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Notifox
EFFECTIVE DATE: September 2, 2025

TERMS & CONDITIONS

For purposes of these Terms, "Notifox" refers to the notification service provided by Van Eetvelde Ventures LLC, doing business as Notifox (the "Service").

These Terms & Conditions ("Terms") govern your access to and use of the Service.

By accessing or using the Service, you agree to be bound by these Terms.

1. ELIGIBILITY & ACCOUNTS

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

2. ACCEPTABLE USE

You agree not to misuse the Service. Prohibited uses include, without limitation:

  - Unlawful content
  - Harassment
  - Phishing
  - Sending messages to unverified numbers
  - Circumventing our number verification process
  - Attempting to interfere with or disrupt the Service

You are responsible for the content of messages you send and ensuring that you have the legal right to send messages to all verified numbers in your account.

3. FEES & BILLING

  - Credit System: The Service operates on a prepaid credit system. You purchase credits in advance which are consumed based on your usage as described in your dashboard or order form.
  - Credit Expiration: Unused credits will expire and become non-refundable if there has been no account activity for a continuous period of 36 months. 'Account activity' includes, without limitation, logging in, sending alerts, or purchasing credits. We may provide notice before expiration but are not obligated to do so.
  - Payment Authorization: You authorize us and our payment processors to charge your payment method for all fees and applicable taxes. You also authorize us to charge your payment method for any negative account balances, disputed transactions that are later resolved against you, chargebacks, or refunded credits that were improperly obtained.
  - Overage Protection: If your usage exceeds your available credit balance, we may suspend service or, at our discretion, allow temporary negative balances. You agree to immediately pay any negative balances upon notice.
  - Refund Policy: All fees and credits are non-refundable except as required by law. Credits obtained through fraud, chargebacks, or payment disputes that are later reversed may be deducted from your account or charged to your payment method.
  - Collection Rights: If you owe us money for any reason (including negative balances, disputed transactions, or collection of improperly refunded credits), we may pursue collection through any lawful means, and you agree to pay our reasonable collection costs including attorneys' fees.

4. INTELLECTUAL PROPERTY

The Service, including software, documentation, and trademarks, is owned by Van Eetvelde Ventures LLC dba Notifox and its licensors. These Terms do not grant you any rights to our trademarks or other intellectual property.

5. THIRD-PARTY SERVICES

The Service depends on third-party services (carriers, cloud providers, payment processors). We are not responsible for third-party service performance, availability, or compliance, and disclaim all liability arising from their acts, omissions, or policy changes.

6. SERVICE RELIABILITY

We target a monthly uptime of 99.5%, excluding scheduled maintenance and events beyond our reasonable control such as force majeure. While we strive to provide reliable message delivery and maintain high service availability, SMS delivery depends on third-party carriers and network infrastructure beyond our control. We are committed to working with customers in good faith to address service issues.

7. SECURITY

We implement reasonable technical and organizational measures to protect your data against unauthorized access, disclosure, alteration, and destruction. However, no service is completely secure, and we cannot guarantee absolute security.

8. DATA RETENTION & PRIVACY

Message content and logs may be retained for operational, compliance, and legal purposes as described in our Privacy Policy. We may retain data as required by law, carrier agreements, or for dispute resolution. Your use of the Service is subject to our Privacy Policy, and you agree that we may process personal data to provide and improve the Service.

9. INTERNATIONAL USERS & DATA PROCESSING

If you access or use the Service from outside the United States, you consent to the processing and transfer of your information in and to the United States, which may have different data protection laws than your jurisdiction.

10. EXPORT CONTROL & OFAC COMPLIANCE

You agree to comply with all applicable U.S. export control laws, economic sanctions, and trade restrictions, including those administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). You represent that you are not located in, under the control of, or a national or resident of any restricted country or designated person under these laws.

11. CARRIER RELATIONSHIP DISCLAIMER

You acknowledge that Van Eetvelde Ventures LLC dba Notifox is not a mobile carrier and does not itself provide telecommunications services. We act solely as a software service provider, and message delivery depends on third-party carriers and networks. We make no warranty regarding the performance, availability, or compliance of those carriers.

12. REGULATORY COMPLIANCE & CHANGES

You acknowledge that messaging regulations and carrier requirements may change. We may modify the Service, impose additional verification requirements, or suspend features to maintain compliance. You are responsible for maintaining proper verification status for your numbers and complying with applicable telecommunications laws.

13. DISCLAIMERS

We strive to provide a reliable and secure Service, but no technology is perfect. To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except where prohibited by law.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Van Eetvelde Ventures LLC DBA NOTIFOX AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE, EXCEPT IN CASES OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INDEMNIFICATION OBLIGATIONS.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

15. INDEMNIFICATION

You agree to indemnify and hold harmless Van Eetvelde Ventures LLC dba Notifox, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to:

  - Your use of the Service or violation of these Terms
  - Your messaging practices or content
  - Regulatory violations or non-compliance
  - Carrier fees, penalties, or actions
  - Third-party claims related to your messages
  - Violations of privacy, telecommunications, or marketing laws

We agree to indemnify and hold harmless our customers against any claims that the Service infringes any U.S. intellectual property rights, except to the extent such claims arise from your misuse of the Service or combination with third-party products.

16. USAGE LIMITS & FAIR USE POLICY

You agree to reasonable usage limits as determined by us and displayed in your dashboard. We may implement rate limiting, volume restrictions, or temporary suspensions to prevent abuse, ensure service quality, or maintain compliance. Excessive usage that impacts service performance or violates carrier guidelines may result in account suspension or additional fees.

17. AUDIT RIGHTS

We reserve the right to audit your use of the Service, upon reasonable notice, to verify compliance with these Terms and applicable laws. You agree to reasonably cooperate with any such audit, including by providing documentation related to your messaging practices.

18. TERMINATION

We may suspend or terminate your access to the Service immediately if we believe you have violated these Terms, applicable laws, or carrier requirements, or if necessary to protect the Service, comply with regulations, or protect other users. You may stop using the Service at any time. Sections that by their nature should survive termination will survive (e.g., Fees, IP, Disclaimers, Liability, Indemnification).

19. FORCE MAJEURE

Van Eetvelde Ventures LLC dba Notifox shall not be liable or responsible for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, governmental actions, labor disputes, internet or telecommunications failures, or interruptions of third-party service providers.

20. GOVERNING LAW

These Terms are governed by the laws of the State of Utah, USA, without regard to its conflict of laws principles. Any disputes will be resolved in the state or federal courts located in Salt Lake County, Utah.

21. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

22. CHANGES TO THESE TERMS

We may modify these Terms from time to time to reflect legal, regulatory, or operational changes. Material changes will be posted on this page with an updated effective date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

23. CONTACT

Questions about these Terms? Email info@vaneetveldeventures.com.