Terms of Service

These Terms of Service, referred to as the "Terms" or "Agreement", form a binding contract between UXON AI, ABN 82 658 055 997, an Australian company registered in Queensland with its principal office at Unit 142, 53 Vernon Terrace, Teneriffe QLD 4005, referred to as "UXON", "we", "us" or "our", and the person or legal entity that creates an account or otherwise uses the UXON platform, referred to as the "Customer" or "you". By accessing the Site or the Services, you accept these Terms.

If you accept these Terms on behalf of a company, public authority, or other legal person, you warrant that you are duly authorised to bind that entity. References to "you" then mean that entity.

UXON provides a profitability-optimisation platform comprising landing page creation and deployment, client-side and cross-domain A/B testing, and AI-assisted copy and asset generation, collectively referred to as the "Services".

UXON may amend these Terms from time to time. Material updates will be notified by email and/or in-app notice. Continued use constitutes acceptance of the revised Terms.

We do not knowingly contract with or collect personal data from any individual under sixteen years of age. By using the Services, you represent that you meet this threshold.

By accepting these Terms, you also agree to the then-current UXON privacy commitments and any Acceptable Use restrictions referenced in these Terms. UXON may update those documents periodically; your continued use evidences acceptance.

Any order form, work order, or statement of work that references these Terms is incorporated by reference. In case of conflict, the following order applies: the order form or statement of work, solely with respect to commercial terms expressly varied in it; then these Terms, including Schedules and Annexes; and then documents referenced in these Terms.

In addition to capitalised terms defined elsewhere in these Terms, the following definitions apply:

Account

The workspace provisioned by UXON upon registration, within which the Customer may create pages, run experiments, and manage users or sub-accounts.

Add-On

Optional features, sub-accounts, or integrations that may be activated for an Account and may carry additional fees.

Aggregated Data

Data that is de-identified and/or combined to produce generalized analytics that do not identify any individual.

Confidential Information

Non-public information reasonably considered confidential or marked as such, including business, technical, security, and customer information of a party.

Content / User Content

All materials you upload or create within the Services, including text, images, logos, code, copy, and any AI-assisted outputs you choose to publish.

Lead Data

Contact data collected via landing pages where you elect to store leads on UXON.

Overage

Billable usage exceeding the traffic allocation associated with your subscribed plan.

Personal Data / Personal Information

Information relating to an identified or identifiable natural person as defined by applicable data-protection laws.

Site

UXON's publicly accessible websites and subdomains through which the Services are offered.

Subscription

Time-based access to paid features of the Services purchased by you.

Third Party

Any natural or legal person other than UXON and the Customer, including integrated services such as Shopify, HubSpot, Stripe, and domain or SSL providers.

1. UXON provisions Accounts on an organisation/team basis. Each organisation may invite and manage multiple users and sub-accounts.
2. You must provide true, accurate, current, and complete Account and billing details and keep them updated.
3. You are responsible for maintaining the confidentiality of login credentials and for all activity under your Account. Notify UXON promptly of any suspected compromise.
4. The holder of the payment instrument associated with the Account is deemed the Account Owner with authority over subscription changes.
5. UXON may suspend access for security, non-payment, abuse, or legal risk, and may reinstate access when the relevant condition is remedied, at UXON's discretion.

1. The Services include landing page creation and deployment, AI-assisted generation of copy and pages, A/B split testing including cross-domain testing, and analytics.
2. UXON uses large-language-model technology to assist with content generation. You are responsible for reviewing, validating, and approving any AI-assisted output before publication. UXON does not warrant the factual accuracy or suitability of such output.
3. Available integrations may include Shopify and HubSpot; additional integrations may be introduced. When enabling an integration, you agree to the applicable third-party terms and privacy policies. Such third parties, not UXON, determine their data-handling practices.
4. You may connect custom domains or subdomains. Domain and SSL management is provided via saascustomdomains.com with automatic HTTPS, TLS certificates, DDoS protection, and global distribution. You remain responsible for DNS configuration. UXON is not liable for downtime attributable to external domain or infrastructure providers.
5. Databases are hosted on Neon, physically located in AWS Asia Pacific 2 Sydney; code is deployed via Vercel. UXON implements security measures appropriate to these providers.
6. UXON may invite selected users to beta features. Access can be withdrawn at any time without notice or liability, and pricing may change if features become generally available.

