Terms of Service

1. Acceptance of Terms

Welcome to Axilio Corporation. These Terms of Service ("Terms") govern your access to and use of the Axilio platform, including our website, APIs, mobile automation services, and any related services (collectively, the "Platform"). By accessing or using our Platform, you agree to be bound by these Terms.

IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND AXILIO AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If you do not agree to these Terms, you may not access or use the Platform. We reserve the right to modify these Terms at any time. Your continued use of the Platform following any changes constitutes acceptance of those changes.

2. Description of Services

Axilio provides a mobile automation infrastructure platform that enables users to automate interactions with mobile applications on real phones. Our services include:

• Access to real mobile phones for automation purposes
• Carrier-grade IP addresses for authentic mobile connectivity
• APIs and SDKs for programmatic phone control
• Workflow creation and management tools
• Session recording and monitoring capabilities

3. Account Registration and Security

To access certain features of the Platform, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or use of your account

You may register using third-party authentication services (such as Google or GitHub). By doing so, you authorize us to access and use certain information from those services in accordance with our Privacy Policy.

4. Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable federal, state, local, or international law or regulation
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or privacy rights of any person
• Use the Platform for any fraudulent, deceptive, or illegal activities
• Distribute malware, viruses, or any harmful code
• Engage in any activity that could damage, disable, overburden, or impair the Platform
• Use the Platform to send spam, phishing attempts, or unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation
• Exploit, harm, or attempt to exploit or harm minors in any way
• Use the Platform for credential stuffing, brute force attacks, or unauthorized access attempts
• Resell, sublicense, or provide access to the Platform without authorization

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including removing content, suspending or terminating accounts, and reporting to law enforcement.

5. Session Recording and Data

The Platform may allow you to record and store automation sessions. If you use recording features, you agree to:

• Comply with all applicable laws regarding recording and data collection
• Implement appropriate security measures to protect recorded data
• Not record or store sensitive personal information without proper authorization
• Obtain any required consents before recording sessions involving third parties

6. Payment and Billing

Certain features of the Platform require payment. By subscribing to paid services, you agree to:

• Pay all fees associated with your selected plan
• Provide accurate and complete billing information
• Authorize us to charge your payment method for recurring fees

Subscriptions automatically renew until cancelled. You may cancel your subscription at any time, but paid services cannot be terminated before the end of the period for which you have already paid. Refunds are provided only as required by applicable law or at our sole discretion.

Credits purchased or included in your plan do not roll over to subsequent billing periods unless otherwise specified. We reserve the right to modify pricing with reasonable notice.

7. Intellectual Property

The Platform and its contents, features, and functionality are owned by Axilio Corporation and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Reproduce, distribute, or create derivative works of our Platform
• Reverse engineer, decompile, or disassemble any part of the Platform
• Remove or alter any proprietary notices or labels
• Use our trademarks without prior written consent

You retain ownership of any content you create using the Platform. By using our services, you grant us a limited license to host, store, and process your content as necessary to provide the Platform.

8. Third-Party Services and Applications

The Platform can be used to access and interact with third-party mobile applications and services. You acknowledge that:

• We have no control over the contents of third-party applications or services, do not endorse them, and accept no responsibility for them
• Third-party applications may change or restrict access at any time
• If you access any third-party application or service through the Platform, you do so entirely at your own risk and subject to the terms and conditions of that third party
• We are not liable for any loss or damage arising from your use of third-party applications or services

9. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not guarantee any specific results from use of the Platform.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXILIO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Axilio Corporation and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you create or transmit through the Platform

12. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.

Class Action Waiver: YOU AND AXILIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

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

Any claim must be commenced within one (1) year after the cause of action arises, or it will be permanently barred.

13. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause or notice, including if we believe you have violated these Terms. Upon termination:

• Your right to use the Platform will immediately cease
• You remain liable for all charges incurred prior to termination
• Provisions that by their nature should survive will survive termination

You may terminate your account at any time by contacting us or through your account settings.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

16. Contact Information

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

Email: [email protected]