Terms and Conditions
These are individuals, such as employees or approved contractors, who have been given permission by the Customer to utilize the services provided.
This term refers to any legal assertion, as outlined in section 11(E) of the agreement.
Refers to the entity operating under the name of Mystrixa, specializing in marketing automation services.
Any individual or entity that has been granted access to the services through a formal agreement with Mystrixa.
All information or data provided by the Customer to Mystrixa for the purpose of utilizing the services.
The obligations and responsibilities of the Customer with regards to indemnification, as specified in section 11(B) of the agreement.
Refers to the user manuals, guides, and other related materials provided by Mystrixa to the Customer, offering guidance on the use of the services.
The party entitled to indemnification, as outlined in section 11(E) of the agreement.
The party responsible for providing indemnification, as outlined in section 11(E) of the agreement.
Any contractual arrangement between the Customer and Mystrixa, which may include an Order Form, Renewal Order Form, or other formal agreement governed by these Terms and Conditions.
The specific marketing automation services provided by Mystrixa to the Customer, as detailed in the Agreement.
Refers to the duration specified in the Agreement, outlining the period during which the services will be provided.
Includes any usage-related information and statistics collected by Mystrixa through the Customer's utilization of the services.
Welcome to Mystrixa, a leading provider of marketing automation solutions designed to streamline and optimize your marketing efforts. By accessing and utilizing our services, you agree to be bound by the following Terms and Conditions, which govern the use of our platform and related services. Please read these Terms and Conditions carefully before proceeding to use our services. If you do not agree with any part of these Terms and Conditions, you may not access or use our services.
By accessing or using the services provided by Mystrixa, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any additional terms and policies referenced herein or provided to you by Mystrixa. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions, in which case the terms "Customer" or "you" shall refer to such entity.
Mystrixa provides marketing automation services to assist businesses in streamlining their marketing processes, enhancing efficiency, and maximizing the impact of their marketing campaigns. Our services include but are not limited to
In order to access and utilize our services, you may be required to register for an account with Mystrixa. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated at all times. You are solely responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. Mystrixa reserves the right to suspend or terminate your account if any information provided during the registration process is found to be inaccurate, misleading, or incomplete.
As part of our services, you may be required to provide certain information or data to Mystrixa, which may include but is not limited to customer contact information, email lists, marketing content, and other relevant data ("Customer Data"). You retain ownership of all Customer Data submitted to Mystrixa and grant Mystrixa the right to use, modify, reproduce, distribute, and display such Customer Data solely for the purpose of providing the services to you. Mystrixa agrees not to disclose or use Customer Data for any purpose other than providing the services to you, except as required by law or as otherwise permitted under these Terms and Conditions.
As a Customer of Mystrixa, you agree to:
The fees for Mystrixa's services are set forth in the Agreement and are payable in accordance with the terms specified therein. Unless otherwise specified in the Agreement, all fees are due and payable in advance on a monthly or annual basis, as indicated in the pricing plan selected by the Customer. Mystrixa reserves the right to change the fees for its services at any time upon thirty (30) days' notice to the Customer. Failure to pay any fees when due may result in the suspension or termination of your account and access to the services.
Mystrixa retains all rights, title, and interest in and to its services, including all related intellectual property rights. You acknowledge that Mystrixa's services and any related documentation are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying Mystrixa's services or documentation.
Each party agrees to maintain the confidentiality of all non-public information disclosed by the other party that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, should reasonably be considered confidential ("Confidential Information"). Neither party shall use or disclose any Confidential Information of the other party for any purpose other than as necessary to perform its obligations under these Terms and Conditions.
You agree to indemnify, defend, and hold harmless Mystrixa and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the services, your violation of these Terms and Conditions, or your violation of any rights of any third party.
In no event shall Mystrixa or its officers, directors, employees, agents, or affiliates be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including without limitation lost profits, lost revenue, lost data, or other economic loss, arising out of or in connection with your use of the services, even if Mystrixa has been advised of the possibility of such damages.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of [Your State], without giving effect to any choice of law or conflict of law provisions. Any legal action or proceeding arising out of or in connection with these Terms and Conditions shall be brought exclusively in the federal or state courts located in [Your County], [Your State], and each party irrevocably submits to the jurisdiction and venue of such courts.
Mystrixa reserves the right to modify or update these Terms and Conditions at any time, in its sole discretion. Any changes to these Terms and Conditions will be effective immediately upon posting the revised terms on Mystrixa's website. By continuing to access or use the services after any such changes, you agree to be bound by the revised Terms and Conditions. If you do not agree to the revised Terms and Conditions, you must stop using the services.
