Terms of use

We're glad you found us! Please read our terms & conditions, privacy policy, and GDPR to learn more. Please review these terms of use prior to using the Zixflow.

Terms & Conditions

1.Introduction

When we say ’’we,’’ ’’us,’’ ’’our,’’ ’’Zixflow,’’ we are referring to Zixflow, provides its service (as defined below) to you through the Zixflow website (the ’’site’’), subject to this terms of service agreement (’’tos’’). By accepting this tos or by accessing or using the service or site, you acknowledge that you have read, understood, and agree to be bound by this tos and our privacy policy, which is incorporated by reference into this terms of service.

If you are entering into this tos on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this tos, including the privacy policy, in which case the terms ’’you’’ or ’’your’’ or "Client" or "Customers" or " Users" will refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this tos, you must not accept this tos and may not use the service. You may not use the service if you are a competitor to Zixflow.

Zixflow and Its Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the Services to anyone who violates these Terms. The original language of these Terms is English. Zixflow and Its Supplier may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

Account at Zixflow

Certain features, functions, parts or elements of the Zixflow can be used or accessed only by holders of an Account. The person who wishes to create an Account must:

1.Complete the sign-up form on the Web Site

2.Accept these Terms by clicking ’’Sign up’’ or other similar button

Each Client may have only one Account. If several persons need to use an Account on behalf of Client, Client must designate such persons as Users. Each such User shall be subject to the restrictions set forth in these Terms.

If Client has designated Users and granted them Authorization, such Users will be deemed to be authorized to act on behalf of Client when using the Account. Zixflow is not responsible for and shall have no liability for verifying the validity of Authorization of any User. However, Zixflow may, in its discretion, request additional information or proof of the person’s credentials. If Zixflow is not certain if a User has been granted Authorization, Zixflow may, in its sole discretion, prevent such User from accessing the Zixflow Services.

A User may be associated with multiple Clients and Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.

The Client and any User associated with an Account must provide Zixflow with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.

Login to Account

Zixflow shall provide Client with a username and password (’’Login Credentials’’) to be used to log in to its Account unless the Client uses the another services to log in. These Login Credentials must not be used by multiple persons. If Client has designated several Users, each User will be provided with separate Login Credentials. Client and each User are responsible for keeping confidential all login credentials associated with an Account.

Termination of Zixflow Account

Client may terminate these Terms at any time as provided in ’’Suspension and Termination’’ section. Zixflow shall permanently delete the Account [user information] within one month of the effective date of the termination.

Subscription Charges

The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable (user subscription, voice credits, etc.), i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, Client elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.

All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.

Zixflow may, without any liability to Company or any third party, immediately suspend Company’s access to, and use of, the Zixflow Platform and/or performing any of the related services including due to any of the following reasons: (a) Zixflow’s reasonable belief that it is obligated to comply with an order, instruction or request of any court, administrative tribunal, governmental or regulatory body; (b)Carrier request; (c) Zixflow’s belief that the Content and/or the use of the Zixflow Platform or any part thereof is violating any Applicable Law, the Rules or the terms of services; (d) unauthorized or fraudulent use of the Zixflow Platform; (e) Company’s breach or suspected breach of this terms; or (f) Zixflow’s maintenance or repair of the Zixflow Platform. If such suspension is a direct result of any action by Company, Company will immediately take all necessary steps to fix such issues.

Terms of Service for Zixflow Wallet System:

  • Zixflow offers a wallet system as part of our subscription services. This wallet can be used to recharge your balance for campaigns or sending communications, as well as for any add-ons on the Zixflow platform.
  • Please note that once the wallet balance is used or unused for any services, refunds will not be provided. However, any unused wallet balance can be adjusted to any other services on the Zixflow platform.
  • If you wish to use your wallet balance for other services, please reach out to our support team for assistance.
  • Zixflow reserves the right to change the terms of our wallet system at any time, without prior notice.
  • By using the Zixflow wallet system, you agree to these terms and conditions. If you do not agree with these terms, please do not use the wallet system.
  • Zixflow is not responsible for any loss or damage that may occur as a result of using our wallet system. Users assume full responsibility for the security and use of their wallet account.
  • Zixflow reserves the right to suspend or terminate any wallet account that violates our terms of service or any applicable laws or regulations.
  • These terms and conditions are governed by the laws of the jurisdiction where Zixflow operates. Any disputes arising from the use of our wallet system will be resolved through binding arbitration in accordance with the rules of the jurisdiction where Zixflow operates.
  • If you have any questions or concerns about our wallet system or these terms of service, please contact our customer support team (support@Zixflow.com) for assistance.

Terms of Service for Fraudulent Transactions:

Zixflow takes fraudulent transactions very seriously and will not tolerate any misuse of our different payment modes and payment gateway systems, such as Stripe, Razorpay etc.

If we discover that a customer has used another person's credit card or any other fraudulent method to recharge their wallet, Zixflow will not be responsible for any refunds and reserves the right to block access to the platform or account without prior notice. In such cases, Zixflow also reserves the right to take legal action against the customer responsible for the fraudulent activity.

Please note that our platform is open to the public, and anyone can sign up and use our services. Therefore, Zixflow cannot be held responsible for any damages resulting from fraudulent activity by our customers. By using our platform, you agree to hold Zixflow, its employees, and any third-party partners harmless from any damages, losses, or expenses resulting from fraudulent activity by any customer using our services. If you suspect fraudulent activity on your account, please contact our customer support team immediately for assistance. We will investigate the matter and take appropriate action as necessary.

Changing the Subscription Plans

Any Client has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Zixflow. In such an event, the Client’s credit card on file with the Zixflow will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan. Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of Client Data.

Free Trial Service

A new Client may be entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by the Zixflow in co-operation with its partners. The Client is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable Plan and pay the first Fee. If the Client does not pay the first Fee within 2 weeks as of the expiry of the Free Trial, Zixflow has the right to permanently delete the Account, including all Client Data therein.

Accessing the Service(s)

You are responsible for procuring and maintaining the network connections that connect You to the Service(s). Your access to and use of the Service(s) may require You to use or maintain specific browser software, security certifications and other procedures that supports protocols used by the Service(s).

  1. during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance through Our Service(s)) (’’Planned Downtime’’)
  1. During any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Eastern Time zone) and other off-peak hours.

The Services(s) And Website Updates

Our Service(s): We may update the Service(s) from time to time and You may receive notifications of such upgrades, enhancements or updates (’’Updates’’). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.

Third party services and network connections: We are not responsible for notifying You of any upgrades, fixes or enhancements to any such services or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the internet) which are not owned, operated or controlled by Us. You agree that We are not responsible for the reliability or performance of any services or connections as described in this sub-section.

Websites: We may also change content on Our Websites at any time. However, please note that any of the content on Our Websites may be out of date at any given time, and We are under no obligation to update it. For clarity, this sub-section refers to Our Websites excluding the Service(s). We may discontinue or change any part of Our Websites, that does not affect the Service(s), without notifying You. Our Websites may contain links to websites, content and resources provided by third parties (’’Third Party Links’’). These Third Party Links are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Links and are not responsible for Your access or use of these Third Party Links.

Intellectual Property Rights

Ownership of IPR: All Our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the Websites, and any part of it (collectively, ’’Intellectual Property Rights’’) shall belong to and remain exclusively with Us. We are the owner or the licensee of all Intellectual Property Rights in Our Websites, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on Our Websites for commercial purposes without obtaining a license to do so from Us or Our licensors. Further, We claim no intellectual property rights over the content You upload or provide to the Service(s).

Grant of License to Us: We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or Websites or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You.

Unless You notify Us otherwise by an e-mail to support@Zixflow.com, You agree to grant Us a royalty-free, worldwide, transferable license to use Your trademark or logo to identify You as Our customer on Our Websites and/or marketing collateral.

We may obtain and aggregate technical and other data about Your use of the Service(s) that is non-personally identifiable with respect to You (’’Aggregated Anonymous Data’’), and We may use the Aggregated Anonymous Data to improve, support and operate the Service(s). For clarity, You are not identified as the source of any Aggregated Anonymous Data and no Personal Data is collected as a part of Aggregate Anonymous Data.

Grant of License to You: Our product and service names, and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, ’’Marks’’), and You may only use such Marks to identify You as a user of the Service(s) You have subscribed to.

Reservation of Rights: All rights not expressly provided to You herein are reserved.

SMS, Voice, Email, Phone and All Communication Service(s)

If You use the SMS, voice, Email, Whatsapp, Phone or any other communication channel service, You understand and agree that

  1. The SMS, voice, Email, Whatsapp, Phone or any other communication channel service is not intended to support or carry emergency calls to any emergency services such as public safety answering points.

  1. We will not be held liable for any claim, damages or loss (and You hereby waive any and all such claims or causes of action), arising from or relating to Your (or Users or End-Customers) inability to use the phone service to make such emergency calls
  2. You are solely responsible for Your operation of the phone service in compliance with all applicable laws in all jurisdictions governing use of the Service(s) by You, Your Affiliates, Users and End-Customers, including but not limited to telephone recording and wiretapping laws.

  1. You will defend, hold harmless and indemnify Us from and against any third party claim arising from any of the foregoing. We may disable the phone numbers provided to You if Your subscription to the Service(s), Account or rights to access and/or use the Service(s) are otherwise suspended, or terminated.

In the event that You wish to port-out Your phone number upon termination of Your subscription to the Service(s) or for any other reason, You agree to notify support@Zixflow.com. Upon receipt of such request, We shall use reasonable efforts to assist You in the port-out to the third-party service provider of Your choice. Use of this phone service is subject to the payment of additional fees and charges, including, without limitation, the phone call rates as detailed on the Websites. When enabling the phone service, You are consenting, on behalf of You and Your Users and End-Customers to the Processing of Your Data (as generated by or necessary for the provision or operation of the phone service) by the third-party service provider We utilize to provide the phone service. If the service provider, phone operator, does not support the port-out facility in this case you won’t be able to port out the number to any other vendor. We will not be responsible for any portability and any loss of number in the process.

Client represents, warrants and agrees that all Content, and Client’s use of the Zixflow Platform and related services, shall at all times comply with all Applicable Laws and Rules (including all opt-in and opt-out requirements), and the Long Code Messaging Policy attached hereto in the event that Client is utilizing 10 DLC Messaging. Specific compliance provisions set forth else wherein this Terms shall not limit the generality of the foregoing sentence. Additionally, Client represents, warrants and agrees that the Content will not contain any viruses, worms, trap doors, back doors, timers, clocks, counter or other limiting routines, instructions or designs. Client acknowledges and agrees that Zixflow is a conduit for Client’s distribution and publication of Content. As such, Client is solely responsible for all Content transmitted pursuant to this Agreement and for the distribution and publication thereof to any Mobile End Users’ Mobile Device. Client creates, controls and manages the list of Mobile Numbers to which Messages may be sent, and Zixflow is not responsible in any way for any Content or the distribution and publication there of. At all times Client controls and maintains sole responsibility of its Mobile End User recipient list(s), the scheduled times for transmission of Messages, and the Content.

