Terms of Service

1. Agreement to Terms

By accessing or using the Roxo platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service, including business owners, service providers, and their clients.

2. Description of Service

Roxo provides a business management platform that enables service professionals and businesses to:

• Manage client relationships and appointments
• Process payments and subscriptions
• Create and manage professional websites
• Handle digital waivers and documentation
• Track business analytics and reporting

3. User Accounts

When you create an account with us, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of the Terms.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Payment Terms

Certain aspects of the Service may be provided for a fee. You will be required to select a payment plan and provide accurate billing information.

By submitting payment information, you authorize us to charge the applicable fees to your designated payment method. Subscription fees are billed in advance on a recurring basis.

All fees are exclusive of applicable taxes, which you are responsible for paying. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

5. Payment Processing

Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service.

By using our payment features, you agree to be bound by Stripe's terms and authorize us to share necessary information with Stripe for payment processing purposes.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers
• Collect or store personal data about other users without their consent
• Use the Service for any fraudulent or illegal purpose

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Roxo and its licensors.

You retain ownership of any content you submit, post, or display on or through the Service. By submitting content, you grant us a license to use, modify, and display such content in connection with providing the Service.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

You are responsible for maintaining the confidentiality of your clients' data and ensuring your use of the Service complies with applicable privacy laws.

9. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. You may export your data prior to termination. After termination, we may delete your data in accordance with our data retention policies.

10. Limitation of Liability

To the maximum extent permitted by law, Roxo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Disclaimer of Warranties

The Service is 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, and non-infringement.

12. Indemnification

You agree to indemnify, defend, and hold harmless Roxo, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) any content you upload, post, or transmit through the Service; (e) your clients' use of services you provide through the platform; or (f) any claims brought by your clients or end users.

Right to Assume Defense: Roxo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of these claims.

No Settlement Without Consent: You agree not to settle any claim or matter without our prior written consent.

13. Release of Claims Between You and Your Clients

YOU HEREBY RELEASE ROXO FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTION BETWEEN YOU AND ANY CLIENT, CUSTOMER, OR THIRD PARTY WHO USES YOUR SERVICES.

Roxo is not a party to any transaction, agreement, or relationship between you and your clients. We are not responsible for the quality, safety, legality, or any other aspect of the services you provide to your clients.

You acknowledge that Roxo has no control over and does not guarantee: (a) the existence, quality, safety, or legality of services offered by professionals using our platform; (b) the truth or accuracy of professional listings or client reviews; (c) the ability of professionals to provide services or clients to pay for them; or (d) that a professional or client will complete a transaction.

14. Dispute Resolution, Arbitration, and Waivers

Informal Resolution Period: Before initiating any formal dispute proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through informal negotiation, and we encourage you to contact us before pursuing formal legal action.

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Florida, and the arbitrator's decision shall be final and binding.

Class Action Waiver: YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ROXO. You may only bring claims against Roxo in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Jury Trial Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ROXO EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms.

15. Website Hosting and Content Liability

You are solely responsible for all content displayed on websites created, hosted, or managed using our Service. This includes but is not limited to text, images, videos, testimonials, pricing information, and any other materials.

Roxo is not liable for any claims arising from your website content, including but not limited to copyright infringement, trademark violations, defamation, false advertising, or illegal content. You represent and warrant that you have all necessary rights to display any content on your website.

We reserve the right to remove or disable access to any content that violates these Terms or applicable law without prior notice.

16. Digital Waivers and Documents

Digital waivers, contracts, and other documents created through our Service are provided as a convenience only. ROXO MAKES NO GUARANTEES REGARDING THE LEGAL ENFORCEABILITY OF SUCH DOCUMENTS.

The validity and enforceability of waivers and other legal documents vary by jurisdiction and circumstance. You are solely responsible for ensuring that your documents comply with applicable laws and are legally enforceable in your jurisdiction.

We strongly recommend that you consult with a licensed attorney regarding the validity and enforceability of any waivers or legal documents you create through the Service.

17. Data Backup and Loss

You are solely responsible for maintaining independent backups of your data. While we implement reasonable measures to protect your data, WE DO NOT GUARANTEE THAT YOUR DATA WILL NOT BE LOST, CORRUPTED, OR INACCESSIBLE.

Roxo is not liable for any data loss, corruption, unauthorized access, or inability to access your data for any reason, including but not limited to system failures, security breaches, human error, or termination of your account.

18. Service Availability

We strive to maintain high availability of our Service, but WE DO NOT GUARANTEE 100% UPTIME. The Service may be unavailable due to scheduled maintenance, unscheduled maintenance, system failures, or circumstances beyond our control.

Roxo is not liable for any damages, losses, or expenses arising from service interruptions, downtime, or inability to access the Service.

19. Payment Processing and Disputes

You are solely responsible for all payment disputes, chargebacks, refunds, and fraud claims related to transactions processed through your account. You agree to cooperate with any investigation of suspected fraudulent or illegal activity.

Roxo may debit your account or withhold funds to cover chargebacks, refunds, or fees resulting from payment disputes. You are responsible for any negative balance in your account.

20. Your Clients and End Users

You are solely responsible for your relationship with your clients and end users, including compliance with all applicable laws regarding data collection, privacy, and consumer protection.

You agree to maintain your own privacy policy and terms of service for your clients. Roxo is not a party to any agreement between you and your clients and is not liable for any claims arising from your services or client relationships.

21. Technology Disclaimer

ROXO IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT RESULTING FROM YOUR USE OF THE SERVICE. This includes but is not limited to damage caused by viruses, malware, or other harmful components that may be transmitted through the Service or third-party integrations.

You are responsible for maintaining adequate security measures on your devices and systems, including up-to-date antivirus software and secure passwords.

22. Force Majeure

Roxo shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, epidemics, pandemics, government actions, power failures, internet outages, cyberattacks, or third-party service failures.

23. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

24. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Florida.

25. Contact Us

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

Email: [email protected]
Address: Roxohub Inc., United States