10X MARKETING - TERMS AND CONDITIONS

Last Updated 16th August, 2023

10x Marketing - Terms & Conditions

We are 10x Marketing, (10x Marketing, we, us and/or our) which own and operate https://10xmarketing.ai which includes the 10x Marketing website and all subdomains within the 10x Marketing website.

10x Marketing is an AI Automation Agency which provides AI Automation systems and services to help our customers optimize and scale their businesses.

Your use of the Site and any systems included in the delivery of your use of the Site is subject to these Terms and Conditions. By using the Site, you accept and agree to be bound by these Terms and Conditions.

Please note that these Terms and Conditions are subject to changes and updates from time to time, at the sole discretion of 10x Marketing without prior notice to you. It is your responsibility to check these Terms and Conditions periodically for any changes and updates.

You can determine when we last changed and updated these Terms and Conditions by referring to the “LAST UPDATED” statement. Your continued use of the Site constitutes your acceptance of and agreement to be bound by the current Terms and Conditions which include Changes that may be made from time to time. Should you disagree with the Terms and Conditions, please discontinue your access and usage of the Site.

Your use of the Site and/or any related systems from 10x Marketing (“the 10x Marketing Systems”) shall be at your own initiative and risk and in so doing, you are solely responsible for the compliance with all the applicable laws. By using the 10x Marketing site and or system, you represent and warrant that you are permitted to do so under the applicable laws. You are solely responsible for all access to the 10x Marketing System using your Internet connection, even if the access is by another person.

We reserve the right to restrict your access to the 10x Marketing System or part of it. Access to restricted areas of the 10x Marketing system may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may at our sole and absolute discretion withdraw that permission at any time with or without notice (including when you breach any of these Terms and Consitions).

Description Of Service

10x Marketing is a Software-With-A-Service (SWAS) company that provides AI Automation Marketing services to our customers, helping them to optimize and scale their businesses thru AI Marketing & Automation services.

10x Marketing is made for top coaches from around the world and business owners, enabling them to deploy AI Automation processes in their businesses, so they get to optimize and scale, fast.

Within our systems, we provide our customers the education, the 10x Marketing System and the marketing services required, to help them drive growth.

Apart from the core 10xMe Chatbot Software, we also provide other advanced digital marketing services to build and manage customer funnels and run digital advertising campaigns on multiple ad platforms for our customers, all using the power of AI and AI Automation Services.

Payment Terms

Payment for 10x Marketing's products and services are facilitated using a payment gateway service provider through a secured website. However, neither the payment gateway service provider nor 10x Marketing gives any assurance that the information provided online by a user is secured or may not be read or intercepted by a third party. 10x Marketing does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by a user of the service.

Refund Policy

10x Marketing believes in making sound decisions and having a “never give up” mindset, hence, unless specifically mentioned in some of our product or services offers, we, by default, employ a Zero Refund policy.

For subscription based products, you may cancel your subscription plan at any given time where your subscription will be valid until the paid period expires.

Neither the product, setup fee, subscription fee nor the marketing services purchase are available for refunds, unless specifically mentioned as an offer.

Transparency on Tax & 10x Marketing Fees

10x Marketing operates with full transparency on our fees. Please be informed that for all 10x Marketing purchases, the final amount charged to our customers are inclusive of the required 6% Sales and Service Tax (a mandatory tax in the country which 10x Marketing’s HQ operates in) and the 3% credit card transaction fees.

Indemnity

10x Marketing shall not be liable for any potential damages or losses caused by using the 10x Marketing Software. The 10x Marketing Software function as a platform and you acknowledge that the accuracy and legality of the information, data and representations provided by you are solely your responsibility and yours alone.

You further acknowledge that the effectiveness of the campaigns you run on the 10x Marketing Software are highly dependent on how well you set up your assets and that 10x Marketing does not guarantee any form of guaranteed performance deriving from your ad campaigns on the 10x Marketing Software unless specifically mentioned as an offer.

Non-Exclusive Arrangement

You acknowledge and understand that 10x Marketing is free to render products and services on 10x Marketing to other customers and that 10x Marketing does not make its product and services available exclusively to a particular customer, unless specifically agreed upon via a specific contract agreement.

Ownership & Rights

All materials on the 10x Marketing systems including its text, pictures, videos, look and feel, and content (with the exception of contributed content by Users) contain proprietary and or confidential information that is protected by applicable intellectual property and other laws. We and/or our licensors are the sole and absolute owner of these rights, title and interest in and to their applicable contributions to the 10x Marketing Software. You may not print or otherwise make copies of any such content without our express prior permissions.

Account Registration, Password & Security

To use and gain access to 10x Marketing's full range of features offered and made available, you will be prompted to complete the registration process during the onboarding process, in order to establish a 10x Marketing User Account that grants access to you and you alone (inclusive of your team).

You are responsible for maintaining the security and confidentiality of the pin/password that was provided to you upon your registration with 10x Marketing and are fully responsible for all activities that occur under your password or account.