Third Party and Other Service(s)

Certain third party services such as Integrations are made available to You through the Apps, App Store & Addons section or other forums where applications are developed for their integration with the Service(s) such as Custom Apps. You have the option to enable these third party services and integrate them into Our Service(s). These third party services are governed by their own terms and privacy policies and You agree that We are not responsible for Your use of these third party services. You may be notified that You are downloading or integrating Apps or applications not developed by Us.

By downloading and installing such Apps or applications within Your Account, You understand and agree that We do not provide any warranties whatsoever for such Apps or applications and We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such third party services, or Your reliance on the privacy practices, data security processes or other policies of such third party services. For clarity, We may publish Apps in the Apps and Addon section that are developed and maintained by Us. Such Apps published by Us will be governed by these Terms.

Support And Maintenance for Other Third Party Services

You understand that We are not responsible for providing technical support for Other Services. To this extent, You shall address any comments, queries, complaints or feedback about such Other Services to the respective developers or publishers as specified in the Apps & Addon section or other forums.

Billing, Plan Modifications and Payments Subscription Charges

Except during Your free trial, all charges associated with Your Account (’’Subscription Charges’’) are due in full and payable in advance when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Service Plans You choose and are payable in full until You terminate Your Account. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).

Payment Methods

You may pay the Subscription Charges through Your credit card, or other accepted payment methods as specified in a Form. For credit card payments, Your payment is due immediately upon Your renewal date. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within seven (7) days of Our invoice date unless otherwise stated in a Form.

Renewal

Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account, Your credit card will be charged automatically for the applicable Subscription Charges.

We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing us at support@Zixflow.com.

Refunds: Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You.

Late Payments/Non-payment of Subscription Charges, Plans and Add Ons

We will notify You if We do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our notice and for payments through other accepted methods, We must receive payments within a maximum of fifteen (15) days from the date of Our notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge an interest for late payment @1.5% per month and/or; (ii) suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account as explained in ’’Suspension and Termination’’ section. If Payment is not received in the given time your account will be suspended and deleted and all data will be lost.

Upgrades and Downgrades

You may upgrade or downgrade within a Service Plan or between two Service Plans. You understand that downgrading may cause loss of content, features, or capacity of the Service(s) as available to You before downgrading Your Account. We will not be liable for such loss. When You upgrade, the new Subscription Charges become immediately applicable. Upon upgrade, the new Subscription Charges for the subsisting month would be charged on pro-rated basis and Your credit card will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges. Upon downgrade, no refunds will be provided. Your account will be auto downgraded from next billing period.

Applicable Taxes

Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively ’’Taxes’’). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

Benefits, Discounts and Offers

Apart from the credits provided to You when You downgrade, We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of offer unless it is specified in the offer itself by Zixflow.

Charges for Add-Ons

Some features are offered as add-ons inside Zixflow . If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons are intended for particular use cases and may have additional terms or restrictions (’’Additional Terms.’’) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.

Billing Subscription Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Restrictions

Client and its authorized Users may use the Zixflow Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the Client nor any User may:

  1. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Customers in furtherance of Your internal business purposes as expressly permitted by these Terms;
  2. use the Service(s) to Process data on behalf of any third party other than Your Users and End- Customers;
  3. modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks;
  4. falsely imply any sponsorship or association with Us;
  5. use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights;
  6. use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;
  7. use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights;
  8. use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components;
  9. attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s);
  10. use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
  11. use the Service(s) to store or transmit any ’’protected health information’’ as that term is defined in 45 C.F.R. 160.103 unless expressly agreed to otherwise in writing by Us;
  12. use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (’’Malicious Software’’);
  13. establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
  14. use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;
  15. try to use, or use the Service(s) in violation of these Terms.
  16. Copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Zixflow Services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that the Supplier is not permitted by that applicable law to exclude or limit the foregoing rights

You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.

If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.

Suspension And Termination

We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use the Service(s), if such suspension or termination is in accordance with these Terms.

Suspension and Termination by us : In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (’’Cure Period’’) to cure or cease such activities. If You do not cure or cease such activities within said Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated.

Termination by You: If You pay for Your Account through credit card, You may elect to terminate Your Account at any time by clicking on the Subscription Settings’ link in the ’’Setup’ page when You log in to Our Service(s). If payments for Your Account is made through other accepted payment methods, You may terminate Your Account by writing to support@Zixflow.com

Immediately by either party: if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

Effect of Terminating Your Account

  1. Data Export: We strongly recommend that You export all Your Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us or if You do not subscribe to a Service Plan on expiry of Your free trial, Your Data will be retained for a period of 14 days (’’Data Retention Period’’) from such termination or expiry of free trial within which You may contact Us to export Your Data. Beyond this Data Retention Period, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once it is deleted.
  2. Charges: If You terminate Your Account prior to the end of Your then-effective Subscription Term or We effect such termination, in addition to other amounts You may owe Us, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by Us in writing. This amount will not be payable by You in the event You terminate Your subscription to the Service(s) or terminate Your Account as a result of a material breach of these Terms by Us, provided that You provide advance notice of such breach to Us and afford Us not less than thirty (30) days to reasonably cure such breach.

Data Privacy and Security; Confidentiality

If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms.

Confidentiality obligations: Each of us will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of us protects our own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use the other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this sub-section shall supersede any non-disclosure agreement by and between You and Us entered prior to these Terms that would purport to address the confidentiality of Your Data and such agreement shall have no further force or effect with respect to Your Data.

Security of Your Data: We will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data. These safeguards may include encryption of Your Data in transmission (using SSL or similar technologies) as described further in the Security Policy on Our Websites.

You agree that We, and the service providers We utilize to assist in providing the Service(s) to You, shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service(s), including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations. Group Companies may also access or disclose information about You, Your Account, Users or End-Customers, including Your Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect Group Companies’ or Our customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service(s); (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities.

To the extent We Process any Personal Data on Your behalf in connection with use of the Service(s) by You, Your Users and/or End-Customers, You and We hereby agree that You shall be deemed to be the data controller and We shall be deemed to be the data processor as those terms are understood under the Directive (and any applicable national legislation implementing the Directive). By utilizing the Service(s), You consent, on behalf of You and Your Users and End-Customers (and represent that You have the authority to consent on behalf of Your Users and End-Customers) to the Processing of Your Data, including, without limitation, any Personal Data, within the Group Companies and to other authorized service providers pursuant to these Terms and Our Privacy Policy.

Data collection and privacy: We collect certain information about You as well as Your customers and their respective devices, computers and use of the Service(s). We use, disclose, and protect this information as described in Our Privacy Policy, which is incorporated into these Terms by references.

Protection of Client Data

Zixflow may use service providers to perform the Services. Zixflow will make reasonable efforts to ensure that data transfers to service providers meet requirements applicable to Clients’ processing of data and such data transfers in these Terms for Client’s consideration.

By agreeing to these Terms, the Client authorizes the Zixflow to engage with service providers for the purposes of performing the Services.

Communication From Us

Apart from the communications specified in Our Privacy Policy, We may contact You directly via e-mail to notify You if

  1. You are in violation of these Terms;
  2. A specific activity or purpose is prohibited with respect to the Service(s), so that You immediately cease use of the Service(s) for such prohibited activity or purpose; or
  3. You maintain an exceptionally high number of Users, an unusually high monthly ticket ratio per Users, an unusually high level of open tickets or other excessive stress on the Service(s).

Subject matter and nature of processing

The Zixflow provides the Platform where the Client, as the data controller, can collect, store and organize the personal data of data subjects determined by the Client.

The Platform has been designed to work as a sales CRM tool but, to the extent not regulated by these Terms, the Client decides how they use the Platform.

Beta Services

Zixflow may offer certain Features of functionality for the purpose of testing and evaluation (“Beta Service” or “Beta Services”). We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to the Client. The Client agrees that the Zixflow will not be liable to the Client or to any third party for any harm related to, arising out of the Client’s use of the Beta Services, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Disclaimer of warranties

The websites and the service(s), including all server and network components are provided on an ’’as is’’ and ’’as available’’ basis, without any warranties of any kind to the fullest extent permitted by applicable law. We expressly disclaim any and all conditions, representations, warranties or other terms, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

You acknowledge that we do not warrant that the service(s) or websites will be uninterrupted, timely, secure or error-free and you further acknowledge that we do not warrant that the access to the service(s), which is provided over internet and various telecommunications networks, all of which are beyond our control, will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software.

The content on our websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites. No information or advice obtained by you from us or through the service(s) or websites shall create any warranty not expressly stated in these terms.

Limitation of liberty

To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty,negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, our aggregate liability and that of our affiliates, officers, employees, agents, suppliers and licensors, relating to the service(s), will be limited to an amount equal to the lower of (a) twelve months of the subscription charges for the service(s) to which the claim relates; or (b) the subscription charges paid by you, for the service(s) to which the claim relates prior to the first event or occurrence giving rise to such liability.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to defend, indemnify and hold harmless Zixflow and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an ’’AS IS’’ and ’’AS AVAILABLE’’ basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Zixflow its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Updates

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

For Google Users

Zixflow use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Zixflow does not share Google user data with any third party AI tools or third-party tools. If we introduce such features in the future, we'll update our terms, notify users, seek their consent, and allow opt-out.

Website Content and Trademarks

All trademarks including names and logos mentioned on Zixflow.com website and its blogs content belong to their respective owners. For instance, "WhatsApp" and its logo are trademarks of WhatsApp, LLC, Used only as a reference under Fair Usage Policy. We make no claim of ownership and utilize them solely for "fair use" informational and educational purposes.

Contact Us

Please contact us with any questions or comments about this Policy by email at support@Zixflow.com

Terms & Conditions

1.Introduction

When we say ’’we,’’ ’’us,’’ ’’our,’’ ’’Zixflow,’’ we are referring to Zixflow LLC, a State of Delaware company and Partner company Zixflow Pvt Ltd, India based entity (India business) provides its service (as defined below) to you through the Zixflow website (the ’’site’’), subject to this terms of service agreement (’’tos’’). By accepting this tos or by accessing or using the service or site, you acknowledge that you have read, understood, and agree to be bound by this tos and our privacy policy, which is incorporated by reference into this terms of service.

