Terms Of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. UPON ACCEPTANCE, THESE TERMS OF SERVICE, TOGETHER WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, ADDITIONAL FEES AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND AUROMAXX LLC, INCLUDING ITS OFFICERS, DIRECTORS, SUCCESSORS, AND ASSIGNS (HEREINAFTER REFERRED TO AS “AUROMAXX,” “WE,” OR “US”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL RELATED INTERACTIONS WITH AUROMAXX.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IF THERE IS A CONFLICT BETWEEN THESE TERMS OF SERVICE AND ANY OTHER AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

AuroMaxx reserves the right to update these Terms at any time. Changes are effective immediately upon posting. Continued use of the Platform after any changes have been posted constitutes your acceptance of the revised Terms. We recommend consulting a legal advisor to ensure your use of the Platform complies with these Terms and applicable law.

1. Use of Platform

1.1. Age Requirements. Users must be at least 18 years old to utilize the Platform. By accepting these Terms, creating an account, or using the Platform, you confirm that you are at least 18 years of age. Accounts for those under 18 are prohibited. If you are a parent or legal guardian permitting a person who is at least 13 but under 18 (a "Minor") to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use; (ii) assume all associated risks and liabilities; (iii) ensure the Platform content is appropriate; (iv) confirm the accuracy of all submitted information; and (v) provide the necessary consents, representations, and warranties on the Minor’s behalf.

1.2. Account Ownership. Use of the Platform requires accurate, current, and complete registration information. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. The individual who accepts these Terms is the account owner unless acting on behalf of a business entity, in which case the business entity is the account owner. By accepting these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind the entity to these terms.

1.3. Authorized Use. You and your clients may use the Platform only for lawful purposes and as intended. You agree that neither you nor your clients will use the Platform in any manner that violates any law or regulation or engage in Prohibited Uses. Additionally, you represent and warrant that: (i) all necessary licenses, permissions, authorizations, consents, and permits to fulfill your obligations under these Terms will be maintained; (ii) you are responsible for your actions and those of your employees, agents, and clients who use the Platform; (iii) you are responsible for the use of the Platform by your clients; (iv) you, your employees, agents, and clients will not misrepresent the Platform or the Services; (v) you will provide these Terms to your employees, agents, and clients and ensure they understand that they are subject to these Terms; (vi) you own or control all rights in the content you provide to AuroMaxx, including any custom code for the Platform; (vii) you are responsible for the use and integrity of any data and information provided to us through the Platform; and (viii) you, your employees, and clients will cooperate with law enforcement, regulators, or telecommunications providers as required.

1.4. Privacy Policy. By using the Platform and providing Information, you consent to AuroMaxx’s use and disclosure of the Information as outlined in our Privacy Policy. AuroMaxx is not liable for the deletion or failure to store any Information or content on the Platform. When providing your clients with access to the Platform, you must enforce a Privacy Policy that offers at least the same level of protection as ours. You must obtain your clients' consent to be bound by your privacy policy and ensure that you have obtained all necessary permissions and consents to provide your clients’ data to us for use as described in these Terms and our Privacy Policy.

1.5. Account Security. You are responsible for maintaining the confidentiality of your Login Credentials and for all activities that occur under your account. Notify AuroMaxx immediately of any unauthorized access or use of your account or Login Credentials. AuroMaxx reserves the right to disable your Login Credentials at any time for any reason, including violations of these Terms. Accounts are non-transferable. You must take preventative measures to prevent unauthorized access to your account.

1.6. Communication Services. The Platform may offer communications features such as SMS, MMS, email, and voice call capabilities. If you use these features, you are responsible for all communications sent through the Platform and must comply with laws such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. AuroMaxx is not responsible for ensuring your compliance with these laws. Communications via the Platform are controlled by you and initiated by you or your clients, whether generated by you or sent automatically via the Platform.

1.7. Third Party Services. The Platform may include access to Third Party Services. AuroMaxx is not responsible for the usability or accessibility of Third Party Services. If you pause or delete your account, certain features or functionality may not be retrievable upon reactivation. If your account is paused for more than 30 days and costs are still being incurred on your behalf, AuroMaxx reserves the right to release certain features or delete parts of your account. AuroMaxx disclaims all liability related to Third Party Services downtime or outages.

1.8. Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is at your own risk. AuroMaxx is not responsible for Third Party Content and makes no endorsements or warranties. You are responsible for ensuring compliance with these Terms and applicable laws when engaging with Third Party Content.

1.9. Customizations. Portions of the Platform may be customized with your branding. You are responsible for any intellectual property issues related to these customizations. AuroMaxx may remove any customizations at any time without notice and without liability.

1.10. Data Usage Limits. The Platform is available on a tiered-pricing basis. Excessive data use may affect performance. If your data use is deemed excessive, abusive, or negatively impacts the Platform, AuroMaxx may require you to upgrade your Services, suspend or terminate your use, or reduce your data usage.

1.11. Platform Updates. AuroMaxx reserves the right to update or change the Platform at any time, including changes that may affect previous functionalities. Your use of the Platform is not contingent on any specific features or functionalities.

