Terms of Service
Acceptance
By accessing or using Kix6 websites, products, or services (the "Services"), you agree to these Terms of Service (the "Terms") and our Privacy Policy. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity.
Eligibility
You must be at least 16 years old and capable of forming a binding contract. You may not use the Services if you are barred under applicable law or listed on any sanctions or restricted party list.
Accounts & Security
- You are responsible for safeguarding your credentials and for all activities under your account.
- Provide accurate information and keep it updated.
- Notify us immediately of unauthorized use or security incidents.
Free Trial
We may offer a free tier or trial. Trials are for evaluation and may be limited in duration, features, or usage. We may modify or discontinue trials at any time.
Subscriptions & Billing
- Paid plans are billed in advance on a subscription basis (monthly or annually) and renew automatically unless canceled.
- By subscribing, you authorize us and our payment processor to charge your payment method for fees, taxes, and any overages.
- Fees are non‑refundable except as required by law. You may cancel at any time; access continues until the end of the billing period.
- Changes to pricing will be communicated in advance and will take effect on renewal unless stated otherwise.
Acceptable Use
- Do not misuse the Services or attempt to disrupt, overload, or circumvent security.
- Do not reverse engineer or resell the Services without written permission.
- Do not upload unlawful content or violate others’ rights.
Email Deliverability Acceptable Use
- Seed lists and test addresses provided by Kix6 may be used only for testing deliverability. Do not add them to production mailing lists.
- No sending of spam, unsolicited bulk email, or content that violates provider terms or anti‑spam laws (e.g., CAN‑SPAM, CASL, GDPR e‑privacy rules).
- Do not manipulate deliverability results via fake engagement or other artificial means.
Customer Content & Data
"Customer Content" means data you submit to the Services, including domains, DNS records, test inputs/results, and support materials.
- You retain ownership of Customer Content. You grant us a worldwide, non‑exclusive license to host, process, and display it solely to provide the Services.
- You are responsible for obtaining necessary rights and for the legality of Customer Content.
- We handle personal data per our Privacy Policy and, where applicable, a Data Processing Addendum (DPA).
Intellectual Property
We and our licensors own all right, title, and interest in and to the Services, including software, documentation, logos, and trademarks. No rights are granted except as expressly stated in these Terms.
Confidentiality
Each party may access confidential information of the other during the term. The receiving party will use reasonable care to protect such information and will not use or disclose it except as necessary to provide or receive the Services, or as permitted by the disclosing party.
Third‑Party Services
The Services may interoperate with third‑party products (e.g., ESPs, CRMs). Your use of third‑party services is governed by their terms, not ours. We are not responsible for third‑party services.
Beta Features
We may offer beta or pre‑release features. They are provided "as is", may be changed or discontinued, and are excluded from any SLA unless stated otherwise.
Changes to Service/Terms
We may modify the Services or these Terms. For material changes, we will provide notice (e.g., email or in‑app). Continued use after changes takes effect constitutes acceptance.
Termination
- You may stop using the Services at any time. You can cancel subscriptions in the account settings.
- We may suspend or terminate access for breach or risk to the Services, with or without notice as legally permitted.
- Upon termination, your right to use the Services ends. Some sections survive (e.g., IP, confidentiality, disclaimers, liability limits, indemnity, governing law).
Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT RESULTS WILL BE ACCURATE OR UNINTERRUPTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, KIX6 AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO KIX6 FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
Some jurisdictions do not allow certain limitations; in those cases, the limitations apply to the maximum extent permitted.
Indemnification
You will defend, indemnify, and hold harmless Kix6, its affiliates, and personnel from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your Customer Content, or your breach of these Terms or applicable law.
Governing Law
These Terms are governed by the laws of your contracting entity’s jurisdiction, without regard to conflict‑of‑laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
Dispute Resolution
Before filing a claim, the parties will attempt to resolve disputes informally for 30 days. If not resolved, disputes will be brought in the courts located in the governing venue, unless arbitration is required by local law. Each party consents to personal jurisdiction in those courts.
Export & Sanctions
You represent that you are not located in, under the control of, or a national/resident of any embargoed country or prohibited party list, and you agree to comply with export control and sanctions laws.
DMCA
If you believe content on the Services infringes your copyright, please email legal@kix6.com with a DMCA‑compliant notice.
Contact
Kix6 Ltd
123 Example Street, City, Country
Email: legal@kix6.com
For privacy matters, see our Privacy Policy or email privacy@kix6.com.