Exydio Terms of Service

These Terms of Service govern access to and use of the websites, applications, subscriptions, artificial intelligence tools, communications services, and related products provided by Exydio, Inc. (Exydio, we, us, or our). These offerings are collectively the Services. Customer, you, and your mean the person or legal entity accepting these Terms. Your employees, contractors, and other authorized account users are Authorized Users.

By affirmatively accepting these Terms during registration, checkout, or an order process that identifies these Terms, you agree to be bound by them. If you accept for an organization, you represent that you have authority to bind it. You must be at least 18 years old and legally able to enter into a contract. If you do not agree, do not activate or purchase the Services.

The Services are intended primarily for business use. These Terms do not eliminate consumer rights that apply to a particular customer or transaction. These Terms take effect for you when you accept them and do not retroactively change rights concerning earlier charges or events.

Your accepted checkout, subscription selection, or written order identifies your purchased features, billing period, fees, usage allowances, and any specific commitments. A separately signed agreement controls over these Terms to the extent of an express conflict. An accepted order controls its specific commercial details; these Terms govern other matters. A data processing agreement controls its subject matter if one is executed.

Depending on your plan, the Services may include AI website creation, AI voice agents, telephone and messaging tools, scheduling, customer relationship management, payment integrations, and workflow automation. Availability depends on your plan, location, configuration, and relevant providers. Statements about planned features are not commitments to deliver them. No service level, revenue result, lead volume, conversion rate, or uninterrupted availability is guaranteed unless expressly stated in a signed agreement.

We may maintain, improve, or modify the Services. If we materially reduce core functionality you purchased during a prepaid term, we will offer a substantially equivalent alternative or permit termination of the affected Services with a proportional refund for the unused prepaid period. This remedy is separate from the ordinary refund window in Section 6.

Provide accurate registration and billing information and keep it current. You are responsible for managing Authorized Users, protecting account credentials, configuring appropriate access, and promptly notifying us of suspected compromise. You are responsible for activity you authorize and for unauthorized activity attributable to your failure to use reasonable safeguards, but not for activity caused by Exydio’s own breach of its obligations.

Use only payment methods you own or are authorized to use. We may request reasonable information to verify authority, investigate fraud, or locate an account. Do not send full card numbers, card security codes, passwords, or sensitive identity documents through ordinary support messages.

Separate legitimate business accounts are permitted when supported by your plan. Creating multiple identities, email addresses, or accounts to obtain repeated trials, evade limits, conceal abuse, or manipulate referral payments is prohibited. Multiple accounts alone do not establish misconduct.

You agree to pay the fees disclosed and accepted at purchase, including applicable taxes and any separately authorized usage charges. Subscription fees are charged in advance unless your order states otherwise. Metered usage may be charged in arrears or deducted from purchased credits as disclosed at purchase. We will disclose mandatory charges before you complete an order.

By separately authorizing recurring billing at checkout, you authorize Exydio and its payment processors to charge your selected payment method for the disclosed subscription amount and frequency, applicable taxes, and usage charges you authorize. Acceptance of these Terms alone does not substitute for a separate consent required by law. We will provide a confirmation of your subscription terms and cancellation instructions in a form you can retain.

You must maintain a valid payment method. A failed payment does not itself cancel a subscription. We may retry a validly authorized unpaid charge and, after notice and a reasonable opportunity to resolve the failure, suspend affected Services. No undisclosed late fee or collection penalty is authorized by these Terms. You remain responsible for valid charges accrued before cancellation, subject to Section 6 and applicable law.

A recurring subscription renews for the billing period disclosed at checkout until canceled. The recurring amount, renewal frequency, next charge date, trial end date when applicable, and cancellation method must be disclosed before consent. A trial converts to a paid subscription only if that conversion and its price were disclosed and you provided the required authorization.

You may cancel renewal at any time through the subscription or billing controls in your account. For subscriptions purchased online, we will provide an online cancellation method without requiring you to call or speak with a representative. If the account controls are unavailable or you cannot access your account, send a cancellation request through the support contact provided in your account or billing receipt. We will use reasonable verification without imposing unnecessary barriers.

Cancellation stops future renewals once submitted successfully through the account controls or received through the designated support channel. We will confirm cancellation. Support processing delays do not extend your billing obligation. A renewal charged after a timely cancellation will be reversed. Except when a refund ends access earlier, you may continue using the paid Services through the end of the canceled billing period.