1.12. International Use. Accessing the Platform from outside the United States is at your own risk. You are responsible for compliance with local laws, including taxation of products purchased online. Any offers made through the Platform are void where prohibited.

2. Third-Party Integrations

2.1. Integration Capabilities. AuroMaxx may integrate with third-party tools, services, and APIs to enhance platform functionality. These integrations are provided for your convenience and may include features like email marketing, CRM systems, or payment processing.

2.2. Responsibility Disclaimer. While we strive to maintain compatibility with third-party integrations, AuroMaxx LLC is not responsible for issues arising from third-party platforms, tools, or APIs, including service interruptions, data loss, or changes in functionality.

2.3. Client Responsibilities. You are responsible for complying with the terms and conditions of any third-party services integrated with AuroMaxx. This includes ensuring that your use of third-party tools aligns with their respective terms.

2.4. Changes and Updates. Third-party providers may update their services, which could impact their integration with AuroMaxx. AuroMaxx LLC is not liable for any disruptions or loss of functionality resulting from such changes.

3. Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which AuroMaxx may immediately suspend or terminate your Platform Account:

● Use of the Platform in any way that violates any applicable law or regulation.

● Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

● Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

● Use of the Platform to transmit or procure the sending of any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

● Impersonating or attempting to impersonate AuroMaxx, an AuroMaxx employee, another user, or any other person or entity (including without limitation by using email addresses associated with any of the foregoing).

● Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.

● Engaging in any conduct that would, in AuroMaxx’s opinion, harm Platform users or AuroMaxx or expose either to liability.

● Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real-time activities through the Platform.

● Use of any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

● Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without AuroMaxx’s prior written consent.

● Use of any device, software, or routine that interferes with the proper working of the Platform.

● Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

● Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.

● Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.

● Otherwise attempting to interfere with the proper working of the Platform.

4. Prohibition Against Circumvention and Replication

4.1. Ownership and Intellectual Property: AuroMaxx represents a unique and proprietary configuration of software, design, and processes. All intellectual property rights related to AuroMaxx, including but not limited to software, design, and processes, are owned by AuroMaxx LLC.

4.2. Prohibited Actions: You agree not to copy, modify, distribute, reproduce, or create derivative works based on AuroMaxx or its components. This includes, but is not limited to, any attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to replicate or recreate AuroMaxx using any platform or technology.

4.3. Enforcement: Any attempt to circumvent, replicate, or misuse AuroMaxx will result in immediate termination of your access to the Platform and may lead to legal action. AuroMaxx LLC reserves the right to seek damages and other remedies in such cases.

4.4. Acknowledgment: By using AuroMaxx, you acknowledge and agree that AuroMaxx LLC retains all ownership rights over the software and that you will not engage in any activities that infringe on these rights.

5. Disclaimers

The Platform is provided "as is" and "as available" without any warranties. AuroMaxx disclaims all warranties, whether express or implied, including those related to merchantability, suitability for a specific purpose, and non-infringement. AuroMaxx is not liable for any damage to your computer system or data loss resulting from your use of the Platform.

6. Limitation of Liability

To the maximum extent permitted by law, AuroMaxx and its affiliates, licensors, service providers, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content. In no event shall AuroMaxx’s aggregate liability for all claims related to the Platform exceed the greater of the amount you paid AuroMaxx in the past three months for the services giving rise to the claim or one hundred U.S. dollars ($100.00).

7. Refund Policy

7.1. Nonrefundable Fees: All fees charged by AuroMaxx are non-refundable, including those for subscriptions, communication surcharges, and third-party services, whether or not you’ve accessed the platform or services during your subscription. You’re responsible for any additional fees due to your errors or those of third parties. AuroMaxx does not offer refunds or credits for such mistakes or for partially used or unused subscriptions. AuroMaxx reserves the right, at its sole discretion, to issue or deny refunds or credits at any time, for any reason, and such decisions are final.

7.2. Pre-paid and Minimum Commitment Subscriptions: Some services and third-party offerings through AuroMaxx require pre-payment (e.g., ad-buying). These pre-paid services are non-refundable if unused or canceled. AuroMaxx may issue account credits for future services if you cancel pre-paid services before they’re fully utilized, but this is at AuroMaxx’s discretion. Certain subscriptions may have a non-cancellable minimum commitment, and fees will continue to be applied until this commitment is met. Additionally, some services or products cannot be canceled or refunded once enabled on your account, including the HIPAA package.

7.3. Wallet Credit Refunds: If your services are canceled, terminated, or expire, it’s your responsibility to request a refund of any remaining amounts in your account’s “wallet.” If the balance remains unclaimed for over 30 days after account termination, it will be forfeited, and AuroMaxx has no obligation to refund such amounts.

