Terms of Service


Terms & Conditions


Agreement

These Terms & Conditions ("Terms") govern the use of Tixta, ("Tixta," "we," "us," "our") subscription platform and software enabled agency services, including implementation, onboarding, consulting, and managed services (collectively, the "Services"). By using the Services, the client ("Client," "you," "your") agrees to these Terms.

Provision of Services


Tixta provides access to its subscription marketing, engagement, and reputation services ("Subscription Service") and may provide associated implementation, onboarding, consulting, or managed services ("Professional Services"). Client participation is required for timely onboarding (e.g., brand approvals, DNS/authentication, integrations). Client delays do not pause the subscription term, defer invoicing, or excuse payment. Tixta is an agency, results depend on many external factors. No specific volume of leads, reviews, rankings, traffic, conversions, or revenue is guaranteed.


Third-Party Sites, Software, and Platform Rules

At Client's request or configuration, the services may connect to third-party platforms and providers (including, without limitation, Google, Meta/Instagram, TikTok, Yelp, X/Twitter, LinkedIn, YouTube, communications carriers, and messaging providers). Tixta does not control third-party terms, performance, or policies and disclaims liability for third-party acts or omissions. Some review sites require an active business account to publish or respond to reviews; Client is responsible for creating and maintaining such accounts. Client will comply with all applicable platform rules (including restrictions on review solicitation, gating, incentives, content policies, and feature use) and will not use the Services to circumvent platform policies.

Content, Data, and Licenses


Client is solely responsible for the accuracy, legality, and authorization of all content, data, creative, targeting, and lists provided to Tixta ("Client Content" / "Client Data"). Client grants Tixta a non-exclusive, worldwide, royalty-free license to use Client Content/Data solely to provide the Services. Tixta owns all right, title, and interest in its software, tools, templates, models, configurations, and derivative works, including improvements and feedback ("Tixta IP").

Subject to payment and compliance, Tixta grants Client a limited, non-exclusive, non-transferable license to use outputs of the Services during the subscription term for Client's internal business purposes. Where outputs include third-party content or data, Client's use is further limited by applicable third-party terms. Tixta may anonymize and aggregate data for analytics, benchmarking, and service improvement.


Reviews Compliance (FTC, CRFA, and Platforms)

Client will comply with Federal Trade Commission guidance on endorsements and reviews and the Consumer Review Fairness Act:

  • No review gating. All recipients of a review request must have substantially the same options to leave feedback; do not route only "happy" customers to public reviews.

  • No fake or misleading reviews. Do not fabricate reviews, misrepresent reviewer identity or experience, suppress lawful negative reviews, or condition benefits on a positive rating.

  • Incentives require full disclosure and neutrality. If offering any incentive, Client must clearly disclose the incentive and must not condition it on a specific star rating or sentiment.

  • Platform-specific restrictions. Where a platform (e.g., Yelp) prohibits first- or third-party solicitation, Client will not solicit reviews on that platform or use the Services to bypass platform policies.


If Tixta identifies violations, Tixta may request remediation. If not cured within thirty (30) days, Tixta may suspend or terminate affected features or accounts without liability.

Messaging Compliance (TCPA, 10DLC, CAN-SPAM, CASL, GDPR/UK)


Client is solely responsible for obtaining and documenting all legally required consents for SMS/MMS, email, and other outreach, including express written consent where required under the Telephone Consumer Protection Act and Telemarketing Sales Rule. Client is responsible for A2P 10DLC registration, campaign approvals, and applicable carrier fees. Commercial email must comply with CAN-SPAM and, where applicable, CASL. For EU/UK recipients, Client represents that a lawful basis exists, notices are provided, and individual rights are supported. Each party will indemnify the other for its own violations of this section.


Account Security, Acceptable Use, and Fair Use

Client will protect access credentials, promptly disable access for departed personnel, and notify Tixta of suspected compromise. Client will not: infringe IP rights; bypass security; reverse engineer; spam or send unlawful, deceptive, or harmful content; upload malware; misrepresent identity or affiliation; or use the Services to create a competitive product. To preserve service stability, Tixta may reasonably limit throughput, sending volumes, API calls, storage, or concurrency if Client usage materially exceeds norms for comparable clients and threatens platform performance.


Fees, Billing, Auto-Renewal, and Taxes

Fees, currency, and billing cadence are set forth. Invoices are due as specified therein; subscriptions may be charged automatically via Stripe. Tixta does not store payment card details. Unless stated otherwise, subscriptions auto-renew for successive terms equal to the initial term. Fees are exclusive of taxes; Client is responsible for applicable sales, VAT/GST, use, and similar taxes (excluding Tixta's income taxes). Overdue amounts may accrue the lesser of 1.5% per month or the maximum lawful rate and may result in suspension until payment is made.

Trials, Cancellations, and Refunds

All plans include a 10-day trial.


If Client emails support@tixta.com within ten (10) days of signup, Tixta will issue a full refund within five (5) business days.

  • Monthly Subscriptions: to avoid the next charge, Client must email support@tixta.com at least seven (7) business days before the next billing date. No partial or retroactive refunds.

  • Annual Subscriptions: Client may cancel within the first ten (10) days of the initial annual term for a full refund. After day 10 of the initial annual term, the annual subscription is binding for the full year; no mid-term refunds. For renewal terms, provide non-renewal notice at least seven (7) days prior to the renewal date to avoid renewal charges.


Except as expressly stated in this section or required by law, all fees are non-refundable.


Privacy, Data Protection, and Security

The Tixta Privacy Policy and, where applicable, a Data Processing Addendum (including EU Standard Contractual Clauses and UK Addendum) are incorporated by reference and govern Tixta's handling of Personal Data. Tixta maintains an information security program designed to protect Client Data against unauthorized access, use, or disclosure. Each party will promptly notify the other of any confirmed personal data breach requiring notice under applicable law and will cooperate in mitigation and required notifications.

Use of Artificial Intelligence


Some Services use artificial intelligence. Tixta will process data through AI features in accordance with the Privacy Policy and any applicable DPA. Tixta will not use Client's data to train third-party foundation models. Tixta aims to apply appropriate safeguards and ethical guidelines to AI features and functionality.

Warranties and Disclaimers


Tixta warrants it has the right to provide the Services, that the Subscription Service will perform materially in accordance with documentation, and that Professional Services will be performed in a professional and workmanlike manner. Except as expressly provided, the Services are provided "as is" and "as available." Tixta disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and non-interference, and does not warrant uninterrupted or error-free operation or any specific business outcome.


Indemnification

By Client

Client will indemnify, defend, and hold harmless Tixta and its officers, directors, employees, and contractors from any third-party claims, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of: Client Content/Data; violations of laws (including FTC/CRFA/TCPA/10DLC/CAN-SPAM/CASL/GDPR) or platform rules; or breaches of these Terms.


By Tixta

Tixta will indemnify Client against third-party claims alleging that the Subscription Service, as provided by Tixta and used in accordance with these Terms, directly infringes a third party's U.S. intellectual property right. Tixta has no obligation for claims arising from Client Content/Data, modifications not made by Tixta, combinations with non-Tixta items, or use in violation of these Terms. If infringement is alleged, Tixta may procure rights, modify or replace the Service, or terminate the affected Service.


Limitation of Liability

To the maximum extent permitted by law:

  • Neither party will be liable for indirect, special, incidental, consequential, exemplary, or punitive damages (including lost profits, revenue, goodwill, or data), even if advised of the possibility.

  • Each party's aggregate liability arising out of or related to these Terms will not exceed the amounts paid or payable by Client to Tixta in the twelve (12) months preceding the event giving rise to liability.

  • The foregoing does not limit Client's payment obligations or either party's indemnity obligations for its own violations of law.


Term, Termination, and Suspension

These Terms commence on the effective date of the first payment date and continue while remains in effect. Either party may terminate for material breach not cured within thirty (30) days after written notice. Upon termination by Tixta due to Client breach, all committed fees for the remaining term become immediately due. Tixta may suspend the Services upon notice for non-payment, security risk, or unlawful/abusive use. Suspension does not waive fees.

Governing Law and Venue


I authorize Tixta.com to use my name, phone number, and email to contact me via SMS, call and email for purpose of providing information and assistance on Tixta.com services. I am interested in receiving calls, including calls from artificial intelligence and pre-recorded voice.


These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.

Contact Information


Support and Legal Contact: support@tixta.com

Address: 4770 Biscayne Blvd, #720 Miami 33137