www.mixmax.com
Open in
urlscan Pro
2606:2c40::c73c:671e
Public Scan
Submitted URL: https://www.mixmax.com/terms
Effective URL: https://www.mixmax.com/legal/terms-of-service
Submission: On February 07 via api from IE — Scanned from DE
Effective URL: https://www.mixmax.com/legal/terms-of-service
Submission: On February 07 via api from IE — Scanned from DE
Form analysis 1 forms found in the DOM
POST https://forms.hsforms.com/submissions/v3/public/submit/formsnext/multipart/8603707/bb5c07d5-db98-4e22-b077-c1682d8c88ef
<form id="hsForm_bb5c07d5-db98-4e22-b077-c1682d8c88ef_5035" method="POST" accept-charset="UTF-8" enctype="multipart/form-data" novalidate=""
action="https://forms.hsforms.com/submissions/v3/public/submit/formsnext/multipart/8603707/bb5c07d5-db98-4e22-b077-c1682d8c88ef"
class="hs-form-private hsForm_bb5c07d5-db98-4e22-b077-c1682d8c88ef hs-form-bb5c07d5-db98-4e22-b077-c1682d8c88ef hs-form-bb5c07d5-db98-4e22-b077-c1682d8c88ef_427bcc40-9003-4abe-acfe-1cb1589182b4 hs-form stacked"
target="target_iframe_bb5c07d5-db98-4e22-b077-c1682d8c88ef_5035" data-instance-id="427bcc40-9003-4abe-acfe-1cb1589182b4" data-form-id="bb5c07d5-db98-4e22-b077-c1682d8c88ef" data-portal-id="8603707" data-hs-cf-bound="true">
<div class="hs_email hs-email hs-fieldtype-text field hs-form-field"><label id="label-email-bb5c07d5-db98-4e22-b077-c1682d8c88ef_5035" class="" placeholder="Enter your Email"
for="email-bb5c07d5-db98-4e22-b077-c1682d8c88ef_5035"><span>Email</span><span class="hs-form-required">*</span></label>
<legend class="hs-field-desc" style="display: none;"></legend>
<div class="input"><input id="email-bb5c07d5-db98-4e22-b077-c1682d8c88ef_5035" name="email" required="" placeholder="Your email" type="email" class="hs-input" inputmode="email" autocomplete="email" value=""></div>
</div>
<div class="hs_blog_mixmax_blog_35806281075_subscription hs-blog_mixmax_blog_35806281075_subscription hs-fieldtype-radio field hs-form-field" style="display: none;"><label
id="label-blog_mixmax_blog_35806281075_subscription-bb5c07d5-db98-4e22-b077-c1682d8c88ef_5035" class="" placeholder="Enter your Notification Frequency"
for="blog_mixmax_blog_35806281075_subscription-bb5c07d5-db98-4e22-b077-c1682d8c88ef_5035"><span>Notification Frequency</span></label>
<legend class="hs-field-desc" style="display: none;"></legend>
<div class="input"><input name="blog_mixmax_blog_35806281075_subscription" class="hs-input" type="hidden" value="instant"></div>
</div>
<div class="hs_submit hs-submit">
<div class="hs-field-desc" style="display: none;"></div>
<div class="actions"><input type="submit" class="hs-button primary large" value="Yes, sign me up"></div>
</div><input name="hs_context" type="hidden"
value="{"embedAtTimestamp":"1675797358980","formDefinitionUpdatedAt":"1674484816031","userAgent":"Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/109.0.5414.119 Safari/537.36","pageTitle":"Terms of Service | Mixmax","pageUrl":"https://www.mixmax.com/legal/terms-of-service","pageId":"48037493413","isHubSpotCmsGeneratedPage":true,"canonicalUrl":"https://www.mixmax.com/legal/terms-of-service","contentType":"site-page","hutk":"28d04e808607190379b7200ce717edcc","__hsfp":1858685340,"__hssc":"218726726.1.1675797360120","__hstc":"218726726.28d04e808607190379b7200ce717edcc.1675797360119.1675797360119.1675797360119.1","formTarget":"#hs_form_target_module_site_footer_blog_subscribe_5035","formInstanceId":"5035","pageName":"Terms of Service | Mixmax","locale":"en","timestamp":1675797360134,"originalEmbedContext":{"portalId":"8603707","formId":"bb5c07d5-db98-4e22-b077-c1682d8c88ef","region":"na1","target":"#hs_form_target_module_site_footer_blog_subscribe_5035","isBuilder":false,"isTestPage":false,"formInstanceId":"5035","formsBaseUrl":"/_hcms/forms","css":"","pageName":"Terms of Service | Mixmax","pageId":"48037493413","contentType":"site-page","formData":{"cssClass":"hs-form stacked"},"isCMSModuleEmbed":true},"correlationId":"427bcc40-9003-4abe-acfe-1cb1589182b4","renderedFieldsIds":["email","blog_mixmax_blog_35806281075_subscription"],"captchaStatus":"NOT_APPLICABLE","emailResubscribeStatus":"NOT_APPLICABLE","isInsideCrossOriginFrame":false,"source":"forms-embed-1.2642","sourceName":"forms-embed","sourceVersion":"1.2642","sourceVersionMajor":"1","sourceVersionMinor":"2642","_debug_allPageIds":{"embedContextPageId":"48037493413","analyticsPageId":"48037493413","pageContextPageId":"48037493413"}}"><iframe
name="target_iframe_bb5c07d5-db98-4e22-b077-c1682d8c88ef_5035" style="display: none;"></iframe>
</form>Text Content
We use cookies to enhance your browsing experience, serve personalized ads or
content, and analyze our traffic. By clicking "Accept" you consent to our use of
cookies. Privacy Policy
Cookies settingsAcceptDecline
* Why Mixmax
* Product
* Product
* Features
* Features
* Sequences + Engagement
* Rules + Workflow
* Reporting
* Calendar + Scheduling
* * Integrations
* Salesforce
* Google Calendar
* Gong
* Slack
* Zoom
* See all integrations
* By Role
* By Role
* Account Executives
* Customer Success
* Revenue Operations
* Sales Development
* Leadership
* See a Product Overview
READY TO TRANSFORM YOUR SALES PROCESS & ENGAGE CUSTOMERS?
Customers Go live in 1 day and see ROI in 6 months
Request a demo
* Pricing
* Pricing Overview
* Mixmax vs. Outreach
* Mixmax vs. Salesloft
* Mixmax vs. Yesware
* Mixmax vs. Groove
* Resources
* Blog
* Knowledge Hub
* Customers
* Product Releases
* Engineering Blog
* Company
* Careers
* Support
* Log In
Menu
TERMS OF SERVICE
We’re committed to keeping your data secure, your private information private,
and being transparent about our practices.
Effective as of May 22, 2018
1. Mixmax Terms of Use
Welcome to Mixmax! We are excited to have you on board. Please read on to learn
the rules and restrictions that govern your use of our website(s), products,
services and applications (collectively, the “Services”). These Terms of Use
(the “Terms”) are a binding contract between you and Mixmax, Inc. (“Mixmax,”
“we” and “us”). If you have any questions, comments, or concerns regarding these
terms or the Services, please contact us at support@mixmax.com.
You must agree to and accept all of the Terms, or you don’t have the right to
use the Services. Your using the Services in any way means that you agree to all
of these Terms, and these Terms will remain in effect while you use the
Services. These Terms include the provisions in this document, as well as those
in the Privacy Policy.
2. Will these terms ever change?
We are constantly improving our Services, so these Terms may need to change
along with the Services. We reserve the right to change the Terms at any time,
but if we do, we will bring it to your attention by placing a notice in the
Mixmax app on https://app.mixmax.com, and/or by sending you an email, and/or by
some other means.
If you don’t agree with the new Terms, you are free to reject them;
unfortunately, that means you will no longer be able to use the Services. If you
use the Services in any way after a change to the Terms is effective, that means
you agree to all of the changes.
Except for changes by us as described here, no amendment or modification of
these Terms will be effective unless in writing and signed by both you and us.
3. What does it cost to use Mixmax?
Though many of our Services are currently free, Mixmax reserves the right to
require payment of fees for certain or all Services, including without
limitation our Starter, Small Business, Growth, and Enterprise level Services.
Please refer to https://www.mixmax.com/pricing/ for details on our Starter,
Small Business, Growth and Enterprise level plans and pricing information. You
shall pay all applicable fees, as described on the Website in connection with
such Services selected by you. All fees are non-refundable. If you select a plan
that requires payment, you will be required to provide Mixmax accurate credit
card and other payment information, and you agree to promptly update your
account information with any changes. The monthly or annual fee will be charged
to you in advance, to the credit card you provided upon enrollment in the plan.
