Terms & Conditions

1. Terms of Service

1.1 Acceptance of Terms

Welcome to VexioHQ. These Terms & Conditions ("Terms") govern your access to and use of VexioHQ's website (vexiohq.com), products, and services, including VexioSales, VexioMarketing, VexioHRM, VexioExpense, and our AI consulting services (collectively, the "Services"). VexioHQ is a brand operated by Data Tranquil Inc., an S-Corporation ("Company," "we," "our," or "us").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

1.2 Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into this agreement
• If using on behalf of a business, have authorization to bind that entity to these Terms
• Not be prohibited from using the Services under applicable laws

1.3 Account Registration and Responsibilities

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use or security breach

1.4 Permitted Use and Prohibited Activities

You may use the Services only for lawful purposes. You agree NOT to:

• Violate any applicable law, regulation, or third-party rights
• Use the Services for any fraudulent or deceptive purpose
• Transmit viruses, malware, or other harmful code
• Attempt unauthorized access to our systems or networks
• Interfere with or disrupt the integrity of the Services
• Send unsolicited communications (spam) through our platform
• Use automated systems to extract data (scraping) without permission
• Reverse engineer, decompile, or disassemble the Services
• Use the Services to compete with VexioHQ or for benchmarking
• Resell or redistribute the Services without authorization

1.5 Intellectual Property Rights

Customer Inputs.

You retain all ownership rights in any data, content, or materials you provide to the Services ("Customer Inputs"). You grant VexioHQ a limited, non-exclusive license to use Customer Inputs solely to provide and maintain the Services for you.

Customer Outputs.

Subject to your compliance with these Terms, you own outputs generated by the Services that are derived from your Customer Inputs ("Customer Outputs"). VexioHQ retains no ownership interest in Customer Outputs.

Company Systems and Improvements.

VexioHQ and its licensors retain all ownership rights in the Services, including all software, algorithms, models, workflows, documentation, designs, logos, trademarks, and underlying technology ("Company Systems"). Any improvements, modifications, or derivative works to Company Systems, whether or not arising from your use of the Services, are and shall remain the sole property of VexioHQ.

Feedback.

If you provide suggestions, ideas, or feedback regarding the Services ("Feedback"), you grant VexioHQ a perpetual, irrevocable, royalty-free, worldwide license to use such Feedback for any purpose. Feedback does not entitle you to any ownership interest in Company Systems or any compensation.

1.6 Service Modifications and Termination

We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will use commercially reasonable efforts to provide advance notice of material changes.

We may suspend or terminate your account for violation of these Terms or if required by law. For termination for convenience, we will provide 30 days' notice where practicable. Upon termination or cancellation, you may request export of your Customer Inputs and Customer Outputs for a period of 30 days. After such period, we may delete your data in accordance with our data retention policies.

1.7 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEXIOHQ AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

Our total aggregate liability for any claims arising from these Terms or your use of the Services shall not exceed the total fees actually paid by you to VexioHQ during the twelve (12) months preceding the event giving rise to the claim.

Exclusions. The limitations in this Section do not apply to (a) liability that cannot be limited or excluded under applicable law, (b) your breach of Section 1.4 (Prohibited Activities), (c) your indemnification obligations, or (d) either party's gross negligence or willful misconduct.

1.8 Indemnification

You agree to indemnify, defend, and hold harmless VexioHQ and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your Customer Inputs or Customer Outputs

1.9 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

1.10 Dispute Resolution

Informal Resolution.

Before initiating any formal dispute resolution, you agree to contact us at legal@vexiohq.com and attempt to resolve any dispute informally for at least 60 days. Most disputes can be resolved without formal proceedings.

Arbitration.

If informal resolution is unsuccessful, any dispute arising from these Terms or the Services shall be resolved by binding arbitration administered by JAMS in San Francisco, California, under its Comprehensive Arbitration Rules.

Fees.

Each party shall pay its own attorneys' fees and costs. If you demonstrate financial hardship, VexioHQ will consider in good faith any request to pay your share of arbitration administrative fees.

Batch Arbitration.

