Terms and Conditions

By creating an account, accessing the platform, installing the widget, or otherwise using Cluxive, you agree to these Terms and Conditions. If you accept these terms on behalf of a company, agency, or other organization, you represent and warrant that you have authority to bind that organization.

These terms are between you and Cluxive LLC, a Texas limited liability company(“Cluxive,” “we,” “us,” or “our”), unless the applicable checkout page, invoice, order form, or other written commercial terms for the service expressly identify a different Cluxive contracting party (the “Cluxive Contracting Party”). If a separate commercial document identifies a different Cluxive Contracting Party for a specific service arrangement, that identified party will control for that arrangement.

Cluxive provides software to help businesses launch and operate an AI-powered website assistant and, when enabled, an AI Front Desk phone assistant. The service may help businesses manage onboarding, configure public-facing widget and call behavior, review conversations and call records, capture leads, route follow-up, provision or connect phone numbers, use connected calendar availability, book, cancel, or reschedule appointments, and monitor operational, usage, and analytics activity. The service may evolve over time, and features may be improved, replaced, restricted, or retired as part of ordinary product development, security, support, and abuse prevention.

Some features may depend on customer configuration, connected third-party services, approved knowledge, domain verification, browser support, phone carrier availability, SMS or messaging compliance, calendar provider availability, or service availability. A visitor or caller request to schedule, cancel, or reschedule is not completed unless the service expressly indicates that the appointment action has been confirmed or the customer separately confirms it.

• You are responsible for maintaining the security of your account credentials, email inbox, connected integrations, and authorized workspace users.
• You must provide accurate and current account, business, contact, onboarding, billing, and scheduling configuration information.
• You are responsible for actions taken through your account, including actions by employees, contractors, agencies, or other users you authorize.
• You must promptly notify Cluxive if you suspect unauthorized access, compromise, or misuse of your account, widget, or connected services.

Paid access, free trials, activation timing, renewal, cancellation, reactivation, and billing state are governed by the pricing, checkout, and billing experience presented in the product at the time of purchase. Payment processing is handled by a third-party payment provider.

Unless otherwise required by law or expressly stated by Cluxive in writing, fees are non-refundable, and you authorize Cluxive and its payment providers to charge the payment method associated with your account for the applicable subscription fees, taxes, and other amounts due.

Failure to maintain a valid payment method or pay amounts due may result in suspension, downgrade, restricted functionality, or termination.

Cluxive pricing is designed for typical small-business website traffic, ordinary assistant usage, and, when applicable, ordinary AI Front Desk call volume. Voice minutes, phone numbers, call recording, telephony, messaging, and other usage-based features may be subject to plan limits, overage caps, carrier costs, availability, or additional terms presented in the product. If a website, phone number, or workspace shows unusually high traffic, abnormal automated usage, abusive call patterns, or materially higher assistant volume than the standard plan is designed for, Cluxive may apply protective limits, temporarily restrict live assistant responses, disable phone or booking features, or require a custom plan.

You retain ownership of the business information, onboarding materials, website content, knowledge, uploads, chat inputs, phone-call content, call recordings or transcripts when enabled, scheduling rules, and other content you or your users submit to Cluxive (“Customer Data”). You grant Cluxive a non-exclusive, worldwide, limited right to host, store, reproduce, process, transmit, display, and otherwise use Customer Data solely as necessary to provide, secure, support, maintain, and improve the reliability of the service.

You represent and warrant that you have all rights, notices, consents, and other permissions required to provide Customer Data to Cluxive and to use Cluxive in connection with your website, calls, leads, visitors, callers, calendar availability, appointment workflows, follow-up communications, and business operations.

• You are responsible for the accuracy, legality, and suitability of your website content, onboarding inputs, knowledge, uploads, scheduling settings, and assistant instructions.
• You are responsible for your public-facing website notices, call notices, consent flows, privacy disclosures, and any industry-specific or regional compliance obligations that apply to your use of the service.
• You must review assistant behavior before and after publishing and use appropriate human oversight for your business.
• You are responsible for how you contact, qualify, and follow up with leads captured through the service, including any phone, SMS, email, or other outreach you choose to send or enable.
• If you enable call recording, SMS, text-back, or similar communications, you are responsible for required disclosures, consent, opt-out handling, A2P 10DLC or carrier-registration obligations, and compliance with telemarketing, messaging, privacy, and call-recording laws that apply to your business.
• You are responsible for ensuring that any calendars, availability windows, business-hours rules, blackout periods, appointment lengths, booking constraints, connected phone numbers, and routing settings connected to Cluxive are correct and remain up to date.
• You are responsible for obtaining any notices or consents required for chat-based or phone-based lead capture, appointment requests, communications with leads, cookies, recordings, and related tracking or storage on your website or phone flows.

Cluxive may present lead-capture prompts, forms, booking options, call-handling flows, AI Front Desk prompts, or follow-up routing based on your configuration and visitor or caller interactions. Cluxive may also help create lead records when a visitor or caller voluntarily provides identifying contact details in a conversation, not only when the visitor completes a dedicated lead form.

• You are solely responsible for deciding what lead information you ask for and how you use it afterward.
• If you enable booking or calendar features, you are responsible for the availability, appointment length, business-hours rules, calendar permissions, staffing assumptions, and operational follow-up behind those features.
• If you enable AI Front Desk, you are responsible for call-routing settings, caller-facing notices, optional recording settings, escalation expectations, and reviewing whether the assistant is appropriate for your business context.
• Cluxive does not guarantee that a visitor's or caller's requested time will be available, that a connected provider will remain available, that phone calls will be uninterrupted, or that notifications or calendar events will be delivered without delay.
• Unless Cluxive expressly indicates that an appointment has been confirmed, canceled, or rescheduled, a visitor or caller inquiry about time or availability should be treated as a request, not a completed appointment action.
• SMS and text-message functionality may be disabled by default, restricted, or unavailable until the relevant sender, consent, carrier, and compliance requirements are satisfied. You are responsible for complying with laws and platform rules that apply to your lead outreach, including email, calling, marketing, telemarketing, or text messaging practices.

You may not, and may not permit others to, use Cluxive to:

• violate law, regulation, third-party rights, or contractual obligations;
• mislead visitors or callers about who they are interacting with, what the assistant can do, whether a human is responding, whether a call is recorded, or whether an appointment has already been confirmed, canceled, or rescheduled;
• submit unlawful, defamatory, infringing, deceptive, abusive, extremist, hateful, exploitative, or fraudulent content;
• upload malware, attempt unauthorized access, interfere with the service, scrape the platform, or circumvent security or rate limits;
• probe, reverse engineer, copy, resell, or create competing services from the platform except to the extent such restrictions are prohibited by law;
• use the service to send spam, generate harassment, impersonate others, or abuse Cluxive infrastructure;
• use the service in a manner that could create a material risk of harm to individuals, the public, or Cluxive.

Unless Cluxive expressly agrees otherwise in writing, the service is not designed for high-risk or special category processing, including emergency services, dispatch, life-safety functions, or decisions where an inaccurate output could reasonably cause death, bodily injury, or major legal or financial harm.

Unless expressly supported in writing, you must not use Cluxive to process or store HIPAA-regulated protected health information, payment card data, Social Security numbers, government-issued ID numbers, biometric identifiers, financial account credentials, or other highly sensitive personal data that requires heightened contractual, technical, or regulatory controls.

Cluxive uses automated systems to generate drafts, summaries, booking assistance, call assistance, and assistant responses based on business information, approved knowledge, public website content, visitor or caller messages, and service configuration. AI-generated content can be incomplete, incorrect, delayed, or out of date.

• Cluxive does not guarantee that outputs are accurate, complete, lawful, or suitable for any specific use.
• Outputs are not legal, medical, accounting, financial, staffing, or other professional advice from Cluxive.
• You must review and supervise assistant behavior and must not rely on the service as the sole basis for regulated, emergency, or otherwise high-stakes decisions.

To protect visitors, customers, and the platform, Cluxive may monitor for abuse, apply rate limits, restrict content, pause widget or phone behavior, block domains, rotate keys, suspend accounts, disable booking, phone, SMS, or lead-routing features, or take other reasonable actions where necessary to address fraud, misuse, legal risk, security concerns, carrier or provider requirements, or material violations of these terms.

