VRT Software Ltd (Esinix) Terms of Service

TERMS OF SEVİCE

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ESINIX, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT. CERTAIN PORTIONS OF THE PLATFORM MAY BE SUBJECT TO “OPEN SOURCE” OR “FREE SOFTWARE LICENSES”. SUCH COMPONENTS WILL BE GOVERNED BY THE TERMS OF THEIR RESPECTIVE TERMS OF USE AND NOT BY THESE TERMS.

ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, THE HIGHLEVEL DATA PROCESSING AGREEMENT, AND THE HIGHLEVEL AFFILIATE AGREEMENT (WHEREVER APPLICABLE) (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND VRT SOFTWARE LTD. AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “ESINIX,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH ESINIX RELATED TO THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THEM AND/OR CREATE A PLATFORM ACCOUNT, AND/OR USE OR ACCESS THE PLATFORM. YOU SHALL BE DEEMED TO HAVE ACCEPTED AND CONSENTED TO THESE TERMS IF YOU DO ANY ONE OR MORE OF THE FOREGOING ACTS. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

Esinix reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

Esinix is only providing the Platform for your business use without any promise of exclusivity. Esinix’s customers, users, entrepreneurs, affiliate marketers, experts, and partners are not Esinix’s employees, contractors, or representatives. Esinix is not responsible for any interactions between you and your customers, other than providing access to the Platform. Esinix is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

Use of the Platform.

Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if You are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.

Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms. In the event of a dispute regarding the ownership of a Platform Account, Esinix reserves the right to request documentation to determine the rightful owner. Esinix is not obligated to act as an arbiter or adjudicator of such disputes. Our determination, made in our sole discretion, will be final and binding on all parties. In resolving an ownership dispute, Esinix may consider, without limitation, the following factors: (a) The identity of the individual or entity that has consistently paid the Fees for the Platform Account via the credit card or other payment method on file; (b) The identity of the individual who created the Platform Account; (c) Verifiable, government-issued documentation demonstrating ownership of the underlying business entity associated with the Platform Account (e.g., articles of incorporation, business license, partnership agreement); (d) a court order or other binding legal settlement agreement; and (e) Any other documentation or evidence Esinix deems relevant to the dispute. Esinix reserves the right to disregard any documentation it believes, in its sole discretion, to be fraudulent, tampered with, or otherwise unreliable. If a rightful owner cannot be reasonably determined by Esinix, or if the disputing parties fail to provide a resolution, Esinix reserves the right to suspend or terminate the Platform Account until the parties have reached a mutual written agreement or a court of competent jurisdiction has issued an order resolving the dispute. You agree to defend, indemnify, and hold Esinix harmless from any and all claims, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to Esinix’s resolution of any ownership dispute. By agreeing to these Terms, you waive any claims against Esinix arising from our management of your Platform Account and our resolution of any ownership disputes.

Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. Esinix reserves the right to monitor the use of the Platform by you and your customers. If Esinix determines, in its sole discretion, that a Sub-Account is engaging in suspicious activity, violating applicable law, or is otherwise in breach of these Terms, Esinix may request that you suspend or terminate the Sub-Account’s access to the Platform. You agree to promptly comply with any such request. Failure to do so may result in the suspension or termination of your Platform Account. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will ensure that your employees with access to the Platform Account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms; (vi) You own or control all rights in and to all content you provide to Esinix, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider; and (viii) You will not give access to the Platform or Services to a direct Competitor of Esinix, (ix) You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms; (x) You will not modify, translate, or create derivative works based on the Platform (except to the extent expressly permitted by us); and (xi) You will not remove any proprietary notices or labels.

Compliance. You will be solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations including but not limited to English Law and all relevant legislation ve the all tax laws, regulations, and obligations, applicable accessibility laws and standard, including ensuring websites, applications, and communications created using the Platform meet relevant accessibility requirements for your jurisdiction and customer base, and other similar laws and regulations, whether currently in effect or enacted in the future. You are solely responsible for determining, calculating, collecting, reporting, and remitting all taxes applicable to your business operations and customer transactions. Esinix provides technology tools only and is not engaged in providing tax, accounting, or professional services advice.. Esinix is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws, including but not limited to the laws and regulations listed above, tax laws, sales tax regulations, VAT/GST requirements, and other similar laws and regulations.

Privacy. By using the Platform and providing Information on or through the Platform, you consent to Esinix’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Esinix has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing the level of protection at least equal to that provided to you by Esinix. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy. 1- Data Subject Rights Management. You are solely responsible for managing and responding to all data subject rights requests from your customer and end users, including but not limited to requests for access, deletion, correction, portability, restriction of processing, and objection to processing of personal data. You must establish and maintain appropriate procedures to receive, document, respond to, and fulfill such requests within the timeframes required by applicable privacy laws. If Esinix receives any data subject rights requests directly from your customers or end users, Esinix may direct such requests to you, and you shall promptly respond to and fulfill such requests in accordance with applicable law. You shall indemnify and hold Esinix harmless from any claims, damages, or liabilities arising from your failure to properly respond to or fulfill data subject rights requests. 2- Data Breach Notification. You are solely responsible for complying with all applicable data breach notification laws and regulations. In the event you discover or are notified by Esinix of a security incident affecting personal data processed through the Platform, you shall: (a) promptly investigate the incident and take appropriate remedial measures; (b) determine if the incident triggers any notification obligations under applicable laws; (c) make all legally required notifications to affected individuals, regulatory authorities, and other required parties within the timeframes specified by applicable laws; (d) bear all costs associated with such notifications and remedial measures; and (e) promptly inform Esinix of any notifications made to regulatory authorities or affected individuals. Esinix reserves the right, but has no obligation, to review and approve the content of your notifications prior to their distribution. Nothing in this section shall be construed to limit Esinix's own obligations to notify you of security incidents for which Esinix is directly responsible.

Data Retention and Deletion. You are solely responsible for establishing and implementing appropriate data retention periods and deletion procedures for personal data processed through the Platform, in compliance with all applicable privacy laws and regulations. You shall not retain personal data for longer than necessary to fulfill the purposes for which it was collected, or as required by applicable laws. Upon termination of your Platform Account or upon request from your customers or end users in accordance with their data subject rights, you shall ensure the timely deletion or anonymization of personal data as required by applicable laws. You acknowledge that Esinix may retain certain information as required by law or for legitimate business purposes as outlined in our Privacy Policy, but such retention by Esinix does not relieve you of your own data retention and deletion obligations. 

You may not use, resell, authorize or permit anyone to use, or license or make available data you obtain from People Data Labs, for any purposes prohibited in the People Data Labs Acceptable Data Use Policy posted here https://privacy.peopledatalabs.com/policies?name=acceptable-data-use-policy. You further agree to comply with applicable law when collecting personal data that will be sent to People Data Labs.

Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Esinix immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Esinix reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Esinix’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials. In addition to maintaining the confidentiality of your Login Credentials, you are responsible for implementing all recommended security protocols and best practices provided or made available by Esinix, including but not limited to, enabling two-factor authentication (2FA) for your Platform Account and all associated user accounts. Esinix shall not be liable for any damages, losses, or liabilities arising from or related to any security breach, data compromise, or unauthorized access to your Platform Account that results from your failure, or the failure of your users, to implement such recommended security measures. You give consent to Esinix to access and monitor your Platform Account and your customer’s accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.

Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. Communication Surcharges are subject to the Leadconnector Terms of Service. Upon cancellation or termination of your Platform Account, all phone numbers procured through the Platform on your behalf will be released within fourteen (14) days. Notwithstanding the foregoing, if your customer ported an external phone number to the Platform for use in their Sub-Account, that number is the property of the Sub-Account owner. You hereby authorize Esinix to release such ported phone numbers to the applicable Sub-Account owner upon their request following the cancellation or termination of your Platform Account.

Third Party Services. You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant permission to Esinix to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third Party Services through the Platform. The use of information received from Workspace APIs will adhere to the Google User Data Policy, including the Limited Use requirements. You also represent and warrant that You have the appropriate consents for importing any data (including data of your customers) that you request Esinix to import from other Third-Party Services and/or are the rightful owner of such data. Esinix is not responsible for, and Esinix hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data, regardless of whether Esinix endorses, approves, promotes, or supports any such Third-Party Services. You hereby irrevocably waive any claim against Esinix with respect to the content or operation of any Third-Party Services. Your use of the Third-Party Services is governed by Your agreement with such Third Party, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and complying with any terms of use, privacy policies or other terms governing your use of these Third-Party Services, which you use at your own risk. Esinix disclaims all liability related to outages or downtime of Third Party Services. Esinix does not guarantee the interoperation, integration, or support of any Third-Party Services nor give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services. Esinix may, at any time, in its sole discretion, modify the Platform or Services, which may impact interoperation, integration, or support of Third-Party Services. If you elect to pause or delete some or all of your Platform Account, certain features, functionality, or Services, including Third Party Services (such as LeadConnector phone numbers or email services), may not be recoverable or retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and Esinix is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), Esinix reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability to you. Esinix is not responsible for, and Esinix hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Part. Services, including tax calculation services, access to, modification of, or deletion of data, regardless of whether Esinix endorses, approves, promotes, or supports any such Third-Party Services. If you are a customer located in Australia and you use any PayPal services integrated with the Platform, you acknowledge and agree to the following: (i) iThe PayPal services are provided by PayPal Ltd, not by Esinix, (ii) Esinix is not an agent, representative, or authorized representative of PayPal or PayPal Australia; and (iii) For any inquiries or issues related to the PayPal services, you must contact PayPal directly. 

Platform Provider Role. You acknowledge and agree that Esinix is a technology platform and communications service provider only. Esinix provides the software infrastructure that enables you to send communications, but Esinix does not initiate, create, send, or control the content, timing, or recipients of any communications. All communications sent using the Platform are created and initiated solely by you and/or your customers. You, and not Esinix, will be deemed the “seller,” “telemarketer,” “advertiser,” or “sender” of all communications for all legal and regulatory purposes.

Your Telecommunications Compliance Obligations. You are exclusively responsible for all communications sent using the Platform and for compliance with all applicable federal, state, and international laws governing marketing, advertising, or communications, as amended from time to time. This includes, but is not limited to: You agree and guarantee to act in compliance with the following provisions in English Law: 1. Electronic Communications Act, 2. Personal Data Protection Act, 3. English Penal Code, 4. All legal regulations of the country to which you (the customer who created the membership) are affiliated and all relevant legal regulations. You acknowledge that Esinix shall not be held liable for any action or violation contrary to the applicable legislation. You further agree to notify Esinix immediately upon identifying any such action and/or violation. 

You represent and warrant that you have obtained all necessary consents, permissions, and authorizations from recipients before contacting them using the Platform. You further warrant that you will not use the Platform to contact any individual who has not provided the requisite level of consent under applicable law. You also represent and warrant that you have determined whether you are required to register, license, or post a bond under any applicable telemarketing, marketing, or advertising law, and that you have satisfied all such obligations prior to sending communications using the Platform. You covenant to maintain such compliance throughout the term of this Agreement. You are solely responsible for maintaining accurate and complete records of such consent and compliance. These obligations survive termination or expiration of this Agreement. You acknowledge and agree that you are solely responsible for the content of all communications sent through the Platform, including any claims relating to false, misleading, or deceptive advertising, privacy or data protection violations, or other unlawful conduct. Esinix disclaims all liability for the content or legality of communications transmitted through the Platform. You acknowledge that any compliance-related features provided within the Platform are offered solely for your convenience. Their provision does not constitute legal advice, and their use does not guarantee compliance with any law. You agree that you are solely responsible for configuring and using such features correctly.

Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Esinix. Esinix is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws. To the extent that Third Party Content or Third Party Services that are available for purchase or download in the Esinix Marketplace includes Snapshots, you agree that any purchase or download of the Snapshots gives you only a non-exclusive license to use, copy or share the Snapshots within Esinix’s Platform according to the terms of the Esinix Marketplace, and does not grant you ownership of the purchased or downloaded Snapshots.

