Last Updated: December 01, 2023

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS OF USE & SALE ("TERMS") CAREFULLY BEFORE ACCESSING, USING, SUBSCRIBING, OR PLACING AN ORDER THROUGH WWW.CLIXLO.COM OR ANY OF OUR OTHER SITES LINKING TO THESE TERMS.THESE TERMS INCLUDE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY, AS WELL AS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A COURT HEARING, JURY TRIAL, AND PARTICIPATION IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND SERVES AS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED IN SECTION 19. THESE TERMS ARE A FUNDAMENTAL PART OF OUR AGREEMENT WITH YOU.

The use of www.clixlo.com and any other sites linked to these Terms (each referred to as a "Website"), owned and operated by Clixlo, Inc. doing business as Clixlo ("Clixlo," "we," "our," "us"), is governed by these Terms. We provide the Website and all associated information, tools, and services to you, the user, subject to your acceptance of these Terms. By accessing, using, subscribing to, or placing an order through the Website, you and your business (including any sub-users) agree to be bound by these Terms. If you do not fully agree with these Terms, you are not authorized to access or use the Website in any capacity.

THIS IS A BINDING AGREEMENT. THESE TERMS, TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM, CONSTITUTE A LEGALLY BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU AND YOUR BUSINESS ("YOU") AND CLIXLO. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, THE SERVICES PROVIDED BY CLIXLO, ANY ORDERS YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR ANY OTHER ACCEPTED PURCHASE METHOD, AND YOUR USE OR ATTEMPTED USE OF ANY PRODUCTS OR SERVICES OFFERED OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

SECTION 1 – WEBSITE USE

The Website is intended for use by businesses operated by individuals who are at least 18 years old or the legal age of majority in their state or province of residence, whichever is greater. By accessing or using the Website, you affirm that you meet this age requirement, have the legal capacity to enter into a binding contract with Clixlo, and that you understand and agree to abide by these Terms.Clixlo offers its Website and related services conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Your continued use of the Website constitutes your agreement to these Terms, including any changes or modifications made by Clixlo. We reserve the right to make changes to these Terms, including pricing, services, or any other policies, at our sole discretion and without prior notice to you. Such changes will take effect immediately upon posting, and your continued use of the Website or services following the posting of any changes constitutes your acceptance of those changes. If you do not agree with any modifications, you must discontinue your use of the Website immediately.Clixlo is not responsible for any damages or losses resulting from your failure to review the most current version of these Terms. It is your responsibility to regularly review the Terms to stay informed of any changes.

SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, meta tags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever without explicit permission. The Clixlo trademark and logo are proprietary marks of Clixlo, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Clixlo.License Terms

Subject to your continued strict compliance with these Terms, Clixlo grants you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.If you purchase a subscription to Clixlo software through the Website, Clixlo grants you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge and agree that:

The software is copyrighted material under United States and international copyright laws and is exclusively owned by Clixlo;You do not acquire any ownership rights in the software;You may not modify, publish, transmit, participate in the transfer or sale of, or create derivative works from the content of the software;Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display, or commercially exploit any material from the software without the express written permission of Clixlo;

In the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend, or copyright notice shall be made.

You agree not to use or attempt to use the Website or any software provided by Clixlo, whether alone or in conjunction with other software or hardware, in any unlawful manner or in a manner harmful to Clixlo. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through the use of any software or hardware, including, but not limited to, refraining from:

Engaging in any fraudulent or deceptive practices;

Violating Clixlo’s intellectual property rights or the intellectual property rights of others;Introducing, transmitting, or storing viruses or other malicious code;Interfering with or disrupting the security, functionality, or operation of the Website;

Scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website without authorization.

Additional Services, Pay-As-You-Go Fees, Lifetime Offers

The lifetime offer provided by Clixlo ("Company", "we", "us", or "our") grants users access to [describe the core services/products included in the lifetime offer] for the duration of the user's life or until the service is no longer available, whichever is shorter. This lifetime access is contingent upon the availability of the product or service and may depend on platforms, including but not limited to HighLevel, which powers Clixo’s services through a white-label arrangement. HighLevel operates with its own pricing structure and allows white-label partners, such as Clixo, to offer their own pricing and plans. You acknowledge and agree that lifetime access does not guarantee perpetual service if external factors, such as third-party platform changes, business operations, or discontinuation of services, impact Clixo’s ability to continue offering the product or service. In such cases, Clixo reserves the right to terminate or modify lifetime access without issuing refunds, except at Clixo’s sole discretion. The lifetime access provided through Clixo is essentially a sub-account within Clixo’s HighLevel agency account. Should Clixo’s arrangement with HighLevel change or end, users would need to create their own HighLevel agency account to maintain similar services. Clixo may offer users the option to transition their Clixo sub-account into their own HighLevel agency account as the only available means of maintaining the services provided under the lifetime access.

