CXSense Terms of Service

Effective Date: 15th September 2025

These Terms of Service (“Terms”) govern your use of CXSense’s services. By signing up, accessing, or using the Services, you agree to these Terms.

1. Definitions

For purposes of these Terms:

  • “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
  • “Customer” means the entity or individual accepting these Terms.
  • “Customer Data” means data submitted by or for Customer to the Services.
  • “Services” means the cloud-based AI tools, APIs, SDKs, dashboards, and related support provided by CXSense.
  • “Documentation” means online documentation, usage guides, and policies describing the Services.
  • “Beta Services” means features or services designated as beta, preview, or pre-release.

    • 2. Provision of Services

    CXSense will provide the Services in accordance with these Terms. The Services may evolve and CXSense may add, change, or discontinue features with reasonable notice.

    2.1 Service Levels

    CXSense will use commercially reasonable efforts to meet the availability and performance targets described in the applicable Service Level Agreement (“SLA”) (Annex A).

    2.2 Support

    Support is provided according to the Support Policy in the SLA. Response times depend on your plan.

    3. Customer Responsibilities

    Customer shall:

  • Maintain account security and promptly notify CXSense of unauthorized access.
  • Obtain all necessary rights and consents to submit Customer Data.
  • Comply with all applicable laws (including data privacy laws) in its use of the Services.
  • Not resell, sublicense, or misuse the Services.

    • 4. Beta Services

    CXSense may make Beta Services available for evaluation at no additional cost. Beta Services are provided “as is” without warranties, may be changed or discontinued, and are excluded from SLAs unless stated otherwise.

    5. Fees and Payment

    Customer will pay fees for the Services as stated in the order form or subscription. Fees exclude taxes; Customer is responsible for applicable taxes. Late payments may result in suspension.

    6. Intellectual Property

    6.1 CXSense IP

    CXSense and its licensors retain all rights, title, and interest in the Services and Documentation.

    6.2 Customer Data

    Customer retains all rights to Customer Data. CXSense is granted a limited license to process Customer Data solely to provide and improve the Services.

    6.3 Feedback

    If Customer provides feedback or suggestions, CXSense may use them without restriction.

    7. Security and Data Protection

    7.1 Security Measures

    CXSense will maintain industry-standard technical and organizational measures to protect Customer Data. See the Security Policy attached as Annex B.

    7.2 Data Processing Addendum (DPA)

    Where required by law, CXSense and Customer will execute the Data Processing Addendum (“DPA”) (Annex C), which forms part of these Terms.

    8. Confidentiality

    Each party will protect the other’s confidential information with at least reasonable care and not use it for any purpose outside the scope of these Terms.

    9. Suspension and Termination

  • CXSense may suspend Services for security risks, non-payment, or violation of these Terms.
  • Either party may terminate for material breach if not cured within 30 days of notice.
  • Upon termination, CXSense will delete Customer Data after a retention period of [X] days, except as required by law.

    • 10. Warranties and Disclaimers

    CXSense warrants that it will provide the Services in accordance with these Terms. Except as expressly stated, the Services are provided “as is” without warranties of any kind.

    11. Indemnification

    11.1 By CXSense

    CXSense will indemnify Customer against third-party claims alleging that the Services infringe intellectual property rights, subject to limitations in Section 12.

    11.2 By Customer

    Customer will indemnify CXSense against claims arising from Customer Data or use of the Services in violation of these Terms.

    12. Limitation of Liability

    To the maximum extent permitted by law:

  • Neither party is liable for indirect, incidental, or consequential damages.
  • Each party’s total liability is capped at the fees paid or payable in the 12 months preceding the claim, except for confidentiality or IP indemnity obligations.

    • 13. Governing Law and Venue

    If Customer is in the United States, these Terms are governed by the laws of the State of [Insert State], excluding conflicts of law. If Customer is outside the US, [Insert Jurisdiction] law applies. The parties submit to the exclusive jurisdiction of the courts in [Insert Venue].

    14. Changes to Terms

    CXSense may update these Terms from time to time. Material changes will be communicated via email or the admin console. Continued use of the Services constitutes acceptance.

    15. Entire Agreement

    These Terms, including all annexes (SLA, DPA, Security Policy), constitute the entire agreement between the parties and supersede prior agreements.

    Annex A: Service Level Agreement (SLA)

    (Placeholder for uptime targets, credits, and support response times.)

    Annex B: Security Policy

    (Placeholder for security certifications, encryption standards, breach notification timelines.)

    Annex C: Data Processing Addendum (DPA)

    (Placeholder for GDPR/CCPA compliance, roles, subprocessors, Standard Contractual Clauses.)

    Contact

    For legal or privacy questions, contact:

  • Legal: legal@cxsense.com.au
  • Privacy: privacy@cxsense.com.au