Effective Date: December 5, 2022
Welcome to Logixx. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications, which include, but are not limited to, Logixx CRM, Logixx Calls, Logixx Voice, Logixx Guide, and Diallogix (the "Services").
These Terms of Service (the "Terms") are a binding contract between you and One Data, Inc dba Logixx ("Logixx," "we" and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.
Your use of the Services and our website constitutes your agreement with and to be bound by all terms and conditions included in these Terms as well as the terms outlined in the Acceptable Use Policy, Privacy Policy, and Copyright Dispute Policy, all of which are incorporated herein by reference.
Modifications and Updates to Terms
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Logixx website, by sending you an email, and/or by some other means.
If you don't agree with the new Terms, you are free to reject them by discontinuing your use of the Services; unfortunately, that means you will no longer be able to use the Services. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of and agreement with any such changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Service Registration Procedures
Upon signing up for the Services and at subsequent times as requested by Logixx, you agree to provide Logixx with your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, 911 registered address for each applicable device, email address, contact phone number, credit card information, and other data which may be necessary to administer your Logixx account ("Account") (collectively, "Registration Data").
You represent and warrant that the information you provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If you provide Registration Data that is, or that Logixx suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, Logixx has the right, in its sole discretion, to suspend or terminate the Services and refuse any and all current or future use of all Services by you, your business(es), affiliates and all users of your Account.
You are solely liable for any transactions or activities by you or anyone else that occur on Your Account. You shall immediately notify Logixx of any unauthorized use of your Account or if any other breach of security has occurred. In no event shall Logixx be liable for any unauthorized use of your Account.
Information and Third Parties
In connection with the registration, implementation, maintenance, or servicing of the Services, you will be required to provide data, personally identifiable information, or other materials (collectively "Customer Data"). Should you use Logixx features that include collection of audio or transcript data, such information is included in the definition of Customer Data.
You hereby grant to Logixx a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, license to copy, store, record, transmit, display, view, print, and use Customer Data to the extent necessary to provide, develop, and improve the Services.
Any information transmitted through the Services is the sole responsibility of the person from whom such information originated, and you access all such information at your own risk. Logixx is not liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Logixx. You access any such third-party websites or services at your own risk and are responsible for reading and abiding by any terms and conditions, privacy policies, or any other terms associated with such third parties.
Changes to Services
Logixx, in its sole discretion, reserves the right to add, remove, or modify features or functions, including reassignment of phone numbers when such numbers are no longer available, or to provide fixes, updates and upgrades, to the Services.
You acknowledge and agree that Logixx has no obligation to make available to You any subsequent versions of the Services. Your continued use of the Services following any modification of the Services constitutes your agreement with any such changes or updates.
Account Termination
In the event that you wish to stop using the Services, you may do so at any time, by contacting us at support@logixx.io. Logixx may terminate (or suspend access to) your use of the Services or your Account, for any reason in our sole discretion, including, but not limited to, your breach of these Terms.
Upon termination of your Account, all information associated with your Account will be deleted or destroyed in accordance with the Privacy Policy. As such, you should perform regular backups in order to avoid losing information upon termination.
Billing and Payment
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Logixx website, by sending you an email, and/or by some other means.
If you don't agree with the new Terms, you are free to reject them by discontinuing your use of the Services; unfortunately, that means you will no longer be able to use the Services. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of and agreement with any such changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Product Pricing and Availability
With respect to its advertising, offering, or sale of Services, Logixx attempts to describe its products as accurately as possible. Nevertheless, Logixx does not warrant that any descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of Services is accurate, complete, reliable, current, or error-free.
In the event Logixx determines that a Service is mispriced, described inaccurately, or unavailable, Logixx reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation, canceling your Account or subscription to the Services.
Taxes, Charges, and Fees
All fees for Services advertised or otherwise listed on the website are exclusive of any federal, state, local sales, international excise, value-added, and similar taxes or fees and administrative or recovery fees or charges (collectively "Taxes and Fees").
For subscribers of Logixx paid Services, You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Services.
You are responsible for paying all charges for your Account, including but not limited to toll-free, local, long distance, international, additional feature charges, 411 and operator assisted charges, and directory assistance charges.
Discounts
From time to time in its sole discretion, Logixx may offer promotions or discounts. Any promotion or discount code must be provided to Logixx upon purchase of the Services. You shall not be entitled to a subsequent credit for such promotions or discounts if you do not request such credit at the time of account creation or change of service.