1. Both businesses and individuals aged 16 years and over may register.
2. You may create and publish pages, run experiments, and connect integrations as anticipated by the Services.
3. You may not misuse the Services, including through malware, denial-of-service activity, attempts to gain unauthorised access, violation of law or third-party rights, fraudulent or excessive event firing, or automated means used to inflate traffic or conversions. UXON may suspend or terminate accounts that threaten platform safety.
4. AI generation of adult content is disabled. Adult landing pages may be permitted only under UXON monitoring and subject to UXON's discretion.

1. Subscriptions are billed monthly or annually based on the aggregate traffic volume across all sub-accounts within your organisation.
2. Fees are prepaid, non-cancellable, non-refundable and exclusive of taxes, unless expressly stated otherwise in these Terms.
3. If your monthly traffic exceeds the allocation included in your subscription plan, UXON may, at its discretion, invoice overage at the then-current overage rate, request that you upgrade, or suspend publishing until usage aligns with plan limits. UXON will not auto-upgrade your plan.
4. All payments are processed through Stripe. UXON does not store or process full card data. You authorise UXON and its payment providers to store minimal payment details and charge applicable fees, taxes, and overages. You are responsible for keeping payment details current. Failure to comply may result in suspension of publishing.
5. Past-due sums accrue interest at the maximum rate permitted by law. UXON may recover reasonable collection costs and suspend the Services until full payment is received.

1. Subscriptions run on monthly or annual cycles as selected during purchase. Your plan renews automatically for successive periods unless cancelled in accordance with Section 8.
2. Upgrades take effect immediately; any fee difference may be prorated. Downgrades, where permitted, take effect on the next billing date and may require contacting support for annual terms.
3. UXON may adjust fees prospectively with notice before renewal of your current term. Continuation of Service after the effective date constitutes acceptance of the new rates.

1. You may cancel at any time using self-serve cancellation in Stripe or by contacting support from the Account email. Cancellations must occur at least one day before the end of the then-current cycle to avoid renewal. Fees already charged are not refundable except as stated in Section 6.
2. Upon cancellation, your Account is placed on a free state and then deleted within 30 days. If you opted to store Lead Data, such leads are purged automatically within 90 days. Deletions are automatic and irreversible.
3. UXON may suspend or terminate for non-payment, security risk, breach of these Terms, or legal/regulatory reasons. UXON is not liable for resulting unavailability or data loss.

1. The Services, including software, interfaces, documentation, and know-how, are owned by UXON or its licensors and are protected by intellectual property laws. No rights are granted except as expressly set out in these Terms.
2. While your Subscription is active and you comply with these Terms, UXON grants you a revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for your internal business purposes.
3. You retain all rights in User Content. You grant UXON a limited, revocable licence to host, cache, store, copy, and process User Content solely to provide, secure, maintain, and improve the Services.
4. UXON may showcase Customer pages or case studies for marketing or educational purposes only with your prior written consent.
5. Suggestions, ideas, and feedback may be used by UXON without restriction, attribution, or compensation.

1. You represent that you own or have all necessary rights to the User Content you upload or create and that its use does not infringe third-party rights or violate law. You will pay all royalties and fees arising from your Content.
2. If you enter a URL to enable automated brand asset extraction, you confirm that the URL is yours, that you have authority to use its content, and that you agree to indemnify UXON for any misuse of third-party intellectual property.
3. UXON may modify or remove Content to mitigate security risks, correct corrupted code, address intellectual property claims, or enforce these Terms or Acceptable Use restrictions.

You authorise UXON to monitor use of the Services to operate, secure, and improve the platform; comply with law; and protect UXON, our customers, partners, and licensors. Actions may include temporary suspension or removal of Content or pages.

1. UXON collects limited account and platform-usage information, including email, organisation, avatar, and page or experiment analytics such as session and visitor IDs, timestamps, event metadata, page and referrer URLs, campaign indicators, and device type. Billing data is handled exclusively by Stripe.
2. For Personal Data in your Content or Leads, you are the Controller and UXON acts as Processor under Article 28 GDPR and analogous laws. The Data Processing Addendum in Schedule B forms part of these Terms. For further information, please read our Privacy Policy.
3. Where you use the Services to process, including collecting, storing, using, or disclosing, Personal or Sensitive Information relating to identifiable individuals, you will do so only in compliance with all applicable laws.
4. You will implement appropriate measures to protect the privacy and legal rights of individuals whose information you handle, and you will provide them with a privacy notice or policy that is legally adequate.
5. If you obtain Personal or Sensitive Information, you must inform individuals that such information is being collected and clearly state the purposes for its collection and how it will be used. If you retain Personal or Sensitive Information, you must secure it and handle it in accordance with applicable law.
6. You agree to indemnify and hold harmless UXON from and against any liability, loss, damage, costs, or expenses resulting from your failure to comply with the foregoing, and from any third-party claims against UXON arising out of your use of the Services to collect, store, or use personal or sensitive information.

1. You may embed or link to third-party processors, such as Shopify checkouts or Stripe forms. Transactions are strictly between you, your customers, and the relevant third parties. Their own terms and privacy policies govern; UXON is not responsible for their actions or data handling.
2. If you enable any payment-processing app, you are solely responsible for compliance, including tax, privacy, PCI-DSS through the processor, and prohibited activities lists. UXON is not affiliated with, nor responsible for, any payment processor and does not manage your PCI obligations.

Each party shall use the other's Confidential Information only to perform this Agreement, protect it using at least reasonable care, and not disclose it to third parties except to personnel or advisors under confidentiality duties or as required by law.

1. The Services are provided as is and as available. UXON does not warrant that the Services will meet your requirements or be uninterrupted, timely, secure, or error-free. Planned or emergency maintenance, outages, or incidents may occur without compensation.
2. You are solely responsible for the compatibility and accuracy of your Content, for ensuring your Content works with the Site and Services, and for any reliance on AI-assisted outputs. Downloading any materials is at your own risk.
3. UXON does not guarantee traffic, views, or conversions, nor compatibility of your software, hardware, or content. No compensation or refunds are due if the Service fails to meet expectations.
4. UXON is not responsible or liable for unauthorised third-party use of your Content and assumes no obligation to safeguard it. UXON is not liable for failures, acts, or omissions of third-party networks, hosts, other users' content, or non-UXON software or hardware.
5. Any materials obtained via the Site or Services, including landing pages, pop-ups, sticky bars, or CSV leads, are downloaded at your discretion and risk.
6. Advice or information from UXON, whether oral or written, does not create warranties beyond those expressly stated in the Agreement.
7. UXON and its personnel or affiliates are not liable to you or your delegates for tangible or intangible losses arising from the Agreement, use or inability to use the Services, or use of third-party materials, nor for any losses if the Site or Services are modified, suspended, or discontinued.

You shall indemnify, defend, and hold harmless UXON and its affiliates, officers, directors, employees, and agents from claims, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of your Content or Lead Data, your breach of law or these Terms, your misuse of the Services, or your use of third-party services.

To the maximum extent permitted by law, UXON's aggregate liability arising out of or related to the Services shall not exceed an amount equal to one month's fees paid by you to UXON for the Services giving rise to liability. Neither party is liable for indirect, incidental, special, punitive, or consequential loss, or loss of profits, revenue, goodwill, data, or business interruption.

1. Formal notices must be sent to the addresses specified in your order or to ops@uxon.ai; operational or security notices may be sent to UXON support contacts. Electronic notices are deemed received when the sender's system records successful transmission.
2. You may not assign these Terms without UXON's prior written consent, not to be unreasonably withheld. UXON may subcontract performance, including infrastructure and cloud providers, and remains responsible for its obligations.
3. Neither party is liable for delay or failure due to events beyond reasonable control, including denial-of-service, cloud outages, power failures, natural disasters, war, strikes, or governmental actions, provided it uses reasonable efforts to mitigate.

1. These Terms are governed by the laws of Australia, without regard to conflicts principles.
2. Disputes shall first be addressed through good-faith negotiation. Failing resolution, disputes shall be exclusively resolved by arbitration in Australia, conducted in English, under rules agreed by the parties or, failing agreement, under the rules of a reputable arbitral institution, before a single arbitrator.

1. If any provision is held unlawful, void, or unenforceable, the remainder remains in effect, and the provision shall be modified to the minimum extent necessary to be valid.
2. Failure to enforce a right is not a waiver. These Terms, including Schedules, Annexes, and any order form referencing them, constitute the entire agreement between the parties and supersede prior or contemporaneous understandings on the same subject matter.

For questions, support, or legal notices, contact ops@uxon.ai.