Terms of Service

1. ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By creating an account, accessing, or using Crixin in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms. This Agreement is effective as of the date you first access or use the Services ("Effective Date").

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. Material changes will be notified via email or in-app notification at least thirty (30) days prior to the effective date. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services immediately.

1.3 Additional Policies

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, and any other policies referenced herein, all of which are binding on you.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Eligibility Requirements

To use Crixin, you represent and warrant that you:

• Are at least eighteen (18) years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding contract
• Are authorized to represent and bind any business entity on whose behalf you use the Services
• Are not prohibited from using our Services under any applicable law, including U.S. export control laws and regulations
• Have not been previously suspended or removed from the Services

2.2 Account Registration

You must provide accurate, current, and complete information during registration and maintain the accuracy of such information. You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

2.3 Business Use Authorization

If you use Crixin on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms, and "you" shall refer to both you individually and the entity.

3. DESCRIPTION OF SERVICES

3.1 Service Overview

Crixin provides an AI-powered phone assistant platform that includes:

• Automated voice AI assistants for inbound business calls
• Website and document ingestion for knowledge base training
• Call handling, routing, transcription, and recording
• Analytics, reporting, and business insights
• Integration with third-party telephony providers

3.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3.3 AI Limitations and Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT:

• AI-generated responses may contain errors, inaccuracies, or inappropriate content
• The Services are not a substitute for professional advice (legal, medical, financial, or otherwise)
• You are solely responsible for verifying all information provided by the AI assistant
• We do not guarantee the accuracy, completeness, or reliability of AI-generated content

4. ACCEPTABLE USE AND PROHIBITED CONDUCT

4.1 Permitted Use

You may use the Services only for lawful business purposes in accordance with these Terms and all applicable laws and regulations.

4.2 Prohibited Activities

You expressly agree NOT to use the Services to:

• Violate Laws: Engage in any activity that violates federal, state, local, or international laws, including but not limited to the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227; the Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310; the CAN-SPAM Act, 15 U.S.C. § 7701 et seq.; and state telemarketing laws
• Fraudulent Activities: Engage in fraud, phishing, or deceptive practices, including misrepresenting your identity or affiliation
• Harassment: Harass, abuse, threaten, stalk, or intimidate any person, or make unwanted communications
• Intellectual Property Infringement: Infringe upon any third party's intellectual property rights, including patents, trademarks, copyrights, or trade secrets
• Malicious Code: Upload, transmit, or distribute viruses, malware, ransomware, or other harmful code
• Unauthorized Access: Attempt to gain unauthorized access to our systems, other users' accounts, or third-party systems
• Reverse Engineering: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Service Abuse: Interfere with, disrupt, or create an undue burden on the Services or connected networks
• Impersonation: Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Data Mining: Use automated means (bots, scrapers, crawlers) to access or collect data from the Services without our express written consent

4.3 Telecommunications Compliance

You represent and warrant that your use of the Services complies with all applicable telecommunications laws, including:

• The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227
• FCC regulations at 47 C.F.R. § 64.1200
• The Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310
• State-specific telemarketing and robocall laws
• Do-Not-Call registry requirements

You are solely responsible for obtaining all necessary consents before initiating automated calls or messages through the Services.

5. FEES, PAYMENT, AND BILLING

5.1 Subscription Plans

The Services are offered on a subscription basis. Current pricing is available on our Pricing page. All fees are quoted in U.S. Dollars unless otherwise specified.

5.2 Auto-Renewal

SUBSCRIPTIONS AUTOMATICALLY RENEW at the end of each billing period (monthly or annually) unless canceled at least twenty-four (24) hours before the renewal date. Upon renewal, your payment method will be charged at the then-current rate.

5.3 Payment Processing

Payments are processed by our third-party payment processors:

• Stripe: For web and API-based subscriptions
• Apple (App Store): For iOS in-app purchases

By providing payment information, you authorize us (and our payment processors) to charge your payment method for all fees incurred.

5.4 iOS In-App Purchases (Apple)

If you subscribe through the Crixin iOS app:

• Payment will be charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions in your App Store account settings
• Any unused portion of a free trial will be forfeited when you purchase a subscription

5.5 Usage-Based Charges

In addition to subscription fees, you may incur usage-based charges for:

• Voice minutes exceeding your plan's included allocation (overage rates apply)
• Premium features or add-ons
• International calling (rates vary by destination)

5.6 Price Changes

We may modify pricing at any time with at least thirty (30) days' notice. Price changes will take effect at the start of your next billing cycle following the notice period.

5.7 Refund Policy

All fees are non-refundable except as required by applicable law or as expressly stated in these Terms. No refunds will be provided for partial months, unused minutes, or early termination. For iOS subscriptions, Apple's refund policies apply.

5.8 Taxes

All fees are exclusive of applicable taxes. You are responsible for all taxes, duties, and governmental assessments (except for taxes based on our net income).

5.9 Late Payment

Overdue amounts bear interest at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less). We may suspend or terminate your account for non-payment.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Company Intellectual Property

The Services, including all software, algorithms, user interfaces, designs, text, graphics, logos, trademarks, service marks, and other content ("Company IP"), are owned by or licensed to The La Ziza Group, LLC and are protected by U.S. and international intellectual property laws, including the Copyright Act of 1976, 17 U.S.C. § 101 et seq., and the Lanham Act, 15 U.S.C. § 1051 et seq.