If 25 or more similar claims are filed, JAMS shall group them into batches of no more than 25 claims each. Each batch shall be resolved in a single arbitration proceeding. Batch selection shall be random, and resolution of earlier batches shall inform later batches.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found unenforceable, the parties agree to resolve the dispute in court rather than arbitration.

Small Claims Exception. Either party may bring an individual action in small claims court if the claim qualifies.

2. Privacy Policy

2.1 Information We Collect

We collect the following types of information:

Personal Information:

• Name, email address, phone number
• Company name and job title
• Billing and payment information
• Account credentials

Business Information:

• Company size, industry, and location
• CRM data and customer records (when integrated)
• Sales and marketing data you provide

Usage Data:

• IP address, browser type, device information
• Pages visited, features used, time spent
• Interaction with our AI features

2.2 How We Use Information

We use your information to:

• Provide, maintain, and improve our Services
• Process transactions and send related communications
• Send promotional communications (with your consent)
• Respond to your inquiries and support requests
• Analyze usage patterns to improve user experience
• Detect, prevent, and address technical issues or fraud
• Comply with legal obligations

2.3 Data Sharing and Third Parties

We may share your information with:

• Service Providers: Cloud hosting, payment processors, analytics providers
• Business Partners: Integration partners with your consent
• Legal Requirements: When required by law or to protect our rights
• Business Transfers: In connection with mergers, acquisitions, or asset sales

We do NOT sell your personal information to third parties.

2.4 Data Retention

We retain your information for as long as your account is active or as needed to provide Services. Upon account termination or cancellation, your data is retained for 30 days to facilitate export requests. After such period, data is deleted in accordance with our standard retention schedule, except as necessary to comply with legal obligations, resolve disputes, or enforce our agreements.

2.5 Security Measures

We implement industry-standard security measures including encryption, access controls, and regular security audits. However, no method of transmission or storage is 100% secure.

2.6 Your Rights

Depending on your location, you may have the right to:

• Access: Request a copy of your personal data
• Correction: Request correction of inaccurate data
• Deletion: Request deletion of your data ("right to be forgotten")
• Portability: Request your data in a machine-readable format
• Opt-out: Opt-out of marketing communications
• Restrict Processing: Limit how we use your data

To exercise these rights, contact us at privacy@vexiohq.com.

2.7 Cookies and Tracking

We use cookies and similar technologies to enhance your experience, analyze usage, and deliver targeted advertising. You can manage cookie preferences through your browser settings. See our Cookie Notice for details.

2.8 International Data Transfers

Your information may be transferred to and processed in countries other than your own. We ensure appropriate safeguards are in place for such transfers, including Standard Contractual Clauses where required.

2.9 Children's Privacy

Our Services are not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If we learn we have collected such information, we will delete it promptly.

2.10 California Privacy Rights (CCPA)

California residents have additional rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect and the right to opt-out of the sale of personal information. We do not sell personal information.

3. SMS/Text Messaging Terms

3.1 Consent to Receive SMS

By providing your mobile phone number and checking the SMS consent box, you provide your express written consent to receive text messages from VexioHQ and its product lines (VexioSales, VexioMarketing, VexioHRM, VexioExpense). This consent covers transactional messages related to your account and service-related communications.

Separate Promotional Consent. Consent to receive promotional or marketing SMS messages requires a separate, clearly labeled opt-in at the time of collection. Promotional consent is not bundled with transactional consent and is not required as a condition of purchase or service.

3.2 Verbal Consent Script

When obtaining verbal consent for SMS communications over the phone, VexioHQ and VexioSales representatives must use the following standardized script:

Documentation Requirements:

• Date and time consent was obtained
• Phone number receiving consent
• Name of representative who obtained consent
• Record of affirmative response

A confirmation SMS is sent immediately after verbal consent is obtained to confirm enrollment.

3.3 Opt-In Workflow

VexioHQ and VexioSales collect SMS consent through the following methods:

3.4 Types of Messages

You may receive the following types of SMS messages:

• Transactional Messages: Account notifications, security alerts, verification codes, appointment reminders
• Service Alerts: System updates, feature announcements, service changes
• Promotional Messages: Special offers, promotions, product updates (only with separate promotional consent)
• AI Agent Communications: Responses from our AI voice and text agents

3.5 Message Frequency

Message frequency varies based on your account activity and preferences. Transactional messages are sent as needed. Promotional messages (if separately consented) are typically sent no more than 4 times per month.