If you are entering into this tos on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this tos, including the privacy policy, in which case the terms ’’you’’ or ’’your’’ or "Client" or "Customers" or " Users" will refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this tos, you must not accept this tos and may not use the service. You may not use the service if you are a competitor to Zixflow.

Zixflow and Its Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the Services to anyone who violates these Terms. The original language of these Terms is English. Zixflow and Its Supplier may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

Account at Zixflow

Certain features, functions, parts or elements of the Zixflow can be used or accessed only by holders of an Account. The person who wishes to create an Account must:

1.Complete the sign-up form on the Web Site

2.Accept these Terms by clicking ’’Sign up’’ or other similar button

Each Client may have only one Account. If several persons need to use an Account on behalf of Client, Client must designate such persons as Users. Each such User shall be subject to the restrictions set forth in these Terms.

If Client has designated Users and granted them Authorization, such Users will be deemed to be authorized to act on behalf of Client when using the Account. Zixflow is not responsible for and shall have no liability for verifying the validity of Authorization of any User. However, Zixflow may, in its discretion, request additional information or proof of the person’s credentials. If Zixflow is not certain if a User has been granted Authorization, Zixflow may, in its sole discretion, prevent such User from accessing the Zixflow Services.

A User may be associated with multiple Clients and Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.

The Client and any User associated with an Account must provide Zixflow with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.

Login to Account

Zixflow shall provide Client with a username and password (’’Login Credentials’’) to be used to log in to its Account unless the Client uses the another services to log in. These Login Credentials must not be used by multiple persons. If Client has designated several Users, each User will be provided with separate Login Credentials. Client and each User are responsible for keeping confidential all login credentials associated with an Account.

Termination of Zixflow Account

Client may terminate these Terms at any time as provided in ’’Suspension and Termination’’ section. Zixflow shall permanently delete the Account [user information] within one month of the effective date of the termination.

Subscription Charges

The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable (user subscription, voice credits, etc.), i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, Client elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.

All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.

Zixflow may, without any liability to Company or any third party, immediately suspend Company’s access to, and use of, the Zixflow Platform and/or performing any of the related services including due to any of the following reasons: (a) Zixflow’s reasonable belief that it is obligated to comply with an order, instruction or request of any court, administrative tribunal, governmental or regulatory body; (b)Carrier request; (c) Zixflow’s belief that the Content and/or the use of the Zixflow Platform or any part thereof is violating any Applicable Law, the Rules or the terms of services; (d) unauthorized or fraudulent use of the Zixflow Platform; (e) Company’s breach or suspected breach of this terms; or (f) Zixflow’s maintenance or repair of the Zixflow Platform. If such suspension is a direct result of any action by Company, Company will immediately take all necessary steps to fix such issues.

Terms of Service for Zixflow Wallet System:

  • Zixflow offers a wallet system as part of our subscription services. This wallet can be used to recharge your balance for campaigns or sending communications, as well as for any add-ons on the Zixflow platform.
  • Please note that once the wallet balance is used or unused for any services, refunds will not be provided. However, any unused wallet balance can be adjusted to any other services on the Zixflow platform.
  • If you wish to use your wallet balance for other services, please reach out to our support team for assistance.
  • Zixflow reserves the right to change the terms of our wallet system at any time, without prior notice.
  • By using the Zixflow wallet system, you agree to these terms and conditions. If you do not agree with these terms, please do not use the wallet system.
  • Zixflow is not responsible for any loss or damage that may occur as a result of using our wallet system. Users assume full responsibility for the security and use of their wallet account.
  • Zixflow reserves the right to suspend or terminate any wallet account that violates our terms of service or any applicable laws or regulations.
  • These terms and conditions are governed by the laws of the jurisdiction where Zixflow operates. Any disputes arising from the use of our wallet system will be resolved through binding arbitration in accordance with the rules of the jurisdiction where Zixflow operates.
  • If you have any questions or concerns about our wallet system or these terms of service, please contact our customer support team (support@Zixflow.com) for assistance.

Terms of Service for Fraudulent Transactions:

Zixflow takes fraudulent transactions very seriously and will not tolerate any misuse of our different payment modes and payment gateway systems, such as Stripe, Razorpay etc.

If we discover that a customer has used another person's credit card or any other fraudulent method to recharge their wallet, Zixflow will not be responsible for any refunds and reserves the right to block access to the platform or account without prior notice. In such cases, Zixflow also reserves the right to take legal action against the customer responsible for the fraudulent activity.

Please note that our platform is open to the public, and anyone can sign up and use our services. Therefore, Zixflow cannot be held responsible for any damages resulting from fraudulent activity by our customers. By using our platform, you agree to hold Zixflow, its employees, and any third-party partners harmless from any damages, losses, or expenses resulting from fraudulent activity by any customer using our services. If you suspect fraudulent activity on your account, please contact our customer support team immediately for assistance. We will investigate the matter and take appropriate action as necessary.

Changing the Subscription Plans

Any Client has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Zixflow. In such an event, the Client’s credit card on file with the Zixflow will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan. Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of Client Data.

Free Trial Service

A new Client may be entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by the Zixflow in co-operation with its partners. The Client is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable Plan and pay the first Fee. If the Client does not pay the first Fee within 2 weeks as of the expiry of the Free Trial, Zixflow has the right to permanently delete the Account, including all Client Data therein.

Accessing the Service(s)

You are responsible for procuring and maintaining the network connections that connect You to the Service(s). Your access to and use of the Service(s) may require You to use or maintain specific browser software, security certifications and other procedures that supports protocols used by the Service(s).

  1. during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance through Our Service(s)) (’’Planned Downtime’’)
  1. During any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Eastern Time zone) and other off-peak hours.

The Services(s) And Website Updates

Our Service(s): We may update the Service(s) from time to time and You may receive notifications of such upgrades, enhancements or updates (’’Updates’’). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.

Third party services and network connections: We are not responsible for notifying You of any upgrades, fixes or enhancements to any such services or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the internet) which are not owned, operated or controlled by Us. You agree that We are not responsible for the reliability or performance of any services or connections as described in this sub-section.

Websites: We may also change content on Our Websites at any time. However, please note that any of the content on Our Websites may be out of date at any given time, and We are under no obligation to update it. For clarity, this sub-section refers to Our Websites excluding the Service(s). We may discontinue or change any part of Our Websites, that does not affect the Service(s), without notifying You. Our Websites may contain links to websites, content and resources provided by third parties (’’Third Party Links’’). These Third Party Links are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Links and are not responsible for Your access or use of these Third Party Links.

Intellectual Property Rights

Ownership of IPR: All Our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the Websites, and any part of it (collectively, ’’Intellectual Property Rights’’) shall belong to and remain exclusively with Us. We are the owner or the licensee of all Intellectual Property Rights in Our Websites, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on Our Websites for commercial purposes without obtaining a license to do so from Us or Our licensors. Further, We claim no intellectual property rights over the content You upload or provide to the Service(s).

Grant of License to Us: We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or Websites or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You.

Unless You notify Us otherwise by an e-mail to support@Zixflow.com, You agree to grant Us a royalty-free, worldwide, transferable license to use Your trademark or logo to identify You as Our customer on Our Websites and/or marketing collateral.

We may obtain and aggregate technical and other data about Your use of the Service(s) that is non-personally identifiable with respect to You (’’Aggregated Anonymous Data’’), and We may use the Aggregated Anonymous Data to improve, support and operate the Service(s). For clarity, You are not identified as the source of any Aggregated Anonymous Data and no Personal Data is collected as a part of Aggregate Anonymous Data.

Grant of License to You: Our product and service names, and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, ’’Marks’’), and You may only use such Marks to identify You as a user of the Service(s) You have subscribed to.

Reservation of Rights: All rights not expressly provided to You herein are reserved.

SMS, Voice, Email, Phone and All Communication Service(s)

If You use the SMS, voice, Email, Whatsapp, Phone or any other communication channel service, You understand and agree that

  1. The SMS, voice, Email, Whatsapp, Phone or any other communication channel service is not intended to support or carry emergency calls to any emergency services such as public safety answering points.

  1. We will not be held liable for any claim, damages or loss (and You hereby waive any and all such claims or causes of action), arising from or relating to Your (or Users or End-Customers) inability to use the phone service to make such emergency calls
  2. You are solely responsible for Your operation of the phone service in compliance with all applicable laws in all jurisdictions governing use of the Service(s) by You, Your Affiliates, Users and End-Customers, including but not limited to telephone recording and wiretapping laws.

  1. You will defend, hold harmless and indemnify Us from and against any third party claim arising from any of the foregoing. We may disable the phone numbers provided to You if Your subscription to the Service(s), Account or rights to access and/or use the Service(s) are otherwise suspended, or terminated.

In the event that You wish to port-out Your phone number upon termination of Your subscription to the Service(s) or for any other reason, You agree to notify support@Zixflow.com. Upon receipt of such request, We shall use reasonable efforts to assist You in the port-out to the third-party service provider of Your choice. Use of this phone service is subject to the payment of additional fees and charges, including, without limitation, the phone call rates as detailed on the Websites. When enabling the phone service, You are consenting, on behalf of You and Your Users and End-Customers to the Processing of Your Data (as generated by or necessary for the provision or operation of the phone service) by the third-party service provider We utilize to provide the phone service. If the service provider, phone operator, does not support the port-out facility in this case you won’t be able to port out the number to any other vendor. We will not be responsible for any portability and any loss of number in the process.

Client represents, warrants and agrees that all Content, and Client’s use of the Zixflow Platform and related services, shall at all times comply with all Applicable Laws and Rules (including all opt-in and opt-out requirements), and the Long Code Messaging Policy attached hereto in the event that Client is utilizing 10 DLC Messaging. Specific compliance provisions set forth else wherein this Terms shall not limit the generality of the foregoing sentence. Additionally, Client represents, warrants and agrees that the Content will not contain any viruses, worms, trap doors, back doors, timers, clocks, counter or other limiting routines, instructions or designs. Client acknowledges and agrees that Zixflow is a conduit for Client’s distribution and publication of Content. As such, Client is solely responsible for all Content transmitted pursuant to this Agreement and for the distribution and publication thereof to any Mobile End Users’ Mobile Device. Client creates, controls and manages the list of Mobile Numbers to which Messages may be sent, and Zixflow is not responsible in any way for any Content or the distribution and publication there of. At all times Client controls and maintains sole responsibility of its Mobile End User recipient list(s), the scheduled times for transmission of Messages, and the Content.

Third Party and Other Service(s)

Certain third party services such as Integrations are made available to You through the Apps, App Store & Addons section or other forums where applications are developed for their integration with the Service(s) such as Custom Apps. You have the option to enable these third party services and integrate them into Our Service(s). These third party services are governed by their own terms and privacy policies and You agree that We are not responsible for Your use of these third party services. You may be notified that You are downloading or integrating Apps or applications not developed by Us.

