mxAURA Terms of Service
mxAURA Terms of Service
Version 2.0
These terms are a real agreement, and we have written them to be read. Where they limit what you can claim from us, we say so plainly rather than burying it. If something here does not work for your situation, tell us before you sign up rather than after.
In these terms, "mxAURA", "we" and "us" mean mxAURA™, Inc. "You" means the person accepting these terms and the organization they accept on behalf of. "Service" means the mxAURA platform, including Aura Marketing™, the app, the API, the MCP server, content hubs, the browser extension, and anything else we make available under the mxAURA name.
1. What mxAURA is, and what it is not
mxAURA is a composition and orchestration layer. You compose messages here; HubSpot sends them. HubSpot owns your contacts, decides delivery timing, and handles unsubscribes and sending compliance. mxAURA writes content into your HubSpot contact properties and tells HubSpot which message comes next.
This distinction matters for everything below. We do not deliver email. We cannot guarantee that any message reaches any inbox, arrives on time, renders correctly, or avoids a spam folder. Deliverability is a function of your sending domain, your list quality, your HubSpot configuration, and the receiving mail systems — none of which we control.
For content hubs, mxAURA serves article content that you or your clients embed on websites you control. We do not control those websites.
2. Your account, and who is responsible for it
You are responsible for everything that happens under your account: what your users do, what your API keys do, and what anyone you give access to does. Keep credentials secret. Tell us promptly if you believe a credential has been compromised, and we will help you rotate it.
You must be at least 18 and able to enter a binding contract. If you accept these terms for an organization, you confirm you are authorized to bind it.
3. Agencies and their clients
If you use mxAURA as an agency — composing content and distributing it to client accounts — these additional terms apply, and they apply to you, not to us.
You are responsible for your clients' use of the Service. You are responsible for obtaining their authorization to act on their behalf, for the accuracy and lawfulness of anything you distribute to them, for their compliance with these terms, and for any claim a client brings arising from your use of the Service. Where a client of yours has their own mxAURA account, they accept these terms directly; where they do not, you accept on their behalf and are answerable for them.
You are the controller of your clients' data as far as we are concerned. We process it on your instruction. Your arrangements with your clients are between you and them; we are not a party to them and we have no obligation to enforce, interpret, or arbitrate them. If your relationship with a client ends, moving or deleting their data is your responsibility and yours alone.
Distribution is your judgment, not ours. When you distribute a campaign, template, workflow, or hub to a client portal, you are causing changes in a system belonging to someone else. Confirm you are permitted to do that. We execute the instruction; we do not evaluate it.
4. AI-generated content
Parts of the Service use artificial intelligence: message drafting, SEO suggestions, hero images, the advisor, and the messaging identity. You should understand three things about that.
AI output can be wrong. It can be inaccurate, out of date, biased, nonsensical, or confidently mistaken about facts. It can produce text or images that resemble someone else's work. It can misstate your own products, pricing, or claims.
Everything AI produces here is a draft for you to review. Nothing is published, sent, or made public by AI alone; a person on your side always takes the action that makes it real. That review is your responsibility, and it is not a formality — it is the control that stands between an AI suggestion and your customers.
You own the consequences of what you publish. We make no warranty that AI output is accurate, original, non-infringing, compliant with any law or advertising standard, or fit for any purpose. To the fullest extent permitted by law, we are not liable for any claim arising from content you sent, published, or acted on, whether or not AI helped you produce it.
If AI output offends, misleads, or infringes, and you sent it, that is your liability. We will help you understand what happened; we will not underwrite it.
5. Your data, backups, and loss
We take care with your data: it is encrypted in transit, credentials and tokens are encrypted at rest, tenant isolation is enforced in our database layer, and we run automated backups of our production database.
We do not, however, warrant against data loss, and you should not rely on us as your only copy. Software fails, providers fail, deletions happen, and a restore may lose recent work or take time. Keep your own copies of anything you would be unwilling to lose — your content, your lists, your configurations. The Service includes export tools; use them.
To the fullest extent permitted by law, we are not liable for the loss, corruption, or unavailability of data, however caused, including where it results from our own error. This is a deliberate allocation of risk that the price of the Service reflects.
Deleting an object in the Service is usually permanent and immediate. There is no general undelete.
6. Things we depend on
The Service runs on, and interoperates with, systems we do not own: HubSpot, Cloudflare, PlanetScale, Mailgun, Twilio, Anthropic, Stripe, and others. When one of them is slow, broken, changes its API, changes its pricing, suspends your account, or discontinues a feature, the Service can be degraded or interrupted, and features can stop working.