3.6 Rates and Charges

Standard message and data rates may apply. Check with your mobile carrier for details about your text messaging plan.

3.7 Opt-Out Instructions

To stop receiving SMS messages from VexioHQ:

• Text STOP to any message to unsubscribe from all SMS communications
• Text STOP PROMO to unsubscribe from promotional messages only
• Manage preferences in your account settings
• Contact support@vexiohq.com

Opt-out requests are processed within 24 hours. After texting STOP, you will receive one final confirmation message. Transactional messages related to security and account access may continue as required for service delivery until you close your account.

3.8 Opt-In Keywords

To subscribe or re-subscribe to SMS messages:

• Text START or YES to subscribe
• Check the SMS consent box during account registration
• Update your preferences in account settings

3.9 Help Instructions

For help with SMS communications:

• Text HELP for assistance
• Email: support@vexiohq.com
• Phone: +1 (415) 390-5748

3.10 Supported Carriers

Our SMS services are compatible with major carriers including AT&T, Verizon, T-Mobile, Sprint, and most regional carriers. Carrier participation may change without notice.

3.11 Delivery Disclaimer

We cannot guarantee SMS delivery. Delivery depends on your carrier, network conditions, and device settings. Neither VexioHQ nor mobile carriers are liable for delayed or undelivered messages.

3.12 TCPA Compliance

VexioHQ complies with the Telephone Consumer Protection Act (TCPA). We only send messages to users who have provided express written consent. We maintain internal do-not-call lists and honor all opt-out requests within 24 hours.

4. Email Communication Terms

4.1 Consent to Receive Emails

By creating an account or subscribing to our communications, you consent to receive emails from VexioHQ. You can manage your email preferences at any time.

4.2 Types of Emails

We send the following types of emails:

• Transactional Emails: Account confirmations, password resets, security alerts, receipts, and service notifications
• Service Updates: Product updates, feature announcements, maintenance notices
• Marketing Emails: Newsletters, promotions, educational content, event invitations
• Customer Success: Onboarding emails, tips, best practices, usage reports

4.3 Unsubscribe Process

To unsubscribe from marketing emails:

• Click the "Unsubscribe" link at the bottom of any marketing email
• Update your email preferences in your account settings
• Contact support@vexiohq.com

We will process your unsubscribe request within 10 business days. Note that transactional emails necessary for service delivery cannot be unsubscribed.

4.4 CAN-SPAM Compliance

VexioHQ complies with the CAN-SPAM Act. All marketing emails include:

• Clear identification of the sender (VexioHQ/Data Tranquil Inc.)
• Accurate subject lines
• Our valid physical postal address
• A clear and conspicuous unsubscribe mechanism

5. Voice/Phone Communication Terms

5.1 Consent to Receive Calls

By providing your phone number and separately opting in to voice communications, you consent to receive phone calls from VexioHQ, including calls made using automated dialing systems and pre-recorded messages.

Separate Consent Required. Consent to receive promotional or sales calls requires a separate, clearly labeled opt-in at the time of collection. Promotional call consent is not bundled with transactional or service call consent. You may revoke voice communication consent at any time by following the opt-out instructions in Section 5.4.

5.2 Call Recording Disclosure

Calls with VexioHQ may be recorded for quality assurance, training, and compliance purposes. By continuing a call, you consent to recording. If you do not consent, please inform the representative at the beginning of the call.

5.3 AI Voice Agent Disclosure

VexioHQ utilizes AI-powered voice agents for certain communications, including:

• Appointment scheduling and reminders
• Lead qualification calls
• Customer support inquiries
• Survey and feedback collection

Mandatory Disclosure. Our AI voice agents will identify themselves as automated or AI-powered systems at the beginning of each call before any substantive conversation. You may request to speak with a human representative at any time during the call.