Mixmax reserves the right to change its price list and to institute new charges
at any time. If you are an existing customer and we change prices, we will
notify you by email at least 30 days before the change is to take effect for
your next billing cycle. Your use of the Services following such notification
constitutes your acceptance of any new or increased charges. You are responsible
for all taxes associated with the Services other than U.S. taxes based on
Mixmax’s net income.You may cancel your subscription at any time. For annual
contracts, cancelation will take effect at the end of the contract term. Payment
is required for the full contactual amount and any additional users added. No
refunds will be granted for fees paid.
4. Confidentiality; Feedback
You acknowledge that, in the course of your relationship with Mixmax and in
using the Services, you may obtain information relating to the Services and/or
Mixmax (“Proprietary Information”). Such Proprietary Information shall belong
solely to Mixmax and includes, but is not limited to, the features and mode of
operation of the Services, trade secrets, know-how, inventions (whether or not
patentable), techniques, processes, programs, ideas, algorithms, schematics,
testing procedures, software design and architecture, computer code, internal
documentation, design and function specifications, product requirements, problem
reports, analysis and performance information, benchmarks, software documents,
and other technical, business, product, marketing and financial information,
plans and data. In regard to this Proprietary Information:
(a) You shall not use (except as expressly authorized by this Agreement) or
disclose Proprietary Information without the prior written consent of Mixmax
unless such Proprietary Information becomes generally publicly available without
your breach of this Agreement.
(b) You agree to take reasonable measures to maintain the Proprietary
Information and Services in confidence.
You may, at your discretion, provide feedback to Mixmax with respect the
Services (“Feedback”). Feedback may include, without limitation, new feature
suggestions or errors or difficulties discovered in the Services and the
characteristic conditions and symptoms of the errors and difficulties. Mixmax
shall own all right, title, and interest in the Feedback and you shall and
hereby do make all assignments necessary to accomplish the same.
5. What about my privacy?
Mixmax takes the privacy of its users very seriously. For the current Mixmax
Privacy Policy, please click here. If you are providing us with personal data
about other EU residents, please see our Data Processing Addendum.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online
service providers obtain parental consent before they knowingly collect
personally identifiable information online from children who are under 13. We do
not knowingly collect or solicit personally identifiable information from
children under 16; if you are a child under 16, please do not attempt to
register for the Services or send any personal information about yourself to us.
If we learn we have collected personal information from a child under 16, we
will delete that information as quickly as possible. If you believe that a child
under 16 may have provided us personal information, please contact us
at privacy@mixmax.com.
6. What are the basics of using Mixmax?
Your log-in to the Services is via the Gmail OAuth service, and any messages you
send through the Services originate with your Gmail account and, for example,
will be saved into your Gmail “sent” folder).
You represent and warrant that you are of legal age to form a binding contract
(or if not, you’ve received your parent’s or guardian’s permission to use the
Services and gotten your parent or guardian to agree to these Terms on your
behalf). If you’re agreeing to these Terms on behalf of an organization or
entity, you represent and warrant that you are authorized to agree to these
Terms on that organization or entity’s behalf and bind them to these Terms (in
which case, the references to “you” and “your” in these Terms, except for in
this sentence, refer to that organization or entity).
You will only use the Services in a manner that complies with all laws that
apply to you. If you are using Mixmax open, click or download tracking, our
Services will collect activities data about the recipient of your email. In
order to use these features, you are responsible in getting any required consent
of such recipients. If your use of the Services is prohibited by applicable
laws, then you aren’t authorized to use the Services. We can’t and won’t be
responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect
the security of your account and your password. You’re responsible for any
activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or
User Submission (each of those terms is defined below) or otherwise use the
Services or interact with the Services in a manner that:
1. Infringes or violates the intellectual property rights or any other rights
of anyone else (including Mixmax);
2. Violates any law or regulation, including, without limitation, any
applicable export control laws;
3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory,
obscene, or otherwise objectionable;
4. Jeopardizes the security of your Mixmax account or anyone else’s (such as
allowing someone else to log in to the Services as you);
5. Attempts, in any manner, to obtain the password, account, or other security
information from any other user;
6. Violates the security of any computer network, or cracks any passwords or
security encryption codes;
7. Runs Maillist, Listserv, any form of auto-responder or “spam” on the
Services, or any processes that run or are activated while you are not
logged into the Services, or that otherwise interfere with the proper
working of the Services (including by placing an unreasonable load on the
Services’ infrastructure);
8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating
to the Services or Content (through use of manual or automated means);
9. Copies or stores any significant portion of the Content;
10. Decompiles, reverse engineers, or otherwise attempts to obtain the source
code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to
use or access the Services.
