Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the website located at https://www.callagentx.com and all associated services, software, tools, features, and content provided by AgentX LLC ("AgentX," "we," "us," or "our"), collectively referred to as the "Services." By registering for an account, clicking "I Agree," accessing our platform, or otherwise using our Services, you ("Client," "User," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Services.

2. Description of Services

AgentX provides a B2B and B2C growth automation platform that includes, without limitation, the following services: AI-powered lead generation and prospecting, automated email outreach and sequencing, AI receptionist and appointment scheduling, social media content generation and automated posting, campaign management and analytics, CRM integrations, domain and mailbox management, and related tools and features as may be updated or modified from time to time (collectively, the "Services").

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. We may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

3. Account Registration and Security

To access certain features of the Services, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

You may not share your account credentials with any third party, create accounts using automated means, or create accounts under false pretenses. We reserve the right to suspend or terminate your account if we suspect that your account credentials have been compromised or that your account is being used in violation of these Terms.

4. Subscription Plans, Fees, and Payment

4.1 Subscription Plans

Access to the Services is provided on a subscription basis. Subscription plans, features, and pricing are described on our website and may be updated from time to time. By selecting a subscription plan, you agree to pay the applicable fees as described at the time of purchase. All fees are stated in U.S. dollars unless otherwise specified.

4.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select. Payment is processed through our third-party payment processor (Stripe). By providing your payment information, you authorize us to charge the applicable fees to your payment method on a recurring basis until you cancel your subscription. You are responsible for ensuring that your payment information is accurate and up to date.

4.3 Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes associated with your use of the Services, excluding taxes based on AgentX's net income.

4.4 Late Payments and Suspension

If your payment fails or is declined, we will notify you and attempt to collect payment. If payment is not received within 10 days of the due date, we reserve the right to suspend or terminate your access to the Services. Reactivation of a suspended account may require payment of all outstanding amounts plus a reactivation fee.

4.5 Refund Policy

All fees paid to AgentX are non-refundable except as expressly stated in these Terms or as required by applicable law. We do not provide refunds for partial months of service, unused features, or dissatisfaction with the Services. If you believe you have been charged in error, please contact us within 30 days of the charge at [email protected].

4.6 Price Changes

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice of any price changes via email or through the platform. Your continued use of the Services after the price change takes effect constitutes your agreement to pay the updated price.

5. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other applicable privacy, anti-spam, or communications laws.

Without limiting the foregoing, you agree not to: (a) send unsolicited bulk email or SMS messages (spam) to individuals who have not given their prior express written consent; (b) use the Services to harass, abuse, threaten, or harm any individual; (c) upload or transmit any content that is unlawful, defamatory, obscene, fraudulent, or infringes any third party's intellectual property rights; (d) attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems connected to the Services; (e) use automated scripts, bots, or other tools to scrape, crawl, or extract data from the Services without our express written consent; (f) impersonate any person or entity or falsely represent your affiliation with any person or entity; (g) use the Services to conduct or promote any illegal activity, including pyramid schemes, phishing, or fraudulent offers; or (h) interfere with or disrupt the integrity or performance of the Services or the data contained therein.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including suspending or terminating their account, reporting the activity to law enforcement authorities, and pursuing civil remedies.

6. Client Responsibilities for Outreach Campaigns

You acknowledge and agree that you are solely responsible for all outreach campaigns, communications, and content sent through the Services, including email campaigns, SMS messages, social media posts, and any other communications. You represent and warrant that: (a) you have obtained all necessary consents, permissions, and authorizations required by applicable law to contact each recipient in your contact lists; (b) your contact lists do not include individuals who have previously opted out or unsubscribed from your communications; (c) all content you create or upload through the Services complies with all applicable laws and does not infringe any third party's rights; and (d) you will honor all opt-out and unsubscribe requests promptly and in compliance with applicable law.

AgentX provides the technology platform and tools to facilitate outreach but does not independently verify the legality of your campaigns or the validity of your contact lists. You agree to indemnify, defend, and hold AgentX harmless from any claims, damages, fines, penalties, or expenses arising from your outreach activities, including any claims brought by recipients of your communications or by regulatory authorities.

7. Intellectual Property Rights

7.1 AgentX Intellectual Property

The Services, including all software, algorithms, AI models, user interfaces, designs, text, graphics, logos, icons, images, audio clips, and other content provided by AgentX, are owned by or licensed to AgentX and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes in accordance with these Terms. You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works based on the Services or any part thereof without our express written consent.