5.4 Opt-Out of Calls

To opt-out of phone communications:

• Request to be added to our do-not-call list during any call
• Update your preferences in account settings
• Email support@vexiohq.com with your phone number
• Call +1 (415) 390-5748 and request removal

We will honor your opt-out request within 30 days. Emergency and security-related calls may continue as necessary.

6. Data Processing Agreement (DPA)

This section applies to business customers ("Controllers") who use VexioHQ services to process personal data of their customers or employees.

6.1 Document Hierarchy

In the event of any conflict between this DPA section and other portions of these Terms, this DPA section shall control with respect to data processing matters. In the event of any conflict between this DPA section and a separately executed Data Processing Agreement, the separately executed agreement shall control.

6.2 GDPR Compliance

For customers subject to the General Data Protection Regulation (GDPR), VexioHQ acts as a data processor on your behalf. We commit to:

• Process personal data only on your documented instructions
• Ensure personnel authorized to process data are bound by confidentiality
• Implement appropriate technical and organizational security measures
• Assist you in responding to data subject requests
• Support your compliance with GDPR obligations

6.3 Data Processor Responsibilities

As a data processor, VexioHQ will:

• Process data only for the purposes specified in our service agreement
• Not use your data to train our AI models without explicit consent
• Maintain records of processing activities
• Delete or return all personal data upon termination of services, subject to our data retention policies and legal obligations
• Allow and contribute to audits and inspections

6.4 Sub-Processors

VexioHQ uses third-party sub-processors to provide our Services. A current list of sub-processors is available at vexiohq.com/legal/sub-processors or upon request. We will notify you of any intended changes to sub-processors at least 30 days in advance.

Objection Right. You may object to a new sub-processor by providing written notice within 30 days of our notification. If you object and we cannot reasonably accommodate your objection, you may terminate the affected Services without penalty by providing written notice within 30 days of our response. This termination right is your sole remedy for sub-processor objections.

Current categories of sub-processors include:

• Cloud infrastructure providers (AWS, Google Cloud)
• Communication services (Twilio)
• Payment processors (Stripe)
• Analytics providers
• Customer support tools

6.5 Data Breach Notification

In the event of a personal data breach, VexioHQ will:

• Notify you within 72 hours of becoming aware of the breach
• Provide details of the nature of the breach, categories of data affected, and approximate number of individuals impacted
• Describe the likely consequences and measures taken to address the breach
• Cooperate with your breach response and notification requirements

6.6 Enterprise DPA

Enterprise customers may request a formal Data Processing Agreement with additional terms specific to their compliance requirements. Contact legal@vexiohq.com for enterprise DPA requests.

7. Acceptable Use Policy

7.1 Prohibited Content

You may not use our Services to create, store, or transmit:

• Content that is illegal, harmful, threatening, abusive, or defamatory
• Content that infringes intellectual property rights
• Malicious code, viruses, or harmful software
• Personally identifiable information without proper consent
• Content that promotes discrimination or hate speech
• Pornographic or sexually explicit material
• Content that exploits minors

7.2 Spam Policy

Users of our communication features (email, SMS, voice) must comply with all applicable anti-spam laws. You agree NOT to:

• Send unsolicited bulk messages
• Use purchased, rented, or scraped contact lists
• Send messages without proper consent
• Use misleading subject lines or sender information
• Fail to honor opt-out requests

Violation of our spam policy may result in immediate account suspension.

7.3 Abuse Reporting

To report abuse, spam, or violations of this policy:

• Email: support@vexiohq.com
• Include relevant details, screenshots, and message headers if applicable

We investigate all reports and take appropriate action, which may include account suspension or termination.

8. Product-Specific Terms

8.1 Generally Available Products

The following products are currently generally available: VexioSales. Terms for generally available products apply upon your first use of such products.

8.2 VexioSales Terms

VexioSales is our AI-powered sales intelligence platform. Additional terms include:

• Lead Data: You are responsible for the accuracy and legality of lead data you import
• AI Voice Agents: Must comply with all telemarketing laws and regulations
• Integrations: Third-party CRM integrations are subject to those providers' terms
• Usage Limits: Subject to your subscription tier limits on calls, leads, and AI credits
• No Professional Advice: AI-generated recommendations and insights are informational tools only and do not constitute professional sales, legal, or business advice. You are solely responsible for verifying AI outputs and for all business decisions made using the Services.