Cancel before the next disclosed charge time to avoid a renewal charge. Merely stopping use, removing an application, or disconnecting an integration does not cancel a subscription. A completed account-closure request also cancels subscriptions associated with that account. Separate accounts must be identified so we can locate and cancel their subscriptions; you do not need to remember a password to request assistance.

We will provide reminders, annual subscription notices, trial notices, and price-change notices when required by applicable law. Unless a longer period is required, subscription price increases require at least 30 days’ advance notice and take effect no earlier than the next renewal after that notice period. You may cancel before the increase takes effect. No renewal or charge is permitted when fresh consent is legally required until that consent is obtained.

Refund window. You may request a refund of a payment collected by Exydio through 11:59 p.m. Pacific Time on the second calendar day after the date of that charge. The charge date is day zero; the next calendar date is day one; the following calendar date is day two. Pacific Time means the America/Los_Angeles time zone, including applicable daylight saving time. Saturdays, Sundays, and public holidays count. This is a calendar-day deadline, not a business-day deadline and not a rolling 48-hour period.

Example. If a payment is charged on Friday, the deadline is 11:59 p.m. Pacific Time on Sunday. If a payment is charged on Monday, the deadline is 11:59 p.m. Pacific Time on Wednesday.

Coverage. This window applies separately to each initial subscription payment, automatic renewal, trial-conversion payment, upgrade, add-on, credit purchase, and other payment collected by Exydio for the Services. A timely request entitles you to a refund of the identified payment, including applicable taxes, without an Exydio processing deduction. A later payment does not reopen the refund window for an earlier payment. Charges paid directly to an independent third party are governed by that party’s terms and applicable law.

How to request. Submit an unambiguous refund request through the support contact shown in your account or billing receipt. Include the account email if known, payment date, amount, and invoice or transaction identifier if available. If you cannot identify the account, provide enough information for us reasonably to locate the payment. Your request is timely based on its initial submission or receipt timestamp, not when our team responds. Reasonable follow-up verification may occur after the deadline without invalidating a timely request. A request to cancel and refund counts as both requests; cancellation alone is not a refund request.

After the deadline. After the two-calendar-day window expires, payments are nonrefundable, except for the express remedies in these Terms, an applicable written agreement, or rights required by law. We do not provide ordinary refunds or prorated credits for unused time, nonuse, forgotten renewals, a change of mind, or cancellation after the deadline. This restriction does not validate an unauthorized charge or override a right that cannot lawfully be waived.

Processing and access. We will initiate an eligible refund within 10 business days after receiving information reasonably needed to identify and verify it, or sooner if required by law. The receiving bank or payment provider controls when funds become available. Refunds are returned to the original payment method where possible. A refund of a subscription payment cancels renewal of that subscription and ends access for the refunded period; a refund of an add-on or credit purchase removes the corresponding entitlement. Business days are used only for this processing estimate, not for eligibility.

Billing errors and protected rights. Duplicate charges, charges without valid authorization, and charges taken after effective cancellation are subject to investigation and correction regardless of the ordinary refund deadline. Nothing here limits statutory withdrawal rights, remedies for defective or undelivered Services, or good-faith disputes with a bank, card network, regulator, or payment provider. We do not require you to waive those rights or withdraw a valid dispute to obtain assistance. Any discretionary exception we grant does not change the policy for other payments.

Use the Services within the seats, locations, minutes, messages, storage, API requests, concurrency, and other allowances disclosed for your plan. Credit consumption rates, reset schedules, and any expiration of purchased or promotional credits must be disclosed before the relevant purchase or grant. We will not retroactively change the value or expiration of credits already purchased. Credits are service entitlements, not a bank account or transferable currency; their refund treatment is governed by Section 6 and mandatory law.

Fair use means legitimate use consistent with your purchased plan that does not materially impair shared infrastructure, bypass technical controls, or create disproportionate security or operational risk. It prohibits artificial traffic, repeated automated loops, account pooling to evade purchased seats, unauthorized resale, cryptomining, denial-of-service activity, and deliberate circumvention of quotas or throttling. Ordinary increases in legitimate business activity are not, by themselves, abuse.