API and Marketplace Use. Esinix may make available a Marketplace for third-party applications or provide access to its application programming interfaces (“APIs”) to allow you to connect other services to the Platform. Esinix makes no warranties of any kind regarding applications or services provided by third parties on our Marketplace. Your use of any third-party application is at your own risk and is subject to the terms and conditions agreed upon between you and the third-party provider. Esinix is not responsible for any aspect of such third-party applications and disclaims all liability for any harm, damage, or loss arising from your use of them. You agree to use the API access rights and services solely in accordance with the technical rules, access limits, and security policies established by the Service Provider. Any actions performed through the API shall be deemed to have been carried out by you. When you use Esinix’s APIs, you are solely responsible for your use of them. You represent and warrant that you have obtained all necessary rights and consents to transmit your data to any third party via the API and that such transmission is in compliance with all applicable laws. You agree not to use the APIs in any manner that is excessive or abusive, or that threatens the security, integrity, or performance of the Platform. Esinix may, in its sole discretion, limit or suspend your access to the APIs if we believe your use violates these Terms.

Fair Use Policy; Excessive Use Restrictions; Trials. Any subscription plans marketed as “unlimited” are subject to this Fair Use Policy. Esinix provides access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Esinix’s sole discretion, we determine that your data use is excessive, abusive, or otherwise exceeds the scope of our Fair Use Policy, or has a negative effect on the Platform in any way, we may throttle, pause, suspend or terminate your use of the Platform or Services, or require you to upgrade your plan to continue usage at your existing rate. Trial periods are not intended to be used consecutively. If we discover that you are doing back-to-back trials to avoid paying a subscription fee, then, without prejudice to any other remedies available under law, Esinix reserves the right to suspend or terminate your use of the Platform or Services and further ban you from using the Platform or Services in Esinix’s sole discretion.

Platform Updates. Esinix reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Esinix’s future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.

International Use.  If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. HighLevel makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. You agree to comply with all economic sanctions and export control laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of the Treasury’s Office of Foreign Assets Control (collectively, “Export Control Laws”). By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, the Services, or any software or technology that supports the Platform or your content, or the Platform Content violating any such Export Control Laws. Specifically, and without limitation, the Platform, the Services, or any software or technology that supports the Platform, or your content, or Platform Content may not be exported, transferred, or released, or provide access (a) into any U.S. embargoed countries (including, without limitation Cuba, Iran, North Korea, Syria and the Crimea, Donetsk, and Luhansk regions, Russia and Belarus (a “Prohibited Jurisdiction”); or (b) to anyone included in the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable restricted party lists. You represent, warrant and covenant that (i) You are not named on, or owned or controlled by any party named on, any U.S. government’s (or other government’s or international body’s) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, located in, or an entity (or a director/employee/agent/representative of such entity) registered in, any Prohibited Jurisdiction, or an entity that is or has been greater than 50% owned or controlled by any person or persons described in Clause (i) or (ii) and are not Military End Users and will not put HighLevel or the Platform to a Military End Use, as defined in 15 C.F.R. 744.21, (iii) You will not permit your users to access or use the Platform and/or Service or provide any services to any person(s) in violation of any Export Control Laws, (iv) no user data created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws, and (v) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You and Your Users are located. You further agree that You will not use the Platform and/or Services to disclose, transfer, download, export or re-export, directly or indirectly, any of your user data or your content to any country, entity or other party which is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which You may be subject. You acknowledge that the Platform and/or Service and other software may not be available in all jurisdictions and that You are solely responsible for complying with the Export Control Laws. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited. We reserve the right to terminate access to any Platform Account that we determine to be a prohibited end-user or engaging in prohibited end-use, without any liability to such user.

Artificial Intelligence Acceptable Use policy: Before using Artificial Intelligence (“AI”) features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with our Artificial Intelligence Acceptable Use Policy and Disclaimers which is attached hereto as Exhibit B.

Domain Names. The Platform allows you to purchase new domain names and transfer existing domain names from third-party registrars. These services are provided through third-party providers, such as Cloudflare. By using these services, you agree to the following terms: 1-Domain Name Purchasing. If you use the Platform to purchase a domain name, Esinix will facilitate the purchase on your behalf, and Esinix will be the listed registrant and administrative contact. You agree that you will use the domain name in compliance with these Terms and all applicable laws. You further agree that Esinix has the authority to act as your agent in all matters related to the domain. This authority includes, but is not limited to, the right to transfer, pause, remove, or cancel your domain name, or otherwise settle disputes related to the domain name, in Esinix’s sole discretion. If Esinix receives a notice, such as a cease and desist letter or a Uniform Domain-Name Dispute-Resolution Policy (UDRP) complaint, alleging that a domain name you purchased infringes upon a third party’s intellectual property rights, you grant Esinix the authority to settle the matter, which may include transferring the domain to the complaining party upon providing you with reasonable notice. 2-Domain Name Transfers to Esinix. You may request to transfer a domain name to Esinix from a third-party registrar. When you confirm and finalize the transfer, Esinix will first deduct the applicable fee from your Platform Account wallet and then initiate the transfer via our third-party provider’s API. We will issue a refund of the transfer fee to your wallet only if: (i) the transfer fails due to a rejection from the third-party provider’s API after your wallet has been charged, or (ii) you cancel the transfer at the losing registrar within five (5) days of initiating the request. Esinix is not liable for any impact to existing services, such as email hosting or website functionality, that may be disrupted as a result of the transfer process. It is your sole responsibility to follow all transfer instructions carefully and to reconfigure any necessary DNS settings or other services post-transfer. To avoid service interruptions, all domain names transferred to Esinix will be set to auto-renew approximately thirty (30) to sixty (60) days prior to their expiration date. The renewal fee will be automatically deducted from your Platform Account wallet. Esinix may, in its sole discretion, elect to accept or reject your domain name transfer application for any reason. You agree to indemnify and hold Esinix harmless from any claim or demand, including reasonable attorneys’ fees, arising from your use of any domain name purchased or transferred through the Platform.

Customer Account Transfer Requests. Esinix will not fulfill Sub-Account transfer requests made by your customers unless you have approved the transfer through our in-app transfer request process. Esinix will only fulfill transfers of Sub-Accounts without Your approval if: (i) the Sub-Account has attempted to seek your approval through the in-app transfer request process, (ii) you have failed to respond to the Customer for at least 30 days, and (iv) either (a) your Platform Account has been canceled by you or force-canceled for non-payment and not reactivated within 30 days, or (b) your Platform Account has been suspended or terminated due to your breach of these Terms.

Bug Bounty Program. Esinix does not have a bug bounty program and does not pay bug bounties. Esinix prohibits any third party access to the Platform or any Esinix systems or networks, including any network penetration testing, security assessment or probing, except as expressly permitted by these Terms or as agreed to by Esinix in a separate written agreement. If you’d like to report a bug or vulnerability to our Cyber Security Team, you can do so by visiting Privacy and Security page located at: https://www.gohighlevel.com/privacy-and-security

Certification Program. Esinix’s Certification Program allows third parties to demonstrate their knowledge of the Esinix Platform by passing a certification exam. Certified individuals are not employees, agents, contractors, representatives, or affiliates of Esinix, and Esinix does not background check, vet, supervise, sponsor, or endorse any certified individual or their business. Certification only indicates that the individual has passed a Esinix-administered exam and does not constitute a guarantee of quality, suitability, or fitness for any particular purpose. Certification badges are unique to the individual who earned the badge and do not apply to any agency, organization, or other individuals. You agree not to misrepresent certification badges on your store, social media, or the Platform, or to state or imply that you are an employee, agent, or representative of Esinix, or that your certification constitutes an endorsement, partnership, or business relationship with Esinix beyond your certification status. By participating in the Certification Program, you grant Esinix permission to display your name and contact information on the Esinix Certified Directory. While participating in the Certification Program, you may not use the Certification Directory to solicit or recruit other certified parties for your own business, or engage in any activity inconsistent with the spirit of the Certification Program. Esinix reserves the right to terminate your participation in the Certification Program at any time, for any reason, in its sole discretion. The directory is provided solely as a convenience for customers and does not constitute a recommendation, endorsement, or guarantee by Esinix. Any engagement or transaction you enter into with a certified individual is solely at your own risk. Esinix makes no warranties or guarantees regarding the outcome of any such engagement and assumes no liability for any damages, losses, or disputes arising from your use of the directory or engagement with certified individuals. You agree to indemnify and hold Esinix harmless from any claims, damages, or liabilities arising out of your participation in the Certification Program or your use of or reliance on the Certification Directory.

Ecommerce Products and Services. You are solely responsible for the Materials that you may sell through the Platform and/or Services (including description, price, fees, all tax determinations, calculations, collection, reporting, and remittance, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfillment timelines on Your store using the Platform. Esinix does not provide refunds to your customers. Esinix does not pre-screen Materials, and it is in our sole discretion to refuse or remove any Materials from any part of the Platform, including if Esinix determines in its sole discretion that the Materials that you offer through the Platform, or the Materials uploaded or posted to the Platform, violate our Code of Conduct or these Terms. You agree that Esinix can, at any time, review and delete any or all of the Materials submitted to the Platform and/or Services, although Esinix is not obligated to do so. You acknowledge and agree that the Platform and/or Services are not a marketplace, and any contract of sale made through the Platform and/or Services is directly between You and the customer. You are the seller of record for all items you sell through the Platform and/or Services. You are responsible for the creation and operation of Your store, Your Materials, the goods and services that you may sell through the Platform and/or Services, and all aspects of the transactions between You and Your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or Your breach of these Terms. You represent and warrant that Your store, Your Materials and the goods and services you sell through the Platform and/or Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Esinix will not be the seller or merchant or record and will have no responsibility for Your store or items sold to customers through the Platform and/or Services. Esinix reserves the right to provide our Services and/or Platform to Your competitors and make no promise of exclusivity. You further acknowledge and agree that Esinix employees and contractors may also be Esinix customers or merchants and that they may compete with You. Esinix is not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. You need to ensure that the terms & conditions applicable to your transactions with your customers do not conflict with these Terms. Esinix is not responsible for any tax-related obligations, calculations, or compliance requirements related to your ecommerce activities. Any tax calculation features provided through the Platform are tools only and do not constitute tax advice or guarantee compliance with applicable tax laws. 

Tax Calculation Services. The Platform may include optional tax calculation features that integrate with third-party tax calculation service providers ("Tax Services"). Your use of any Tax Services is entirely optional and at your own risk and discretion. Esinix provides technology integration tools only and does not provide tax advice, accounting services, or professional services of any kind. You acknowledge that Esinix is not a tax advisor, accountant, or professional service provider. All tax calculations, whether performed by you directly or through integrated Tax Services, are provided for informational purposes only. You remain solely responsible for: (i) determining all applicable tax obligations for your business and customer transactions; (ii) ensuring accuracy of all tax calculations and filings; (iii) collecting, reporting, and remitting all required taxes; (iv) maintaining compliance with all applicable tax laws and regulations; and (v) consulting with qualified tax professionals regarding your specific tax obligations. If you elect to use Tax Services through the Platform, you acknowledge that: (i) such services are provided by third-party vendors, not Esinix; (ii) your use of Tax Services may be subject to additional terms and conditions imposed by the tax service provider; (iii) Esinix makes no representations, warranties, or guarantees regarding the accuracy, completeness, or reliability of any tax calculations or Tax Services; and (iv) you are solely responsible for reviewing and complying with all terms governing your use of Tax Services. ESİNİX DISCLAIMS ALL LIABILITY RELATED TO TAX CALCULATIONS, TAX COMPLIANCE, AND TAX SERVICES. Esinix makes no endorsements, representations, warranties, or guarantees and assumes no liability, obligation, or responsibility for: (i) the accuracy or completeness of any tax calculations; (ii) your compliance with applicable tax laws; (iii) any penalties, interest, or other consequences resulting from tax non-compliance; (iv) the performance or availability of Tax Services; or (v) any decisions you make based on tax calculations provided through the Platform. You agree to indemnify, defend, and hold Esinix harmless from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (i) your use of tax calculation features or Tax Services; (ii) your tax compliance or non-compliance; (iii) any tax-related disputes with customers, tax authorities, or third parties; (iv) any inaccuracies in tax calculations; and (v) your failure to comply with applicable tax laws or regulations. You acknowledge that any tax-related features provided within the Platform are offered solely for your convenience. Their provision does not constitute tax advice, and their use does not guarantee compliance with any tax laws. You agree that you are solely responsible for configuring and using such features correctly.

Data Migration Services. From time to time, Esinix may, in its sole discretion, offer to provide data migration services to assist you in transferring your data from a competitor’s platform to the Esinix Platform (“Migration Services”). By requesting or using the Migration Services, you agree to the following terms: You represent and warrant that you have the full right and authority to provide Esinix with access to your external accounts and to authorize the transfer of your data. You are solely responsible for providing all necessary login credentials and other information required to perform the Migration Services. Esinix assumes no liability for an incomplete or failed migration due to your failure to provide the necessary information. Migration timelines are estimates only and delays may occur. Esinix does not guarantee that migrations will be completed within any specific timeframe. For migrations that are unusually large or complex, or that fall outside the scope of Esinix’s standard courtesy migration service, Esinix may require a separate statement of work (SOW) or decline to perform the migration at its discretion. Esinix does not guarantee service continuity, compatibility, or preservation of integrations, automations, workflows, or data relationships post-migration. You are solely responsible for verifying the completeness and accuracy of your data and for re-establishing any integrations or automations after migration. In addition to the indemnification obligations, you agree to indemnify, defend, and hold Esinix harmless from and against any and all third-party claims, fines, and expenses (including reasonable attorneys’ fees) arising from: (i) the data you provide for migration, including any claims of improper collection, disclosure, or processing of such data; (ii) your external accounts and any violation of the terms governing those accounts; or (iii) your violation of any applicable laws or third-party rights related to the Migration Services.

2-Payment and Taxes

Fees and Auto-Renewal. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change. Your use of the Platform is subject to the timely payment of your and your customers’ Fees. Fees may include, but are not limited to: subscription fees, Communication Surcharges, add-on service fees, or other usage-based or subscription-based Fees offered by Esinix as incurred by you and your customers. Fee rates and amounts may change from time to time. Fees for subscription services will be billed in advance of Services on a monthly or annual basis, depending on your subscription plan until cancelled.

By agreeing to these terms, you acknowledge that your subscription will automatically renew and your payment method will be charged the then-current rates without further authorization from You.

Wallets and Rebilling. Your Platform Account contains a “wallet” where you can pre-load funds to purchase Services through the Platform or to support rebilling of your customers’ Fees. You will be automatically enrolled in our rebilling feature based on the current charge amount for the plan you selected at esinix.com/price. If you wish to turn off rebilling or change the auto-top-up amount, you will need to update your settings in your Platform Account. This wallet system is used for all usage-based Fees, including but not limited to Communication Surcharges, which are deducted from your wallet balance in real-time as they are incurred. When your wallet balance falls below the designated threshold of $10 USD, we will automatically charge the payment method on file to replenish your wallet to your pre-defined amount. Products purchased with wallet funds are generally subject to taxes in many jurisdictions. Esinix calculates taxes on wallet spending after the end of each calendar month and will collect taxes from customer wallet balances at that time. It is possible that taxes collected from the wallet balance result in a negative balance. In the event you have a negative wallet balance, we will automatically charge the credit card we have on file to cover the negative balance and add funds to avoid any overdrafts. You provide your consent for Esinix to charge your credit card to avoid any overdrafts. By using the wallet feature, You authorize Esinix to make these automatic deductions and charges to maintain a positive wallet balance.

Late Payments and Payment Disputes. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, we will re-attempt to charge the card on file for a period of 7 business days. If, after re-attempting to charge your card, we are still unable to process the transaction, your Platform Account may be force-cancelled for non-payment in Esinix’s sole discretion. Additionally, we may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. In the event that you dispute any charges , You must notify us in writing within thirty (30) days of the invoice date. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Esinix determinations regarding your obligation to pay invoiced Fees and charges are final.

Cancellations. You can cancel your subscription by contacting our support teams by submitting a support request through the platform or by sending an email to [email protected]. You are solely responsible for the cancellation of Services associated with your account, and, subject to other provisions of these Terms, you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

Mark-ups. VRT Software Limited may enter into contracts with third parties for the marketing of Esinix. Contracts and terms entered into with third parties are at the sole discretion of VRT Software Limited, and the fee or profit share to be paid to the third parties will be determined by VRT Software Limited.

Refunds. 1- Non-Refundable Fees. All Fees collected by Esinix, including Subscription Fees, Communication Surcharges, and Esinix's resale of Third-Party Services, are non-refundable, regardless of whether you actually access or use your Platform Account or Services during your subscription period. You are solely responsible for any additional Fees resulting from your or a third-party's error or negligence. Esinix does not provide refunds or credits for such errors or omissions, or for partially used or unused Platform or Service subscriptions. Except as required by law, Esinix reserves the right, in its absolute discretion, to grant or deny refunds or credits at any time, for any reason, and Esinix's decision as to whether and when to grant a refund or credit is final. 2- Wallet Credit Refunds. When Your Services are canceled, terminated, or expired, it is Your sole obligation to request a refund from Esinix of any amounts remaining in Your account's "wallet." After your Platform Account expires, is terminated, or is cancelled, any funds remaining in your "wallet" for more than thirty (30) days will automatically become the property of Esinix. Any unused free promotional credits added to your wallet by Esinix have no cash value, are non-refundable, and automatically expire after 90 days.

Taxes and Government Assessments. All Fees are exclusive of any sales, VAT, GST and use taxes, levies, fees, duties, interest, penalties and other governmental assessments (“Taxes”) unless mentioned otherwise in these Terms. Business entities with a valid VAT or GST identification number should provide Esinix with their VAT or GST identification number. You hereby confirm that Esinix can rely on the VAT or GST number provided. Where applicable by law, Esinix will shift the liability to pay VAT/GST on the Fees to you due to the application of a VAT/GST reverse charge mechanism. You are exclusively responsible for Taxes associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. Esinix reserves the right to calculate and add applicable Taxes, including but not limited to sales, VAT, GST, and other applicable taxes, to your invoice or wallet as legally required or as Esinix deems appropriate, and all Esinix determinations regarding what Taxes to collect are final. Failure to provide Esinix with a valid VAT or GST identification number may result in VAT or GST being assessed by Esinix. If you provide a valid VAT or GST identification number after a Fee has been paid, the VAT and GST taxes charged may not be refunded. Esinix may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify Esinix for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described above. Taxes are nonrefundable. You hereby confirm that Esinix can rely on the name and address that You provide to Esinix and You agree that the billing address you provide to Esinix can be considered the place of supply for Tax purposes where You have established Your business. You agree to the fees in connection with your payment method, if applicable. Without limiting the generality of this Section 2.7, if any amount payable by You to Esinix is subject to any withholding or similar taxes, You shall pay for all withholding taxes without any reduction in the Fees and Taxes charged above.

3. Affiliate Program 

Esinix offers an Affiliate Program where you can earn commissions by referring new customers to Esinix. Your participation in the Affiliate Program is contingent upon your acceptance of the Affiliate Program offer that Esinix may make to you. Esinix may pay you dividends at its sole discretion. Dividend payment is subject to Esinix's discretion and the acceptance of the other party. Termination and/or continuation of the Affiliate Program is at Esinix's sole discretion. Esinix is ​​not required to provide any reason for terminating the Affiliate Program. To earn and receive commission payments, you must create a payment account linked to your Esinix account. If Esinix is ​​unable to post payments to your payment account for any reason, your commissions may be forfeited. Unused commissions may be forfeited in accordance with applicable law. Esinix employees are not eligible to participate in the Affiliate Program or earn commissions for at least six (6) months after termination of their employment with Esinix.

4. Intellectual Property

Platform Content. The Platform and Platform Content are the property of Esinix or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. Esinix grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of Esinix is strictly prohibited.

Esinix Marks and Advertisements. Esinix, including (but not limited to) its name, logo, or marks, is a service of VRT SOFTWARE LTD. They are trademarks and service marks of VRT SOFTWARE LTD and may not be used as part of any company name or domain name or in connection with any product or service not provided by VRT SOFTWARE LTD, without the prior written permission of VRT SOFTWARE LTD, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents VRT SOFTWARE LTD and Esinix. You may not remove any VRT SOFTWARE LTD trademark, name, logo, or other proprietary notices, including, but not limited to, attribution information, credits, and copyright notices, located on or near the Platform or the Platform Content. Other product or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third party websites may display VRT SOFTWARE LTD Marks, with or without permission, and such use of the VRT SOFTWARE LTD Marks does not constitute or imply any endorsement, sponsorship or support by VRT SOFTWARE LTD. (i) you will not make unauthorized representations, warranties or false, misleading or deceptive statements about Esinix, its Platform and Services; (ii) you will not include Esinix or any of its Services or Platform in your comparative and/or marketing advertising.

User Contributions. User Contributions are considered non-confidential and non-proprietary. You grant Esinix, our service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling Esinix’s obligations under these Terms. Esinix is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. Esinix is not responsible for any failure or delay in removing User Contributions that violate the Terms. Esinix reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason. You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.

Prohibited User Contributions. You are prohibited from posting User Contributions on the Platform that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; (ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform Account.

Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and Esinix and its affiliates have no obligation to use the Feedback. You grant Esinix and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Esinix without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of Esinix or its designees throughout the universe in perpetuity in any and all media now or hereafter known.

Feedback Waiver. You hereby irrevocably release and forever discharge Esinix from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Esinix with respect to the Feedback, including without limitation how Esinix directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Esinix's option and at your sole expense) to defend, indemnify, and hold Esinix harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which Esinix may incur as a result of use of the Feedback in accordance with these Terms.

Copyright;Copyright Act. If you believe that your copyrights or other intellectual property rights have been violated by users of the Esinix Platform, you may submit a notification to Esinix. By including any personally identifiable information in your notification, you consent to the disclosure of such information when providing a copy of the Takedown or Counter Notification to the alleged infringer and/or their agents, unless otherwise agreed upon. Upon receipt of a valid notification, Esinix or its authorized agent will notify the alleged infringer, as it deems appropriate. Esinix may reject notifications that are incomplete, inappropriate, or not submitted through proper channels. Esinix will use reasonable efforts to promptly address alleged violations; however, there is no guarantee of a specific timeframe. Esinix may, in its sole discretion, decide to maintain or remove content unless the complaining content provider, member, or user initiates legal action seeking a valid court order against them. Esinix reserves the right to dispose of properly submitted infringement notifications and has no liability or guarantee to the applicant alleging infringement of copyright or other proprietary rights. Similarly, Esinix will not take any action against the alleged infringer other than removal, if it deems appropriate.

To be valid, the notification must be in writing and include the following information. DMCA Takedown Requests or Counter Notifications that fail to comply with the requirements below may be rejected and may not be processed.

For DMCA Takedown Requests:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of and/or a link to where the allegedly infringing material is located on the Platform, with enough detail that we may locate it;

your full legal name, mailing address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

For Counter-Notices:

your electronic or physical signature;

identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;

your full legal name, mailing address, telephone number, and email address; and

a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Usage Data. Esinix may access, collect, analyze, and use the data, information, or insights generated or derived from the provision, use and performance of the Platform, the Service and related software, programs, and technologies (“Usage Data”) in accordance with our Privacy Policy. Esinix owns all such Usage Data. If Esinix desires to disclose any Usage Data, then Esinix will anonymize all Usage Data in such disclosure and disclose such Usage Data in aggregate form only in a manner that does not identify You or your customers and would not permit a third party to identify You or your customers.