If you have any questions or concerns about these Terms and Conditions, please contact us
These Terms and Conditions, together with any additional terms or policies referenced herein or provided to you by Mystrixa, constitute the entire agreement between you and Mystrixa with respect to the subject matter hereof and supersede all prior or contemporaneous understandings and agreements, whether written or oral, relating to such subject matter.
If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect to the fullest extent permitted by law.
The failure of Mystrixa to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Mystrixa.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of Mystrixa. Mystrixa may freely assign or transfer its rights and obligations under these Terms and Conditions without restriction.
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
In the event of a breach of this Agreement by you, including but not limited to a failure to pay as required by this Agreement, we may terminate this Agreement with five days’ notice to you. Upon breach that is not cured by you within that five-day notice period, we shall be entitled to damages or injunctive relief as permitted by applicable law, including but not limited to reasonable attorneys’ fees, costs of collection, and out-of-pocket costs (collectively, “Costs”). If you fail to satisfy any of the terms of this Agreement, we shall also have the right to discontinue service and demand payment (including a demand for Costs) from you for the full term of this Agreement. We may deny further access to the Services to you without any liability. The remedies set forth herein may apply cumulatively and are not exclusive.
By Us: If any action is instituted by a third party against you based upon a claim that the Services, as delivered without modification and used as specified in all applicable documentation, infringe any third party’s U.S. intellectual property rights, we will defend such action at our own expense on your behalf and will pay all damages attributable to such claim which are finally awarded against you or paid in settlement. Exceptions: Paragraph 11(A) will not apply if the alleged claim arises, in whole or in part, from (i) a use or modification of the Service by you in a manner inconsistent with any applicable Documentation, or outside the scope of any right granted or in breach of this Agreement, (ii) a combination, operation, or use of the Service with other software, hardware, or technology not specifically authorized by us, or (iii) your data (the “Customer Indemnity Responsibilities”). Infringement or Likely Infringement: If all or a portion of the Services is enjoined or, in our determination, is likely to be enjoined or otherwise infringing, we may, at our option and expense, (i) procure for you the right to continue using the Services, (ii) replace or modify the Services so that they are no longer infringing but continue to provide comparable functionality, or (iii) terminate your access to the Services and refund any amounts previously paid for the Services attributable to the remainder of the then-current term. This section sets forth the entire obligation of ours and your exclusive remedy against us for any claim that the Services infringe a third party’s intellectual property rights.
By You: If any action is instituted by a third party against us or our affiliates (collectively the “Our Company Indemnitees”) relating to (i) your negligent or willful misconduct in respect of the matters contemplated by this Agreement, (ii) your or your authorized users’ use of the Services or Documentation in a manner not authorized or contemplated by this Agreement, (iii) use of any version of the Service other than the most current version of the Services and Documentation delivered by us to you, (iv) misuse of your passwords or access codes, or (v) your Customer Indemnity Responsibilities, you will defend such action at your own expense on the Our Company Indemnitees’ behalf and will pay all damages attributable to such claim which are finally awarded against the Our Company Indemnitees or paid in settlement of such claim, except to the extent arising from Our Company Indemnitees’ willful misconduct or gross negligence. This subsection will not apply to the extent that we have any indemnification obligation with respect to such claim pursuant to Section 11(A).
We may use any name, trademark, logo, or trade name of yours (or any contraction, abbreviation, adaptation, or other variant thereof), or the name or likeness of any of your employees or staff, in any news/press/publicity release, advertising, publication, promotional material, or other commercial communication.
COMPANY Right to Subcontract: We may subcontract any aspect of our obligations under this Agreement to qualified third parties; provided that any such subcontracting arrangement will not relieve us of any of our obligations hereunder.
Independent Contractors: The relationship arising from this Agreement does not constitute or create any joint venture, partnership, employment relationship or franchise between them, and the Parties are acting as independent contractors in making and performing this Agreement.
Except as allowed under applicable U.S. Government export laws and regulations, no technical data, hardware, software, technology, or other information furnished under this Agreement by either Party shall be disclosed to any foreign person, firm, or country, including foreign persons employed by or associated with you. Furthermore, both Parties shall not allow any re-export of any technical data, hardware, software, technology, or other information furnished, without first complying with all applicable U.S. Government export laws and regulations. Each Party shall indemnify, defend, and hold the other Party harmless from and against any and all claims, demands, actions, suits, proceedings, losses, damages, penalties, obligations, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising directly or indirectly from breaches of this provision by the other Party.
Except as specifically set forth herein, you agree that it is your responsibility to determine if the Services are considered taxable in any state or location in which the Services are being used, as defined by the individual state taxing authority in that state or location. You agree that it is not our responsibility to notify you of the taxability of the Services.