7. What are my rights when using Mixmax?
The materials displayed or performed or available on or through the Services,
including, but not limited to, text, graphics, data, articles, photos, images,
illustrations, User Submissions, and so forth (all of the foregoing, the
“Content”) are protected by copyright and/or other intellectual property laws.
You promise to abide by all copyright notices, trademark rules, information, and
restrictions contained in any Content you access through the Services, and you
won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit,
distribute, perform, upload, display, license, sell or otherwise exploit for any
purpose any Content not owned by you, (i) without the prior consent of the owner
of that Content or (ii) in a way that violates someone else’s (including
Mixmax’s) rights.
You understand that Mixmax owns the Services and “Mixmax” (the “Trademark”) is a
registered trademark of Mixmax. You won’t modify, publish, transmit, participate
in the transfer or sale of, reproduce (except as expressly provided in this
Section), create derivative works based on, or otherwise exploit any of the
Services and Trademark.
The Services may allow you to copy or download certain Content; please remember
that just because this functionality exists, doesn’t mean that all the
restrictions above don’t apply – they do!
8. Do I have to grant any licenses to Mixmax or to other users?
Anything you submit, share, store, or otherwise provide through the Services is
your “User Submission.” You retain ownership of your User Submissions (subject
to the licenses below and any third party rights therein). Some User Submissions
are viewable by other users, for example, anything you send to your recipients
via email will be viewable by them. In addition, User Submissions are viewable
when you share a Sequence or Template, share an email via a share link, and when
you enable people in your organization to view your messages in the Live Feed.
In order to display your User Submissions on the Services, and to allow other
users to enjoy them (where applicable), you grant us certain rights in those
User Submissions. Please note that all of the following licenses are subject to
our Privacy Policy to the extent they relate to User Submissions that are also
your personally-identifiable information.
For all User Submissions, you hereby grant Mixmax a license to translate, modify
(for technical purposes, for example making sure your content is viewable on an
iPhone as well as a computer) and reproduce and otherwise act with respect to
such User Submissions, in each case to enable us to operate the Services, as
described in more detail below. This is a license only – your ownership in User
Submissions is not affected.
If you store a User Submission in your own personal Mixmax account, in a manner
that is not viewable by any other user except you (a “Personal User
Submission”), you grant Mixmax the license above, as well as a license to
display, perform, and distribute your Personal User Submission for the sole
purpose of making that Personal User Submission accessible to you and providing
the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified
users can view (for example, a private message to one or more other users, via a
shared Template or Sequence, or via enabling members of your organization to see
your emails in the Live Feed)(a “Limited Audience User Submission”), then you
grant Mixmax the licenses above, as well as a license to display, perform, and
distribute your Limited Audience User Submission for the sole purpose of making
that Limited Audience User Submission accessible to such other specified users,
and providing the Services necessary to do so. Also, you grant such other
specified users a license to access that Limited Audience User Submission, and
to use and exercise all rights in it, as permitted by the functionality of the
Services.
If you share a User Submission publicly on the Services and/or in a manner that
more than just you or certain specified users can view, or if you provide us (in
a direct email or otherwise) with any feedback, suggestions, improvements,
enhancements, and/or feature requests relating to the Services, or if you share
your emails using a share link (each of the foregoing, a “Public User
Submission”), then you grant Mixmax the licenses above, as well as a license to
display, perform, and distribute your Public User Submission for the purpose of
making that Public User Submission accessible to all Mixmax users and providing
the Services necessary to do so, as well as all other rights necessary to use
and exercise all rights in that Public User Submission in connection with the
Services and/or otherwise in connection with Mixmax’s business for any purpose,
provided that Mixmax will try to notify you if it uses your Public User
Submission for any reason other than displaying it on the Services. Also, you
grant all other users of the Services a license to access that Public User
Submission, and to use and exercise all rights in it, as permitted by the
functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual,
sublicenseable, irrevocable, and worldwide, provided that when you delete your
Mixmax account, we will stop displaying your User Submissions (other than
Limited Audience User Submissions and Public User Submissions, which may remain
fully available to other users), but you understand and agree that it may not be
possible to completely delete that content from Mixmax’s records, and that your
User Submissions may remain viewable elsewhere to the extent that they were
copied or stored by other users. In addition, User Submission that are sent to
other users (such as emails or email attachments) may be retained by the
recipient users.