7.2 Your Content

You retain ownership of all content, data, and materials you upload, submit, or create through the Services ("Your Content"). By providing Your Content to AgentX, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, reproduce, and display Your Content solely to the extent necessary to provide the Services to you. You represent and warrant that you have all rights necessary to grant this license and that Your Content does not violate any third party's rights or any applicable law.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize such Feedback without any obligation to compensate you.

8. Confidentiality

Each party may have access to confidential information of the other party in connection with the Services. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Each party agrees to protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information (but no less than reasonable care) and not to disclose such information to any third party without the other party's prior written consent, except as required by law or to fulfill its obligations under these Terms.

9. Third-Party Services and Integrations

The Services may integrate with or rely on third-party services, platforms, and APIs, including but not limited to LinkedIn, Facebook, Instagram, TikTok, X (Twitter), Apollo.io, Smartlead, Clay, Stripe, OpenAI, and other providers (collectively, "Third-Party Services"). Your use of Third-Party Services is governed by the terms and privacy policies of those third parties. AgentX is not responsible for the availability, accuracy, or reliability of any Third-Party Services, and we make no representations or warranties regarding them.

You acknowledge that Third-Party Services may change their APIs, terms, or functionality at any time, which may affect the Services. AgentX will not be liable for any disruption, loss of functionality, or damages resulting from changes to Third-Party Services.

10. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AGENTX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AGENTX DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS.

AGENTX DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO SPECIFIC NUMBERS OF LEADS GENERATED, MEETINGS BOOKED, REVENUE GENERATED, EMAIL OPEN RATES, REPLY RATES, OR OTHER PERFORMANCE METRICS. RESULTS WILL VARY BASED ON MANY FACTORS OUTSIDE AGENTX'S CONTROL, INCLUDING YOUR INDUSTRY, TARGET MARKET, OFFER, MESSAGING, AND COMPETITIVE ENVIRONMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGENTX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF AGENTX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AGENTX'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO AGENTX IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

12. Indemnification

You agree to indemnify, defend, and hold harmless AgentX and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) Your Content; (d) your outreach campaigns and communications sent through the Services; (e) your violation of any applicable law or regulation, including the TCPA, CAN-SPAM Act, GDPR, or CCPA; (f) your violation of any third party's rights, including intellectual property rights or privacy rights; or (g) any claim by a recipient of your communications that you violated their rights or applicable law.

13. Term and Termination

These Terms commence on the date you first access or use the Services and continue until terminated. You may terminate your account at any time by contacting us at [email protected] or through the account settings in the platform. Termination of your account does not entitle you to any refund of prepaid fees.

We may terminate or suspend your account and access to the Services at any time, with or without cause, and with or without notice, including if we believe you have violated these Terms, if your payment is overdue, if required by law, or if we decide to discontinue the Services. Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including Sections 7, 8, 10, 11, 12, 14, and 15.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact AgentX at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

14.2 Binding Arbitration

If the dispute is not resolved informally, you and AgentX agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services through binding arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in court for infringement or other misuse of intellectual property rights. The arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding.

14.3 Class Action Waiver

YOU AND AGENTX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and AgentX agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which AgentX is incorporated, without regard to its conflict of law provisions. To the extent that any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in the United States.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and AgentX with respect to the Services and supersede all prior and contemporaneous agreements, representations, and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of AgentX.

15.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. AgentX may assign these Terms without restriction. Any purported assignment in violation of this section shall be null and void.

15.5 Force Majeure

AgentX shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, riots, government actions, labor disputes, or internet or telecommunications failures.

15.6 Notices

We may provide notices to you via email, through the platform, or by posting on our website. Notices to AgentX must be sent to [email protected] and are effective upon receipt.

15.7 Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, by sending you an email notification. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

16. TCPA and Communications Law Compliance

AgentX's platform includes tools for automated outreach, including automated email sequences and SMS messaging capabilities. You acknowledge and agree that you are solely responsible for ensuring that all communications sent through the Services comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all other applicable federal, state, and local communications laws.

Specifically, you represent and warrant that before sending any automated text messages or calls to any recipient, you have obtained the recipient's prior express written consent as required by the TCPA. You further agree to maintain records of all consents obtained and to provide such records to AgentX upon request. You acknowledge that violations of the TCPA can result in statutory damages of $500 to $1,500 per violation, and you agree to indemnify AgentX for any such violations arising from your use of the Services.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us at: