Terms & Conditions

1. Agreement to These Terms

By creating an account, accessing or using the Service, or by signing an order form that references these Terms, you agree to be bound by them. If you do not agree, do not use the Service.

If you accept these Terms on behalf of an organization, you represent that you have the authority to bind that organization, and “you” means that organization. These Terms also govern every person you allow into your workspace, including your employees, contractors and the client portal users you invite (each an “Authorized User”). Where you and Xamtac have signed a separate written agreement covering the Service, that agreement controls to the extent it conflicts with these Terms.

2. The Service

The Service is an agency operations platform: one workspace in which you run client work end to end. It includes client reporting across marketing channels, a multi-pipeline CRM, project and task management, internal and client-facing chat, meetings with video calls and transcripts, file storage, notes, timesheets and approvals, white-labeled client portals, a marketing library (keywords, copy, blog drafts, creative assets, landing pages, forms, emails and booking scripts), campaign planning, publishing of landing pages, forms and booking pages, and AI-assisted features.

We improve the Service continuously, so features may be added, changed or removed. We will not materially reduce the core functionality of a paid plan during a period you have already paid for without giving you notice. Individual features may also depend on your plan, on the permissions your workspace administrator grants you, and on third-party accounts you choose to connect.

3. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate registration and billing information and to keep it current.

You are responsible for keeping your credentials confidential and for all activity that happens under your account and in your workspace, whether or not you authorized it. Logins are personal: a seat identifies one person and may not be shared between people. Workspace administrators control roles, permissions and client access inside the workspace, and are responsible for the access they grant and for removing it promptly when someone leaves. Tell us at contact@xamtac.com as soon as you suspect unauthorized access. We may refuse, suspend or close an account where we reasonably believe it is being used in breach of these Terms.

4. Subscriptions, Fees and Billing

The Service is sold as a subscription. Fees depend on the plan you choose and, where the plan is priced per seat, on the number of seats in your workspace. Current pricing is shown at sign-up and in your workspace billing settings.

Billing and renewal. Subscriptions are billed in advance through our billing and payment providers, and you authorize us and those providers to charge your payment method for all fees due. Your subscription renews automatically at the end of each billing period (monthly or annual, as selected) until it is cancelled. You may cancel at any time from your workspace billing settings; cancellation stops the next renewal and does not interrupt the period you have already paid for.

Seats and plan changes. Adding seats or upgrading during a billing period is charged as described at the point of purchase. Removing seats or downgrading takes effect at the next renewal, and the seats or plan you paid for remain available to you until then.

Price changes. We may change our prices. We will give you at least 30 days notice by email or through an in-app notice, and the new price applies from your next renewal. If you do not accept a price change, cancel before that renewal.

Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, value-added, withholding and similar taxes on your purchase, other than taxes based on our net income.

Late or failed payment. If a charge fails we may retry it. If your account remains past due we may suspend access to the Service and, after notice, terminate it. Suspension for non-payment does not relieve you of fees already incurred, and you remain responsible for keeping a valid payment method and an accurate billing contact on file.

5. No Refunds

All fees and charges are non-refundable. Except where a refund is required by applicable law, we do not provide refunds or credits for:

• partial subscription periods, including any period remaining after you cancel;
• seats you purchased but did not assign or use;
• features, integrations or AI usage included in your plan that you did not use;
• downgrades from a higher plan or a reduction in seats mid-period;
• periods during which you chose not to use the Service; or
• accounts suspended or terminated for breach of these Terms.

Cancelling stops your next renewal. It does not refund the current period: your access continues until the end of the period you have already paid for, and then ends. If applicable law entitles you to a refund that these Terms exclude, we will provide the minimum refund that law requires and the rest of this section still applies.

6. Customer Content

“Customer Content” means everything you and your Authorized Users upload, create, submit, import, connect or generate through the Service, including client records, CRM leads, files, messages, notes, briefs, form and booking submissions, published pages, campaign and email content, and reporting data pulled from accounts you connect.

You own your content. As between you and Xamtac, you and your clients retain all rights in Customer Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Customer Content solely to provide, secure, troubleshoot and support the Service for you, and as otherwise permitted in these Terms. That license ends when the content is deleted or the account is terminated, except for copies retained in routine backups or as required by law.