We are not liable for the acts, omissions, outages, pricing, policy changes, or discontinuations of third parties. In particular: your HubSpot account and its contents are governed by your agreement with HubSpot, not with us; if HubSpot revokes our access or changes its API, some or all of the Service may stop functioning, and that is not a breach of these terms.
7. Availability
We aim for the Service to be available and we monitor it continuously, but we do not promise any particular level of uptime unless we have separately signed a service level agreement with you. We may perform maintenance, deploy changes, and occasionally take things offline. We may change, add, or remove features.
8. Acceptable use, and sending
You will not use the Service to send unsolicited bulk email, to send to purchased or scraped lists, or in violation of CAN-SPAM, CASL, GDPR, ePrivacy, or any other law governing your communications. Compliance with sending law is yours, including consent, records of consent, unsubscribe handling, and data subject rights. We provide tools; we do not provide legal cover.
You will not use the Service to distribute malware, to infringe intellectual property, to harass, to impersonate, to conduct security testing against systems you do not own, or to build a competing product from our behavior. You will not attempt to circumvent tenant isolation, rate limits, or usage caps.
We may suspend an account that we reasonably believe is causing harm, breaking these terms, or endangering the Service for others. Where circumstances allow we will tell you first; where they do not, we will tell you as soon as we can.
9. Fees
Fees, billing periods and plan limits are as presented when you subscribe. Fees are payable in advance and, to the extent permitted by law, are non-refundable, including for partial periods and for periods during which you did not use the Service. We may change pricing on notice; changes take effect at your next renewal. Unpaid accounts may be suspended and, after a reasonable period, deleted. Taxes are yours.
10. Your content and our rights
You keep ownership of everything you put into the Service. You grant us a worldwide, non-exclusive licence to host, copy, transmit, display, and process it strictly for the purpose of operating and improving the Service for you and, where you have distributed it, for your clients. We do not sell your data. We do not use your content to train foundation models.
We keep ownership of the Service, including the platform, the interfaces, the underlying models of composition and cascade orchestration, and the mxAURA™ and Aura Marketing™ marks. Feedback you give us, we may use freely and without obligation.
11. Warranty disclaimer
The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, timely, secure, or error-free; that defects will be corrected; that results obtained from it will be accurate or reliable; or that any message composed with it will be delivered, opened, read, or acted on.
12. Limitation of liability
To the fullest extent permitted by law:
We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, lost or corrupted data, cost of substitute services, or reputational harm — even if we were told such damages were possible and even if a limited remedy fails of its essential purpose.
Our total aggregate liability arising out of or relating to these terms or the Service, on any theory of liability, is limited to the greater of (a) the fees you actually paid us in the twelve months before the event giving rise to the claim, or (b) one hundred United States dollars.
These limits apply to us, our affiliates, and our suppliers. They do not apply to the extent the law does not permit them — some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, and nothing here excludes liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be excluded. Where a limitation is unenforceable, it is reduced to the minimum extent necessary and the rest stands.
13. Indemnity
You will defend, indemnify, and hold us harmless from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising from: your content; your use of the Service; your messages and their compliance with sending law; content you published that AI helped produce; your clients' use of the Service where you are an agency; your breach of these terms; and your violation of any law or third-party right.
14. Termination
You may stop using the Service and close your account at any time. We may terminate or suspend your access for breach, for non-payment, or if we cease offering the Service, with reasonable notice where circumstances allow.
On termination, your right to use the Service ends immediately. Export what you need before you terminate. We may delete your data after termination without further notice, and we are under no obligation to retain it. Sections that by their nature should survive — ownership, disclaimers, limitation of liability, indemnity, and this sentence — survive.
15. Changes to these terms
We may update these terms. When we do, we publish a new version with an effective date, and the current version is always available in the app and at the link in your account. Where a change is material, we will require you to accept the new version before continuing to use the Service, and we will show you a short summary of what changed. Continued use after a non-material update means you accept it.
Every acceptance is recorded with the version, the date, and the account it was made for.
16. General
These terms are governed by the laws of the State of Delaware, United States, without regard to conflict of laws rules, and the state and federal courts located in Delaware have exclusive jurisdiction, except that either party may seek injunctive relief anywhere to protect its intellectual property.
These terms are the entire agreement between us on this subject and supersede prior discussions. If a provision is unenforceable, the rest stands. Our not enforcing something is not a waiver of it. You may not assign these terms without our consent; we may assign them in a merger or sale of the business. Nothing here creates a partnership, agency (in the legal sense), or employment relationship.
Neither party is liable for a failure to perform caused by events beyond its reasonable control.
17. Contact
Questions about these terms: support@mxaura.com.
---
*mxAURA™ and Aura Marketing™ are trademarks of mxAURA, Inc.*