Terms of Service

These Terms of Service (the "Terms" or this "Agreement") govern your use of the services provided by AEOxoxo (a product of Swayful, LLC, referred to here as "we" or "AEOxoxo"), including the AEOxoxo website (the "Site"), the marketing services we perform for clients, the AEOxoxo platform and its agents, documentation, and any other software or services associated with AEOxoxo (collectively, the "AEOxoxo Services" or the "Services").

By accessing and using aeoxoxo.ai or engaging our services, you signify your agreement to be bound by these Terms. If you do not agree with these Terms, please refrain from accessing or using the Services. The AEOxoxo Services are available to individuals and to companies that are legally licensed and permitted to conduct business. You affirm that (a) if you are an individual, and (b) if you are a company, (i) you are appropriately licensed and legally allowed to conduct business, and (ii) the individual accepting these Terms on your behalf is authorized to do so.

AEOxoxo may modify these Terms at any time, and such modifications will be effective immediately upon posting on the Site. It is your responsibility to review the Terms periodically to ensure awareness of any changes.

This Agreement includes AEOxoxo's Privacy Policy. Please review it to understand how we manage personal information.

Engagements and Account Responsibility

Marketing engagements are governed by a separate written engagement letter, statement of work, or order form agreed between you and AEOxoxo (each, an "Engagement"). These Terms apply to every Engagement; where an Engagement expressly conflicts with these Terms, the Engagement controls for that conflict.

Where the Services include access to an AEOxoxo account or platform, you must ensure that the information provided during registration is accurate and complete. You are solely responsible for maintaining the confidentiality of your account information and for the credentials you grant us to your own systems. Any unauthorized access must be reported to us at hello@aeoxoxo.ai, and we can mark the account as deactivated. Remember, your account's security is also dependent on the OAuth or email provider used for registration, so be sure to follow best practices in those areas as well.

We may send you marketing communications, product updates, and occasional news about AEOxoxo. All such communications adhere to legal standards and provide an easy and straightforward way to opt out or unsubscribe at any time — follow the instructions provided in the emails or contact us directly. Opting out of marketing communications does not affect the receipt of important service-related communications relating to your Engagement.

Fees and Payments

All AEOxoxo Services are provided on a fee basis. Fees, billing frequency, and payment terms for each Engagement are set out in the applicable engagement letter, statement of work, or order form. You agree to pay AEOxoxo those fees on the terms stated there, and you authorize AEOxoxo to charge the payment method you provide in accordance with those terms.

Services may be paused or interrupted on accounts that are past due, and fees paid for work already performed are non-refundable, except as provided in these Terms, in your Engagement, or as required by law. Accounts not collectible by AEOxoxo may be handed over to an outside collection agency.

You may end an Engagement in accordance with the notice and termination provisions of that Engagement. AEOxoxo may change its published rates from time to time; a change to rates does not affect the fees agreed for an Engagement already in progress.

AEOxoxo is not responsible for any extra bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by AEOxoxo. Currency exchange settlements are based on agreements between you and your payment provider.

Client Data and Privacy

You must ensure that AEOxoxo is entitled to use any data, information, or material provided, submitted, or otherwise made available by you or on your behalf to AEOxoxo in the course of the Services ("Client Data") as needed to perform the Services. We collect various types of Client Data, including your email address, operating system, IP address, and any files you upload. These details might be saved in our database or logs.

Additionally, we use cookies for authentication and measurement to enhance your experience. By using our Services, you consent to our use of cookies and the collection and processing of Client Data in accordance with our Privacy Policy, located at https://aeoxoxo.ai/privacy-policy.

Where you grant AEOxoxo access to your own systems — such as analytics and search platforms, content management systems, advertising accounts, or your CRM — we will collect and process the related data in accordance with our Privacy Policy, solely to perform the Services. That data is retained for the duration of the Engagement plus a 30-day grace period, unless you request immediate deletion.

AEOxoxo is committed to data privacy and protection. We are actively working towards compliance with applicable data protection regulations including the General Data Protection Regulation (GDPR) and SOC 2. For clients requiring specific data protection agreements, please contact us to discuss a data processing agreement covering our commitments as a data processor, including our security measures, sub-processors, and data handling practices.

You acknowledge and agree that AEOxoxo may use Client Data to perform and improve the Services for you, and may use aggregated and anonymized Client Data to improve the AEOxoxo Services generally. We may also access, preserve, and disclose your information and other Client Data if required to do so by any applicable law or if we in good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with any applicable legal process; (ii) enforce this Agreement; (iii) respond to claims that any Client Data violates the rights of third parties; (iv) respond to your requests for support; or (v) protect the rights, property, or personal safety of AEOxoxo, its clients, and/or users, and/or the public. In no event shall AEOxoxo or its designees have any liability or obligation to you in connection with exercising any rights set forth in this Section.

Please note that you may not use the Services if you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.

Usage Restrictions

By using the AEOxoxo Services, you agree that you will not duplicate, distribute, modify, translate, reverse engineer, attempt to discover the underlying code, or create derivative works from the AEOxoxo platform or any content related to the Service. You also agree not to lease, resell, assign, or otherwise provide access to the AEOxoxo platform to third parties, or use the Service in a way that competes with AEOxoxo's business. This restriction applies to the AEOxoxo platform and Services themselves, not to the deliverables we produce for you, which are covered under "Ownership of Deliverables" below.

You must not transmit or store unlawful content through the AEOxoxo Services, including but not limited to, content that infringes upon third-party rights or is threatening, libelous, or obscene. Engaging in deceptive activities, such as "phishing," or using the AEOxoxo Services in a manner that may mislead others, is also prohibited.