It is important for our customers ("you") to understand that certain services, specifically those provided under the Clixlo LC Lead Connector services, are not included within this lifetime offer due to the ongoing costs associated with providing these services.

The excluded services include, but are not limited to:

Email services

SMS/text messaging services

Calling/phone services

Email verification services

Premium action workflows

AI (Artificial Intelligence) service

Third-party apps in the marketplace

These services are excluded from the lifetime offer due to the costs we incur from third-party service providers necessary for the delivery of these services.

Prohibition of SMTP Usage for Email Circumvention

You are expressly prohibited from using SMTP or any other method to circumvent the pay-as-you-go email services provided by Clixlo LC Lead Connector. Such actions are considered a violation of these Terms and may result in the suspension or termination of your account.

Pay-As-You-Go Services

The excluded services mentioned above are available on a pay-as-you-go basis. Charges for these services will be billed to you in increments of $10 USD. The prices for these services can be found within our software and are subject to change at any time without prior notice.

Account Charging and Credits

To use the pay-as-you-go services, you must charge your account with credits ranging from $10 USD to $100 USD at a time. These credits will be used to pay for the pay-as-you-go services you utilize. It is your responsibility to ensure that your account has sufficient credits to cover the cost of the services you wish to use.

Third-Party Integrations and Service Options

We may offer integration with third-party services such as SMTP, Twilio, SendGrid, or Mailgun to enhance the functionality of the Clixlo LC Lead Connector services. You acknowledge that these third-party integrations can be turned off in your account at any time, at our sole discretion. In such cases, using the Clixlo LC Lead Connector services may be your only option for certain functionalities.

Agreement to Terms

By using the pay-as-you-go services, including Clixlo LC Lead Connector services, and by refraining from circumventing these services through unauthorized means, you agree to these terms and acknowledge that you will be responsible for the payment of these services as described herein. We reserve the right to modify the terms of the pay-as-you-go services, the pricing structure, or the availability of third-party integrations at any time, with notice provided to you in accordance with these Terms and Conditions.

Harmful or Prohibited Acts

Any dishonest or unethical business practice; any violation of the law; infliction of harm to Clixlo’s reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of Clixlo or any third party are strictly prohibited.

Spamming and Unsolicited Communications

We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you that are reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be considered a material threat to Clixlo’s reputation and the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

Offensive Communications

Any communication sent, posted, or authorized by you, including but not limited to postings on any website operated by you, social media, or blog, which are sexually explicit, obscene, vulgar, pornographic, offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, discriminatory, misleading, false, misinforming, graphically violent, or solicitous of unlawful behavior, is prohibited.

Sensitive Information

You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by, or connected to Clixlo, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health, or financial information of any kind.

Illegal Business Activity

Any promotion of illegal business activity, including but not limited to multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil), or infringing or promoting the infringement of the intellectual property rights of another is prohibited.

Best Practices for Sending Electronic Communications

In addition to the foregoing, Clixlo requires you to follow these best practices when sending electronic communications:

Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).

Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).

Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.

Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications.Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.

Include in each electronic communication your valid physical mailing address or a link to that information.

Do not send electronic communications to addresses obtained from purchased or rented lists.

Do not use third-party electronic addresses, domain names, or mail servers without proper permission from the third party.

Do not routinely send electronic communications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).

Do not engage in spamming.

Do not disguise the origin, or subject matter, of any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.

Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.

Do not send to lists of addresses that are programmatically generated or scraped from the Internet.Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.

Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), direct-to-consumer pharmaceutical sales, and payday loans.

You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Clixlo or otherwise.

SECTION 3 – OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION

We respect your privacy and are committed to protecting your non-public, personal information. The submission and processing of your personal information through the Website are governed by our Privacy Statement and, where applicable, our Data Processing Addendum ("DPA"). If you or your end users are located in the European Union or the United Kingdom, the DPA will apply in addition to our Privacy Statement.Privacy Statement

Our Privacy Statement outlines how we collect, use, and protect your personal information. You can review the Privacy Statement at any time by visiting https://clixlo.com/privacy-policy. The Privacy Statement is subject to change at Clixlo's discretion. Any modifications will be effective immediately upon posting, and your continued use of the Website constitutes your acceptance of those changes. It is your responsibility to review the Privacy Statement periodically to stay informed of any updates.