By downloading and installing such Apps or applications within Your Account, You understand and agree that We do not provide any warranties whatsoever for such Apps or applications and We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such third party services, or Your reliance on the privacy practices, data security processes or other policies of such third party services. For clarity, We may publish Apps in the Apps and Addon section that are developed and maintained by Us. Such Apps published by Us will be governed by these Terms.

Support And Maintenance for Other Third Party Services

You understand that We are not responsible for providing technical support for Other Services. To this extent, You shall address any comments, queries, complaints or feedback about such Other Services to the respective developers or publishers as specified in the Apps & Addon section or other forums.

Billing, Plan Modifications and Payments Subscription Charges

Except during Your free trial, all charges associated with Your Account (’’Subscription Charges’’) are due in full and payable in advance when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Service Plans You choose and are payable in full until You terminate Your Account. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).

Payment Methods

You may pay the Subscription Charges through Your credit card, or other accepted payment methods as specified in a Form. For credit card payments, Your payment is due immediately upon Your renewal date. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within seven (7) days of Our invoice date unless otherwise stated in a Form.

Renewal

Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account, Your credit card will be charged automatically for the applicable Subscription Charges.

We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing us at support@Zixflow.com.

Refunds: Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You.

Late Payments/Non-payment of Subscription Charges, Plans and Add Ons

We will notify You if We do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our notice and for payments through other accepted methods, We must receive payments within a maximum of fifteen (15) days from the date of Our notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge an interest for late payment @1.5% per month and/or; (ii) suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account as explained in ’’Suspension and Termination’’ section. If Payment is not received in the given time your account will be suspended and deleted and all data will be lost.

Upgrades and Downgrades

You may upgrade or downgrade within a Service Plan or between two Service Plans. You understand that downgrading may cause loss of content, features, or capacity of the Service(s) as available to You before downgrading Your Account. We will not be liable for such loss. When You upgrade, the new Subscription Charges become immediately applicable. Upon upgrade, the new Subscription Charges for the subsisting month would be charged on pro-rated basis and Your credit card will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges. Upon downgrade, no refunds will be provided. Your account will be auto downgraded from next billing period.

Applicable Taxes

Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively ’’Taxes’’). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

Benefits, Discounts and Offers

Apart from the credits provided to You when You downgrade, We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of offer unless it is specified in the offer itself by Zixflow.

Charges for Add-Ons

Some features are offered as add-ons inside Zixflow . If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons are intended for particular use cases and may have additional terms or restrictions (’’Additional Terms.’’) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.

Billing Subscription Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Restrictions

Client and its authorized Users may use the Zixflow Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the Client nor any User may:

  1. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Customers in furtherance of Your internal business purposes as expressly permitted by these Terms;
  2. use the Service(s) to Process data on behalf of any third party other than Your Users and End- Customers;
  3. modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks;
  4. falsely imply any sponsorship or association with Us;
  5. use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights;
  6. use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;
  7. use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights;
  8. use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components;
  9. attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s);
  10. use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
  11. use the Service(s) to store or transmit any ’’protected health information’’ as that term is defined in 45 C.F.R. 160.103 unless expressly agreed to otherwise in writing by Us;
  12. use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (’’Malicious Software’’);
  13. establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
  14. use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;
  15. try to use, or use the Service(s) in violation of these Terms.
  16. Copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Zixflow Services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that the Supplier is not permitted by that applicable law to exclude or limit the foregoing rights

You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.

If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.

Suspension And Termination

We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use the Service(s), if such suspension or termination is in accordance with these Terms.

Suspension and Termination by us : In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (’’Cure Period’’) to cure or cease such activities. If You do not cure or cease such activities within said Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated.

Termination by You: If You pay for Your Account through credit card, You may elect to terminate Your Account at any time by clicking on the Subscription Settings’ link in the ’’Setup’ page when You log in to Our Service(s). If payments for Your Account is made through other accepted payment methods, You may terminate Your Account by writing to support@Zixflow.com

Immediately by either party: if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

Effect of Terminating Your Account

  1. Data Export: We strongly recommend that You export all Your Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us or if You do not subscribe to a Service Plan on expiry of Your free trial, Your Data will be retained for a period of 14 days (’’Data Retention Period’’) from such termination or expiry of free trial within which You may contact Us to export Your Data. Beyond this Data Retention Period, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once it is deleted.
  2. Charges: If You terminate Your Account prior to the end of Your then-effective Subscription Term or We effect such termination, in addition to other amounts You may owe Us, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by Us in writing. This amount will not be payable by You in the event You terminate Your subscription to the Service(s) or terminate Your Account as a result of a material breach of these Terms by Us, provided that You provide advance notice of such breach to Us and afford Us not less than thirty (30) days to reasonably cure such breach.

Data Privacy and Security; Confidentiality

If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms.

Confidentiality obligations: Each of us will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of us protects our own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use the other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this sub-section shall supersede any non-disclosure agreement by and between You and Us entered prior to these Terms that would purport to address the confidentiality of Your Data and such agreement shall have no further force or effect with respect to Your Data.

Security of Your Data: We will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data. These safeguards may include encryption of Your Data in transmission (using SSL or similar technologies) as described further in the Security Policy on Our Websites.

You agree that We, and the service providers We utilize to assist in providing the Service(s) to You, shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service(s), including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations. Group Companies may also access or disclose information about You, Your Account, Users or End-Customers, including Your Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect Group Companies’ or Our customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service(s); (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities.

To the extent We Process any Personal Data on Your behalf in connection with use of the Service(s) by You, Your Users and/or End-Customers, You and We hereby agree that You shall be deemed to be the data controller and We shall be deemed to be the data processor as those terms are understood under the Directive (and any applicable national legislation implementing the Directive). By utilizing the Service(s), You consent, on behalf of You and Your Users and End-Customers (and represent that You have the authority to consent on behalf of Your Users and End-Customers) to the Processing of Your Data, including, without limitation, any Personal Data, within the Group Companies and to other authorized service providers pursuant to these Terms and Our Privacy Policy.

Data collection and privacy: We collect certain information about You as well as Your customers and their respective devices, computers and use of the Service(s). We use, disclose, and protect this information as described in Our Privacy Policy, which is incorporated into these Terms by references.

Protection of Client Data

Zixflow may use service providers to perform the Services. Zixflow will make reasonable efforts to ensure that data transfers to service providers meet requirements applicable to Clients’ processing of data and such data transfers in these Terms for Client’s consideration.

By agreeing to these Terms, the Client authorizes the Zixflow to engage with service providers for the purposes of performing the Services.

Communication From Us

Apart from the communications specified in Our Privacy Policy, We may contact You directly via e-mail to notify You if

  1. You are in violation of these Terms;
  2. A specific activity or purpose is prohibited with respect to the Service(s), so that You immediately cease use of the Service(s) for such prohibited activity or purpose; or
  3. You maintain an exceptionally high number of Users, an unusually high monthly ticket ratio per Users, an unusually high level of open tickets or other excessive stress on the Service(s).

Subject matter and nature of processing

The Zixflow provides the Platform where the Client, as the data controller, can collect, store and organize the personal data of data subjects determined by the Client.

The Platform has been designed to work as a sales CRM tool but, to the extent not regulated by these Terms, the Client decides how they use the Platform.

Beta Services

Zixflow may offer certain Features of functionality for the purpose of testing and evaluation (“Beta Service” or “Beta Services”). We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to the Client. The Client agrees that the Zixflow will not be liable to the Client or to any third party for any harm related to, arising out of the Client’s use of the Beta Services, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Disclaimer of warranties

The websites and the service(s), including all server and network components are provided on an ’’as is’’ and ’’as available’’ basis, without any warranties of any kind to the fullest extent permitted by applicable law. We expressly disclaim any and all conditions, representations, warranties or other terms, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

You acknowledge that we do not warrant that the service(s) or websites will be uninterrupted, timely, secure or error-free and you further acknowledge that we do not warrant that the access to the service(s), which is provided over internet and various telecommunications networks, all of which are beyond our control, will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software.

The content on our websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites. No information or advice obtained by you from us or through the service(s) or websites shall create any warranty not expressly stated in these terms.

Limitation of liberty

To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty,negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, our aggregate liability and that of our affiliates, officers, employees, agents, suppliers and licensors, relating to the service(s), will be limited to an amount equal to the lower of (a) twelve months of the subscription charges for the service(s) to which the claim relates; or (b) the subscription charges paid by you, for the service(s) to which the claim relates prior to the first event or occurrence giving rise to such liability.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to defend, indemnify and hold harmless Zixflow and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an ’’AS IS’’ and ’’AS AVAILABLE’’ basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Zixflow its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Updates

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

For Google Users

Zixflow use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Zixflow does not share Google user data with any third party AI tools or third-party tools. If we introduce such features in the future, we'll update our terms, notify users, seek their consent, and allow opt-out.

Website Content and Trademarks

All trademarks including names and logos mentioned on Zixflow.com website and its blogs content belong to their respective owners. For instance, "WhatsApp" and its logo are trademarks of WhatsApp, LLC, Used only as a reference under Fair Usage Policy. We make no claim of ownership and utilize them solely for "fair use" informational and educational purposes.

Contact Us

Please contact us with any questions or comments about this Policy by email at support@Zixflow.com

Terms & Conditions

1.Introduction

When we say ’’we,’’ ’’us,’’ ’’our,’’ ’’Zixflow,’’ we are referring to Zixflow LLC, a State of Delaware company and Partner company Zixflow Pvt Ltd, India based entity (India business) provides its service (as defined below) to you through the Zixflow website (the ’’site’’), subject to this terms of service agreement (’’tos’’). By accepting this tos or by accessing or using the service or site, you acknowledge that you have read, understood, and agree to be bound by this tos and our privacy policy, which is incorporated by reference into this terms of service.

If you are entering into this tos on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this tos, including the privacy policy, in which case the terms ’’you’’ or ’’your’’ or "Client" or "Customers" or " Users" will refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this tos, you must not accept this tos and may not use the service. You may not use the service if you are a competitor to Zixflow.

Zixflow and Its Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the Services to anyone who violates these Terms. The original language of these Terms is English. Zixflow and Its Supplier may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

Account at Zixflow

Certain features, functions, parts or elements of the Zixflow can be used or accessed only by holders of an Account. The person who wishes to create an Account must:

1.Complete the sign-up form on the Web Site

2.Accept these Terms by clicking ’’Sign up’’ or other similar button

Each Client may have only one Account. If several persons need to use an Account on behalf of Client, Client must designate such persons as Users. Each such User shall be subject to the restrictions set forth in these Terms.