Finally, you understand and agree that Mixmax, in performing the required
technical steps to provide the Services to our users (including you), may need
to make changes to your User Submissions to conform and adapt those User
Submissions to the technical requirements of connection networks, devices,
services, or media, and the foregoing licenses include the rights to do so.
9. Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the
Services is the sole responsibility of the person from whom such content
originated, and you access all such information and content at your own risk,
and we aren’t liable for any errors or omissions in that information or content
or for any damages or loss you might suffer in connection with it. We cannot
control and have no duty to take any action regarding how you may interpret and
use the Content or what actions you may take as a result of having been exposed
to the Content, and you hereby release us from all liability for you having
acquired or not acquired Content through the Services. We can’t guarantee the
identity of any users with whom you interact in using the Services and are not
responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the
Services, and you represent and warrant you have all rights necessary to do so,
in the manner in which you contribute it. You will keep all your registration
information accurate and current. You are responsible for all your activity in
connection with the Services.
The Services may contain links or connections to third party websites or
services that are not owned or controlled by Mixmax. When you access third party
websites or use third party services, you accept that there are risks in doing
so, and that Mixmax is not responsible for such risks. We encourage you to be
aware when you leave the Services and to read the terms and conditions and
privacy policy of each third party website or service that you visit or utilize.
Mixmax has no control over, and assumes no responsibility for, the content,
accuracy, privacy policies, or practices of or opinions expressed in any third
party websites or by any third party that you interact with through the
Services. In addition, Mixmax will not and cannot monitor, verify, censor or
edit the content of any third party site or service. By using the Services, you
release and hold us harmless from any and all liability arising from your use of
any third party website or service.
10. Will Mixmax ever change the Services?
We’re always trying to improve the Services, so they may change over time. We
may suspend or discontinue any part of the Services, or we may introduce new
features or impose limits on certain features or restrict access to parts or all
of the Services. We’ll try to give you notice when we make a material change to
the Services that would adversely affect you, but this isn’t always practical.
Similarly, we reserve the right to remove any Content from the Services at any
time, for any reason, in our sole discretion, and without notice.
11. What if I want to stop using Mixmax?
You’re free to do that at any time, by contacting us at support@mixmax.com;
please refer to our Privacy Policy, as well as the licenses above, to understand
how we treat information you provide to us after you have stopped using our
Services.
Mixmax is also free to terminate (or suspend access to) your use of the Services
or your account, for any reason in our discretion, including your breach of
these Terms. Mixmax has the sole right to decide whether you are in violation of
any of the restrictions set forth in these Terms.
Account termination may result in deletion of any Content associated with your
account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms
shall survive termination. By way of example, all of the following will survive
termination: any obligation you have to pay us or indemnify us, any limitations
on our liability, any terms regarding ownership or intellectual property rights,
and terms regarding disputes between us.
12. What else do I need to know?
a. Warranty Disclaimer
Neither Mixmax nor its licensors or suppliers make any representations or
warranties concerning any content contained in or accessed through the Services,
and we will not be responsible or liable for the accuracy, copyright compliance,
legality, or decency of material contained in or accessed through the Services.
We will not be responsible or liable for the uptime or reliability of the
Services. We (and our licensors and suppliers) make no representations or
warranties regarding suggestions or recommendations of services or products
offered or purchased through the Services. THE SERVICES AND CONTENT ARE PROVIDED
BY Mixmax (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT
WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
b. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT
LIABILITY, OR OTHERWISE) SHALL Mixmax (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE
TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF
GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF
(I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Mixmax IN CONNECTION WITH THE
SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR
(III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND
EXCLUSIONS MAY NOT APPLY TO YOU.
c. Indemnification
To the fullest extent allowed by applicable law, you agree to indemnify and hold
Mixmax, its affiliates, officers, agents, employees, and partners harmless from
and against any and all claims, liabilities, damages (actual and consequential),
losses and expenses (including attorneys’ fees) arising from or in any way
related to any third party claims relating to (a) your use of the Services
(including any actions taken by a third party using your account), and (b) your
violation of these Terms. In the event of such a claim, suit, or action
(“Claim”), we will attempt to provide notice of the Claim to the contact
information we have for your account (provided that failure to deliver such
notice shall not eliminate or reduce your indemnification obligations
hereunder).
d. Assignment
You may not assign, delegate or transfer these Terms or your rights or
obligations hereunder, or your Services account, in any way (by operation of law
or otherwise) without Mixmax’s prior written consent. We may transfer, assign,
or delegate these Terms and our rights and obligations without consent.
e. Disputes
Ideally, if you have any concerns or complaint against Mixmax, we would like to
resolve the issue without resorting to formal court or arbitration proceedings.