Data Processing Addendum (DPA)

If you and/or your end users are located in the European Union or the United Kingdom, our Data Processing Addendum ("DPA") will apply to the processing of personal data. The DPA outlines our responsibilities and your obligations under data protection laws, including the General Data Protection Regulation (GDPR). The DPA is also subject to change at Clixlo's discretion, and any modifications will be incorporated into this Agreement by reference.Incorporation by Reference

Both the Privacy Statement and the DPA are incorporated into these Terms by reference. By using the Website, you agree to the terms set forth in these documents. If you do not agree with the Privacy Statement or the DPA, you must discontinue your use of the Website and related services immediately.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS

As a Clixlo user, you are required to create an account with Clixlo. You warrant that all information you provide is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you use to access your Clixlo user account. You agree not to transfer your password or user name, or lend, share, or otherwise transfer your use of or access to your user account, to any third party.

You are also responsible for safeguarding any proprietary or non-public information we may share with you as a Clixlo user, including but not limited to technical information, pricing, business strategies, and data regarding other past or current Clixlo users or their customers.

Prohibition on Sub-Accounts and White-Label Services

Clixlo does not offer sub-accounts or white-label services. Each account is intended for use by a single entity or individual, and the use of Clixlo services to offer white-label solutions or sub-account functionality to third parties is strictly prohibited. Any attempt to provide third-party services under a Clixlo account, including but not limited to white-label offerings or sub-account management, is a violation of these Terms and will result in the termination of your account or additional fees, at Clixlo’s sole discretion.

Agency Accounts Prohibition

So-called “agency accounts,” or accounts in which you host funnels, services, or software access for third parties, are prohibited. If Clixlo determines, in its sole and exclusive discretion, that you are operating an agency account, your Clixlo user account may be subject to cancellation or enhanced pricing, at Clixlo’s sole discretion.

You are fully responsible for all transactions conducted and information conveyed under your user account. You agree to immediately notify Clixlo of any unauthorized use of your password or user name or any other breach of security related to your account. Clixlo is not liable for any loss or damage arising from your failure to comply with these obligations, and you agree to hold Clixlo harmless in such events.

Please see Section 21 below for additional information regarding your responsibilities and liabilities.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE

When you place an order for any service or product on the Website, payment must be received by Clixlo before your order is accepted. We reserve the right to request additional information to verify your order if any required information is missing or inaccurate. Clixlo may cancel or limit an order at any time after it has been placed, at our sole discretion. Please note that your electronic order confirmation, or any other form of confirmation, does not constitute our acceptance of your order.

To modify or cancel a pending order, you must contact us immediately at support@clixlo.com. While we will make reasonable efforts to accommodate your request, we cannot guarantee that we will be able to amend your order according to your instructions, especially if the order has already been processed.All items and services offered through the Website are subject to availability.

We will notify you if an item is unavailable, provide the expected availability date, and may offer an alternative product or service. If the availability of any product or service is delayed and you do not wish to accept a substitute, we will cancel your order and, if your payment has already been processed, issue a full refund to your payment card for that specific order.Clixlo reserves the right to limit the sales of our products and services to any individual, geographic region, or jurisdiction.

We may exercise this right on a case-by-case basis at our sole and exclusive discretion. Your purchase order of products and services is contingent upon your reaffirmation of acceptance of this Agreement at the time of purchase.All advertised prices are in U.S. Dollars, and all payments must be made in U.S. Dollars unless otherwise specified.

SECTION 6 – REFUNDS FOR DIGITAL PRODUCTS OR SUBSCRIPTIONS

All sales of discounted offers, subscription plans, lifetime plans, and products delivered in electronic (digital) format are final. No refunds will be issued for these purchases under any circumstances. This policy applies to all digital products and services offered by Clixlo. By purchasing any digital product or service from Clixlo, you acknowledge and agree to this no-refund policy.

Subscription Cancellations

If you wish to cancel a subscription, you may do so by logging into your account and navigating to the billing section, where you can cancel your subscription with a click of a button. Alternatively, you can request cancellation by sending an email to support@clixlo.com.

When you cancel a subscription, you will continue to receive the benefits of that subscription until the end of the current billing period. No refunds will be issued for any portion of the subscription fees already paid for the current or prior billing periods.

Example: If you cancel a monthly subscription on March 7th, you will continue to receive the benefits of that subscription until March 31st. No refund will be issued for any portion of the March subscription fee, and you will not be billed for or receive benefits after March 31st.

Multi-Payment Option Cancellations

If you choose a multi-payment option for a single subscription period and cancel the subscription during that period, you will continue to receive the benefits of the subscription until the end of the period. However, you must fulfill your obligation to make all remaining payments for that subscription period.

Example: If you cancel an annual subscription in May that you agreed to pay for in quarterly installments (January 1st, April 1st, July 1st, and September 1st), you will continue to receive the benefits of that subscription until the end of the year. No refund will be issued for any portion of the annual subscription fee already paid, and you must make the two remaining quarterly payments (July 1st and September 1st). You will not be billed for or receive benefits after the end of the annual subscription period.Timing of Cancellation Requests

Do not wait until the end of a billing or subscription period to submit a cancellation request, as such requests are typically processed within 2 to 3 business days after receipt. To expedite processing, we recommend that you email your cancellation request and provide your account/subscription number, if available.Upon processing your cancellation request, we will confirm your subscription cancellation by email or postal mail.