You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes, subject to these Terms.

6.2 User Content

You retain all ownership rights in content you upload, submit, or transmit through the Services ("User Content"). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Use, copy, process, and store User Content to provide and improve the Services
• Train AI models specifically for your account (not shared models)
• Create backup copies for data protection purposes

We do NOT use your User Content to train shared or general-purpose AI models.

6.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Services ("Feedback") become our exclusive property. You hereby assign all rights in Feedback to us and waive any moral rights therein.

6.4 DMCA Compliance

We comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe content on our Services infringes your copyright, please submit a DMCA takedown notice to legal@crixin.com with the information required under 17 U.S.C. § 512(c)(3).

7. PRIVACY AND DATA PROTECTION

7.1 Privacy Policy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and disclose your information. By using the Services, you consent to our data practices as described therein.

7.2 Data Processing

We process personal data in accordance with applicable data protection laws, including the California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 et seq., and where applicable, the General Data Protection Regulation (GDPR).

7.3 Call Recording Consent

If you enable call recording features, you are solely responsible for complying with all applicable wiretapping and recording consent laws, including the Electronic Communications Privacy Act (ECPA), 18 U.S.C. § 2510 et seq., and state two-party consent laws (e.g., California Penal Code § 632).

7.4 Children's Privacy

The 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 in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.

8. CONFIDENTIALITY

8.1 Confidential Information

"Confidential Information" means any non-public information disclosed by either party, including business plans, technical data, customer information, and trade secrets.

8.2 Obligations

Each party agrees to: (a) maintain the confidentiality of the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information; (b) not disclose Confidential Information to third parties except as necessary to perform under these Terms; and (c) use Confidential Information only for purposes of these Terms.

8.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession before disclosure; (c) is independently developed without use of Confidential Information; or (d) is disclosed pursuant to legal requirement, provided reasonable notice is given.

9. WARRANTIES AND DISCLAIMERS

9.1 Limited Warranty

We warrant that we will provide the Services in a professional and workmanlike manner consistent with industry standards.

9.2 DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF AI-GENERATED CONTENT

9.3 Third-Party Services

The Services may integrate with third-party services. We make no warranties regarding such third-party services and are not responsible for their availability, security, or performance.

10. LIMITATION OF LIABILITY

10.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LA ZIZA GROUP, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS
• LOSS OF DATA OR DATA BREACH
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• BUSINESS INTERRUPTION OR DOWNTIME

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

10.3 Basis of the Bargain

The limitations and exclusions of liability in this Section reflect the allocation of risk between the parties and are a fundamental element of the basis of the bargain between us. The Services would not be provided without such limitations.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. INDEMNIFICATION

11.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless The La Ziza Group, LLC and its affiliates, officers, directors, employees, agents, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights
• Any claims by your customers, employees, or callers
• Your failure to obtain required consents for automated calls

11.2 Indemnification Procedure

We will provide prompt written notice of any claim and reasonably cooperate with your defense. You may not settle any claim without our prior written consent if it would impose any obligation or liability on us.

12. TERM AND TERMINATION

12.1 Term

These Terms commence on the Effective Date and continue until terminated in accordance with this Section.

12.2 Termination by You

You may terminate your account at any time through your account settings, the App Store (for iOS subscriptions), or by contacting us at help@crixin.com. Termination will be effective at the end of your current billing period.

12.3 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You breach any provision of these Terms
• You fail to pay any fees when due
• We are required to do so by law or court order
• Your use poses a security risk or may cause harm to us or others
• We discontinue the Services

We may also terminate your account without cause upon thirty (30) days' written notice.

12.4 Effects of Termination

Upon termination:

• Your right to access the Services immediately ceases
• You remain liable for all fees incurred through the termination date
• Your data will be retained for thirty (30) days, after which it will be permanently deleted
• Sections 6 (Intellectual Property), 8 (Confidentiality), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Dispute Resolution), and 14 (General Provisions) survive termination

12.5 Data Export

You may request export of your data within thirty (30) days of termination by contacting help@crixin.com.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@crixin.com and attempt to resolve the dispute informally for at least sixty (60) days.

13.3 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.

The arbitration shall be conducted in Houston, Harris County, Texas, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this arbitration provision.

13.4 Class Action Waiver

YOU AND THE COMPANY 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, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

13.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek:

• Injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights
• Relief in small claims court for disputes within the court's jurisdiction

13.6 Exclusive Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, and you waive any objection to venue in such courts.

13.7 Time Limitation

Any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and The La Ziza Group, LLC regarding the Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is held 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 valid and enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms freely to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us must be sent to legal@crixin.com or to the address below.

14.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly provided herein.

14.8 Relationship of Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

14.9 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and sanctions programs administered by the Office of Foreign Assets Control (OFAC).

14.10 Government Users

If you are a U.S. government entity, the Services are provided as "Commercial Items" as defined in 48 C.F.R. § 2.101, and the government's rights are limited to those specifically granted in these Terms.

15. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact: