Terms & Conditions
The legal agreement governing your access to and use of Exagon Global websites, platforms, and services.
1. Agreement to Terms
These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Exagon B.V., a company registered in the Netherlands and trading as "Exagon Global" ("we", "us", or "our"), governing access to and use of https://exagonglobal.com, https://app.exagonglobal.com, related applications, APIs, AI assistants, and all associated services (collectively, the "Services").
Exagon Global is our international brand. Exagon B.V. is our Netherlands headquarters entity and the contracting party under these Terms. United Kingdom operations may be fulfilled through our group company Exagon Global Ltd where applicable to local engagements.
By accessing or using the Services, creating an account, or clicking to accept these Terms, you agree to be bound by them. If you accept on behalf of an organisation, you represent that you have authority to bind that organisation.
If you do not agree, you must not access or use the Services.
2. Definitions
- "Platform" — the Exagon Social Media AI / CRM application hosted at https://app.exagonglobal.com and related subdomains
- "Client" — a business entity subscribing to paid Services
- "End User" — an individual who interacts with a Client's campaigns, funnels, or communications
- "Content" — text, images, video, audio, data, and other materials uploaded or transmitted through the Services
- "Subscription" — a paid plan granting access to Platform features for a defined term
- "A2P Messaging" — application-to-person SMS/MMS messaging subject to carrier and regulatory rules
3. Eligibility
You must be at least 18 years old and capable of forming a binding contract. The Services are intended for business and professional use. You are responsible for ensuring your use complies with laws applicable in your jurisdiction.
4. Accounts & Registration
4.1 Account creation
You must provide accurate, current, and complete registration information. You are responsible for maintaining the confidentiality of credentials and for all activity under your account.
4.2 Multi-tenant and sub-accounts
Clients may create sub-accounts for team members or their own customers (where permitted by plan). The primary account holder remains responsible for sub-account compliance with these Terms.
4.3 Suspension and termination
We may suspend or terminate accounts for breach of these Terms, non-payment, security risks, abuse of messaging channels, or legal requirements. You may terminate by contacting info@exagonglobal.com subject to applicable notice periods in your Subscription agreement.
5. Description of Services
Exagon Global provides enterprise technology consulting and a software platform including, without limitation, the capabilities listed above.
We may modify, add, or discontinue features with reasonable notice where practicable. Beta or preview features are provided "as is" without warranties.
- CRM, pipeline, and contact management
- Marketing automation, funnels, landing pages, and websites
- Email, SMS, WhatsApp, and social media communication tools
- AI-powered agents, chatbots, and content generation
- Calendars, appointments, and booking workflows
- Analytics, reporting, and integrations
- White-label and agency management features
- Professional implementation, training, and support services
6. Subscriptions, Fees & Payment
6.1 Fees
Subscription fees, usage charges (including SMS, email, AI tokens, and telephony), and professional services fees are as quoted in your order form, pricing page, or written agreement. All fees are exclusive of applicable taxes unless stated otherwise.
6.2 Billing
Recurring subscriptions renew automatically unless cancelled before the renewal date. You authorise us and our payment processors to charge your designated payment method. Failed payments may result in suspension.
6.3 Refunds
Unless required by law or expressly stated in a separate agreement, fees are non-refundable. Partial-month refunds are not provided for mid-cycle cancellations.
6.4 Price changes
We may change pricing with at least 30 days' notice before your next renewal. Continued use after the effective date constitutes acceptance.
7. Acceptable Use Policy
You agree not to use the Services for any of the prohibited activities listed above.
We reserve the right to investigate violations and cooperate with law enforcement. Violations may result in immediate suspension without refund.
- Violate any applicable law, regulation, or third-party rights
- Send unsolicited commercial messages (spam) or messages without valid consent
- Transmit malware, phishing content, or fraudulent schemes
- Harass, threaten, defame, or discriminate
- Infringe intellectual property or publish unlawful content
- Scrape, reverse-engineer, or attempt to bypass security or rate limits
- Resell or sublicense the Platform except as expressly permitted under an agency or partner agreement
- Use the Services for high-risk activities (e.g. emergency services, life-critical systems) without explicit written approval
- Misrepresent your identity or affiliation
- Collect personal data without lawful basis and required notices
8. SMS & Mobile Messaging Terms
This section applies to A2P SMS/MMS programmes operated through Exagon Global or its Platform, including the programme "EXAGON".
8.1 Consent and opt-in
You may only send marketing or promotional SMS to recipients who have provided express written or electronic consent as required by applicable law (including TCPA, CTIA guidelines, and EU ePrivacy rules where relevant).