SECTION 7 – TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION

If we offer you a free trial of Clixlo, the trial will begin immediately upon your registration and will continue for the duration specified on the Website at the time of your registration. Free trial subscriptions are available only to new subscribers of Clixlo and are limited to the period specified on the Website. Previous subscribers or those who have already benefited from a free trial subscription to Clixlo are not eligible for an additional free trial period.Automatic Enrollment and Payment

Clixlo will send you an email reminder that your trial period is ending at least 7 days before your payment method is charged. If you do not wish to continue your subscription after the free trial ends, you must contact us at least 24 hours before the end of your free trial period by submitting a cancellation request via our support email at support@clixlo.com, or by canceling your free trial through your Account Dashboard as detailed on the Website.

If you do not cancel at least 24 hours before the end of your free trial period, your subscription will automatically continue, and the payment method you provided at the time of enrollment will be charged the full Clixlo monthly membership subscription rate as listed at the time of your enrollment.

Your subscription will continue to renew monthly until you cancel. Clixlo reserves the right to change the monthly subscription rate at any time. If the subscription rate changes after you have subscribed, we will notify you by email and provide an opportunity to cancel before the new rate takes effect.Cancellation After Free Trial or Discounted Period

If you wish to cancel your Clixlo subscription (including subscriptions for services) at any time after the free trial or discounted period ends, you must submit a cancellation request via our support email at support@clixlo.com or through your Account Dashboard. For monthly subscriptions (including subscriptions for services), we require at least ten (10) days' notice of cancellation by email. If you provide less than ten (10) days' notice before the start of your next subscription month, your payment method may still be charged. You will not be entitled to prorate your final month of use, nor will you receive a refund for any payments made to Clixlo.Clixlo reserves the right, at its sole discretion, to charge a cancellation fee equal to the amount discounted on your subscription.

SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT

As a Clixlo user, you are responsible for paying all sums due to Clixlo in connection with your subscription in accordance with these Terms. The initial payment is due when your user account is set up, and payment of the subscription fee is a condition of access. If you have a free trial, the first payment is due immediately after the trial period ends, provided you have not canceled the automatic subscription.Each calendar month, your account will be charged the subscription fee plus any applicable taxes for the upcoming month’s subscription, along with any additional fees and accumulated charges from the previous period (collectively, "Fees"). Failure to utilize any services provided by Clixlo does not relieve you of your payment obligations under these Terms.Payment Methods and Processing

Users may pay by credit card, debit card, or other approved payment methods. Payment details are collected through our secure financial data collection mechanism. You acknowledge and agree that we retain certain transaction-related data, such as the last four digits and expiration date of the payment method used, along with details of when payments are due. Payments are due on a recurring basis according to the terms of the specific service purchased, and by subscribing, you authorize the automatic collection of payments for the specific service (e.g., on a monthly basis for a specific amount).Automatic Payment Processing

If you are a Clixlo user with a monthly subscription and have provided us with a valid credit or debit card number or an alternate payment method, each payment will be automatically processed on your designated payment date (monthly) and will be billed to the payment method you provided during enrollment. If you wish to cancel your subscription, you may do so through your Account Dashboard or by emailing support@clixlo.com at least ten (10) days before the start of your next subscription month.Account Termination and Unpaid Charges

Clixlo reserves the right to immediately terminate a user’s account and/or service for any unpaid period of the subscription, whether in whole or part, with or without notice. Termination of service does not relieve or excuse the user from any obligation to pay outstanding charges or expenses. Should Clixlo initiate collection processes for unpaid balances, you will be liable for all associated collection costs, including legal fees and expenses.Taxes

In addition to any Fees, Clixlo may also charge applicable value-added taxes (VAT) or other taxes as required by law.

SECTION 9 – SHIPPING FEES

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. These fees will be clearly displayed at checkout before you finalize your purchase.Order Fulfillment

We will make commercially reasonable efforts to fulfill your order within a reasonable time after receiving your properly completed and verified order. It is your responsibility to provide accurate shipping address and contact information, including a valid phone number. Any errors in this information may result in delays, and we will not be held responsible for such delays.Delivery Timeframes and Estimates

While we may provide estimated delivery or shipment timeframes at the time of your order, these dates are good-faith estimates and are subject to change. Should your order be delayed, we will contact you using the email address provided during the order process. If we are unable to contact you, or if you decide to cancel your order due to the delay, we will cancel the order and issue a full refund for the amount charged.Liability for Delays

Clixlo shall not be liable for any loss, damage, cost, or expense arising from delays in shipment or delivery caused by third-party carriers or other delivery services not owned or controlled by Clixlo. The risk of loss and title for physical items passes to you upon our delivery of the items to any third-party carrier.

