Terms of Service

Updated on February 5th, 2025

1. Introduction

These Terms of Service (“Terms”, “Terms of Service”) determine the rules of our Service and clarify the relationship between the entity using the Service and the Company. Agilize (“Company”) operates web pages located at agilize.io (“Website”) and offers various services (as defined below in Section 2). The Service is dedicated to professional entities to help them conduct their business. By using the Website and/or the Service, you represent that you have read, understood, and accepted the provisions of the Terms and Privacy Policy and have the capacity to enter into an agreement with the Company. If you do not agree to these Terms, you should not use the Service. You may contact the Company to seek resolution by emailing service @agilize.io.

2. Definitions

Account: Individualized panel serving the User to exploit the Service and/or the Website.
Agreement: A subscription agreement that may be concluded between the User and the Company, specifying the scope and price for using the Service.
Company: Agilize.
Content: Any content such as texts, pictures, and other media published, presented, or sent on the Website or through the Service.
Device: Devices such as computers, phones, smartphones, tablets, or other electronic equipment that allow browsing web pages.
Guest: An entity browsing the Website.
Link: Hyperlink referring to Other Websites.
Mobile Device: Portable devices such as phones, smartphones, tablets, or other electronic equipment that operate the Website and/or Service.
Notification: Message sent to the User as part of the Service.
Other Websites: Websites other than the Website.
Password: The User’s anonymized verification tool which enables access to the Account.
Privacy Policy: The Privacy Policy available at https://agilize.io/privacy-policy.
Service: Together, the Website, Widget, and/or API, depending on the scope dedicated to a given User pursuant to the Agreement.
Terms: These Terms of Service.
User: An entity who owns the Account.
Website: Web pages located at agilize.io.
Widget: The chatbot widget is implemented on the User’s website.

3. General Rules

Using the Service means full acceptance of the Terms. These Terms apply solely to the relationship between the Company and the Guest or User.

Technical Requirements: Using the Website and the Service is permissible provided that the Device meets the following minimum technical requirements:
- Has access to the Internet,
- Allows the startup of one from the following Internet browsers: (i) Google Chrome, (ii) Opera, (iii) Firefox, (iv) Safari, (v) Microsoft Edge,
- The Internet browser version used cannot be older than one year,

It is recommended to install anti-virus software on the Device or Mobile Device.

4. Account

Setup: Account setup is possible through the Website by logging in using your account details, or registering by providing a personal email and Password. When you create an Account, you should provide us with accurate, complete, and current information at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website and Service.
Security: You are responsible for maintaining the confidentiality of your Account and Password, including but not limited to the restriction of access to your Device or Mobile Device and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or Password, whether your Password is with our Website and Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
Username Restrictions: You may not use as a username the name of another person or entity, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or any name that is offensive, vulgar, or obscene.

5. Communications

By creating an Account, you agree to subscribe to newsletters, marketing, or promotional materials, and other information we may send. You may opt out of receiving any, or all, of these communications by following the unsubscribe link or by emailing us at service @agilize.io.

6. Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

Auto-Renewal: At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your Account or by contacting the Company’s customer support team at service@agilize.io.
Payment: A valid payment method, including credit or debit card, Apple Pay, or Google Pay, is required to process the payment for your subscription. You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees incurred through your account to any such payment instruments.
Failed Payments: Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Order Refusal or Cancellation: We reserve the right to refuse or cancel your order at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. The Company is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the person submitting an order resides/is located. Payment of these additional fees remains the responsibility of the person submitting the order.

7. Fee Changes

The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

9. Refunds

Under most circumstances, paid Subscription fees are non-refundable. Refunds are determined on a case-by-case basis.

10. Content

The Website allows you to post, link, store, share, and otherwise make available certain information, text, or other material (“Content”). You are responsible for the appropriateness of the Content you post on or through the Service.

By posting Content on or through the Service, you represent and warrant that:
- We reserve the right to terminate the Account of any User found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.
- We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.

11. Prohibited Uses

You agree not to use the Service or Website for any purpose that is unlawful or prohibited by these Terms. You agree not to:

Violate any applicable national or international law or regulation.
Exploit, harm, or attempt to exploit or harm minors in any way.
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam,” or any other similar solicitation.
Impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity.
Infringe upon the rights of others or engage in any harmful way.
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Service or Website, or which, as determined by us, may harm or offend the Company or Users or expose them to liability.