Promotions and/or discounts may not be used cumulatively or be used for Services retroactively. If a promotion and/or discount is offered on a confidential basis, you agree not to disclose the promotion and/or discount.
Unlimited Calling
Logixx offers unlimited monthly calling for domestic calls (United States and Canada) and text messages from your mobile phone or computer. An unlimited service provides you with a domestic telephone number and is subject to the terms and restrictions of the Acceptable Use Policy along with any other restrictions described herein.
If, for any reason, Logixx believes that you are using the unlimited service for a prohibited purpose and/or your call usage violates the Acceptable Use Policy, then Logixx may, in its sole discretion with or without notice, terminate your unlimited service.
Toll-free Calling
Logixx offers toll-free numbers, for an additional monthly fee, plus additional charges based on the minutes of use for inbound calls. Having a toll-free number requires that you maintain a balance of calling credits.
When you are nearing exhaustion of your initial paid allotment of calling credits, we will automatically recharge on your behalf, an incremental package for additional credits, unless you disable this feature otherwise.
International Calling
To make international calls using the Services, you must enable international calling in your settings and pre-purchase at least the minimum package of international calling credits necessary to make such international calls. Insufficient credits may cause your call to be terminated.
Our international calling rates are available at logixx.io/rate. You are solely responsible for the region and numbers you choose and any associated charges on your Account.
Value, Ownership, and Expiration of Calling Credits
Toll-free and international calling credits have no monetary value and cannot be exchanged for the cash value or refunded at any time after such credits are purchased by you, including after the closure of your Account.
Credits may only be redeemed and used by the holder or users of the associated account or "office" to which the Credits have been credited, and may not be sold, transferred, assigned, or used by another user.
Account Ownership
The account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with Logixx. If no legal entity is provided upon sign-up, the account owner shall be the owner of the credit card used to open the account.
Subsequent changes to ownership must be supported by appropriate legal documentation. Logixx shall not adjudicate ownership-related disputes, or any other internal business dispute. If Logixx is unable to determine the valid owner of the account, Logixx reserves the right to suspend or terminate the account and Services.
Additional Terms for VoIP Service
Logixx's Services may include one or more Voice over Internet Protocol ("VoIP") lines, including the option to add additional lines at a later date. Your license to the Services is provided for a term specified in your order (the "Term").
Monthly Service: For subscribers of monthly Services, you may cancel or terminate your use of the Services with or without cause at any time by contacting Logixx customer service at support@logixx.io.
Annual Service: For subscribers of annual Services, you are purchasing the Service for the full length of the applicable Term. If you terminate the Services prior to the end of your Term, you are responsible for all charges for any remaining time left on the Term.
Equipment:To use the Logixx Service, you may wish to purchase phones, headsets, or other equipment. All Equipment shipments are F.O.B. Logixx's shipping distributor facility.
Storage of User Information
Logixx is not obligated to store your communications logs, voicemails, faxes, emails, or other messages and does so only as a convenience to you. You agree that Logixx has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, emails, messages, and/or other communications maintained or transmitted by the Services.
You acknowledge and agree that Logixx may establish limits as to the size of communications that Logixx transmits or stores and the duration for which Logixx stores any communications.
Confidentiality
You may use Logixx Confidential Information only in connection with your use of the Services as permitted under this Agreement. During the term of your use of the Logixx Services and for a period of five (5) years thereafter, you will not disclose Logixx Confidential Information and you will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Logixx Confidential Information.
"Logixx Confidential Information" means all nonpublic information disclosed by Logixx or its affiliates, employees, agents, contractors, partners, or suppliers, which is either designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, would reasonably be understood to be confidential in nature.
Warranty, Limitation of Liability, and Indemnification
Warranty Disclaimer:THE SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL LOGIXX BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO LOGIXX IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
Indemnity: You agree to indemnify and hold Logixx, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses and expenses arising from or in any way related to any third-party claims relating to your use of the Services or your violation of these Terms.
Other Terms
Governing Law & Venue: These Terms are subject to and governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflicts of laws provisions. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled in Dade County, Florida.
Survival: Provisions that, by their nature, should survive termination of these Terms shall survive termination.
Force Majeure:Logixx shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond Logixx's reasonable control.
California Subscribers: Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 916-445-1254.