SECTION 10 – PRODUCTS, SERVICES, PRICES, AND SUPPORT LIMITATIONS

Pricing and Services Overview

Products, services, and prices are generally listed on the Website at the following URL: https://www.clixlo.com/pricing. These prices and offerings are subject to change at any time at our sole discretion, without prior notice. Price changes become effective on the first day of the month after the price change is posted on the Website.

Billing and Payment Authorization

By accessing, using, subscribing to, or placing an order through the Website, you authorize Clixlo to charge your account for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will take effect on the first day of the month following your requested downgrade. Your continued use of Clixlo services constitutes your acceptance of any price changes, and you agree that Clixlo may charge your credit card or other payment method monthly for the selected products and services, even if there are price adjustments.

Discontinuation of Services and Features

Clixlo reserves the right to modify, update, or discontinue any part of the software or services at any time without prior notice. This includes, but is not limited to, third-party services or integrations such as Twilio, SendGrid, Mailgun, or any other Marketplace apps. Clixlo may also discontinue pay-as-you-go services or other features without notice. Users are responsible for ensuring their usage complies with the updated terms and features.

Price Accuracy and Product Descriptions

Clixlo takes reasonable steps to ensure that the prices and descriptions listed on the Website are accurate and up-to-date. However, we do not guarantee that product or service descriptions are error-free, complete, or current. If the actual price of a product is higher than the price listed on the Website, we will, at our discretion, either contact you for instructions before processing the order or cancel your order and notify you of the cancellation.

No Warranties on Descriptions or Packaging

When ordering products or services, please be aware that Clixlo does not warrant that the descriptions or packaging of products or services will always match the actual items you receive. All sales are final except as outlined in Section 6 of these Terms. Clixlo’s descriptions of, or references to, products or services not owned by Clixlo are not intended to imply endorsement or constitute a warranty of those products or services by Clixlo.

Support Limitations

Clixlo provides support during standard business hours, Monday through Friday, 9:00 AM to 5:00 PM, excluding public holidays. Response times to support requests may vary depending on ticket volume and other factors, typically ranging from 24 to 72 hours. Support is limited to issues directly related to the functionality of Clixlo’s software and services. Clixlo does not offer 24/7 support and is not liable for delays in response or issues arising from circumstances beyond our control, including but not limited to high ticket volumes, server issues, or third-party service disruptions.

SECTION 11 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY

Results May Vary

Every online business is unique, utilizing different strategies, structures, and offerings, which results in varying outcomes from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY based on numerous factors specific to your business, including but not limited to your content, business model, and the products and services you offer.

No Guarantees of Success

Clixlo does not promise, guarantee, or warrant the success, income, or sales of your business. You acknowledge and understand that Clixlo will not provide sales leads or referrals to you or your business at any time. Businesses that purchase our products or services will receive access to software and tools designed to create internet sales funnels and support their respective online offerings. However, we do not guarantee the success of your business, and the applicability of our software and tools to your specific business is subject to many market factors beyond our control.

No Earnings Claims

Furthermore, Clixlo does not make claims regarding earnings, effort, return on investment, or any other guarantees that our software, tools, or other offerings will generate any specific amount of revenue for your business. It is possible that you may not recover your investment. Clixlo does not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or business in a box. If your expectation is guaranteed success or earnings, you should not purchase our products or services. Instead, you should understand that the use of our information and software will require time, effort, and may only be effective in certain situations.

No Professional Advice

Additionally, Clixlo does not provide tax, accounting, financial, or legal advice. You should consult with your business’ accountant, attorney, or financial advisor for guidance on these matters.

SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS

You represent and warrant that you operate a business in good standing and affirm that there are no prior or pending government investigations or prosecutions against you or your business. You agree to use Clixlo’s products and services strictly for lawful purposes and will not engage in any unlawful or harmful activities in connection with Clixlo’s offerings, whether used independently or in combination with other software, hardware, or services.

Compliance with Laws and Regulations

You are solely and exclusively responsible for ensuring that your business complies with all applicable laws and regulations, including but not limited to those governing advertising and marketing claims, subscriptions, refunds, premium offers, tax obligations, and any other laws relevant to your business operations. Clixlo is not responsible for any legal compliance issues related to your business activities.

Notification of Legal Actions

You agree to notify Clixlo immediately if any investigation or lawsuit is threatened or filed against you. In such cases, Clixlo reserves the right to terminate this Agreement without liability. Clixlo assumes no responsibility or liability for your violation of any laws.

Tax Responsibilities

You are solely responsible for collecting, reporting, and remitting any and all sales and use taxes, as well as any other taxes applicable to your business’s sales of products or services. This includes, but is not limited to, taxes that may apply to voluntary donations provided by your customers (as described in Section 13 below). Clixlo is not responsible for collecting, reporting, or remitting any taxes related to your business activities.

Indemnification

You agree to indemnify and hold Clixlo harmless as outlined in Section 21 of these Terms in the event that you or your business violates any law and a claim is threatened or asserted against Clixlo as a result.

SECTION 13 – OPTIONAL ORDER “ROUND UPS” FOR CHARITABLE DONATIONS AND POTENTIAL TAX IMPLICATIONS

At its sole discretion, Clixlo may offer you and your customers the option to "round up" purchases at checkout by specified dollar amounts (e.g., one, three, five, or ten dollars) to be donated to charitable organizations such as Village Impact and/or Operation Underground Railroad. These organizations are tax-exempt under Section 149 of the Canadian Income Tax Act and Section 501(c)(3) of the U.S. Internal Revenue Code of 1986, as amended (each, individually, a “Charity”).

Processing of Round-Up Donations

You agree that any “round up” donation amounts will not be charged as a separate transaction but will be included in the total purchase price charged to your customer. Clixlo will hold these donations in a separate, non-interest-bearing account until they are transferred to the designated Charity. All "round up" donations will be irreversibly transferred to Clixlo, acting as agent and nominee for the Charity. Once transferred, neither you nor your customers will be entitled to a refund of any "round up" donations, even if a customer returns the purchased items.

Tax Responsibilities

You understand and agree that “round up” donations may be subject to sales tax. It is your sole and exclusive responsibility to collect and report any applicable sales tax on these donations as part of your business’s transactions with customers. Furthermore, you acknowledge that “round up” donations may not be tax-deductible for you or your customers.

Clixlo's Role as Agent for Charities

Clixlo acts as a nominee and agent for the Charity regarding any “round up” donations. Clixlo will transfer the collected donations to the designated Charity as soon as practicable, and in no event later than sixty (60) days after receipt of each donation. Clixlo assumes no responsibility or liability for the tax implications or deductibility of these donations.

SECTION 14 – COMMISSIONS PROGRAM AND INDEPENDENT CLIXLO AFFILIATE PROGRAM

If you are a Clixlo user who signs up as an affiliate partner through affiliates.clixlo.com, you may earn a commission when someone (a “Prospect”) starts a Clixlo paid account using your Affiliate Link. After the fourteen (14) day trial period ends and the Prospect makes a payment, a “Sale” is registered, and the account becomes a “Sold Account.”

Commission Structure

The commission amount currently starts at twenty-five percent (25%) of the sale. Once your earned commission reaches $100 (USD) or more, you must register with our third-party payment provider to receive payment. By doing so, you authorize these third-party companies to contact you. Before you can receive payment, you must provide certain required information (e.g., a completed W-8 or W-9 form). If you do not provide the necessary information within one hundred and twenty (120) days of earning the commission, you will be deemed to have permanently waived all rights to that commission.

Tax Responsibilities

If you are not a U.S. resident, applicable taxes (including, but not limited to, VAT) may be withheld where required by law. You are solely responsible for complying with all tax laws in your respective jurisdiction(s), including the payment of all required taxes and the filing of all returns and other necessary documents with the relevant authorities.Affiliate Program Terms

Clixlo may offer you the opportunity to become an independent Clixlo affiliate (“Affiliate”), allowing you to earn additional income by selling Clixlo accounts to other users. This opportunity is subject to your acceptance of the terms outlined in the Clixlo Affiliate Agreement (the “Affiliate Agreement”). Clixlo reserves the sole and exclusive right to determine the remuneration for each Affiliate based on their efforts, as further detailed in the Affiliate Agreement.

Independent Contractor Status

Affiliates are independent contractors and not employees or agents of Clixlo. Affiliates have no authority to act on behalf of, or bind, Clixlo in any way. Affiliates are solely and exclusively responsible for all costs and other expenses incurred in their role as an Affiliate.For clarity, all Sections of these Terms apply to you in your role as an Affiliate, unless expressly stated otherwise.

SECTION 15 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS

Clixlo values feedback from users and customers and welcomes your comments regarding our services and products. By submitting testimonials, reviews, or other content, you agree that Clixlo may use these materials in whole or in part, along with your name, city, and state, as provided by you. Such materials may be used for any purpose related to Clixlo’s services or products, in both printed and online media, as determined by Clixlo in its sole and exclusive discretion.Use of Testimonials

Testimonials represent the unique experiences of the participants and customers who submit them. These testimonials do not necessarily reflect the experiences that you or your business may have when using our services or products. As noted in Section 11, your business results will vary depending on a variety of factors unique to your business and external market conditions that are beyond Clixlo’s control.Licensing and Rights

By submitting testimonials, photographs, reviews, or any other content to Clixlo, you agree that such materials will be treated as non-confidential and nonproprietary. By providing these materials, you grant Clixlo a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media or format, whether now known or hereafter developed.Editing and Discretion

Clixlo reserves the right to correct grammatical errors, typographical errors, and to shorten testimonials or reviews before publication or use. Clixlo may also review all submitted materials prior to publication or use and is under no obligation to use any testimonial, review, or part thereof.

SECTION 16 – COMPLIANCE WITH THE LAWS, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS

As a Clixlo user and/or Affiliate, whether or not you display the Clixlo Badge, you are required to comply with all applicable laws, both U.S. and foreign. This includes, but is not limited to, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (such as the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and any similar laws. You must also comply with laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, and import/export regulations.Responsibility for Legal Compliance

You are solely responsible for ensuring compliance with all applicable laws, rules, regulations, and court orders in any jurisdiction that applies to you, your business, and any recipients of digital messages sent using our products or services. It is your responsibility to be aware of, understand, and ensure that you and all users of your account comply with all applicable laws at all times.Use of Messaging Software

If you use any messaging software, including any Clixlo-provided messaging software now existing or developed in the future, or any other messaging system, software, or hardware provided by you or a third party, you agree to comply with all applicable laws concerning the sending of messages, including but not limited to the federal Telephone Consumer Protection Act.Indemnification and Responsibility

You agree to indemnify and defend Clixlo from any claims, damages, losses, and lawsuits of any kind that may be brought against Clixlo as a result of your violation of any laws or third-party rights related to your use or misuse of any messaging software or hardware, whether or not provided by Clixlo.Third-Party Software Compatibility

You further understand and agree that Clixlo has no control over, and is not responsible for, the functionality or failures of any third-party software, including but not limited to Facebook, Facebook Messenger, and internet browser notifications. CLIXLO DOES NOT WARRANT THAT ANY CLIXLO MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.

SECTION 17 – DISCLAIMERS OF OTHER WARRANTIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:The Website and all content are provided on an "AS IS," "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to warranties of title, implied warranties of merchantability, or fitness for a particular purpose. We make no, and expressly disclaim any and all, representations and warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this Website.Specifically, we do not represent or warrant, and expressly disclaim that:

(A) The use of the Website or any software will be secure, timely, uninterrupted, or error-free, or that it will operate in combination with any other hardware, software, system, or data;

(B) The Website, software, or services will meet your requirements or expectations;

(C) Any stored data will be accurate or reliable;

(D) The quality of any products, services, software, information, or other material purchased or obtained by you through the Website will meet your requirements or expectations;

(E) Errors or defects in the Website will be corrected;

or(F) The Website or the server(s) that make the Website available are free of viruses or other harmful components.

All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, and non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

SECTION 18 – LIMITATIONS OF LIABILITIES

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, in no event shall Clixlo, or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents, be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this Agreement, including the Privacy Statement and Data Processing Addendum (DPA), the services or products, your or any third party’s use or attempted use of the Website, any software, service, or product, regardless of whether Clixlo has been advised of the possibility of such damages, fees, costs, or claims.

This includes, without limitation, any:

Loss of use;

Loss of profits;

Loss of data;

Loss of goodwill;

Cost of procurement of substitute services or products; orAny other indirect, special, incidental, punitive, consequential, or other damages.

These limitations apply regardless of how damages are allegedly caused and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise.

In no event shall Clixlo’s liability to you or your business exceed the greater of:

Three (3) times the payments paid by you to Clixlo for the month preceding the date in which the facts giving rise to a claim against Clixlo occurred; orTwo thousand dollars ($2,000).

SECTION 19 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS' RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at support@clixlo.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, the DPA, the Affiliate Agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.

We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.

The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Statement, the DPA, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Clixlo.

The arbitration shall be governed by the substantive laws of the State of Delaware, without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.You and Clixlo agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.

You and Clixlo expressly waive any right to pursue any class or other representative action against each other.Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims, except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the one hundred and twenty (120) day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.This provision survives termination of your account or relationship with Clixlo, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.

If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 20 – CLIXLO ADDITIONAL REMEDIES

To prevent or limit irreparable injury to Clixlo, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Clixlo or a third party, Clixlo shall be entitled to seek a temporary restraining order, preliminary and permanent injunctions, or other equitable relief from a court of competent jurisdiction located in the State of Delaware, restraining such breach, threatened breach, infringement, or threatened infringement.

Nothing in this Agreement shall be construed as prohibiting Clixlo from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Delaware for all such claims and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 21 – INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Clixlo, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to: (1) your use, misuse, or attempt to use the Website, software, products, or services; (2) information you submit or transmit through the Website; (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement; or (4) your violation of any law or the rights of a third party.

SECTION 22 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT

If you believe that materials or content available on the Website infringe any copyright you own, you or your agent may send Clixlo a notice requesting that Clixlo remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Clixlo a counter-notice. Notices and counter-notices should be sent to Clixlo, Attention Legal Department, 1007 N Orange St, 4th Floor, 1183 Wilmington, Delaware 19801, or by e-mail to support@clixlo.com. These Terms fully incorporate by reference the DMCA Policy.

SECTION 23 – THIRD-PARTY LINKS

The Website may contain links to other websites. Clixlo assumes no responsibility for the content, privacy policies, or functionality of any non-Clixlo website to which we provide a link. Please see our Privacy Statement for more details.

SECTION 24 – TERMINATION

This Agreement will take effect (or re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW,” “PURCHASE,” “I ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter payment method information, whichever occurs first. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement or violated any law, whether in connection with your use of Clixlo or otherwise, we may terminate this Agreement or suspend your access to the Website at any time without notice to you.

Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Clixlo. Upon termination, you remain responsible for any outstanding payments to Clixlo.

SECTION 25 – NO WAIVER

No failure or delay on the part of Clixlo in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that or any other right, power, or remedy. Similarly, no single or partial exercise of any such right, power, or remedy shall preclude any other or further exercise of that or any other right, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if it is in writing and signed by Clixlo.

SECTION 26 – GOVERNING LAW AND VENUE

This Agreement, and any issue or dispute arising out of or related to this Agreement, your access to or use of the Website, our Privacy Statement or DPA, or any matter concerning Clixlo, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the State of Delaware without regard to its conflicts of laws principles.

To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Wilmington, Delaware, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis.

SECTION 27 – FORCE MAJEURE

Clixlo shall not be liable for any delay, damage, or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of nature, government restrictions, natural disasters, labor strikes, supply chain disruptions, internet or communication failures, or any other event or circumstance beyond our reasonable control.

SECTION 28 – ASSIGNMENT

Clixlo reserves the right to assign or transfer its rights and obligations under this Agreement at any time, without prior notice to you. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Clixlo or its assigns.

SECTION 29 – ELECTRONIC SIGNATURE

All communications and interactions on the Website are considered electronic communications. By engaging with Clixlo through the Website or via other electronic means, including email, you acknowledge and agree that these communications are equivalent to written communications. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing and have the same legal force and effect as if they were signed in writing by the party sending the communication.

SECTION 30 – CHANGES TO THE AGREEMENT

You can review the most current version of the Terms at any time at https://www.clixlo.com/terms-and-conditions.

Clixlo reserves the right, at its sole discretion, to update, change, or replace any part of this Agreement, including the Privacy Statement or DPA, by posting updates and changes to our Website. It is your responsibility to review the Website periodically for any changes. Your continued use of or access to our Website following the posting of any changes constitutes your acceptance of those changes.

SECTION 31 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES

You further represent and warrant: (1) that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) that you have read this Agreement and thoroughly understand and agree to its terms; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website.

You further represent that Clixlo has the right to rely upon all information provided by you, and Clixlo may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed or considered placing on or through the Website.You also represent and warrant that there are no prior or pending government investigations, inquiries, or prosecutions against you or any business related to you by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you.

If at any time during the term of this Agreement, you or any business related to you becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Clixlo within twenty-four (24) hours. Clixlo, at its sole discretion, may terminate this Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Clixlo, without incurring any obligation or liability to you.

SECTION 32 – SEVERABILITY

If any provision of this Agreement is found by an arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Such invalid or unenforceable provision may be modified or severed from this Agreement to the extent necessary to make it enforceable and consistent with the remainder of the Agreement, without affecting the validity or enforceability of the remaining provisions.

SECTION 33 – ENTIRE AGREEMENT

These Terms, along with the Privacy Statement, DPA, and any policies or operating rules posted by us on the Website or related to the Website, constitute the entire agreement and understanding between you, your business, and Clixlo. This Agreement governs your access to and use of the Website, as well as your ordering, purchasing, use, and/or attempted use of any service or product. It supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Clixlo. Any future services and/or features offered through the Website shall also be subject to this Agreement and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 34 – CONTACTING US

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to support@clixlo.com.

If you have any questions or inquiries concerning these Terms, you may contact Clixlo by email at support@clixlo.com.For additional inquiries, please feel free to send an email to the relevant address listed below:

Compliance: support@clixlo.com

Spam or Abuse: support@clixlo.com

Affiliates: support@clixlo.com

For General Support and Inquiries: support@clixlo.com

Notices to you may be made by posting a notice (or a link to a notice) on https://www.clixlo.com/terms-and-conditions and such other sites we own and control, by email, or by regular mail, at Clixlo’s discretion.