Consent must clearly identify the sender, message purpose, message frequency, and reference these Terms and our Privacy Policy at https://exagonglobal.com/legal/privacy-policy.
8.2 Message frequency and charges
Message frequency varies based on your interactions and programme settings. Message and data rates may apply. Contact your mobile carrier for details.
8.3 Opt-out and help
Recipients may opt out at any time by replying STOP to any message. For assistance, reply HELP or contact info@exagonglobal.com. After STOP, no further marketing messages will be sent except a one-time confirmation as permitted by carriers.
8.4 Carrier disclaimer
Carriers are not liable for delayed or undelivered messages. Delivery is subject to carrier networks, filtering, and recipient device availability.
8.5 Prohibited SMS content
- SHAFT content (sex, hate, alcohol, firearms, tobacco) except where legally permitted and carrier-approved
- Cannabis, CBD, payday loans, debt collection, and other high-risk verticals without prior written approval
- Misleading sender IDs or deceptive content
- Purchased or scraped phone lists without documented consent
8.6 Data sharing (regulatory disclosure)
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
9. User Content & Intellectual Property
9.1 Your content
You retain ownership of Content you upload. You grant Exagon Global a worldwide, non-exclusive licence to host, process, transmit, and display Content solely to provide the Services and as otherwise described in our Privacy Policy.
9.2 Our IP
The Services, including software, branding, documentation, and AI models provided by Exagon Global, are protected by intellectual property laws. Except for limited rights to use the Services, no licence is granted.
9.3 Feedback
Suggestions or feedback you provide may be used by us without obligation or compensation.
9.4 DMCA / copyright complaints
Report alleged infringement to legal@exagonglobal.com with identification of the work, location of material, your contact details, and a statement of good-faith belief.
10. AI Services
AI features generate outputs based on models and your inputs. Outputs may be inaccurate, incomplete, or inappropriate. You are solely responsible for reviewing AI outputs before publication or reliance.
Exagon Global does not provide legal, medical, financial, or professional advice through AI features. You must not use AI outputs in regulated contexts without qualified human review.
We may apply usage limits, content filters, and monitoring to prevent abuse and comply with provider policies.
11. Third-Party Services
The Platform integrates with third-party services including payment gateways, social networks, telephony providers, and infrastructure partners. Your use of third-party services is subject to their terms. We are not responsible for third-party availability, actions, or data practices.
Certain core Platform functionality is delivered through licensed SaaS infrastructure. Service levels and data handling by such providers are subject to our subprocessors list and applicable DPAs.
12. Privacy
Our collection and use of personal data is described in the Privacy Policy at https://exagonglobal.com/legal/privacy-policy, incorporated by reference into these Terms.
13. Confidentiality
Each party may receive confidential information from the other. The receiving party will protect such information with reasonable care and use it only for purposes of the relationship, except as required by law.
14. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
We do not warrant that the Services will meet your requirements or that AI outputs will be accurate.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXAGON B.V. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THAT PERIOD OR (B) EUR 500.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.
16. Indemnification
You agree to indemnify and hold harmless Exagon Global from claims, damages, losses, and expenses (including reasonable legal fees) arising from your Content, your use of the Services, violation of these Terms, or violation of any law or third-party rights — including SMS consent failures and marketing compliance breaches by you or your End Users.
17. Force Majeure
We are not liable for failure or delay due to events beyond reasonable control, including natural disasters, war, labour disputes, internet or carrier outages, government actions, or failures of third-party infrastructure.
18. Governing Law & Disputes
These Terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles.
The courts of Rotterdam, the Netherlands, shall have exclusive jurisdiction, subject to mandatory consumer protections in your country of residence where applicable.
Before formal proceedings, parties agree to attempt good-faith negotiation for 30 days. EU consumers may also use the ODR platform at https://ec.europa.eu/consumers/odr.
19. General Provisions
- Entire agreement — These Terms, the Privacy Policy, Cookie Policy, and any signed order form constitute the entire agreement
- Severability — Invalid provisions do not affect the remainder
- Waiver — Failure to enforce a provision is not a waiver
- Assignment — You may not assign without consent; we may assign in connection with a business transfer
- Notices — We may provide notices via email, Platform notification, or website posting
- Language — In case of translation conflicts, the English version prevails unless required otherwise by law
20. Contact
Exagon B.V.
Dordrecht, Netherlands
Legal: legal@exagonglobal.com
General: info@exagonglobal.com
Phone: +31 (0) 78 123 4567