5. Disclaimers

Esinix makes no guarantees that your business will be profitable and that you will make money using the Platform or the Services. Except as otherwise set forth in these Terms, Esinix is not providing any business opportunities with use of the Platform and/or Service.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT ESİNİX HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) CERTAIN FEATURES WILL BE ADDED TO THE PLATFORM, OR (E) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT ESİNİX IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

ESİNİX MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

BETA PRODUCTS OR EARLY RELEASE PRODUCTS. FROM TIME TO TIME, YOU MAY HAVE THE OPTION TO PARTICIPATE IN A PROGRAM WITH ESİNİX WHERE YOU GET TO USE EARLY RELEASE OR BETA PRODUCTS, FEATURES OR DOCUMENTATION (COLLECTIVELY, “BETA PRODUCTS”) OFFERED BY ESİNİX. THE BETA PRODUCTS ARE NOT GENERALLY AVAILABLE AND ARE PROVIDED “AS IS” AND AS AVAILABLE EXCLUSIVE OF ANY WARRANTY WHATSOEVER. ESİNİX DOES NOT PROVIDE ANY INDEMNITIES, SERVICE LEVEL COMMITMENTS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION THERETO. YOU OR ESİNİX MAY TERMINATE YOUR ACCESS TO THE BETA PRODUCTS AT ANY TIME.

6. Limitation of Liability, Indemnification, and Mitigation

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability, provided however, this limitation will not apply to you if you only use the free Services, and in this case, if Esinix determines to have any liability to you or any third party arising from your use of the free Services, then Esinix’s aggregate liability will be limited to 100 (one hundred) US Dollars.

IN NO EVENT SHALL ESİNİX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

You agree to defend, indemnify, and hold Esinix harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any Esinix property by you, your employees, agents, or customers; (d) any actual or alleged negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) any actual or alleged misrepresentations by you, your employees, agents, or customers (f) actual or alleged violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers; (k) any actual or alleged claim arising from the storage, management or transmission and/or disclosure of personal data by you or your users using the Platform in violation of any applicable law or the Affiliate Program with Esinix; and/or (l) any actual or alleged violations of data protection or privacy laws in connection with your use of the Platform, including but not limited to actual or alleged claims related to unauthorized data processing, failure to provide required privacy notices, failure to obtain valid consents, failure to respond to data subject rights requests, improper data retention or deletion practices, and data breaches resulting from your failure to implement appropriate security measures.

If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform.

7. Limitation On Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

8. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Esinix for which monetary damages would not be an adequate remedy, and Esinix shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

9. Waiver And Severability

No waiver by Esinix of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Esinix to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

10. Change of Control

Esinix may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Esinix’s prior written consent which may be withheld at Esinix’s sole discretion.

11. Entire Agreement

Except as noted below, these Terms constitute the sole and entire agreement between you and Esinix with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Esinix.

Esinix may enter into a separate agreement with you. The terms of any separate agreement between you and Esinix will be considered a part of your entire agreement with Esinix. To the extent there is a conflict between these Terms and the terms of your separate agreement with Esinix, your separate agreement with Esinix will control. 

12. Infrastructure Information and User Acceptance Statement

Esinix, a service of VRT Software Limited, uses software and infrastructure from HighLevel Inc. Therefore, VRT Software Limited has no responsibility or warranty regarding the data collected and processed by HighLevel Inc. By accepting and accepting this agreement, you are deemed to have accepted and accepted all underlying agreements, policies, and addendums found on the relevant website, including the Privacy Policy and Terms of Service located at https://www.gohighlevel.com/89368a6. By accepting this Agreement, you are deemed to have accepted any updates to these agreements. These; 

https://www.gohighlevel.com/terms-of-service

https://www.gohighlevel.com/privacy-policy

https://www.gohighlevel.com/data-processing-agreement

https://www.gohighlevel.com/affiliate-policy

https://www.leadconnectorhq.com/terms2

https://www.gohighlevel.com/privacy-and-security

https://www.gohighlevel.com/cookies-policy

13. Term and Termination.

These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.

Grounds for Termination. You agree that Esinix, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary. Esinix reserves the right to delete Platform Accounts that have remained inactive for ninety (90) days or more.

No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. Following the termination or cancellation of your Platform Account, Esinix and Hinglevel İnc. will retain any data associated with your account for a period of ninety (90) days. During this period, you may have the option to reactivate your account to regain access to your data. After this ninety (90) day period, Esinix reserves the right, in its sole discretion, to permanently delete all of your data from our systems. This process is irreversible, and Esinix will not be liable for any loss of data or any other damages resulting from such deletion. Esinix is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.

No Termination by Third Party Users. Esinix has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than Esinix must contact the party who originally provided access to the Platform for any inquiries related to termination.

Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

14. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

These Terms of Service and any dispute arising under them shall be governed English law, without regard to its conflict of law principles. These Terms may be translated into other languages; only the English version shall be valid and enforceable.

Any dispute or claim arising out of or relating to these Terms shall be resolved exclusively by arbitration in accordance with the UK Commercial Arbitration Rules then in force. The arbitration shall be conducted primarily in England. Any arbitration award may be entered in any court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

15. Communications and Contact Information

All notices to a party shall be in writing and shall be made via email. Notices to Esinix must be sent to [email protected]. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.

Esinix may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. 

When you create a Platform Account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. Esinix will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Esinix, do not respond to the email and notify Esinix by emailing us at [email protected].

For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at or by mail at:

VRT SOFTWARE LTD

71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KİNGDOM

16. Definitions

a. “Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.

b. “Competitor” shall include, but not be limited to, any entity carrying on a business of marketing and sales platform, SaaS, any entity offering one or more services offered by the Platform, or any entity carrying on a business similar to the business of VRT SOFTWARE LTD.  and its subsidiaries, as determined by Esinix in its sole discretion.

c. "Feedback” means ideas You provide to Esinix regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other services, products, matters related to Esinix’s or its affiliates’ business. “Feedback” includes any ideas posted to Esinix’s ideaboard.

d. “Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.

e. " VRT SOFTWARE LTD Marks” means the Esinix name and related logos and service marks of Esinix.

f. “Information” means data about You and Your customers that Esinix collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.

g. “Login Credentials” means the username and password used to access your Platform Account, including API keys and access to third party integrations used with the Platform.

h. “Marketplace” means the digital third party application marketplace made available through the Esinix Platform.

i. “Materials” means Your trademarks, copyright content, any tangible products or services you sell through the Platform (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Esinix or its affiliates.

j. “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through Esinix’s website or mobile application.

k. “Platform Account” means the account you created in order to access and use the Platform.

l. “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.

m. “Prohibited Uses” means the behaviors described in Section 3.

n. “Services” means the variety of product integrations and services that Esinix makes available on the Platform. Services may include Third Party Services.

o. “Snapshot” means a computer program representing a saved version of a specific configuration or setup of a marketing campaign. Snapshots can include digital files of any type, including software code, photos, images, videos, graphics, written content, audio files, information, or other data.

p. “Sub-Account” means a subscription for one business under a Platform Account.

q. “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

r. “Third Party Services” means third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services offered by a third party through the Esinix Platform. This includes but is not limited to applications downloaded from the Esinix Marketplace, integrations with third party applications, or any functionality that is provided by a third party through the Platform.

s. “Training” means any training, information or suggested usages conveyed by Esinix about the Platform.

t. “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to Esinix directly.

u. “You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.

