from events outside our reasonable control, including internet or telecommunications outages, third-party service failures, OpenAI outages, Meta or WhatsApp outages, cloud infrastructure failures, cyberattacks, labor disputes, government actions, natural disasters, or other force majeure events.
12. Availability, Modifications, and Beta Features
We strive to maintain reliable service but do not guarantee uninterrupted or error-free access. We may, at any time:
- Modify, suspend, or discontinue any part of the Services
- Add, change, or remove features, with or without notice
- Suspend or terminate access for violations of these Terms
- Offer beta, preview, or experimental features that may be incomplete, change without notice, or be discontinued
Beta or experimental features are provided "as is" without warranties of any kind, and your use of them is at your own risk.
13. Intellectual Property
All rights, title, and interest in and to the Services, including software, branding, documentation, and platform design, remain the exclusive property of CXWizard LLC and its licensors. Except for the limited rights expressly granted in these Terms, no rights are transferred to you. You may not copy, modify, distribute, sell, lease, or create derivative works based on our intellectual property without our prior written consent.
You retain ownership of your content and customer data. You grant CXWizard a worldwide, non-exclusive license to use, host, reproduce, and display your content solely as necessary to operate and improve the Services.
14. Confidentiality
Each party may receive non-public business, technical, or product information from the other. The receiving party will use such information only as needed to perform under these Terms and will protect it using reasonable care. This obligation does not apply to information that is publicly available, independently developed, or lawfully obtained from a third party without restriction.
15. Indemnification
You will defend, indemnify, and hold harmless CXWizard LLC and its officers, directors, employees, contractors, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your content, data, instructions, or configurations
- Your misuse of the Services
- Your violation of these Terms or applicable law
- Privacy, data protection, or messaging consent violations
- Intellectual property infringement arising from your content or use
- Your communications with end users through the platform
CXWizard may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You will not settle any matter without our prior written consent if the settlement imposes obligations on CXWizard.
16. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CXWIZARD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CXWIZARD WILL NOT BE LIABLE FOR ANY:
- Lost profits, revenue, business opportunities, or goodwill
- Loss of data or business interruption
- Indirect, incidental, consequential, special, exemplary, or punitive damages
CXWIZARD'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO CXWIZARD FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
17. Termination
We may suspend or terminate your access to CXWizard at any time for:
- Breach of these Terms
- Illegal activity or abuse of the platform
- Non-payment (for paid users)
- Risk to the platform, other users, or third-party providers
You may terminate your account at any time through your dashboard by deactivating your account.
When you deactivate your account, your access ends. Permanent deletion of your data is completed after thirty (30) days, as described in our Privacy Policy.
18. Governing Law, Dispute Resolution, and Arbitration
These Terms are governed by the laws of the State of Wyoming, without regard to conflict of laws principles. Subject to the arbitration provisions below, you and CXWizard agree to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming for any dispute not subject to arbitration.
Except for qualifying small claims court matters or claims seeking injunctive relief for intellectual property misuse, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in Wyoming or remotely, as determined by the arbitrator. The arbitrator's decision will be final and binding.
YOU AND CXWIZARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
19. General Provisions
- Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
- Entire Agreement: These Terms, together with our Privacy Policy and any order or plan terms accepted by you, constitute the entire agreement regarding the Services.
- No Waiver: Failure to enforce any provision is not a waiver of that provision or any other right.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
- Survival: Provisions that by their nature should survive termination will survive, including indemnification, disclaimers, limitation of liability, governing law, and dispute resolution.
- Electronic Communications: You consent to receive communications from us electronically, including notices, agreements, and disclosures.
- Export Compliance: You may not use or export the Services except as authorized by U.S. law and applicable local laws. You represent that you are not located in a country subject to U.S. embargo and are not listed on any U.S. government restricted-party list.
20. Copyright Complaints (DMCA)
If you believe content on the Services infringes your copyright, please send a notice to support@cxwizard.app including:
- Identification of the copyrighted work claimed to be infringed
- Identification of the material claimed to be infringing and its location
- Your contact information
- A statement of good faith belief that the use is not authorized
- A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the owner
- Your physical or electronic signature
We may remove or disable access to allegedly infringing material and may terminate accounts of repeat infringers where appropriate.
21. Changes to Terms
We may update these Terms periodically. Changes will take effect upon posting the updated Terms on our website. Continued use of the Services after changes constitutes acceptance.
22. Contact
For questions about these Terms, please contact:
- CXWizard LLC
- Email: support@cxwizard.app
- Website: cxwizard.app