Using the AEOxoxo Services to create or disseminate malicious software, such as viruses, worms, or Trojan horses, or to engage in activities that compromise the security or integrity of the Service, is not allowed. You must not violate any local, state, federal, or international laws, regulations, or third-party rights while using the AEOxoxo Services. Finally, you must not use the AEOxoxo Services in any way that conflicts with this Agreement or the rights and interests of others.

Termination Policy

AEOxoxo reserves the right to terminate or suspend your account and access to our services at any time, without notice, for conduct that violates these Terms or is harmful to other clients, us, or third parties, or for any other reason. Termination of an Engagement is otherwise governed by the notice provisions of that Engagement.

Updates and Changes

AEOxoxo may change these Terms from time to time. Your continued use of our services constitutes acceptance of any changes. We will notify clients of significant updates via email.

Ownership of Deliverables

The work we produce for you under an Engagement — including strategy, content, campaigns, creative, websites, dashboards, and reports ("Deliverables") — belongs to you. On full payment of the fees for the Engagement, AEOxoxo assigns to you all rights, title, and interest it holds in those Deliverables, and you may keep and continue using them if the Engagement ends.

This does not transfer ownership of the AEOxoxo platform, its agents, models, templates, playbooks, methods, or any other pre-existing or general-purpose materials we use to produce the Deliverables. Where a Deliverable contains such materials, AEOxoxo grants you a perpetual, worldwide, royalty-free license to use them as part of that Deliverable.

Intellectual Property Rights and Content Usage

Subject to "Ownership of Deliverables" above, AEOxoxo exclusively owns all rights, title, and interest in and to the AEOxoxo Services, including designs, text, graphics, software, and other materials associated with the Services. These are protected by applicable copyright laws, and the use of trademarks, slogans, or any likeness is strictly prohibited without prior written consent from AEOxoxo.

You are granted a limited, non-sublicensable license to access and use AEOxoxo Services solely for the intended purpose. This license does not permit modification, reverse engineering, or any use that violates this Agreement.

You may have opportunities to submit, post, or share content via AEOxoxo Services ("User Content"). You retain all rights, title, and interest in and to your User Content. By using the AEOxoxo Services, you grant AEOxoxo a worldwide, royalty-free license to use, store, and process your User Content solely for the purpose of providing the Services to you. AEOxoxo will not use your User Content for any other purposes without your explicit consent.

AEOxoxo reserves the right to review, censor, or remove any User Content that violates these Terms, and you may report inappropriate content at hello@aeoxoxo.ai.

AEOxoxo may include Third Party Content or links to third-party websites. AEOxoxo does not monitor, control, or endorse any Third Party Content and is not responsible for its accuracy or content. You use these links and Third Party Content at your own risk and should review their terms and policies.

You understand that AEOxoxo has no obligation to display, review, or exploit any User Content and disclaims any warranties or guarantees with respect to User Content. AEOxoxo shall not be liable for misuse, loss, or damage incurred from User Content or Third Party Content.

By using AEOxoxo Services, you agree to these terms and acknowledge that violation of these terms may lead to termination of access or legal action. If you post Third Party Content, you indemnify and will hold AEOxoxo harmless for any damages resulting from such posting.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF AEOXOXO SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE EXTENT ALLOWED BY APPLICABLE LAW, AEOXOXO EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AEOXOXO MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT: (A) THE SERVICES WILL FULFILL YOUR SPECIFIC NEEDS, OR (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT ALLOWED BY APPLICABLE LAW, AEOXOXO SHALL NOT BE LIABLE TO YOU UNDER BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (A) FOR ERRORS IN THE SERVICES OR MATERIALS, LOSS OR INACCURACY OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR LOSS OF PROFITS OR BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF AEOXOXO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (C) FOR ANY MATTER BEYOND AEOXOXO'S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS EXCEEDING THE AMOUNT PAID OR PAYABLE BY YOU TO AEOXOXO FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

Indemnification

YOU AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY AEOXOXO, AND ITS SUBSIDIARIES, ASSOCIATES, OFFICERS, REPRESENTATIVES, EMPLOYEES, PARTNERS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ANY THIRD-PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR OR YOUR LICENSEES' (INCLUDING BUT NOT LIMITED TO YOUR CLIENT LICENSEES') (A) BREACH OF THESE TERMS, (B) UTILIZATION OF THE SERVICES OR MATERIALS, OR (C) NON-COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS, OR RULES IN CONNECTION WITH THE SERVICES, OR ARISING FROM CONTENT MADE AVAILABLE THROUGH YOUR OR YOUR LICENSEES' (INCLUDING BUT NOT LIMITED TO YOUR CLIENT LICENSEES') CONNECTIONS, INCLUDING ANY LIABILITY OR EXPENSE STEMMING FROM CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LEGAL PROCEEDINGS, AND LEGAL FEES, OF EVERY KIND AND DESCRIPTION.

Contact Information

For questions or concerns, please contact us at hello@aeoxoxo.ai.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Service operates, without regard to its conflict of law provisions.

By using the Service, you agree to submit to the exclusive jurisdiction of the courts located in the jurisdiction in which the Service operates to resolve any legal matter arising from the Terms.

Waiver and Severability of Terms

The failure of AEOxoxo to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Should a court of competent jurisdiction find any provision of these Terms invalid, the parties still agree that the court should strive to honor the intentions as expressed in the provision, and all other provisions of these Terms shall continue to be in full force and effect.

Statute of Limitations

You concur that, notwithstanding any statute or law to the contrary, any claim or cause of action by you emerging from or connected to the use of the AEOxoxo Services or these Terms must be filed within one (1) year following the origin of such claim or cause of action, or else it shall be permanently barred.