8.3 VexioMarketing Terms

VexioMarketing is our AI marketing automation platform. Additional terms include:

• Email Marketing: Must comply with CAN-SPAM, GDPR, and other applicable laws
• Contact Lists: You must have proper consent for all contacts
• Content: AI-generated content must be reviewed before distribution
• Sending Limits: Subject to your subscription tier limits
• No Professional Advice: AI-generated marketing recommendations and content are informational tools only. You are solely responsible for reviewing, verifying, and approving all AI outputs before use.

8.4 VexioHRM Terms

VexioHRM is our AI-powered human resources platform. Additional terms include:

• Employee Data: You are the data controller for employee information
• Tool-Only Platform: VexioHRM is a software tool only. VexioHQ does not provide HR consulting, legal advice, or employment recommendations. VexioHQ is not your employer, co-employer, or joint employer, and is not the employer of any individuals whose data you process through the Services.
• AI Outputs Require Human Review: AI-generated recommendations, scores, or suggestions related to hiring, performance, compensation, termination, or any other employment decision are informational tools only and do not constitute professional HR, legal, or employment advice. You must independently verify all AI outputs and exercise independent human judgment for all employment-related decisions. You are solely responsible for all hiring, termination, and other employment decisions.
• Compliance: You are responsible for compliance with all applicable employment laws
• Data Retention: Employee data retention must comply with applicable laws

8.5 VexioExpense Terms

VexioExpense is our smart expense management platform. Additional terms include:

• Financial Data: Bank connections use read-only access through secure providers
• Receipt Processing: AI extraction may require manual verification
• No Professional Advice: The Services do not constitute and are not a substitute for professional tax, accounting, or financial advice. You are solely responsible for verifying all AI-generated categorizations, calculations, and reports before relying on them for any purpose.
• Data Security: Financial data is encrypted and stored securely

8.6 Beta and Future Products

Products marked as "Coming Soon," "Beta," or "Preview" are not generally available and may be subject to additional or different terms. Beta products are provided "AS IS" without warranty. By using a beta product, you acknowledge that: (a) the product may not function as expected; (b) features may change or be discontinued without notice; and (c) separate terms may apply upon general availability, which will require your express acceptance before continued use.

8.7 Third-Party Platforms and Integrations

The Services may integrate with or enable access to third-party platforms, including but not limited to LinkedIn, Gmail, Google Workspace, Salesforce, and other CRM or communication platforms. VexioHQ is not responsible for the availability, terms, policies, or actions of any third-party platform. Your use of third-party platforms is subject to those platforms' terms of service. VexioHQ disclaims all liability for any account suspension, restriction, or termination imposed by third-party platforms as a result of your use of the Services, including any use of automation features. You are solely responsible for ensuring your use of the Services complies with all applicable third-party platform terms.

9. Billing & Refunds

9.1 Payment Terms

All fees are stated in U.S. dollars unless otherwise specified. Payment is due upon subscription or as specified in your service agreement. We accept major credit cards and other payment methods as displayed during checkout.

9.2 Subscription Billing

For subscription services:

• Billing occurs in advance on a monthly or annual basis
• Subscriptions automatically renew unless canceled before the renewal date
• Price changes will be notified 30 days in advance
• Failed payments may result in service suspension

9.3 Refund Policy

Except as required by law:

• Monthly Subscriptions: No refunds for partial months
• Annual Subscriptions: Pro-rata refund available within 30 days of purchase
• Enterprise Agreements: Refund terms as specified in your contract
• One-Time Purchases: Refunds considered on a case-by-case basis within 14 days

To request a refund, contact billing@vexiohq.com with your account details and reason for the request.

9.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

• You retain access until the end of your current billing period
• No refund is provided for the remaining period (unless within refund window)
• You may request export of your Customer Inputs and Customer Outputs for 30 days following cancellation
• After 30 days, your data will be deleted in accordance with our data retention policies

10. Contact Information