TIXAE CORE LIMITED: Terms and Conditions of Use

1. Introduction

Please read these Terms of Use ("Terms") carefully, as they govern your use of TIXAE CORE LIMITED's software services for time management, platform management, and data analysis, including access to websites, applications, and features provided by TIXAE CORE LIMITED and its subsidiaries (collectively referred to as the "TIXAE Service"). These Terms also clarify the nature of the services, particularly data processing, and address the evolving nature of AI technology.

Service Provider: These Terms are between you and the specific subsidiary of TIXAE CORE LIMITED providing the services to you, depending on your region or the specific service accessed. TIXAE CORE LIMITED, incorporated in New Zealand, oversees global operations, but each subsidiary operates independently and is responsible for the services it offers.

Subsidiary Liability: All legal claims, disputes, or actions arising from your use of the TIXAE Service must be directed against the specific subsidiary providing the service. TIXAE CORE LIMITED (the parent company) shall not be liable for claims related to services provided by its subsidiaries.

By using or accessing the TIXAE Service, you agree to these Terms. If you do not agree to these Terms, you must not use the TIXAE Service.

Jurisdiction: These Terms are governed primarily by the laws of New Zealand, unless superseded by local mandatory laws. TIXAE CORE LIMITED reserves the right to assign another jurisdiction for legal matters at its discretion, but disputes or claims must always be addressed to the local subsidiary providing the service.

2. The TIXAE Service Provided by Us

• Data Processing: We provide tools for processing data that you or your clients provide. These tools help manage voice and chat time, platform analytics, and data analysis.
• No Data Storage: TIXAE does not provide long-term data storage, classification, or retention. Our services focus on real-time and short-term data processing. You are responsible for maintaining your data storage and backups.
• AI Disclaimer: The TIXAE Service includes AI-based features. You acknowledge that AI technology is rapidly evolving, and as such, is subject to ongoing updates and changes. We do not guarantee continuous uptime or specific AI-related outcomes, as the technology is subject to constant improvement.
• Partner-Specific Terms: When using TIXAE's services through regional or industry-specific partners, you agree that their Terms and Conditions may also apply in addition to these. In such cases, both TIXAE's Terms and the partner's terms govern your use of the service.

3. Your Use of the TIXAE Service

• Account Creation: You may need to create an account to use certain parts of the TIXAE Service. Your account information must be accurate and kept up to date. You are responsible for all activities under your account.
• Permitted Use: Subject to these Terms, you are granted a non-exclusive, revocable license to use the TIXAE Service for the purposes agreed upon with TIXAE or its subsidiaries. You may not transfer or resell access to the TIXAE Service without explicit permission.
• Proprietary Rights: All intellectual property rights, including trademarks, logos, and software provided by TIXAE CORE LIMITED and its subsidiaries, remain the property of TIXAE CORE LIMITED or its licensors. No rights are transferred to you except the limited license for service access.

4. Third-Party Applications and Devices

The TIXAE Service may interact with third-party applications, services, or devices. TIXAE CORE LIMITED and its subsidiaries are not responsible for any compatibility issues, data loss, or service failures related to third-party applications or devices.

5. Service Limitations and Modifications

We strive to maintain the availability and reliability of the TIXAE Service. However, from time to time, updates, maintenance, or external factors may cause temporary interruptions. TIXAE CORE LIMITED and its subsidiaries reserve the right to modify, suspend, or discontinue any part of the service without notice and shall not be liable for any service interruptions beyond their control.

6. Payment and Subscription Terms

• Subscription Options: We offer various TIXAE Service plans, including free and paid subscriptions ("Paid Subscriptions"). Access to certain features may require a Paid Subscription.
• Billing: For Paid Subscriptions, you agree to pay the subscription fees in advance. You will be notified of any price changes in advance, and continued use after the price change indicates acceptance of the new rates.
• Trials and Promotions: From time to time, TIXAE or its subsidiaries may offer promotional trials. Specific terms may apply to these offers, and once the trial ends, you will be charged unless you cancel.
• Taxes: You are responsible for any applicable taxes related to your use of the service, and tax rates are calculated based on the information you provide.
• Renewal and Cancellation: Paid Subscriptions will renew automatically unless canceled before the end of the current subscription period. Refunds for partial subscription periods are not provided unless otherwise stated.

7. Content and Intellectual Property Rights

• User Content: Any content you upload, create, or share via the TIXAE Service (such as data for processing, feedback, or comments) remains your property. However, by using the service, you grant TIXAE CORE LIMITED and its subsidiaries a worldwide, non-exclusive, royalty-free license to use, modify, and distribute that content for service provision.
• Feedback: Any feedback or suggestions you provide may be used by TIXAE CORE LIMITED or its subsidiaries without obligation, and such feedback will be treated as User Content.
• Data Processing Output: Any output generated by TIXAE's AI tools is governed by these Terms. The underlying algorithms and tools used to generate the output remain the intellectual property of TIXAE CORE LIMITED or its subsidiaries.

8. Customer Support, Information, Questions, and Complaints

For questions, support requests, or complaints, please contact the customer service team at the TIXAE subsidiary providing the service. TIXAE CORE LIMITED is not responsible for resolving issues directly unless explicitly agreed upon.

9. Limitation of Liability

• Subsidiary Responsibility: TIXAE CORE LIMITED is the parent company of various subsidiaries, which operate independently in different regions. Any claims, disputes, or legal actions must be directed to the specific subsidiary providing the service. TIXAE CORE LIMITED (the parent company) will not be held liable for any claims related to services provided by its subsidiaries.
• Liability Cap: The liability of the subsidiary providing the services is limited to the amount you paid for the service in the 12 months preceding the claim.
• Exclusions: TIXAE CORE LIMITED and its subsidiaries are not responsible for any indirect, special, incidental, or consequential damages, including but not limited to loss of data, business, or profits.

10. Governing Law and Jurisdiction

Jurisdiction: These Terms are governed primarily by the laws of New Zealand, unless otherwise specified by the TIXAE subsidiary in your region, in which case the local laws apply. TIXAE CORE LIMITED reserves the right to assign another jurisdiction for legal matters at its discretion, but legal actions must always be directed to the relevant subsidiary.

Partner-Specific Terms: When using the service through regional or industry-specific partners, you are also subject to their Terms and Conditions, which may introduce additional legal requirements or jurisdictional constraints.

11. Dispute Resolution and Class Action Waiver

• Class Action Waiver: You agree to bring any claims against TIXAE subsidiaries as an individual claimant, not as part of a class action or collective lawsuit.
• Arbitration: Disputes that cannot be resolved through negotiation will be referred to arbitration, with the process governed by the laws of the subsidiary's jurisdiction or another jurisdiction specified by TIXAE CORE LIMITED. Arbitration will be conducted in English, and the decisions will be binding.

12. Changes to These Terms

TIXAE CORE LIMITED and its subsidiaries may update these Terms periodically to reflect changes in the services or legal requirements. You will be notified of significant changes via email or through in-service notifications. Continued use of the TIXAE Service following any updates signifies acceptance of the revised Terms.

13. Entire Agreement and Severability

These Terms constitute the entire agreement between you and TIXAE CORE LIMITED (and its subsidiaries) regarding your use of the TIXAE Service. If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.

14. Assignment

TIXAE CORE LIMITED and its subsidiaries reserve the right to assign or transfer these Terms in part or in full. You may not assign or transfer your rights under these Terms without prior written consent.