Your responsibility for it. You represent and warrant that you have all rights, permissions, lawful bases and consents necessary for the Customer Content you put into the Service and for our processing of it as described here. That includes contact lists you import, imagery and creative assets you upload, recordings and transcripts you create, and data from third-party accounts you connect. You are responsible for the accuracy of Customer Content and for keeping your own copies of anything you cannot afford to lose; the Service provides export tools for that purpose.

Feedback. If you send us ideas, suggestions or feature requests, we may use them to improve the Service without restriction, attribution or obligation to you.

7. Client Portals and Authorized Users

The Service is built for an agency to run its own clients. You invite two kinds of Authorized Users: team members, who work inside your agency workspace, and client portal users, who see only the client-scoped surfaces you share with them.

Every Authorized User must comply with these Terms. You are responsible for their acts and omissions as if they were your own, for the permissions and client access you grant, for what you choose to share into a portal, and for removing access when a person or an engagement ends. Your relationship with your own clients is yours alone: you are responsible for your agreements with them, for the accuracy of what you present to them through the Service, and for their use of the portals you provide. We may act on instructions given by any person who appears, from your workspace configuration, to be authorized to give them.

8. Third-Party Platforms and Integrations

You may connect third-party accounts to the Service, including Google, Meta, Microsoft, LinkedIn, Klaviyo and similar advertising, analytics and marketing platforms. When you connect an account you authorize us to access it on your behalf, using the permissions you grant, in order to provide reporting and the features that depend on it.

Your use of those platforms is governed by their own terms and policies, including the Google Ads API Terms of Service and the Meta Platform Terms, and you are responsible for complying with them and for holding the rights to the accounts you connect. We do not control third-party services and are not responsible for their availability, accuracy, pricing or decisions. A platform may change, rate-limit, deprecate or revoke access to its API at any time, and features that depend on it may change or stop working as a result. You can disconnect an account at any time; disconnecting stops future syncing, and data already synced stays in your workspace until you delete it or your account is terminated.

9. AI Features

Some features use third-party artificial intelligence providers, currently including OpenAI and, as these features expand, Anthropic, to generate drafts, suggestions, summaries, transcripts and other material (“Output”). Where a feature is AI-assisted, the interface says so.

Output is generated automatically. It may be inaccurate, incomplete, outdated or unsuitable for your purpose, and similar output may be generated for other customers. You must review Output before you rely on it, send it to a client or publish it, and you are responsible for how you use it. Output is not professional, legal, financial, medical or tax advice, and nothing in it is a prediction or guarantee of marketing performance. Do not submit content to AI-assisted features that you do not have the right to submit, and avoid including sensitive personal information that the feature does not need. We may apply reasonable usage limits to AI features and may change or discontinue them.

10. Communications Features

The Service can send email from domains you verify, place and receive voice calls through telephony providers, host video meetings, and record and transcribe meetings and calls.

You are responsible for compliance. You must comply with all laws that govern the communications you send through the Service, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state telemarketing and do-not-call rules, and the laws that govern recording calls and meetings. Some jurisdictions, including Illinois, require the consent of every party before a conversation is recorded.

• Obtain any consent the law requires before enabling recording or transcription, and give participants clear notice.
• Send marketing messages and place marketing calls only to recipients who have given the consent the law requires.
• Use accurate sender and caller identification, include a working unsubscribe mechanism in commercial email, and honor opt-out and do-not-call requests promptly.
• Keep your own records of the consents you rely on.

Unsubscribe requests captured by the Service are recorded and honored per client, so a contact who opts out of one client’s email is suppressed for that client. We may throttle, suspend or disable sending or calling that produces excessive bounces or complaints, or that creates legal or deliverability risk for the Service or other customers.

11. Publishing and Custom Domains

Landing pages, forms and booking pages you publish through the Service, and the content on them, are Customer Content. Published pages are publicly accessible by design, and the submissions they collect are collected by you and on your behalf.

If you connect a custom domain, you represent that you control it and that your use of it does not infringe anyone’s rights. You are responsible for making sure a published page complies with the law that applies to it, including any privacy notice, disclosure or consent mechanism the page requires. We may remove or disable a published page that is unlawful, infringing or a risk to the Service, and we will make reasonable efforts to tell you when we do.