Personal Use

Your permission to use the 10x Marketing Software is personal to you (and/or your company) and non-transferable, and you may not use the Site for other purposes other than as intended by 10x Marketing. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the 10x Marketing Software except as otherwise expressly provided in the Terms of Service or as specifically authorized in a separate written agreement. Your use of the 10x Marketing Software and all related products and services is conditional on your compliance with the rules of conduct set forth in these Terms of Service and you agree that you shall not:

Use the Site for any fraudulent or unlawful purpose;

Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights, rights of publicity or intellectual property rights;

Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the 10x Marketing Software;

Interfere with or disrupt the operation of the 10x Marketing Software or the services or networks used to make the 10x Marketing Software available; or violate any requirements, procedures, policies or regulations of such networks;

Transmit or otherwise make available in connection with the 10x Marketing Software any virus, worm, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment;

Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the 10x Marketing Software;

Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the 10x Marketing Software;

Remove any copyright, trademark or other proprietary rights notice from the 10x Marketing Software or materials originating from 10x Marketing;

Frame or mirror any part of 10x Marketing without our express prior written consent;

Create a database by systematically downloading and storing 10x Marketing's content; and

Use any manual or automatic device in any way to gather content or reproduce or circumvent the navigational structure or presentation of the 10x Marketing Software without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the 10x Marketing Software for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances;

Create links that are unfair and illegal and or presented in a way that is misleading or could suggest any type of association, approval or endorsement by us which does not exist.

Contributed Content

Some of the features on 10x Marketing may allow you to upload and or submit content (“Content”). By uploading and or submitting any Content, you represent and warrant that you have all right, title and interest to such posted Content, including but not limited to any consent, and authorization from any third party necessary for you to upload or submit the Content. By uploading or submitting Content, you further agree to give us a non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The Content so uploaded and or submitted further shall not:

Infringe any intellectual property rights or otherwise constitute breach of any agreement with any person or entity;

Defame, be libelous, unlawfully threaten, harass or otherwise contain subject matters that are objectionable;

Be obscene, pornographic or indecent;

Be irrelevant for the purposes of the Services offered on 10x Marketing; and/or

Otherwise breach any law, statute or regulation.

External Links

10x Marketing may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

Termination

Any content uploaded, submitted and/or posted by users are not necessarily pre-screened or reviewed by us for its appropriateness, reliability and or compliance with any laws, and we do not at any time assume such responsibility. We thus make no representation or warranty of any kind, express or implied as to the content uploaded or submitted by users.

Regardless, without assuming any obligation to do so, we may at our sole and absolute discretion, with or without notice and without liability delete any content, suspend or delete any account that in our sole judgment violates any Term and Conditions. If you become aware of any misuse of our Services by other users, please contact us by sending an e-mail to: [email protected]

Without Prejudice

The above is without prejudice to your right to terminate your account and end your use of the 10x Marketing Software at any time and for any or no reason.

User Representations, Warranties and Indemnities

You are solely responsible for the contents uploaded or submitted on 10x Marketing and/or the manner with which you have used the 10x Marketing Software. We do not endorse and have no control over the content. For the avoidance of doubt, any use from your registered account or password shall be deemed to be used and thereby, publication or republication by you, wherever applicable, within the meaning and intent of section 114A of the Evidence Act 1950.

If and when notified by the alleged copyright owner of the content, we shall proceed to remove or disable any access to the content subject to the section 43H of the Copyright Act 1987. You agree to indemnify and hold us, our affiliates, employees and agents harmless from any claim or demand made by any third party, whether actual or alleged that arise out in connection with your use of 10x Marketing, your violation of any terms of the Terms and Conditions, and/or arising out of in connection with the Contents uploaded or submitted by you on 10x Marketing.

Disclaimer of Warranty and Limitation of Liabilities

We provide the 10x Marketing Software on ‘as is’ and ‘as available’ bases. At no times should the estimated campaign performance contents provided in the 10x Marketing Software be considered or construed as a guarantee of said performance estimation. We make no representations or warranties of any kind as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on 10x Marketing for any particular purpose, and to the fullest extent permissible by the applicable laws, we disclaim all said representations or warranties, express or implied.

It shall be your own responsibility to ensure that any products, services or information available through 10x Marketing, meet your specific requirements.

Availability of the 10x Marketing Software

We will use reasonable efforts to ensure that the 10x Marketing Software is available at all times. However, we cannot guarantee that the 10x Marketing Software or any individual function or feature of the 10x Marketing Software will always be available.

In particular, the 10x Marketing Software may be unavailable during periods when we are implementing or carrying out essential maintenance work. The unavailability of the 10x Marketing Software or certain content on 10x Marketing may be due to modification, and temporary or permanent discontinuance which we reserve the right to do so, with or without notice.

You agree that we shall not be liable to you or to any third party for any unavailability, modification, or discontinuance of any content or features.

Survival of Clauses

Clauses 6, and 11-18 will survive the suspension or termination of 10x Marketing for any reason whatsoever.

Severability

If any term in these Terms and Conditions is or becomes invalid, illegal or unenforceable in any respect under the applicable laws, the validity, legality and enforceability of other terms shall not be affected or impaired in any way.

Governing Law and Entire Agreement

These Terms and Conditions, together with our Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of 10x Marketing and shall supersede all previous agreements between you and us in relation to your use of the 10x Marketing Software.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and parties irrevocably submit to the jurisdiction of the courts of Malaysia to hear and determine any dispute or differences out of and/or in connection to these Terms and Conditions.

Copyright © 2024 10X Marketing Sdn Bhd (1559966-X)

D-27-3A, KL GATEWAY, MENARA SUEZCAP 1, 2,

Jalan Kerinchi, Kampung Kerinchi, 59200 KL, Malaysia

All Rights Reserved

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