- The agreement
- The service
- Accounts
- Acceptable use
- Your customers' data and consent
- Fees and billing
- Third-party services
- Ownership
- Disclaimers
- Limitation of liability
- Indemnification
- Termination
- Governing law
- Changes
- Contact
The agreement
These terms are a contract between you and TCBKitt (“Daxus”, “we”, “us”), PO Box 147, Georgetown, TX 78626, governing your use of the Daxus platform at daxuspro.com and any related services (the “Service”). By creating an account, accepting an invitation to a portal, or using the Service, you agree to them. If you are using the Service on behalf of a business, you confirm you have authority to bind that business, and “you” means the business. If you do not agree, do not use the Service.
Our Privacy Policy explains how we handle data and forms part of these terms.
The service
Daxus is a platform on which a marketing agency manages work for the local businesses it serves (“clients”) and those clients see that work in a live portal: leads, appointments and reminders, review requests and published reviews, text and email conversations, call tracking, quotes and payments, campaign results and related features. Features vary by plan and may be added, changed or withdrawn over time. Where a separate written agreement between you and Daxus covers a particular engagement, that agreement controls if it conflicts with these terms.
Accounts
- You must provide accurate information and keep it current.
- You are responsible for everything done under your account and for keeping your sign-in method secure. Notify us promptly at hello@daxuspro.com if you believe your account has been compromised.
- Access to a business’s portal is granted by that business or its agency. Removing a person’s access is the business’s responsibility.
- You must be at least 18 and able to enter a binding contract.
Acceptable use
You agree not to use the Service to:
- send messages, emails or calls to anyone who has not agreed to receive them, or in breach of any law that applies to marketing communications;
- upload or transmit anything unlawful, infringing, defamatory, deceptive or harmful;
- solicit, fabricate or suppress reviews in violation of Google’s or any other platform’s policies, including offering incentives for reviews or hiding the option to leave a public review from dissatisfied customers;
- access data belonging to another agency or business, or attempt to bypass the access controls of the Service;
- probe, scan, overload or interfere with the Service, or use it to build a competing product;
- resell or sublicense the Service except as an agency serving its own clients through it.
We may suspend or remove content or accounts that we reasonably believe breach this section.
Your customers’ data and consent
Much of what passes through the Service is information about a business’s own customers and prospects. As between you and Daxus, you own that data and you are responsible for it. In particular:
- Consent to text messages. You must obtain, and be able to show, each customer’s consent before texting them, in the form the law and carrier rules require (including the Telephone Consumer Protection Act and applicable state law in the United States). The Service records the consent you capture and honors STOP requests, but it does not obtain consent for you.
- Call recording. Where you enable recording of tracked calls, you are responsible for ensuring recording is lawful where the parties are located. The Service plays a recording notice before connecting a recorded call; you must not disable or circumvent it.
- Accuracy and lawful basis. You confirm you have the right to enter the data you put into the Service and to have it processed as the Service describes.
- Privacy notices. You are responsible for giving your own customers whatever privacy notice the law requires of you.
You grant Daxus a license to host, process, transmit and display your data solely to provide and improve the Service and as described in the Privacy Policy.
Fees and billing
- Fees for the Service are those shown at daxuspro.com or in your order or agreement with Daxus. Unless agreed otherwise, subscriptions are billed monthly in advance and renew automatically until cancelled.
- Fees are exclusive of taxes, which you are responsible for except taxes on our income.
- Subscriptions are billed in advance on a recurring basis. You may cancel at any time, and cancellation takes effect at the end of the current billing period. Fees already paid, including any setup fees, are non-refundable except where required by law.
- If a payment fails or is overdue, we may suspend the Service after notice until it is brought current.
- We may change fees on at least 30 days’ notice; the change applies from your next billing period.
- Payments your customers make to you through quotes and invoices in the Service are processed by Stripe under your own Stripe account and Stripe’s terms. Daxus is not a party to those payments and does not take a fee from them.
Third-party services
The Service depends on third-party providers — including Clerk, Google, Twilio, Resend, Stripe, Zernio, Instantly, Supabase and Vercel — and may let you connect your own accounts with some of them (for example, Google Calendar or Stripe). Your use of those services is subject to their own terms, and Daxus is not responsible for those services. Connecting an account authorizes Daxus to access it as the Privacy Policy describes; you can disconnect it at any time.
Ownership
Daxus and its licensors own the Service, including its software, design and content, and all related intellectual property. You receive a limited, non-exclusive, non-transferable right to use it in accordance with these terms. You keep ownership of your data and your own brand materials. You may give us feedback; we may use it without obligation to you.
Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that messages, emails or calls will be delivered, that reviews will be obtained, or that any marketing result will be achieved. Information in the Service is provided by you, your agency and third-party services, and we do not verify it.
Limitation of liability
To the fullest extent the law allows, Daxus will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Service, however caused and under any theory of liability, even if advised of the possibility. Our total liability for all claims relating to the Service in any twelve-month period will not exceed the fees you paid us for the Service in that period. Some jurisdictions do not allow some of these limitations, in which case they apply to the extent permitted.
Indemnification
You will defend and indemnify Daxus and its officers, employees and contractors against claims, losses and expenses (including reasonable legal fees) arising from your data, your use of the Service in breach of these terms, or your breach of any law that applies to your communications with your customers.
Termination
You may stop using the Service and ask us to close your account at any time by emailing hello@daxuspro.com. We may suspend or terminate your access if you breach these terms, if required by law, or on notice if we discontinue the Service. On termination your right to use the Service ends; sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnification and governing law) survive. You may request an export or deletion of your data as the Privacy Policy describes.
Governing law
These terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Any dispute arising from these terms or the Service will be brought in the state or federal courts located in Williamson County, Texas, and you consent to the personal jurisdiction of those courts.
A formal arbitration clause is not currently included and may be added to these terms later; if it is, it will be announced as a change under the section below.
Changes
We may update these terms. We will change the date at the top and, for material changes, notify account holders by email before they take effect. Continuing to use the Service after that date means you accept the updated terms.
Contact
Questions about these terms: hello@daxuspro.com. Or write to TCBKitt, PO Box 147, Georgetown, TX 78626.