Terms of Use and Service Agreement

This Addendum is incorporated into and governed by the Gaviso Terms of Use and Service Agreement.

Last Updated: May 7, 2025

This Addendum governs the use of Gaviso CXA (“CXA Platform”), a proprietary software-as-a-service (SaaS) solution offered by Gaviso Digital Marketing, LLC (“Gaviso”), which enables users to manage marketing automation, CRM functions, lead generation, appointment scheduling, and customer communication workflows. This Addendum is hereby incorporated into the Master Terms of Use and Service Agreement and shall apply to all users of the CXA Platform.

 

1. Scope of Services

1.1 Features and Modules. The CXA Platform includes access to tools for customer relationship management (CRM), email marketing, two-way SMS and email communication, automation workflows, lead pipelines, web chat, calendar scheduling, invoicing, funnel and website building, online forms, survey distribution, social media post scheduling, and review management.

1.2 Third-Party Services. Certain functionalities may integrate with third-party platforms (e.g., Google Business Profile, Facebook, Stripe, PayPal, WhatsApp). Use of such integrations is governed by the third-party’s terms and requires you to maintain your own active accounts with those services.

1.3 Beta Features. Access to any beta, experimental, or early-access features is provided “as-is” without warranties of any kind and may be withdrawn at any time.

 

2. Permitted Use and Access

2.1 License Grant. Subject to your compliance with this Addendum and the Master Agreement, Gaviso grants you a non-exclusive, non-transferable, limited right to access and use the CXA Platform for your internal business purposes during the term of your subscription.

2.2 Prohibited Activities. You may not:

• Repackage or resell the platform without express written authorization;
• Create multiple accounts to circumvent feature limits or pricing tiers;
• Use the platform to send unlawful or unsolicited commercial messages.

2.3 Access Credentials. You are responsible for maintaining the confidentiality of all access credentials. Gaviso shall not be liable for unauthorized account access caused by your failure to safeguard credentials.

 

3. Subscription Tiers and Limitations

3.1 Plan Features. The CXA Platform may be offered in different pricing tiers (e.g., Basic, Plus, Pro), each of which includes a specific feature set, number of users, contact limits, and automation workflows. Your access is subject to the limits of your subscribed plan.

3.2 Usage Limits. Excessive or abnormal usage, including contact importation or high-volume campaign execution beyond plan scope, may result in temporary suspension or required upgrade. Gaviso reserves the right to monitor usage for abuse or policy violations.

 

4. Communications and Compliance

4.1 Marketing Laws. You are solely responsible for ensuring all communications sent through the CXA Platform comply with applicable laws, including:

• U.S. CAN-SPAM Act
• U.S. Telephone Consumer Protection Act (TCPA)
• Canada’s Anti-Spam Legislation (CASL)

4.2 Consent Management. You must obtain and document valid opt-in consent for all recipients prior to sending email or SMS campaigns through the platform. You must honor all unsubscribe and opt-out requests immediately.

4.3 Template Responsibility. You are responsible for reviewing and editing pre-built templates or AI-generated content prior to distribution. Gaviso disclaims liability for any legal or regulatory issues arising from content you send using the platform.

 

5. Data Storage and Security

5.1 Data Storage. Client data submitted to the CXA Platform is stored in secure cloud infrastructure. Gaviso employs reasonable administrative, physical, and technical safeguards to protect such data but does not guarantee uninterrupted access or absolute data security.

5.2 Data Retention. Gaviso may delete inactive contacts, old communications, or unused data after a period of 12 months of account inactivity unless otherwise required by applicable law or your service tier.

 

6. Termination and Account Suspension

6.1 Termination for Cause. Gaviso reserves the right to terminate or suspend access to the CXA Platform without notice if you violate this Addendum, engage in unlawful conduct, or jeopardize platform integrity.

6.2 Effect of Termination. Upon termination, your access to the platform and associated data will cease. Gaviso shall not be liable for any data loss occurring after account deactivation or termination, unless required by law or governed by your subscription level’s backup policy.

7. Disclaimers and Limitation of Liability

7.1 As-Is Basis. Gaviso CXA is provided “as is” and “as available,” without warranty of any kind, express or implied. Gaviso does not guarantee platform uptime, integration success, automation outcomes, or marketing campaign performance.

7.2No Guarantee of Results. The effectiveness of automation workflows, campaigns, or customer experience tools depends on client implementation, audience behavior, and third-party integrations. Gaviso disclaims any responsibility for unrealized performance expectations.

7.3 Limitation of Liability. To the maximum extent permitted by law, Gaviso’s liability under this Addendum shall be limited to the total amount paid for CXA services during the three (3) months immediately preceding the event giving rise to the claim. Gaviso is not liable for lost profits, lost data, or indirect, incidental, or consequential damages.

7.4 Indemnification. You agree to indemnify, defend, and hold harmless Gaviso from any claims or liabilities arising from your misuse of Gaviso CXA, violation of applicable marketing laws (including TCPA, CAN-SPAM, or CASL), or failure to obtain lawful consent from your contacts.