7.4. Taxes and Government Assessments: All fees are exclusive of sales, VAT, GST, and other taxes unless otherwise stated. Business entities with a valid VAT or GST number should provide it to AuroMaxx. AuroMaxx may shift VAT/GST liability to you under certain conditions and is responsible for collecting taxes as legally required or deemed appropriate. You’re responsible for taxes associated with your platform use, including those related to transactions with your customers. AuroMaxx’s determinations regarding tax collection are final. Failure to provide a valid VAT/GST number may result in taxes being assessed without refund. AuroMaxx may also collect additional taxes if necessary and will indemnify AuroMaxx for any tax-related claims. Taxes are non-refundable. The name and address you provide are used for tax purposes, and if any amount owed to AuroMaxx is subject to withholding taxes, you must pay them without reducing the fees and taxes due to AuroMaxx.

8. Indemnification

You agree to defend, indemnify, and hold AuroMaxx harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including but not limited to:

(a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers;

(b) any breach of or default under these Terms by you, your employees, agents, or customers;

(c) the wrongful use or possession of any AuroMaxx property by you, your employees, agents, or customers;

(d) any negligence, gross negligence, or willful misconduct by you or your employees, agents, or customers;

(e) misrepresentations by you, your employees, agents, or customers;

(f) violation(s) of applicable law by you, your employees, agents, or customers;

(g) your actions and the actions of your employees, agents, or customers;

(h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email, or other communications using the Services;

(i) Taxes and other Fees; and/or

(j) any disputes between

(1) you and other users,

(2) you and your client(s), and/or

(3) your customers.

9. Injunctive Relief

A breach of these Terms will cause irreparable harm to AuroMaxx, entitling AuroMaxx to seek injunctive relief in addition to other remedies.

10. Waiver and Severability

Failure to enforce any provision of these Terms does not constitute a waiver. If any provision is held invalid, the remaining provisions will continue in full force.

11. Change of Control

AuroMaxx may assign its rights under these Terms without notice. You may not assign your rights without AuroMaxx's written consent.

12. Entire Agreement

These Terms constitute the entire agreement between you and AuroMaxx and supersede all prior agreements. Any modifications must be in writing and signed by an authorized AuroMaxx representative.

13. Term and Termination

These Terms will remain in effect as long as you maintain a Platform Account. Sections intended to survive termination will remain binding even after account termination.

a. Termination by AuroMaxx. AuroMaxx may suspend or terminate your access to the Platform for any reason, with or without notice, including suspected fraudulent or illegal activity. Inactive accounts may be deleted after one year.

b. No Right to Services Upon Termination. Upon termination, your right to use the Platform ceases immediately. AuroMaxx is not liable for claims arising from termination.

c. Termination Process. To terminate your access and cancel your account, provide written notice at least 30 days before your next billing date. You may do so with out Support Form. AuroMaxx is not responsible for cancellations processed through third parties. No refunds will be provided for your failure to properly cancel the Services associated with your account.

d. Force Majeure. AuroMaxx is not liable for non-delivery or delay due to events beyond its control, including labor disturbances, war, fire, adverse weather, or governmental regulations.

14. Applicable Law and Arbitration

These Terms are governed by the laws of North Carolina. Disputes will be resolved by arbitration in Charlotte, NC, and must be arbitrated individually, not on a class basis.

15. Communications

All notices must be in writing and sent via email. AuroMaxx will communicate with you using the email address you provided. For other communications, contact [email protected] or mail:

AuroMaxx LLC

ATTN: Legal Department

7308 E Independence Blvd, Ste C #V45, Charlotte, NC 28227

16. Marketing Communications

16.1. Consent: By using our services or providing your contact information on our platform, you agree to receive communications from AuroMaxx. These communications may include SMS, MMS, email, phone calls, physical mail, and other marketing messages about our services and products.

16.2. Opt-Out: You can opt-out of receiving marketing communications at any time. To opt-out, text "byebye" to our communication number, or contact our support team at

[email protected]

16.3. Frequency and Content: The frequency of marketing messages may vary. These communications may include promotions, updates, and other relevant information about our services and products. AuroMaxx reserves the right to modify the content and frequency of these messages at any time.

16.4. Charges: AuroMaxx is not responsible for any charges or fees from your mobile carrier, service provider, or postal service for receiving marketing messages.

17. Definitions

17.1. Communication Surcharges: Fees related to communications services.

17.2. Feedback: Ideas for improvements or new features.

17.3. Fees: Charges for using the Platform.

17.4. AuroMaxx Marks: Trademarks of AuroMaxx.

17.5. Information: Data collected about you and your clients.

17.6. Login Credentials: Username and password for your account.

17.7. Platform: AuroMaxx's services and features.

17.8. Platform Account: Your account for accessing the Platform.

17.9. Platform Content: Content on the Platform, excluding User Contributions.

17.10. Prohibited Conduct: Actions that violate these Terms.

17.11. Services: Product integrations and services offered by AuroMaxx.

17.12. Sub-Account: A subscription for a business under your account.

17.13. Third Party Content: Content from third parties accessible on the Platform.

17.14. Third Party Services: Services provided by third-party vendors.

17.15. Training: Training information about the Platform.

17.16. User Contributions: Content posted by you on the Platform.

17.17. You: The individual or business entity accepting these Terms.