Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the websites, products, and services (collectively, the “Services”) provided by Context MX Software™, Inc. (“Context”, “we”, “us”, or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.
Acceptance of Terms
By creating an account, installing a widget, or otherwise using the Services, you represent that you are at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the entity you represent. These Terms constitute a binding agreement between you and Context.
Description of Services
Context provides consumer engagement tools that help businesses attract new customers, engage consumers, respond to leads, and build customer loyalty through intelligent messaging, lead response, advertising technology, and managed service platforms. We may modify, suspend, or discontinue any part of the Services at any time with or without notice.
Account Registration
To access certain features of the Services you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use of your account.
Acceptable Use
You agree not to use the Services to:
Customer Content and Data
You retain ownership of any content, data, and information you or your customers submit through the Services (“Customer Content”). You grant Context a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Customer Content solely as necessary to provide the Services. You are solely responsible for the accuracy, legality, and appropriateness of Customer Content and for obtaining any required consents from your customers.
Fees and Payment
Access to paid portions of the Services is subject to the fees set forth in your order or subscription plan. Fees are due in advance and are non-refundable except as expressly provided in these Terms. You authorize us to charge your designated payment method for all applicable fees and taxes. If payment is not received when due, we may suspend or terminate your access to the Services.
Intellectual Property
The Services, including all associated software, content, branding, and trademarks, are owned by Context or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you in or to the Services. You may not use our trademarks, logos, or service marks without our prior written consent.
Third-Party Services
The Services may integrate with or link to third-party products, websites, or services. Context is not responsible for the content, policies, or practices of any third party. Your use of third-party services is subject to the terms and privacy policies of those third parties.
Termination
You may stop using the Services and cancel your account at any time. Context may suspend or terminate your access to the Services, with or without notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately, and we may delete Customer Content associated with your account. Sections that by their nature should survive termination will survive.
Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CONTEXT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONTEXT AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO CONTEXT FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Context and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your Customer Content, or your breach of these Terms.
Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Services will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on our website or by other reasonable means. Your continued use of the Services after such changes take effect constitutes your acceptance of the revised Terms.
Contact
For questions about these Terms, please contact us at [email protected].