EXHIBIT A

CODE OF CONDUCT

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which Esinix may immediately suspend or terminate your Platform Account in accordance with these Terms:

Use of the Platform in any way that violates any applicable law or regulation. 

Use of the Platform in a country that prohibits or restricts the use of Artificial Intelligence. 

Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way. 

Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

Use of the Platform to transmit, or procure the sending of any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

Impersonating or attempting to impersonate Esinix, a Esinix employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform

Engaging in any conduct that may, as determined by Esinix, harm Platform users or Esinix, or expose either to liability. 

Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Esinix’s prior written consent.

Use of any device, software or routine that interferes with the proper working of the Platform.

Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.

Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempting to interfere with the proper working of the Platform.

Child sexual exploitation or abuse content.

Sexually explicit content.

Generation of hateful, harassing, or violent content. 

Abusive or fraudulent conduct.

This includes but is not limited to:

Promoting or facilitating the generation or distribution of spam, fraudulent activities, scams, phishing, or malware;

Compromising cybersecurity systems or gaining unauthorized access to violate the integrity of any user, network, computer or communications system, software application, or network or computing device;

Violate any natural person’s rights, including privacy rights as defined in applicable privacy law;

Appropriating confidential or personal information;

Impersonating a human by presenting results as human-generated;

Engaging in disinformation campaigns;

Astroturfing, or the generation of fake grassroots support or fake review information;

Plagiarize or engage in other forms of academic dishonesty.

Illegal or highly regulated goods or services content, or other activity that has a high risk of economic or physical harm. This includes but is not limited to:

Engaging in any illegal activity;

Providing instructions on how to commit or facilitate any type of crime;

Gambling;

Payday lending;

Cryptomining practices;

Automatic determinations of eligibility for credit, employment, educational institutions, or public assistance services;

Engaging in unauthorized practice of law or seeking unreviewed legal advice;

Engaging in unauthorized practice of medicine or seeking unreviewed medical advice;

Providing unauthorized financial advice;

Law enforcement application or criminal justice decisions;

Military or warfare application, weapons development;

Management or operation of critical infrastructure in energy, transportation, and water;

Political campaigning or lobbying in violation of campaign laws

EXHIBIT B

ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY & DISCLAIMERS

Your use of any Artificial Intelligence (“AI”) features of the Platform is subject to the following terms in addition to the main Terms of Service.

Disclaimers and Acknowledgement of Risk.

AI Output May Be Inaccurate. You acknowledge that artificial intelligence and machine learning are rapidly evolving fields. The AI features may produce content that is inaccurate, incomplete, offensive, or that does not reflect the most current information. Esinix makes no warranty or guarantee as to the accuracy, reliability, timeliness, or appropriateness of any content generated by the AI features.

No Professional Advice. As stated elsewhere in these Terms, content generated by the AI features does not constitute legal, financial, medical, or other professional advice. You should consult with a qualified professional for such advice.

AS-IS Basis. THE AI FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ESİNİX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE AI FEATURES.

Your Responsibilities.

Review of AI Output. You are solely responsible for reviewing, editing, and validating all AI-generated content before its use, publication, or distribution. You should not rely on any AI-generated content without independent verification. You assume all risks associated with the use of content generated by the AI features.

Sensitive Information. You agree not to provide any sensitive personal information, Protected Health Information (PHI), or other confidential information as input into the AI features. You acknowledge that data you provide may be processed by third-party AI service providers subject to their own terms and privacy policies.

Indemnification. In addition to the indemnification obligations in this Agreement, you agree to indemnify, defend, and hold Esinix harmless from any and all claims, damages, and liabilities arising from your use of the AI features or any content generated therefrom, including but not limited to claims of copyright infringement, defamation, or misinformation.

Acceptable Use.

You agree not to use the AI features of the Platform in any manner contrary to relevant laws, regulations, and industry standards, including, but not limited to:

In any jurisdiction that prohibits or restricts the use of AI.

To discriminate against any person or group, or to generate hateful, harassing, or violent content.

To generate content that infringes on any third-party intellectual property rights.

To spread misinformation, engage in fraudulent or deceptive practices, or for any other malicious purpose.

For any other Prohibited Uses as defined in the Code of Conduct (Exhibit A).

AI features of the Platform may not be used in any manner contrary to the relevant laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA); financial industry guidelines (e.g., PCI DSS); as a part of automated decision making process with legal or similarly significant effects; or in violation of any intellectual property rights or geographical restriction.

AI features may not be used to discriminate against any person or groups on grounds of religion, race, sexual orientation, gender, national/ethnic origin, political beliefs. disability, health status, trade union membership, age, criminal convictions or engage in any biased, intimidating, defamatory, harassing, bullying or otherwise inappropriate behaviors.

AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice. You must disclose to your customers when they are interacting with an AI-based voice or chatbot.

All assets created through the use of generative AI systems must be professional and respectful. You may not use offensive or abusive language and may not engage in any behavior that could be considered discriminatory, harassing, or biased when applying generative techniques.

You must take necessary steps to protect confidential and sensitive information of your users and customers

AI usage may not not damage, disable, overburden, or impair any websites or launches any automated system, including “robots,” “spiders,” or “offline readers,” that sends more request messages to any servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.

AI features may not be used to spread misinformation, engage in malicious activities, or any other uses that could harm individuals or society.

AI features may not be used in any manner which is prohibited by the Agreement or the Code of Conduct provided herein.