1.1 These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and iXzel Management Group, LLC ("we," "us," or "our").
1.2 "iXzel Services" means any and all software applications, platforms, websites, tools, digital products, or services currently or hereafter created, owned, operated, licensed, marketed, distributed, or managed by iXzel, whether offered under its primary brand or any other brand controlled by iXzel, as well as any printed materials, publications, books, newsletters, blog content, and social media content, accounts, or channels published or operated by iXzel on any platform, whether proprietary or third-party.
1.3 These Terms govern your access to and use of all iXzel Services, regardless of the medium, channel, or platform through which those Services are delivered or accessed, including but not limited to web applications, mobile applications, APIs, downloadable software, printed publications, email communications, and social media channels.
1.4 iXzel reserves the right to amend these Terms at any time. Continued use of any iXzel Services following notice of amendment constitutes acceptance of the revised Terms. Notice may be provided by posting updated Terms at www.ixzelgroup.com or within any applicable iXzel Services.
1.5 These Terms apply to all iXzel Services in existence as of the Effective Date and to all iXzel Services created, acquired, or launched at any time thereafter, without the need for amendment to these Terms.
2.1 You must be at least eighteen (18) years of age to use any iXzel Services. By using any iXzel Services, you represent and warrant that you meet this requirement.
2.2 If you are using a iXzel Services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms, and that the entity agrees to be bound.
2.3 Use of iXzel Services is void where prohibited by applicable law. You are solely responsible for compliance with all laws and regulations applicable to your use.
3.1 Certain iXzel Services require registration and creation of a user account. You agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate.
3.2 You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You agree to notify iXzel immediately at Support@ixzelgroup.com of any unauthorized use of your account.
3.3 iXzel reserves the right to terminate or suspend accounts that violate these Terms, engage in fraudulent activity, or that have been inactive for an extended period, with or without prior notice.
3.4 You may not share, transfer, or sublicense your account to any third party without the prior written consent of iXzel.
4.1 Access to certain iXzel Services requires a paid subscription or one-time purchase. Pricing, plan details, and billing cycles are as published on the applicable iXzel Services at the time of enrollment and are subject to change with notice.
4.2 All subscription fees are billed in advance on a monthly or annual basis, as selected by the User. Fees are non-refundable except as expressly provided herein or required by applicable law.
4.3 iXzel uses third-party payment processors to handle transactions. By submitting payment information, you authorize the applicable processor to charge the applicable fees. iXzel does not store full payment card details.
4.4 Subscriptions automatically renew at the end of each billing period unless cancelled prior to renewal. You may cancel at any time through your account settings; cancellation takes effect at the end of the then-current billing period.
4.5 iXzel reserves the right to modify pricing upon thirty (30) days written notice. Continued use after the notice period constitutes acceptance of revised pricing.
4.6 If any payment is declined or reversed, iXzel may suspend or terminate access to the applicable iXzel Services until outstanding amounts are resolved.
5.1 You agree to use iXzel Services only for lawful purposes and in accordance with these Terms. You represent that all information you submit is accurate and does not infringe any third-party rights.
5.2 You expressly agree NOT to:
5.3 iXzel reserves the right to investigate and take appropriate action, including suspension or termination of access, against any User who violates this Section.
6.1 All content, software, features, functionality, designs, trademarks, service marks, trade names, logos, written materials, blog posts, social media content, publications, printed works, and other intellectual property embodied in or associated with any iXzel Services (collectively, "iXzel IP") are the exclusive property of iXzel Management Group, LLC or its licensors.
6.2 These Terms do not convey any ownership interest in any iXzel Services or iXzel IP. iXzel grants you a limited, non-exclusive, non-transferable, revocable license to access and use the applicable iXzel Services solely for your personal or internal business purposes, subject to these Terms.
6.3 All rights not expressly granted herein are reserved by iXzel. Any unauthorized use of iXzel IP may subject you to civil or criminal liability.
6.4 The iXzel name and all product and service names, marks, and logos associated with iXzel Services are trademarks or service marks of iXzel Management Group, LLC. Use of these marks without prior written consent is strictly prohibited.
7.1 Certain iXzel Services allow you to submit, upload, post, or otherwise make available content, including text, data, files, images, prompts, or other materials ("User Content").
7.2 You retain all ownership rights in your User Content. By submitting User Content to any iXzel Services, you grant iXzel a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, distribute, and display your User Content solely to the extent necessary to operate, improve, and provide iXzel Services.
7.3 You represent and warrant that: (a) you own or have the necessary rights to submit User Content; (b) User Content does not infringe any third-party intellectual property rights; (c) User Content does not violate any applicable law or these Terms.
7.4 iXzel does not endorse any User Content and expressly disclaims any responsibility for User Content submitted by users.
8.1 Certain iXzel Services use artificial intelligence and machine learning technologies to generate, suggest, or assist in producing content, recommendations, plans, documents, code, and other outputs ("AI Outputs").
8.2 AI Outputs are generated by automated systems and are provided for informational and assistance purposes only. AI Outputs do not constitute professional advice of any kind, including but not limited to legal, financial, medical, psychological, or regulatory advice.
8.3 AI Outputs may contain inaccuracies, errors, omissions, or outdated information. You are solely responsible for reviewing, validating, and using any AI Output. iXzel makes no representation or warranty regarding the accuracy, completeness, reliability, or fitness of AI Outputs for any particular purpose.
8.4 You agree not to rely on AI Outputs as a substitute for qualified professional advice. When making decisions of legal, financial, medical, or other significant consequence, you should consult a licensed professional in the applicable field.
8.5 iXzel shall not be liable for any harm, loss, damage, or claim arising from your reliance on AI Outputs.
9.1 iXzel publishes content across various channels, including but not limited to blog posts, social media accounts, email newsletters, and printed or digital publications (collectively, "Published Content"). All Published Content is covered by these Terms.
9.2 Published Content is provided for informational and educational purposes only and does not constitute professional, legal, financial, medical, or regulatory advice. iXzel makes no warranty as to the accuracy, completeness, or timeliness of any Published Content.
9.3 You may not reproduce, republish, redistribute, or commercially exploit Published Content without iXzel's prior written consent. Sharing individual social media posts through native platform sharing features is permitted.
9.4 iXzel is not responsible for the content of any comments, replies, or third-party posts made in response to iXzel social media content.
10.1 iXzel Services may integrate with or provide links to third-party services, websites, or platforms ("Third-Party Services"). iXzel does not control, endorse, or assume responsibility for any Third-Party Services.
10.2 Your use of Third-Party Services is subject to the terms and conditions and privacy policies of those third parties. iXzel is not a party to any agreement between you and any third party.
10.3 iXzel shall not be liable for any harm or damage arising from your use of or reliance on any Third-Party Services.
11.1 iXzel does not guarantee uninterrupted or error-free access to any iXzel Services. Services may be temporarily unavailable due to maintenance, updates, or factors beyond iXzel's reasonable control.
11.2 iXzel reserves the right to modify, suspend, or discontinue any iXzel Services or any feature thereof at any time, with or without notice. iXzel shall not be liable to you or any third party for any modification, suspension, or discontinuation.
11.3 New iXzel Services are automatically covered by these Terms upon launch or release, without amendment.
12.1 ALL IXZEL SERVICES AND ALL CONTENT, FEATURES, AND MATERIALS ASSOCIATED THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 IXZEL DOES NOT WARRANT THAT: (a) ANY IXZEL SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (b) ANY IXZEL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) RESULTS OBTAINED FROM USE OF ANY IXZEL SERVICES WILL BE ACCURATE OR RELIABLE; OR (d) ANY ERRORS OR DEFECTS WILL BE CORRECTED.
12.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH EXCLUSIONS ARE NOT PERMITTED, IXZEL'S WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE ALLOWED BY APPLICABLE LAW.
13.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IXZEL AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE ANY IXZEL SERVICES.
13.2 IN NO EVENT SHALL IXZEL'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF ANY IXZEL SERVICES EXCEED THE GREATER OF: (a) THE AMOUNTS YOU PAID TO IXZEL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (b) ONE HUNDRED DOLLARS ($100.00).
13.3 THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF IXZEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.1 You agree to defend, indemnify, and hold harmless iXzel Management Group, LLC, and its members, managers, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
14.2 iXzel reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with iXzel's defense of such claim.
15.1 PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.2 Any dispute, controversy, or claim arising out of or relating to these Terms or any iXzel Services, including any question regarding their existence, validity, or termination, shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect.
15.3 The arbitration shall be conducted by a single arbitrator, seated in New York County, New York, unless otherwise agreed by the parties. The language of arbitration shall be English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.4 CLASS ACTION WAIVER: YOU AND IXZEL EACH AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND IXZEL INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW, NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANOTHER, AND THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR COLLECTIVE BASIS.
15.5 Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.
15.6 Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction in such courts.
16.1 These Terms and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
16.2 To the extent any dispute is not subject to arbitration pursuant to Section 15, the parties irrevocably consent to exclusive jurisdiction and venue in the state and federal courts located in New York County, New York.
17.1 iXzel may terminate or suspend your access to any or all iXzel Services immediately and without prior notice if you breach these Terms or if iXzel, in its sole discretion, determines that your conduct is harmful to other users, third parties, or iXzel's business interests.
17.2 You may terminate your account at any time by following the cancellation procedures available within the applicable iXzel Services. Termination does not entitle you to a refund of any prepaid fees except as required by applicable law.
17.3 Upon termination, all licenses granted to you under these Terms shall immediately cease. Sections 6, 7, 8, 9, 12, 13, 14, 15, and 16 shall survive termination.
18.1 Severability: If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
18.2 Waiver: No failure or delay by iXzel in exercising any right or remedy shall constitute a waiver of that right or remedy. A waiver must be in writing to be effective.
18.3 Entire Agreement: These Terms, together with the Privacy Statement published at www.ixzelgroup.com and any supplemental terms applicable to specific iXzel Services, constitute the entire agreement between you and iXzel regarding the subject matter hereof and supersede all prior agreements.
18.4 Assignment: You may not assign your rights or obligations under these Terms without iXzel's prior written consent. iXzel may assign these Terms or any rights or obligations hereunder without restriction.
18.5 Force Majeure: iXzel shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet outages.
18.6 Notices: iXzel may provide notices to you via email to the address associated with your account or by posting on the applicable iXzel Services or at www.ixzelgroup.com.