If Client has designated Users and granted them Authorization, such Users will be deemed to be authorized to act on behalf of Client when using the Account. Zixflow is not responsible for and shall have no liability for verifying the validity of Authorization of any User. However, Zixflow may, in its discretion, request additional information or proof of the person’s credentials. If Zixflow is not certain if a User has been granted Authorization, Zixflow may, in its sole discretion, prevent such User from accessing the Zixflow Services.

A User may be associated with multiple Clients and Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.

The Client and any User associated with an Account must provide Zixflow with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.

Login to Account

Zixflow shall provide Client with a username and password (’’Login Credentials’’) to be used to log in to its Account unless the Client uses the another services to log in. These Login Credentials must not be used by multiple persons. If Client has designated several Users, each User will be provided with separate Login Credentials. Client and each User are responsible for keeping confidential all login credentials associated with an Account.

Termination of Zixflow Account

Client may terminate these Terms at any time as provided in ’’Suspension and Termination’’ section. Zixflow shall permanently delete the Account [user information] within one month of the effective date of the termination.

Subscription Charges

The use of an Account is subject to a Fee. Upon sign-up for an Account, the Client must select a Plan. Different rates apply to different Plans. The applicable Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between parties. All Fees are non-refundable (user subscription, voice credits, etc.), i.e. there are no refunds or credits for periods where the Client did not use an activated Account, used it only partially, or deactivated the Account or terminated these Terms during an ongoing payment interval. If, after signing up, Client elects to upgrade to a more expensive Plan, the unused portion of any prepaid Fees shall be applied to the Fee of the more expensive Plan.

All Fees are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. Client is solely responsible for the payment of such taxes, levies or duties.

Zixflow may, without any liability to Company or any third party, immediately suspend Company’s access to, and use of, the Zixflow Platform and/or performing any of the related services including due to any of the following reasons: (a) Zixflow’s reasonable belief that it is obligated to comply with an order, instruction or request of any court, administrative tribunal, governmental or regulatory body; (b)Carrier request; (c) Zixflow’s belief that the Content and/or the use of the Zixflow Platform or any part thereof is violating any Applicable Law, the Rules or the terms of services; (d) unauthorized or fraudulent use of the Zixflow Platform; (e) Company’s breach or suspected breach of this terms; or (f) Zixflow’s maintenance or repair of the Zixflow Platform. If such suspension is a direct result of any action by Company, Company will immediately take all necessary steps to fix such issues.

Terms of Service for Zixflow Wallet System:

  • Zixflow offers a wallet system as part of our subscription services. This wallet can be used to recharge your balance for campaigns or sending communications, as well as for any add-ons on the Zixflow platform.
  • Please note that once the wallet balance is used or unused for any services, refunds will not be provided. However, any unused wallet balance can be adjusted to any other services on the Zixflow platform.
  • If you wish to use your wallet balance for other services, please reach out to our support team for assistance.
  • Zixflow reserves the right to change the terms of our wallet system at any time, without prior notice.
  • By using the Zixflow wallet system, you agree to these terms and conditions. If you do not agree with these terms, please do not use the wallet system.
  • Zixflow is not responsible for any loss or damage that may occur as a result of using our wallet system. Users assume full responsibility for the security and use of their wallet account.
  • Zixflow reserves the right to suspend or terminate any wallet account that violates our terms of service or any applicable laws or regulations.
  • These terms and conditions are governed by the laws of the jurisdiction where Zixflow operates. Any disputes arising from the use of our wallet system will be resolved through binding arbitration in accordance with the rules of the jurisdiction where Zixflow operates.
  • If you have any questions or concerns about our wallet system or these terms of service, please contact our customer support team (support@Zixflow.com) for assistance.

Terms of Service for Fraudulent Transactions:

Zixflow takes fraudulent transactions very seriously and will not tolerate any misuse of our different payment modes and payment gateway systems, such as Stripe, Razorpay etc.

If we discover that a customer has used another person's credit card or any other fraudulent method to recharge their wallet, Zixflow will not be responsible for any refunds and reserves the right to block access to the platform or account without prior notice. In such cases, Zixflow also reserves the right to take legal action against the customer responsible for the fraudulent activity.

Please note that our platform is open to the public, and anyone can sign up and use our services. Therefore, Zixflow cannot be held responsible for any damages resulting from fraudulent activity by our customers. By using our platform, you agree to hold Zixflow, its employees, and any third-party partners harmless from any damages, losses, or expenses resulting from fraudulent activity by any customer using our services. If you suspect fraudulent activity on your account, please contact our customer support team immediately for assistance. We will investigate the matter and take appropriate action as necessary.

Changing the Subscription Plans

Any Client has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the Zixflow. In such an event, the Client’s credit card on file with the Zixflow will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan. Downgrading of the current Plan may cause the loss of features or capacity of the Account, as well as the loss of Client Data.

Free Trial Service

A new Client may be entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by the Zixflow in co-operation with its partners. The Client is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable Plan and pay the first Fee. If the Client does not pay the first Fee within 2 weeks as of the expiry of the Free Trial, Zixflow has the right to permanently delete the Account, including all Client Data therein.

Accessing the Service(s)

You are responsible for procuring and maintaining the network connections that connect You to the Service(s). Your access to and use of the Service(s) may require You to use or maintain specific browser software, security certifications and other procedures that supports protocols used by the Service(s).

  1. during planned downtime for upgrades and maintenance to the Service(s) (of which We will use commercially reasonable efforts to notify You in advance through Our Service(s)) (’’Planned Downtime’’)
  1. During any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Our reasonable control (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.

We will use commercially reasonable efforts to schedule Planned Downtime for weekends (Eastern Time zone) and other off-peak hours.

The Services(s) And Website Updates

Our Service(s): We may update the Service(s) from time to time and You may receive notifications of such upgrades, enhancements or updates (’’Updates’’). Any new or modified features added to or augmenting or otherwise modifying the Service(s) or other updates, modifications or enhancements to the Service(s) are also subject to these Terms and We reserve the right to deploy Updates at any time.

Third party services and network connections: We are not responsible for notifying You of any upgrades, fixes or enhancements to any such services or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the internet) which are not owned, operated or controlled by Us. You agree that We are not responsible for the reliability or performance of any services or connections as described in this sub-section.

Websites: We may also change content on Our Websites at any time. However, please note that any of the content on Our Websites may be out of date at any given time, and We are under no obligation to update it. For clarity, this sub-section refers to Our Websites excluding the Service(s). We may discontinue or change any part of Our Websites, that does not affect the Service(s), without notifying You. Our Websites may contain links to websites, content and resources provided by third parties (’’Third Party Links’’). These Third Party Links are governed by their own terms and privacy policies and You agree that We have no control over these Third Party Links and are not responsible for Your access or use of these Third Party Links.

Intellectual Property Rights

Ownership of IPR: All Our patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Service(s), including the Websites, and any part of it (collectively, ’’Intellectual Property Rights’’) shall belong to and remain exclusively with Us. We are the owner or the licensee of all Intellectual Property Rights in Our Websites, and the content or material published on it. Those works are protected by copyright laws and treaties around the world. You must not use any part of the content on Our Websites for commercial purposes without obtaining a license to do so from Us or Our licensors. Further, We claim no intellectual property rights over the content You upload or provide to the Service(s).

Grant of License to Us: We shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service(s) or Websites or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You.

Unless You notify Us otherwise by an e-mail to support@Zixflow.com, You agree to grant Us a royalty-free, worldwide, transferable license to use Your trademark or logo to identify You as Our customer on Our Websites and/or marketing collateral.

We may obtain and aggregate technical and other data about Your use of the Service(s) that is non-personally identifiable with respect to You (’’Aggregated Anonymous Data’’), and We may use the Aggregated Anonymous Data to improve, support and operate the Service(s). For clarity, You are not identified as the source of any Aggregated Anonymous Data and no Personal Data is collected as a part of Aggregate Anonymous Data.

Grant of License to You: Our product and service names, and logos used or displayed on the Service(s) or Websites are Our registered or unregistered trademarks (collectively, ’’Marks’’), and You may only use such Marks to identify You as a user of the Service(s) You have subscribed to.

Reservation of Rights: All rights not expressly provided to You herein are reserved.

SMS, Voice, Email, Phone and All Communication Service(s)

If You use the SMS, voice, Email, Whatsapp, Phone or any other communication channel service, You understand and agree that

  1. The SMS, voice, Email, Whatsapp, Phone or any other communication channel service is not intended to support or carry emergency calls to any emergency services such as public safety answering points.

  1. We will not be held liable for any claim, damages or loss (and You hereby waive any and all such claims or causes of action), arising from or relating to Your (or Users or End-Customers) inability to use the phone service to make such emergency calls
  2. You are solely responsible for Your operation of the phone service in compliance with all applicable laws in all jurisdictions governing use of the Service(s) by You, Your Affiliates, Users and End-Customers, including but not limited to telephone recording and wiretapping laws.

  1. You will defend, hold harmless and indemnify Us from and against any third party claim arising from any of the foregoing. We may disable the phone numbers provided to You if Your subscription to the Service(s), Account or rights to access and/or use the Service(s) are otherwise suspended, or terminated.

In the event that You wish to port-out Your phone number upon termination of Your subscription to the Service(s) or for any other reason, You agree to notify support@Zixflow.com. Upon receipt of such request, We shall use reasonable efforts to assist You in the port-out to the third-party service provider of Your choice. Use of this phone service is subject to the payment of additional fees and charges, including, without limitation, the phone call rates as detailed on the Websites. When enabling the phone service, You are consenting, on behalf of You and Your Users and End-Customers to the Processing of Your Data (as generated by or necessary for the provision or operation of the phone service) by the third-party service provider We utilize to provide the phone service. If the service provider, phone operator, does not support the port-out facility in this case you won’t be able to port out the number to any other vendor. We will not be responsible for any portability and any loss of number in the process.

Client represents, warrants and agrees that all Content, and Client’s use of the Zixflow Platform and related services, shall at all times comply with all Applicable Laws and Rules (including all opt-in and opt-out requirements), and the Long Code Messaging Policy attached hereto in the event that Client is utilizing 10 DLC Messaging. Specific compliance provisions set forth else wherein this Terms shall not limit the generality of the foregoing sentence. Additionally, Client represents, warrants and agrees that the Content will not contain any viruses, worms, trap doors, back doors, timers, clocks, counter or other limiting routines, instructions or designs. Client acknowledges and agrees that Zixflow is a conduit for Client’s distribution and publication of Content. As such, Client is solely responsible for all Content transmitted pursuant to this Agreement and for the distribution and publication thereof to any Mobile End Users’ Mobile Device. Client creates, controls and manages the list of Mobile Numbers to which Messages may be sent, and Zixflow is not responsible in any way for any Content or the distribution and publication there of. At all times Client controls and maintains sole responsibility of its Mobile End User recipient list(s), the scheduled times for transmission of Messages, and the Content.

Third Party and Other Service(s)

Certain third party services such as Integrations are made available to You through the Apps, App Store & Addons section or other forums where applications are developed for their integration with the Service(s) such as Custom Apps. You have the option to enable these third party services and integrate them into Our Service(s). These third party services are governed by their own terms and privacy policies and You agree that We are not responsible for Your use of these third party services. You may be notified that You are downloading or integrating Apps or applications not developed by Us.

By downloading and installing such Apps or applications within Your Account, You understand and agree that We do not provide any warranties whatsoever for such Apps or applications and We are not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such third party services, or Your reliance on the privacy practices, data security processes or other policies of such third party services. For clarity, We may publish Apps in the Apps and Addon section that are developed and maintained by Us. Such Apps published by Us will be governed by these Terms.

Support And Maintenance for Other Third Party Services

You understand that We are not responsible for providing technical support for Other Services. To this extent, You shall address any comments, queries, complaints or feedback about such Other Services to the respective developers or publishers as specified in the Apps & Addon section or other forums.

Billing, Plan Modifications and Payments Subscription Charges

Except during Your free trial, all charges associated with Your Account (’’Subscription Charges’’) are due in full and payable in advance when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Service Plans You choose and are payable in full until You terminate Your Account. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).

Payment Methods

You may pay the Subscription Charges through Your credit card, or other accepted payment methods as specified in a Form. For credit card payments, Your payment is due immediately upon Your renewal date. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within seven (7) days of Our invoice date unless otherwise stated in a Form.

Renewal

Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account, Your credit card will be charged automatically for the applicable Subscription Charges.

We may use a third party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing us at support@Zixflow.com.

Refunds: Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You.

Late Payments/Non-payment of Subscription Charges, Plans and Add Ons

We will notify You if We do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our notice and for payments through other accepted methods, We must receive payments within a maximum of fifteen (15) days from the date of Our notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge an interest for late payment @1.5% per month and/or; (ii) suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account as explained in ’’Suspension and Termination’’ section. If Payment is not received in the given time your account will be suspended and deleted and all data will be lost.

Upgrades and Downgrades

You may upgrade or downgrade within a Service Plan or between two Service Plans. You understand that downgrading may cause loss of content, features, or capacity of the Service(s) as available to You before downgrading Your Account. We will not be liable for such loss. When You upgrade, the new Subscription Charges become immediately applicable. Upon upgrade, the new Subscription Charges for the subsisting month would be charged on pro-rated basis and Your credit card will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges. Upon downgrade, no refunds will be provided. Your account will be auto downgraded from next billing period.

Applicable Taxes

Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively ’’Taxes’’). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.

Benefits, Discounts and Offers

Apart from the credits provided to You when You downgrade, We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of offer unless it is specified in the offer itself by Zixflow.

Charges for Add-Ons

Some features are offered as add-ons inside Zixflow . If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons are intended for particular use cases and may have additional terms or restrictions (’’Additional Terms.’’) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.

Billing Subscription Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Restrictions

Client and its authorized Users may use the Zixflow Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the Client nor any User may:

  1. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Customers in furtherance of Your internal business purposes as expressly permitted by these Terms;
  2. use the Service(s) to Process data on behalf of any third party other than Your Users and End- Customers;
  3. modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks;
  4. falsely imply any sponsorship or association with Us;
  5. use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights;
  6. use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;
  7. use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights;
  8. use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components;
  9. attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s);
  10. use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
  11. use the Service(s) to store or transmit any ’’protected health information’’ as that term is defined in 45 C.F.R. 160.103 unless expressly agreed to otherwise in writing by Us;
  12. use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (’’Malicious Software’’);
  13. establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
  14. use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;
  15. try to use, or use the Service(s) in violation of these Terms.
  16. Copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Zixflow Services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that the Supplier is not permitted by that applicable law to exclude or limit the foregoing rights

You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.

If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.

Suspension And Termination

We shall not be liable to You or any other third party for suspension or termination of Your Account or access to and use the Service(s), if such suspension or termination is in accordance with these Terms.

Suspension and Termination by us : In addition to suspension for late payment or non-payment of Subscription Charges, We may suspend Your access to and use of Your Account or the Service(s) if You are in violation of the Terms. We will notify You of Your activities that violate these Terms and, at Our sole discretion, provide You with a period of fifteen (15) days (’’Cure Period’’) to cure or cease such activities. If You do not cure or cease such activities within said Cure Period or if We believe that Your breach of these Terms cannot be cured, Your Account shall be terminated.

Termination by You: If You pay for Your Account through credit card, You may elect to terminate Your Account at any time by clicking on the Subscription Settings’ link in the ’’Setup’ page when You log in to Our Service(s). If payments for Your Account is made through other accepted payment methods, You may terminate Your Account by writing to support@Zixflow.com

Immediately by either party: if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of creditors.

Effect of Terminating Your Account

  1. Data Export: We strongly recommend that You export all Your Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us or if You do not subscribe to a Service Plan on expiry of Your free trial, Your Data will be retained for a period of 14 days (’’Data Retention Period’’) from such termination or expiry of free trial within which You may contact Us to export Your Data. Beyond this Data Retention Period, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once it is deleted.
  2. Charges: If You terminate Your Account prior to the end of Your then-effective Subscription Term or We effect such termination, in addition to other amounts You may owe Us, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term, unless waived by Us in writing. This amount will not be payable by You in the event You terminate Your subscription to the Service(s) or terminate Your Account as a result of a material breach of these Terms by Us, provided that You provide advance notice of such breach to Us and afford Us not less than thirty (30) days to reasonably cure such breach.

Data Privacy and Security; Confidentiality

If You choose, or You are provided with, a user identification code, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms.

Confidentiality obligations: Each of us will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each of us protects our own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each of us may use the other’s Confidential Information solely to exercise our respective rights and perform our respective obligations under these Terms and shall disclose such Confidential Information solely to those of our respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this sub-section shall supersede any non-disclosure agreement by and between You and Us entered prior to these Terms that would purport to address the confidentiality of Your Data and such agreement shall have no further force or effect with respect to Your Data.

Security of Your Data: We will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data. These safeguards may include encryption of Your Data in transmission (using SSL or similar technologies) as described further in the Security Policy on Our Websites.

You agree that We, and the service providers We utilize to assist in providing the Service(s) to You, shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service(s), including, without limitation, in response to Your support requests. Any third party service providers We utilize will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service(s) and will be subject to confidentiality obligations. Group Companies may also access or disclose information about You, Your Account, Users or End-Customers, including Your Data, in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect Group Companies’ or Our customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service(s); (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation. Further, at Our sole discretion, any suspected fraudulent, abusive, or illegal activity by You may be referred to law enforcement authorities.

To the extent We Process any Personal Data on Your behalf in connection with use of the Service(s) by You, Your Users and/or End-Customers, You and We hereby agree that You shall be deemed to be the data controller and We shall be deemed to be the data processor as those terms are understood under the Directive (and any applicable national legislation implementing the Directive). By utilizing the Service(s), You consent, on behalf of You and Your Users and End-Customers (and represent that You have the authority to consent on behalf of Your Users and End-Customers) to the Processing of Your Data, including, without limitation, any Personal Data, within the Group Companies and to other authorized service providers pursuant to these Terms and Our Privacy Policy.

Data collection and privacy: We collect certain information about You as well as Your customers and their respective devices, computers and use of the Service(s). We use, disclose, and protect this information as described in Our Privacy Policy, which is incorporated into these Terms by references.

Protection of Client Data

Zixflow may use service providers to perform the Services. Zixflow will make reasonable efforts to ensure that data transfers to service providers meet requirements applicable to Clients’ processing of data and such data transfers in these Terms for Client’s consideration.

By agreeing to these Terms, the Client authorizes the Zixflow to engage with service providers for the purposes of performing the Services.

Communication From Us

Apart from the communications specified in Our Privacy Policy, We may contact You directly via e-mail to notify You if

  1. You are in violation of these Terms;
  2. A specific activity or purpose is prohibited with respect to the Service(s), so that You immediately cease use of the Service(s) for such prohibited activity or purpose; or
  3. You maintain an exceptionally high number of Users, an unusually high monthly ticket ratio per Users, an unusually high level of open tickets or other excessive stress on the Service(s).

Subject matter and nature of processing

The Zixflow provides the Platform where the Client, as the data controller, can collect, store and organize the personal data of data subjects determined by the Client.

The Platform has been designed to work as a sales CRM tool but, to the extent not regulated by these Terms, the Client decides how they use the Platform.

Beta Services

Zixflow may offer certain Features of functionality for the purpose of testing and evaluation (“Beta Service” or “Beta Services”). We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to the Client. The Client agrees that the Zixflow will not be liable to the Client or to any third party for any harm related to, arising out of the Client’s use of the Beta Services, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Disclaimer of warranties

The websites and the service(s), including all server and network components are provided on an ’’as is’’ and ’’as available’’ basis, without any warranties of any kind to the fullest extent permitted by applicable law. We expressly disclaim any and all conditions, representations, warranties or other terms, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

You acknowledge that we do not warrant that the service(s) or websites will be uninterrupted, timely, secure or error-free and you further acknowledge that we do not warrant that the access to the service(s), which is provided over internet and various telecommunications networks, all of which are beyond our control, will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software.

The content on our websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites. No information or advice obtained by you from us or through the service(s) or websites shall create any warranty not expressly stated in these terms.

Limitation of liberty

To the fullest extent permitted by applicable law, in no event will we, our affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, lost revenue, lost sales, lost goodwill, loss of use or lost content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty,negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, our aggregate liability and that of our affiliates, officers, employees, agents, suppliers and licensors, relating to the service(s), will be limited to an amount equal to the lower of (a) twelve months of the subscription charges for the service(s) to which the claim relates; or (b) the subscription charges paid by you, for the service(s) to which the claim relates prior to the first event or occurrence giving rise to such liability.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to defend, indemnify and hold harmless Zixflow and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an ’’AS IS’’ and ’’AS AVAILABLE’’ basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Zixflow its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Updates

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

For Google Users

Zixflow use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Zixflow does not share Google user data with any third party AI tools or third-party tools. If we introduce such features in the future, we'll update our terms, notify users, seek their consent, and allow opt-out.

Website Content and Trademarks

All trademarks including names and logos mentioned on Zixflow.com website and its blogs content belong to their respective owners. For instance, "WhatsApp" and its logo are trademarks of WhatsApp, LLC, Used only as a reference under Fair Usage Policy. We make no claim of ownership and utilize them solely for "fair use" informational and educational purposes.

Contact Us

Please contact us with any questions or comments about this Policy by email at support@Zixflow.com

Privacy policy

1.Introduction

This privacy policy explains the what, how, and why of the information we collect when you visit our website, use our software and services, or communicate with us through our various direct or indirect channels (collectively referred to as ’’Service’’). It also explains the specific ways we use and disclose that information, and also the controls and measures we take to protect such information. We take your privacy extremely seriously, and we never sell your information or email addresses.

By visiting our websites or by purchasing or using our Service, you accept the privacy practices described in this policy.

Definitions

These definitions should help you understand this policy.

We provide online platforms that you may use to manage contacts, customer relationships, market to or stay in contact with prospects, including creating and sending emails, organizing meetings, making sales calls and managing other information related to your Contacts (the ’’Services’’).

We offer the Services on at least our websites and all sub-domains associated with it. This Privacy Policy applies to these specific websites, as well as any other sites or mobile applications owned or operated by us (each a ’’Website’’ and together the ’’Websites’’). The ’’Websites’’ include the Websites themselves, and any web pages, interactive features, applications, widgets, blogs, social networks, social network ’’tabs,’’ or other online, mobile, or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device, or other technology, manner or means.

Definitions

“Client” means a customer of Zixflow.

“Client Data“ means personal data, reports, addresses, and other files, folders or documents in electronic form that a User of the Service stores within the Service.

“User” means an employee, agent, or representative of a Client, who primarily uses the restricted areas of the Site for the purpose of accessing the Service in such capacity.

“Personal Data” means any information relating to an identified or identifiable natural person.

“Public Area” means the area of the Site that can be accessed both by Users and Visitors, without needing to log in.

“Restricted Area” means the area of the Site that can be accessed only by Users, and where access requires logging in.

“Visitor” means an individual other than a User, who uses the public area, but has no access to the restricted areas of the Site or Service.

The collected information on the Service:

We collect different types of information from or through the Service. The legal bases for Zixflow’s processing of personal data are primarily that the processing is necessary for providing the Service in accordance with Zixflow’s Terms of Service and that the processing is carried out in Zixflow’s legitimate interests, which are further explained in the section “How We Use the Information We Collect” of this Policy. We may also process data upon your consent, asking for it as appropriate.

A) User-provided Information

When you use the Service, as a User or as a Visitor, you may provide, and we may collect Personal Data. Examples of Personal Data include name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal Data also includes other information, such as geographic area or preferences, when any such information is linked to information that identifies a specific individual. You may provide us with Personal Data in various ways on the Service. For example, when you register for an Account, use the Service, post Client Data, interact with other users of the Service through communication or messaging capabilities, or send us customer service -related requests.

B) Information Collected by Clients

A Client or User may store or upload into the Service Client Data. Zixflow has no direct relationship with the individuals whose Personal Data it hosts as part of Client Data. Each Client is responsible for providing notice to its customers and third persons concerning the purpose for which Client collects their Personal Data and how this Personal Data is processed in or through the Service as part of Client Data.

C) Information Collected Automatically

When a User or Visitor uses the Service, we may automatically record certain information from the User’s or Visitor’s device by using various types of technology, including cookies, “clear gifs” or “web beacons.” This “automatically collected” information may include IP address or other device address or ID, web browser and/or device type, the web pages or sites visited just before or just after using the Service, the pages or other content the User or Visitor views or interacts with on the Service, and the dates and times of the visit, access, or use of the Service. We also may use these technologies to collect information regarding a Visitor or User’s interaction with email messages, such as whether the Visitor or User opens, clicks on, or forwards a message. This information is gathered from all Users and Visitors.

D) Integrated Services

You may be given the option to access or register for the Service through the use of your user name and passwords for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Google account, or otherwise have the option to authorize an Integrated Service to provide Personal Data or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand what information that Integrated Service makes available to us, and make changes as appropriate. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.

E) Information from Other Sources

We may obtain information, including Personal Data, from third parties and sources other than the Service, such as our partners, advertisers, credit rating agencies, and Integrated Services. If we combine or associate information from other sources with Personal Data that we collect through the Service, we will treat the combined information as Personal Data in accordance with this Policy.

Information usages

We use the information that we collect in a variety of ways in providing the Service and operating our business, including the following:

A) Day to day Operations

We use the information – other than Client Data – to operate, maintain, enhance and provide all features of the Service, to provide the services and information that you request, to respond to comments and questions and to provide support to users of the Service. We process Client Data solely in accordance with the directions provided by the applicable Client or User.

B) Overall Improvements

We use the information to understand and analyze the usage trends and preferences of our Visitors and Users, to improve the Service, and to develop new products, services, feature, and functionality. Should this purpose require Zixflow to process Client Data, then the data will only be used in anonymized or aggregated form.

C) Communications

We may use a Visitor’s or User’s email address or other information – other than Client Data – to contact that Visitor or User (i) for administrative purposes such as customer service, to address intellectual property infringement, right of privacy violations or defamation issues related to the Client Data or Personal Data posted on the Service or (ii) with updates on promotions and events, relating to products and services offered by us and by third parties we work with. You have the ability to opt-out of receiving any promotional communications as described below under “Your Choices.”

D) Cookies and Tracking Technologies

We use automatically collected information and other information collected on the Service through cookies and similar technologies to: (i) personalize our Service, such as remembering a User’s or Visitor’s information so that the User or Visitor will not have to re-enter it during a visit or on subsequent visits; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.

E) Reporting and Analytics

We use Google Analytics to measure and evaluate access to and traffic on the Public Area of the Site, and create user navigation reports for our Site administrators. Google operates independently from us and has its own privacy policy, which we strongly suggest you review. Google may use the information collected through Google Analytics to evaluate Users’ and Visitors’ activity on our Site. For more information, see Google Analytics Privacy and Data Sharing.

We take measures to protect the technical information collected by our use of Google Analytics. The data collected will only be used on a need to know basis to resolve technical issues, administer the Site and identify visitor preferences; but in this case, the data will be in non-identifiable form. We do not use any of this information to identify Visitors or Users.

F) Limits on Use of Your Google User Data

Not with standing anything else in this Privacy Policy, if you provide the App access to your Google data, the App’s use of that data will be subject to these additional restrictions:

  • The App will only use access to read, write, modify or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read,and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
  • The App will not use this Gmail data for serving advertisements.
  • The App will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the App’s internal operations and even then only when the data have been aggregated and anonymized.
  • Zixflow App’s use and transfer to any other app of information received from Google APIs will adhere to  Google API Services User Data Policy, including the Limited Use requirements.

How We Disclose the Information

Except as described in this Policy, we will not intentionally disclose the Personal Data or Client Data that we collect or store on the Service to third parties without the consent of the applicable Visitor, User or Client. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

A) Unrestricted Information

Any information that you voluntarily choose to include in a Public Area of the Service, such as a public profile page, will be available to any Visitor or User who has access to that content.

B) Other Users in Your Company Account

Certain information about your use of the Zixflow Services is available to the administrator(s) of your Zixflow Account and, depending on the settings chosen by the Users of the Account, also to other Users for the purposes of providing the Zixflow Services.

C) Access to Service Providers

We work with third party service providers who provide website, application development, hosting, maintenance, and other services for us. These third parties may have access to, or process Personal Data or Client Data as part of providing those services for us. We limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and our contracts with them require them to maintain the confidentiality of such information.

D) Capture Non Personally Identifiable Information

We may make certain automatically-collected, aggregated, or otherwise non-personally-identifiable information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Clients’, Users’ and Visitors’ interests, habits, and usage patterns for certain programs, content, services, and/or functionality available through the Service, all of the foregoing being subject to additional limits on use of your Google User data as stated in this Privacy Policy.

E) For Law Enforcement, Legal Process and Compliance

We may disclose Personal Data or other information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a facially valid court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.

We also reserve the right to disclose Personal Data or other information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights, enforce our contracts, or protect the rights, property, or safety of others.

F) Ownership Change

Information about Users and Visitors, including Personal Data, may be disclosed and otherwise transferred to an acquirer, successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets and only if the recipient of the User or Visitor Data commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.

Client Data may be physically or electronically transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets, for the sole purpose of continuing the operation of the Service, and only if the recipient of the Client Data commits to a Privacy Policy that has terms substantially consistent with this Privacy Policy.

Your have below options

A) Access, Correction, Deletion

We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete or transfer any information about you that we have obtained from an Integrated Service, you may contact us as set forth in the “Contact Us” section. At your request, we will have any reference to you deleted or blocked in our database.

You may update, correct, or delete your Account information and preferences at any time by accessing your Account settings page on the Service. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some of the features and functionality of the Service.

At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact Zixflow’s Data Protection Officer. You also have a right to lodge a complaint with data protection authorities.

This provision does not apply to Personal Data that is part of Client Data. In this case, the management of the Client Data is subject to the Client’s own Privacy Policy, and any request for access, correction or deletion should be made to the Client responsible for the uploading and storage of such data into the Service.

B) Navigation Information

You may opt out from the collection of navigation information about your visit to the Site by Google Analytics.

C) Opting out from Commercial Communications

If you receive commercial emails from us, you may unsubscribe at any time by following the instructions contained within the email or by sending an email to the address provided in the “Contact Us” section.

Users are able to view and modify settings relating to the nature and frequency of promotional communications that they receive from us by accessing the “Account functionality” tab on the Service.

Please be aware that if you opt-out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten (10) business days for us to process your request. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.

Zixflow has no direct relationship with the Client’s customers or third party whose Personal Data it may process on behalf of a Client. An individual who seeks access, or who seeks to correct, amend, delete inaccurate data or withdraw consent for further contact should direct his or her query to the Client or User they deal with directly. If the Client requests Zixflow to remove the data, we will respond to its request within thirty (30) days. We will delete, amend or block access to any Personal Data that we are storing only if we receive a written request to do so from the Client who is responsible for such Personal Data, unless we have a legal right to retain such Personal Data. We reserve the right to retain a copy of such data for archiving purposes, or to defend our rights in litigation. Any such request regarding Client Data should be addressed as indicated in the “Contact Us” section, and include sufficient information for Zixflow to identify the Client or its customer or third party and the information to delete or amend.

Third-Party Services

The Service may contain features or links to web sites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Privacy Shield

Zixflow shall comply with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

California Privacy Rights

We will not share any Personal Data with third-parties for their direct marketing purposes to the extent prohibited by California law. If our practices change, we will do so in accordance with applicable laws and will notify you in advance.

Interest Based Marketing

Interest based advertising is the collection of data from different sources and across different platforms in order to predict an individual’s preferences or interest and to deliver to that individual, or his/her computer, smart phone or tablet, advertising based on his/her assumed preference or interest inferred from the collection of data pertaining to that individual or others who may have a similar profile or similar interests.

We work with a variety of third parties to attempt to understand the profiles of the individuals who are most likely to be interested in the Zixflow products or services so that we can send them promotional emails, or serve our advertisements to them on the websites and mobile apps of other entities.

These third parties include: (a) advertising networks, which collect information about a person’s interests when that person views or interacts with one of their advertisements; (2) attribution partners, which measure the effectiveness of certain advertisements; and (3) business partners, which collect information when a person views or interacts with one of their advertisements.

In collaboration with these third parties, we collect information about our customers, prospects and other individuals over time and across different platforms when they use these platforms or interact with them. Individuals may submit information directly on our Sites or on platforms run by third parties, or by interacting with us, our advertisements, or emails they receive from us or from third parties. We may use special tools that are commonly used for this purpose, such as cookies, beacons, pixels, tags, mobile advertising IDs, flash cookies, and similar technologies. We may have access to databases of information collected by our business partners.

The information we or third party collect enables us to learn what purchases the person made, what ads or content the person sees, on which ads or links the person clicks, and other actions that the person takes on our Sites, or in response to our emails, or when visiting or using third parties’ platforms.

We, or the third parties with which we work, use the information collected as described above to understand the various activities and behaviors of our customers, Site visitors and others. We, or these third parties, do this for many reasons, including: to recognize new or past visitors to our Sites; to present more personalized content; to provide more useful and relevant ads – for example, if we know what ads you are shown we can try not to show you the same ones repeatedly; to identify visitors across devices, sales channels, third party websites and Sites, or to display or send personalized or targeted ads and other custom content that is more focused on a person’s perceived interest in products or services similar to those that we offer.

Our interest-based ads may be served to you in emails or on third-party platforms. We may serve these ads about our products or services or send commercial communications directly ourselves or through these third parties.

Visitors may opt out of receiving interest based advertising by advertising networks that may be delivered to them on our platform.

Do Not Track Policy

California law requires that operators of websites and online services disclose how they respond to a Do Not Track signal. Some browsers have incorporated “Do Not Track” features. Most of these features, when turned on, send a signal or preference to the website or online service that a user visits, indicating that the user does not wish to be tracked. Because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signal. We continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.

Cookies

California law requires that operators of websites and online services disclose whether other third parties may collect personally identifiable information about an individual’s online activities from their site or service. We allow third parties with which we have a separate agreement to use cookies and other technologies to collect information about your use of the Site. These third parties include (1) business partners, which collect information when you view or interact with one of their advertisements on the Site; and (2) advertising networks, which collect information about your interests when you view or interact with one of their advertisements.

The information gathered by these third parties is used to make predictions about your interests or preferences so that they can display advertisements or promotional material on this Site and on other sites across the Internet tailored to your apparent interests.

The business partners and advertising networks that serve interest-based advertisements on the Services have limited access to a small amount of information about your profile and your device, which is necessary to serve you advertisements that are tailored to your apparent interests. It is possible that they may reuse this small amount of information on other sites or services.

We do not share with these third parties any information that would readily identify you (such as email address); however, these third parties may have access to information about your device (such as IP or MAC address). We do not have access to, or control over, the technologies that these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Notice. Other than as discussed in this document, we have no control over these third parties.

Minors and Children’s Privacy

Protecting the privacy of young children is especially important. Our Service is not directed to children under the age of 18, and we do not knowingly collect Personal Data from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Data has been collected on the Service from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an Account on the Service, then you may alert us at support@Zixflow.com and request that we delete that child’s Personal Data from our systems.

The Service is not intended to be used by minors, and is not intended to be used to post content to share publicly or with friends. To the extent that a minor has posted such content on the Service, the minor has the right to have this content deleted or removed using the deletion or removal options detailed in this Privacy Policy. If you have any question regarding this topic, please contact us as indicated in the “Contact Us” section. Please be aware that, although we offer this deletion capability, the removal of content may not ensure complete or comprehensive removal of that content or information.

Data Security

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize Personal Data.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us as set forth in the “Contact Us” section.

If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.

Data Retention

We only retain the Personal Data collected from a User for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

  • the contents of closed accounts are deleted within 1 months of the date of closure;
  • backups are kept for 1 months;
  • billing information is retained for a period of 7 years as of their provision to Zixflow in accordance with the Estonian accounting and taxation laws
  • information on legal transactions between Client and Zixflow is retained for a period of 10 years as of their provision to Zixflow in accordance with the general limitation period set for civil claims in the Estonian General Part of the Civil Code Act

Settings

Although we may allow you to adjust your privacy settings to limit access to certain Personal Data, please be aware that no security measures are perfect or impenetrable. We are not responsible for circumvention of any privacy settings or security measures on the Service. Additionally, we cannot control the actions of other users with whom you may choose to share your information. Further, even after information posted on the Service is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot and do not guarantee that information you post on or transmit to the Service will not be viewed by unauthorized persons.

Data Transfer

We may transfer, process and store Personal Data we collect through the Services in centralized databases and with service providers located in the U.S. The U.S. may not have the same data protection framework as the country from which you may be using the Services. When we transfer Personal Data to the U.S., we will protect it as described in this Privacy Policy.

The Service is hosted in the United States, EU Germany, India. EU customers’ databases will be hosted in Zixflow’s EU datacenter located in Frankfurt, Germany. Regardless of the database being hosted in the EU, if you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you may be transferring your Client Data and Personal Data outside of those regions to the United States for storage and processing by our service providers listed in the Zixflow Terms of Service. We will comply with GDPR requirements.

Data Controller and Data Processor

Zixflow does not own, control or direct the use of any of the Client Data stored or processed by a Client or User via the Service. Only the Client or Users are entitled to access, retrieve and direct the use of such Client Data. Zixflow is largely unaware of what Client Data is actually being stored or made available by a Client or User to the Service and does not directly access such Client Data except as authorized by the Client, or as necessary to provide Services to the Client and its Users.

Because Zixflow does not collect or determine the use of any Personal Data contained in the Client Data and because it does not determine the purposes for which such Personal Data is collected, the means of collecting such Personal Data, or the uses of such Personal Data, Zixflow is not acting in the capacity of data controller in terms of the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) and does not have the associated responsibilities under the GDPR. Zixflow should be considered only as a processor on behalf of its Clients and Users as to any Client Data containing Personal Data that is subject to the requirements of the GDPR. Except as provided in this Privacy Policy, Zixflow does not independently cause Client Data containing Personal Data stored in connection with the Services to be transferred or otherwise made available to third parties, except to third party subcontractors who may process such data on behalf of Zixflow in connection with Zixflow’s provision of Services to Clients. Such actions are performed or authorized only by the applicable Client or User.

The Client or the User is the data controller under the Regulation for any Client Data containing Personal Data, meaning that such party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data.

Zixflow is not responsible for the content of the Personal Data contained in the Client Data or other information stored on its servers (or its subcontractors’ servers) at the discretion of the Client or User nor is Zixflow responsible for the manner in which the Client or User collects, handles disclosure, distributes or otherwise processes such information.

Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify the Policy, we will make it available through the Service, and indicate the date of the latest revision, and will comply with applicable law. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of the Policy.

Contact Us

Please contact us with any questions or comments about this Policy, your Personal Data, our use and disclosure practices, or your consent choices by email at support@Zixflow.com

GDPR

The EU General Data Protection Regulation (GDPR) has set a new standard for how companies use and protect EU citizens’ data.

For that purpose, we considered it important to let you know about the new General Data Protection Regulation (GDPR) that took effect from May 25, 2018 for all businesses who maintain the data of EU residents and businesses.

Businesses of all sizes are required to be in compliance with the GDPR as per new regulation, going forward. The GDPR is very broad in scope and can apply to businesses both in and outside of the EU.

At Zixflow, we are committed to the security and privacy of our all customers, to ensure that we fulfill all obligations to maintain data integrity and provide transparency about how we process data.

  1. All data is encrypted for security during transit and storage.
  2. At our company, we perform background checks and provide data security training for all of our employees.
  3. We strictly limit who has access to contact information, and those who do are only checking it to respond to your support requests and make sure everything is working as expected. Access is revoked quickly if there is no need.
  4. We are committed to providing users with a safe experience, so we perform rigorous security testing for each new feature.

Zixflow is committed to maintaining the confidentiality of your personal data. In the event of a security incident, we will notify you as soon as possible and will provide reasonable assistance to help you mitigate or rectify the situation.

To get a detailed understanding, check Privacy Policy and Terms of Services.

Fair Usage Policy

The Zixflow Fair Usage Policy aims to ensure a positive user experience for all users while using our software. The policy outlines guidelines for API usage limits and records storage to prevent misuse and abuse of the platform.

  • Daily API Fair Usage Limit: Our public API has a fair usage policy to ensure a positive user experience for all users. For all POST/PATCH endpoints, there is a limit of 200 requests per/sec/workspace. This limit applies to all users, regardless of plan or subscription level.
    Please note that the API usage limit does not apply to importing contacts via CSV. This allows you to easily migrate your contacts to Zixflow without any restrictions. You can import 100,000 records at one time.
    This limit also does not apply to sending emails and SMS, as we believe that our users should be able to send as many emails and SMS as they need for their business needs.
  • Soft Limit for Unlimited Records: Our platform offers unlimited records storage for our users, with a soft limit of 1,000,000 contacts. This limit is designed to ensure that our platform performs optimally for all users, and to prevent any misuse of the platform.


Exceeds the 1,000,000 contact limit?

  1. If you are on XCRM or ONE plan and you have more than 10 sales reps, please contact our support team to expand your limit. We believe that 1,000,000 contacts should be sufficient for most sales teams with less than 10 sales members. However, we understand that each business is unique and we are happy to discuss custom requirements and adjust our limits accordingly.
  2. If you are on the Marketing plan, you must be sending a minimum of 800,000 messages monthly across all the channels. If you are crossing these limits, do reach out to the support team; we would be extending these limits.

Under the marketing plans for the WhatsApp channel, you can add 1 number on the free trial, 2 numbers on the Starter plan, 4 numbers on the Growth plan, and 8 numbers on the Enterprise plan.

We reserve the right to adjust our fair usage policy and limits based on user feedback, usage patterns, and other factors. We will communicate any changes to our users in a timely and transparent manner.

We expect all users of our platform to adhere to this Fair Usage Policy and to use our platform in a responsible and ethical manner. Any violation of this policy may result in account suspension or termination

To get a detailed understanding, check Privacy Policy and Terms of Services.

Start using the growth platform of the future?