12. Acceptable Use

You agree not to, and not to permit any Authorized User to:

• use the Service in violation of any law, or in a way that infringes or misappropriates anyone’s intellectual property, privacy or publicity rights;
• send spam or unsolicited commercial messages or calls, or use the Service for deceptive, fraudulent or misleading practices;
• upload or transmit malware or other harmful code, or probe, scan or test the vulnerability of the Service, or breach or circumvent any authentication, tenancy or security measure;
• interfere with or disrupt the Service or the workspaces of other customers, or place an unreasonable or disproportionate load on our infrastructure;
• scrape, crawl or bulk-extract data from the Service beyond the exports and documented APIs we provide for that purpose;
• reverse engineer, decompile or disassemble the Service, or attempt to derive its source code or underlying models, except to the extent that restriction is unenforceable under applicable law;
• resell, sublicense, rent, lease or time-share the Service outside the agency-to-client model it is built for (running your own clients’ work in your workspace and giving them portal access is exactly what it is for);
• misrepresent your identity or affiliation, or access an account, workspace or client record you are not authorized to access; or
• use the Service, or material generated through it, to build, train or benchmark a competing product or service.

We may investigate suspected violations, and we may suspend or limit access where we reasonably believe it is necessary to protect the Service, our other customers or a third party.

13. Intellectual Property

Xamtac and its licensors own the Service and everything in it other than Customer Content, including the software, interfaces, designs, documentation, and the AI Marketing Dashboard and Xamtac names, logos and marks. Subject to these Terms and to payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription, for your own internal business purposes and for serving your clients.

No rights are granted other than those expressly stated here, and all rights not granted are reserved. We may use aggregated and de-identified information about how the Service is used to operate, secure, analyze and improve it, provided that information does not identify you, your Authorized Users or your clients and is never sold.

14. Copyright Complaints

If you believe material on the Service infringes your copyright, send a written notice to contact@xamtac.com that includes:

• identification of the copyrighted work you claim has been infringed;
• identification of the material you claim is infringing, with enough detail for us to locate it;
• your name, address, telephone number and email address;
• a statement that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent or the law;
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and
• your physical or electronic signature.

We may remove or disable access to material that is the subject of a valid notice, and we will terminate the accounts of repeat infringers in appropriate circumstances.

15. Confidentiality

Each party may receive non-public information of the other that is identified as confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Customer Content is your Confidential Information. The receiving party will use Confidential Information only as needed to perform under these Terms, will protect it with at least reasonable care, and will disclose it only to personnel and professional advisors who need it and who are bound by confidentiality obligations at least as protective as these.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it without a duty of confidence, is independently developed without use of the other party’s Confidential Information, or is lawfully received from a third party without restriction. A party may disclose Confidential Information where required by law or legal process, giving reasonable prior notice to the other party where it is legally permitted to do so.

16. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms.

For Customer Content that contains personal information about your clients, their customers, your team and your portal users, you are the party that decides what is collected and why, and we handle it on your behalf and on your instructions in order to provide the Service. You are responsible for giving the privacy notices and obtaining the consents your own collection requires, and for responding to the privacy requests of the people whose information you put into the Service. We will provide reasonable assistance with those requests.

17. Beta and Early-Access Features

Features labeled beta, preview or early access are provided for evaluation. They may be incomplete or unstable, may change materially, and may be withdrawn at any time. They are provided as is, are excluded from any commitment or warranty in these Terms, and should not be relied on for production work.

18. Term, Suspension and Termination

These Terms apply from the moment you create an account and continue until your subscription and account are terminated. You may cancel at any time from your workspace billing settings; cancellation takes effect at the end of the current paid period and is subject to Section 5 (No Refunds).

We may suspend or terminate your access, in whole or in part, if you materially breach these Terms and do not cure the breach within 10 days of notice where it is curable, if you use the Service unlawfully, if your account is past due, or if your use presents a security, legal or operational risk to the Service, our other customers or a third party. Where the risk requires it, we may suspend immediately and notify you promptly afterwards.

What happens to your data. On termination your right to access the Service ends and we may deactivate your workspace. For 30 days after termination we will, on your written request to contact@xamtac.com, make Customer Content available to you for export. After that period we may delete Customer Content, subject to copies retained in routine backups and to any records we are required to keep by law.

Sections 5, 6, 13, 15 and 19 through 24, together with any other provision that by its nature should survive, survive termination of these Terms.

19. Disclaimers

THE SERVICE, INCLUDING ALL CONTENT, REPORTS, AI OUTPUT AND THIRD-PARTY DATA MADE AVAILABLE THROUGH IT, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XAMTAC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA, REPORT, TRANSCRIPT OR AI OUTPUT WILL BE ACCURATE, COMPLETE OR CURRENT. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY PLATFORMS, THEIR AVAILABILITY, OR THE DATA THEY RETURN. WE DO NOT GUARANTEE ANY MARKETING, ADVERTISING, TRAFFIC, LEAD OR REVENUE RESULT.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, OR LOST OR CORRUPTED DATA, EVEN IF THE PARTY WAS ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XAMTAC’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID XAMTAC FOR THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limits apply to all claims, whether based in contract, tort (including negligence), warranty, statute or any other theory. They do not apply to your obligation to pay fees, to your indemnification obligations, or to any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

21. Indemnification

You will defend, indemnify and hold harmless Xamtac Consulting LLC and its officers, members, employees and agents from and against any third-party claim, demand, investigation or proceeding, and any resulting loss, liability, damage, fine, penalty, cost and expense (including reasonable attorneys’ fees), arising out of or relating to:

• Customer Content, including any claim that it infringes or misappropriates a third party’s rights or violates privacy or publicity rights;
• your use or your Authorized Users’ use of the Service;
• your violation of these Terms or of any law, including marketing, communications, recording, consumer protection and data protection laws;
• your relationship or agreements with your own clients, and their use of the Service or of the portals and published pages you provide to them; and
• any third-party account you connect to the Service.

We will notify you of the claim, give you control of its defense (while reserving the right to participate with our own counsel at our expense), and cooperate reasonably at your expense. You may not settle a claim in a way that imposes an obligation, payment or admission on us without our prior written consent.

22. Governing Law and Disputes

These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of Illinois, without regard to its conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

The state and federal courts located in Cook County, Illinois have exclusive jurisdiction and venue over any such dispute. Each party consents to personal jurisdiction in those courts and waives any objection based on inconvenient forum. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY. EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.

Any claim arising out of or relating to these Terms must be brought within one year after it arises, except where applicable law requires a longer period.

23. Changes to the Service or These Terms

We may update these Terms from time to time. When a change is material we will give reasonable advance notice by email to the administrative or billing contact on your account, or through an in-app notice, before it takes effect. The “Last updated” date at the top of this page shows when the current version was published.

Continued use of the Service on or after the effective date of an updated version means you accept it. If you do not accept an update, stop using the Service and cancel your subscription before the effective date; Section 5 (No Refunds) still applies. We may also change the Service itself as described in Section 2.

24. General

Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement signed by both parties, are the entire agreement between us about the Service and replace any prior discussions or proposals about it.

Severability and waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions stay in force. A failure to enforce a provision is not a waiver of it, and a waiver is effective only if it is in writing.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, corporate reorganization or a sale of all or substantially all of our assets. Any other attempted assignment is void. These Terms bind and benefit the parties and their permitted successors.

Independent parties. The parties are independent contractors. These Terms create no partnership, joint venture, employment or agency relationship.

Force majeure. Neither party is liable for a delay or failure to perform (other than an obligation to pay) caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government action, epidemics, internet or utility failures, and outages of third-party platforms or infrastructure providers.

Export and sanctions. You represent that you are not located in an embargoed country or region and are not on any restricted-party or sanctions list, and you agree not to use the Service in violation of export control or sanctions laws.

Notices. Notices to us go to contact@xamtac.com and to the address in Section 25. Notices to you go to the email addresses on your account or through an in-app notice, and are effective when sent. Keep your contact details current.

No third-party beneficiaries. These Terms are for the benefit of the parties only. Headings are for convenience and do not affect interpretation.

25. Contact

Questions about these Terms can go to:

For how the Service handles personal information, read the Privacy Policy.