A feature described as unlimited remains subject to disclosed technical constraints and these anti-abuse rules. We will not impose an undisclosed numerical quota retroactively or charge an undisclosed overage. Additional paid capacity or an upgrade requires your authorization unless it is already covered by an accepted metered billing arrangement.

Where practical, we will explain a material usage concern and allow a reasonable opportunity to reduce load or select a suitable plan before restricting access. We may immediately rate-limit or suspend the affected activity when reasonably necessary to prevent active abuse, security harm, unlawful activity, or material service disruption. Restrictions will be proportionate and reviewed when the issue is resolved.

Do not use the Services to violate law or another person’s rights; distribute malware; obtain unauthorized access; steal credentials; commit fraud; impersonate others deceptively; send unlawful spam; facilitate exploitation or abuse; publish unlawful threats or unlawful discriminatory content; or collect personal information without a lawful basis.

Do not reverse engineer the Services except where applicable law expressly permits it, remove proprietary notices, bypass access controls, or extract confidential system instructions, model parameters, or other protected components. You may not resell platform access unless we authorize it in writing. These restrictions do not prohibit lawful interoperability activities or the export of your own information.

Do not clone or synthesize a person’s voice or likeness without the rights and permissions needed for that use. Do not use AI outputs to misrepresent identity, consent, endorsements, qualifications, or transaction approvals. We may investigate suspected violations using information reasonably necessary for security and enforcement and disclose information when legally required.

AI outputs may be inaccurate, incomplete, biased, nonunique, or unsuitable for a particular purpose. You are responsible for reviewing material outputs before publication or reliance and for checking facts, prices, availability, promises, and instructions supplied to customers. The Services do not provide professional legal, medical, financial, or other regulated advice.

You control the permissions, prompts, business rules, and integrations that authorize automated actions. Enable human review where errors could materially affect a person, payment, booking, or business obligation. An agent’s ability to generate text or speech does not grant it independent legal authority to bind another person. You remain responsible for commitments made within the authority you grant, subject to Exydio’s responsibility for its own breach.

Do not use the Services as the sole basis for decisions producing legal or similarly significant effects concerning employment, housing, credit, insurance, healthcare, education, or other regulated eligibility. Do not use them for emergency response, life-critical operations, or safety-critical control. Disclose AI interaction when required by law and do not configure the Services to deceive people into believing an automated system is a specific human.

You are responsible for the lawful basis, permissions, notices, and consents needed for calls, texts, emails, recordings, transcriptions, and AI-generated communications you initiate or configure. Applicable requirements may include telemarketing laws, do-not-call rules, calling-hour restrictions, sender identification, recording consent, and opt-out processing. Possession of a phone number or email address alone does not establish permission to contact that person.

Maintain appropriate consent records, honor revocations and suppression requests, and configure campaigns accordingly. Do not assume that a purchased lead list, a provider’s approval, or an Exydio feature establishes legal compliance. Exydio may block unlawful traffic or traffic rejected under applicable carrier requirements. Responsibility allocated to you does not excuse Exydio from laws that independently apply to it.

Telephone numbers and message delivery depend on carriers, registration requirements, availability, and third-party rules. Number assignment does not grant ownership. Porting is subject to applicable rules and provider processes. Request any available port-out before terminating a number-dependent service; termination may result in loss or reassignment of a number after applicable retention requirements. Exydio communications features are not a replacement for emergency calling or a reliable means of reaching emergency services.

You retain your rights in information, websites, business materials, recordings, messages, prompts, and other content you provide or generate through your account, collectively Customer Content. You represent that you have the rights necessary to submit it and authorize its processing. To the extent permitted by law and to the extent Exydio holds transferable rights in AI output generated specifically for you, Exydio assigns those rights to you. This does not transfer Exydio technology, third-party materials, or rights held by others, and does not guarantee that output is copyrightable, exclusive, or free of infringement.

You grant Exydio a nonexclusive, limited license to host, copy, transmit, format, and otherwise process Customer Content as reasonably necessary to provide, maintain, secure, and support the Services and carry out your instructions. This license continues after termination only as needed for permitted retention, legal obligations, and deletion processes. It does not grant a general right to sell your Customer Content or use it in public advertising.

Exydio and its licensors retain all rights in the platform, software, models, interfaces, designs, documentation, and other underlying technology. During an active subscription, you receive a limited, nonexclusive, nontransferable right to access the purchased Services for your authorized operations. Third-party components remain subject to their applicable licenses. You may voluntarily provide feedback; we may use it without payment or attribution, without acquiring rights in your confidential information.

Each party must comply with privacy and data protection laws applicable to its role. Exydio’s privacy notice describes its personal-information practices and must be made available through the Services. Where Exydio processes personal information on your behalf, you determine the lawful purposes and instructions, and any applicable data processing agreement governs that processing. These Terms do not replace a required data processing agreement or authorize processing prohibited by law.

Exydio will use reasonable administrative, technical, and organizational safeguards appropriate to the Services. No system can guarantee absolute security. Each party will promptly notify the other of security incidents when required by law or an applicable data processing agreement and reasonably cooperate on mitigation. You must minimize submitted personal information and use appropriate account security.

Do not submit protected health information, full payment-card data outside approved payment fields, government identification documents, or similarly sensitive regulated data unless Exydio has expressly agreed in writing to support that use and all required agreements and safeguards are in place. The availability of a feature alone does not establish suitability for a regulated use.

Exydio will not use your nonpublic Customer Content to train general-purpose AI models unless you separately opt in. Service delivery may require processing by AI, hosting, communications, and other providers under applicable data arrangements. Any optional use for model training must be separately disclosed and authorized; acceptance of these Terms is not that authorization.

Each party will protect the other’s nonpublic business, technical, and customer information using reasonable care, use it only to perform this agreement, and disclose it only to people and providers who need it and are bound by appropriate confidentiality obligations. This does not cover information independently developed, lawfully received without restriction, or public without breach. Legally compelled disclosure is permitted, with prior notice where lawful and practicable.

Integrations, payment processors, domain registrars, model providers, carriers, and other independent services may have separate terms and fees. You authorize data exchange necessary for integrations you enable. We are not responsible for an independent provider’s acts beyond our reasonable control, but remain responsible for our own contractual obligations and any obligations applicable to our subprocessors.

Unless a separate written agreement says otherwise, you are the seller or service provider in transactions with your customers. You are responsible for your offers, prices, fulfillment, taxes, customer notices, disputes, and refund policies. Section 6 governs payments to Exydio; it does not determine refunds your customers may be entitled to receive from you. Payment processing availability does not guarantee transaction approval or settlement.

Discounts, trial offers, referral incentives, and credits are governed by the specific terms disclosed with the offer. Do not fabricate customers, self-refer where prohibited, use unauthorized payment methods, create sham transactions, or coordinate accounts to obtain unearned compensation. We may withhold disputed incentives while reasonably investigating suspected manipulation and reverse incentives established to be unearned, subject to applicable law. Legitimately earned amounts remain payable under the relevant program terms.

You may terminate by canceling the applicable subscriptions and requesting account closure. We may suspend or terminate affected Services for a material breach not cured within 10 days after notice, or immediately for unlawful use, active security threats, fraud, or a binding legal requirement where delay would create material risk. We will explain the reason where lawful and practicable and provide a reasonable means to contest an error.

We may end Services for convenience on at least 30 days’ notice. If we terminate without your material breach, permanently discontinue prepaid Services, or fail to cure a material breach of this agreement within 30 days after your written notice, you may obtain a proportional refund of unused prepaid fees for the affected Services. These remedies are exceptions to Section 6’s ordinary deadline.

Suspension does not automatically authorize additional renewal charges. We will not renew a suspended subscription without restoring service or obtaining your express authorization. On termination, your right to use the affected Services ends and undisputed charges already validly incurred remain payable, subject to applicable refund rights.

Export your Customer Content before access ends. On a request made within 30 days after termination, we will provide a reasonable opportunity to obtain available Customer Content in a commonly used format, unless prohibited by law or materially unsafe. Hosting, phone connectivity, and live integrations need not continue during that period. Thereafter we may delete content, subject to applicable retention requirements. Backups and limited records may remain for lawful security, accounting, dispute, and compliance purposes under the applicable privacy notice and data processing agreement.

Exydio will provide the Services with reasonable care and skill. Except for express commitments in these Terms or a signed agreement, and to the maximum extent permitted by law, the Services and AI outputs are provided as available, without implied warranties of merchantability, fitness for a particular purpose, title, or noninfringement. We do not warrant error-free operation or particular business outcomes. These disclaimers do not exclude mandatory warranties, excuse fraud, or override an express refund or other remedy stated in these Terms.

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, or business opportunities arising from this agreement, even if advised of the possibility. This exclusion does not eliminate direct damages merely because they involve data restoration or business interruption.

To the maximum extent permitted by law, each party’s total aggregate liability arising from this agreement will not exceed the greater of US $100 or the amounts you paid or were payable to Exydio for the affected Services during the 12 months preceding the event giving rise to the claim. Related claims are aggregated and do not create separate caps.

These exclusions and caps do not limit fraud, willful misconduct, gross negligence, death or personal injury where liability cannot be limited, your infringement or misappropriation of Exydio’s intellectual property, or liabilities that applicable law prohibits limiting. Your valid payment obligations, Exydio’s refund obligations, and the defense and indemnity obligations in Section 18 are not reduced by the cap. Nothing here limits mandatory consumer remedies.

If you are a business customer, you will defend Exydio and its personnel against a third-party claim arising from your unlawful Customer Content, communications sent without required consent, infringement by materials you supply, or material violation of Section 8, and indemnify them for resulting court-awarded damages or approved settlement amounts and reasonable defense costs. This obligation applies only to the extent caused by your conduct or that of your Authorized Users and does not cover claims caused by Exydio’s breach, negligence, or misconduct.

Exydio must promptly notify you of a covered claim, reasonably cooperate at your expense, and allow you to control the defense with competent counsel. Late notice reduces your obligation only to the extent it materially prejudices the defense. You may not settle a claim in a way that admits fault by Exydio, imposes nonmonetary obligations on it, or fails to release it fully without its prior written consent, not to be unreasonably withheld.

The laws of the State of Delaware, excluding conflict-of-law rules, govern these Terms, except that mandatory protections of another applicable jurisdiction remain available. For disputes that may lawfully be subject to a contractual venue provision, the state and federal courts located in Delaware have exclusive jurisdiction and each party consents to them. Consumers retain any nonwaivable right to bring proceedings in their home jurisdiction or an eligible small claims court.

Before filing a claim, either party may request an informal resolution by providing a description of the dispute and the relief sought through the contact channels in Section 21. The parties will try in good faith to resolve it. This voluntary process does not prevent urgent relief, regulatory complaints, payment disputes, or filing needed to preserve a deadline. These Terms do not impose mandatory arbitration or a class-action waiver.

We may update these Terms prospectively. Material changes will be communicated at least 30 days before taking effect unless law or an urgent security need requires a shorter period. Changes to fees follow Section 5. We will obtain affirmative acceptance where required, and a posted update alone does not supply legally required consent. Changes do not apply retroactively to accrued claims or existing payment disputes. If you decline a material change, you may cancel before it takes effect; prepaid commitments remain governed by the accepted terms through their current term unless you agree otherwise.

These Terms and the applicable accepted orders and signed agreements form the agreement concerning the Services. Neither party may transfer this agreement without the other’s consent, except to a successor in a merger, reorganization, or sale of substantially all relevant assets that assumes the obligations. No assignment may reduce mandatory customer rights. The parties are independent contractors.

A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited only to the extent legally permitted and necessary, or severed, and the remaining provisions continue. Events beyond a party’s reasonable control may excuse affected performance while the event continues if that party takes reasonable mitigation steps; they do not authorize charges for unprovided Services contrary to these Terms or eliminate mandatory refunds.

Provisions that by their nature must continue after termination, including accrued payment obligations, applicable refunds, intellectual property, confidentiality, liability limits, dispute terms, and lawful data-retention obligations, survive to the extent necessary. No third-party beneficiary is created except for expressly protected parties under Section 18.

For subscription cancellation, refunds, billing issues, privacy inquiries, complaints, or formal notices, use the Exydio support contact made available in your account or on your billing receipt. Identify the subject and provide sufficient account information for us to respond. We will maintain an accessible support contact for these purposes, including for customers who cannot sign in.

Exydio may send operational and contractual notices to the account email you provide or through the Services, with email or another legally sufficient direct notice for material changes. Keep your contact information current. Consent to operational notices is not consent to optional marketing. Electronic records and affirmative electronic acceptance may be used to the extent permitted by law.

The terms of our SMS appointment-notification program are published on their own page: SMS Terms & Conditions.