Support-side actions and certain administrative changes may be logged in product audit trails. Cluxive may access account information when reasonably necessary to provide support, maintain the service, investigate incidents, or comply with law.

The service may rely on third-party providers for functions such as payments, email delivery, authentication, bot protection, hosting, infrastructure, telephony, optional SMS or messaging, calendar connectivity, analytics, and AI, speech, transcription, or model operations. Cluxive is not responsible for outages, carrier filtering, provider delays, failed deliveries, integration restrictions, or omissions of third-party services except to the extent required by law.

Cluxive and its licensors retain all rights, title, and interest in and to the service, software, interface design, documentation, branding, and related intellectual property, excluding Customer Data.

If you provide suggestions, feedback, or product ideas, Cluxive may use them without restriction or compensation to the maximum extent permitted by law.

You should only provide information to Cluxive that is reasonably necessary for the service. You are responsible for deciding what business data, internal material, and customer information to upload or make available through the platform. If you need heightened contractual, regulatory, or security commitments, those require a separate written agreement.

To the fullest extent permitted by law, the service is provided on an “as is” and “as available” basis. Cluxive disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, Cluxive does not warrant that the service will be uninterrupted, error-free, secure, or compatible with every device, browser, website configuration, integration, or use case, or that it will achieve any specific revenue, conversion, lead quality, appointment outcome, call completion, staffing result, delivery result, or business outcome.

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Cluxive and its affiliates, founders, officers, directors, employees, contractors, and agents from and against third-party claims, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Customer Data; (b) your website, business, products, or services; (c) your use of the service; (d) your violation of these terms or applicable law; (e) your follow-up, outreach, marketing, calling, messaging, scheduling, or booking practices; or (f) your failure to provide required notices, obtain required consents, maintain required sender registrations, or maintain rights necessary for your use of the service.

To the fullest extent permitted by law, Cluxive will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, business, goodwill, data, business interruption, missed opportunities, or scheduling disruptions arising out of or relating to the service, even if advised of the possibility of such damages.

To the fullest extent permitted by law, the aggregate liability of Cluxive arising out of or relating to the service will not exceed the greater of: (a) the amounts paid by you to Cluxive for the service during the three months preceding the event giving rise to the claim; or (b) U.S. $100.

Unless otherwise required by applicable law or expressly stated in a written order form or other commercial terms between you and the applicable Cluxive Contracting Party, these terms and any dispute arising out of or relating to them or the service are governed by the laws of the jurisdiction in which that Cluxive Contracting Party is organized, without regard to conflict-of-law rules.

Unless applicable law requires otherwise, the state or federal courts, as applicable, located in or serving that jurisdiction will have exclusive jurisdiction over disputes arising out of or relating to these terms or the service, and each party consents to personal jurisdiction and venue in those courts.

You may stop using the service at any time. Cluxive may suspend or terminate access immediately where reasonably necessary to address non-payment, legal risk, fraud, security concerns, abuse, or material violations of these terms.

Upon termination, your right to use the service ends immediately, but sections that by their nature should survive termination will survive, including sections relating to fees owed, ownership, feedback, disclaimers, indemnification, limitations of liability, confidentiality expectations, governing law and venue, and miscellaneous provisions.

• Electronic notices and records satisfy any writing requirement to the extent permitted by law.
• If any provision of these terms is found unenforceable, the remaining provisions will remain in effect.
• Cluxive's failure to enforce a provision is not a waiver of that provision or any other rights.
• These terms, together with any applicable checkout terms, order form, or other written commercial terms, form the entire agreement between you and the applicable Cluxive Contracting Party regarding the service and supersede prior or contemporaneous understandings on that subject.
• You may not assign these terms without Cluxive's prior written consent, except where prohibited by law. Cluxive may assign these terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Cluxive is not responsible for delay or failure caused by events beyond its reasonable control, including internet outages, infrastructure failures, cyber incidents, labor disruptions, calendar-provider outages, telephony carrier issues, SMS filtering or registration delays, email-provider issues, AI-provider outages, or acts of government.

We may update these Terms and Conditions from time to time to reflect product, legal, security, or business changes. When we do, we will post the updated version here, update the effective version above, and may require renewed acceptance before continued access to some parts of the service.

For legal or terms-related questions, contact us at contact@cluxive.com.