Additionally, you agree not to:

Disable, overburden, damage, or impair the Service or Website or interfere with any other party’s use of the Service.
Use any robot, spider, or other automatic devices, process, or means to access the Service or Website for any purpose, including monitoring or copying any material on the Service or Website.
Use any manual process to monitor or copy any material on the Service or Website without prior written consent.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service or Website, the server on which the Service or Website is stored, or any server, computer, or database connected to the Service or Website.
Attack the Service or Website via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify the Company’s rating.
Otherwise attempt to interfere with the proper working of the Service or Website.

12. Analytics

We use Wix to monitor and analyze the use of our Service:

Wix Analytics: A web analytics service offered by Wix that tracks and reports website traffic. Wix uses the data collected to track and monitor the use of our Service. For more information on Wix's privacy practices, please visit their Privacy Terms web page: https://wix.com/about/privacy.

13. Intellectual Property

The Service, Website, and their original content (excluding Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service and the Website are protected by copyright, trademark, and other laws of the United States and foreign countries.

The Guest and User, by using the Service, do not acquire any rights to the Intellectual Property. Use of the Intellectual Property for purposes other than those resulting from authorized personal use is prohibited.

14. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted using the Service or on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright Infringement, please submit your claim via email to service @agilize.io with the subject line: "Copyright Infringement," and include in your claim a detailed description of the alleged Infringement.

15. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at service @agilize.io.

16. Error Reporting and Feedback

We strive to support our Guests and Users in resolving problems related to the functioning of the Service and to improve the quality of the Service based on the feedback provided. You may provide us directly with information and feedback at service @agilize.io regarding errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). By submitting Feedback, you agree that:

You shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback.
The Company may have development ideas similar to the Feedback.
Feedback does not contain confidential information or proprietary information from you or any third party.
The Company is not under any obligation of confidentiality with respect to the Feedback.

In the event transfer of ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use the Feedback in any manner and for any purpose.

17. Links to Other Websites

Our Service and Website may contain links to other websites that are not operated by us ("Other Websites"). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Other Websites. We do not warrant the offerings of any of these entities/individuals or Other Websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Other Websites. We strongly advise you to read the Terms of Service and Privacy Policies of any Other Websites that you visit.

18. Disclaimer of Warranty

The Service is provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, regarding the operation of their services, or the information, content, or materials included therein. You expressly agree that your use of the Service, its content, and any services or items obtained from us is at your sole risk.

Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Service. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Service, its content, or any services or items obtained through the Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Service or the server that makes it available are free of viruses or other harmful components, or that the Service or any services or items obtained through the Service will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

19. Limitation of Liability

To the extent permitted by applicable law, the Company, its officers, directors, employees, or agents shall not be liable for any indirect, punitive, special, incidental, or consequential damages, however, it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from these Terms and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the Company has been previously advised of the possibility of such damage.

Except as prohibited by law, if there is liability found on the part of the Company, it will be limited to the amount paid for the services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.

20. Guest’s/User’s Liability

The Guest and/or User is fully liable for the consequences of authorized or unauthorized distribution of any content available on the Website or the Service. This applies in particular to Intellectual Property. The liability includes, but is not limited to, Company’s release from any claims in this respect if such claims are made against the Company. The User is solely liable for any Content published, presented, sent, or in any other way provided during the use of the Service to the User’s customers.

21. Service Breaks

The Company does not guarantee the permanent availability of the Service or the Website. The Company reserves the right to introduce breaks in the operation of the Website or the Service, or certain functionalities thereof. If there is an intention to implement a break, the Company will notify you by posting relevant information or a message on the Website or via email provided when setting up the Account at least 3 days before the date of the planned break. In the event of unintended breaks in the operation of the Website or the Service or certain functionalities, the Company will immediately notify you by posting relevant information or a message on the Website or via email. Acceptance of these Terms means giving approval for the Services not being reliable at all times.

22. Personal Data Protection and Security

The Company processes personal data with due diligence and ensures adequate technical and organizational security measures. Detailed information about the protection of personal data can be found in the Privacy Policy. The Company shall not be liable for the personal data protection of the User’s customers that use the Service. The Company recommends reading the rules of personal data protection and privacy on Other Websites before using them, especially before posting personal data or other essential information on them.

23. Termination

We may terminate or suspend your Account and ban access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

24. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, 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.

25. Changes to Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

26. Amendments to Terms

We may amend these Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. 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. In case of any discrepancies between these Terms and the Agreement (if concluded), the provisions of the Agreement shall be applicable. The aforementioned sentence also applies to the amendments of these Terms introduced in the Agreement.

27. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

28. Acknowledgement

By using the Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.

29. Contact Us

If you have any questions about these Terms of Service, please contact us:

By email: service@agilize.io.