Therefore, before filing a claim against Mixmax, you agree to try to resolve the
dispute informally by contacting support@mixmax.com. Mixmax will attempt to
resolve the dispute informally (and will contact you via email). If a dispute is
not resolved within 30 days of submission, you may bring a formal proceeding
f. Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of
California, without regard to the conflicts of laws provisions thereof. Any
dispute arising from or relating to the subject matter of these Terms, that is
not solved via the dispute mechanisms above, shall be finally settled in San
Francisco County, California, in English, in accordance with the Streamlined
Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services,
Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial
experience in resolving intellectual property and commercial contract disputes,
who shall be selected from the appropriate list of JAMS arbitrators in
accordance with such Rules. Judgment upon the award rendered by such arbitrator
may be entered in any court of competent jurisdiction. Notwithstanding the
foregoing obligation to arbitrate disputes, each party shall have the right to
pursue injunctive or other equitable relief at any time, from any court of
competent jurisdiction. For all purposes of this Agreement, the parties consent
to exclusive jurisdiction and venue in the state or federal courts located in,
respectively, San Francisco County, California, or the Northern District of
California. Any arbitration under these Terms will take place on an individual
basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND
AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND MIXMAX ARE EACH WAIVING THE
RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
g. Miscellaneous
You will be responsible for paying, withholding, filing, and reporting all
taxes, duties, and other governmental assessments associated with your activity
in connection with the Services, provided that the Mixmax may, in its sole
discretion, do any of the foregoing on your behalf or for itself as it sees fit.
The failure of either you or us to exercise, in any way, any right herein shall
not be deemed a waiver of any further rights hereunder. If any provision of
these Terms is found to be unenforceable or invalid, that provision will be
limited or eliminated, to the minimum extent necessary, so that these Terms
shall otherwise remain in full force and effect and enforceable. You and Mixmax
agree that these Terms are the complete and exclusive statement of the mutual
understanding between you and Mixmax, and that it supersedes and cancels all
previous written and oral agreements, communications and other understandings
relating to the subject matter of these Terms. You hereby acknowledge and agree
that you are not an employee, agent, partner, or joint venture of Mixmax, and
you do not have any authority of any kind to bind Mixmax in any respect
whatsoever. You and Mixmax agree there are no third party beneficiaries intended
under these Terms.
SECURITY YOU CAN TRUST
* GDPR COMPLIANT
* HEAVY PENETRATION TESTING
* DATA PRIVACY & ENCRYPTION
* PRIVACY SHIELD CERTIFIED
* TRUSTARC CERTIFIED
* SOC 2 TYPE II
Our Approach to Security
SIGN UP TO THE MIXER NEWSLETTERSIGN UP TO OUR NEWSLETTER TO GET FRESH SALES
CONTENT DELIVERED RIGHT TO YOUR INBOX.
Email*
Notification Frequency
* Facebook
* Linkedin
* Twitter
* YouTube
* Home
* Why Mixmax?
* Product
* Sequences + Engagement
* Rules + Workflow
* Reporting
* Calendar + Scheduling
* Integrations
* Role
* Account Executive
* Customer Success
* Revenue Operations
* Sales Development
* Leadership
* Pricing
* Resources
* Knowledge Hub
* Customers
* Company
* About
* Careers
* Support
* Platform Status
* Legal
©2023 Mixmax, Inc. All rights reserved.
* Fair Billing Policy
* GDPR
* Terms of Service
* Privacy Policy
* Security
* Why Mixmax
* Product
* Product
* Features
* Features
* Sequences + Engagement
* Rules + Workflow
* Reporting
* Calendar + Scheduling
* * Integrations
* Salesforce
* Google Calendar
* Gong
* Slack
* Zoom
* See all integrations
* By Role
* By Role
* Account Executives
* Customer Success
* Revenue Operations
* Sales Development
* Leadership
* See a Product Overview
READY TO TRANSFORM YOUR SALES PROCESS & ENGAGE CUSTOMERS?
Customers Go live in 1 day and see ROI in 6 months
Request a demo
* Pricing
* Pricing Overview
* Mixmax vs. Outreach
* Mixmax vs. Salesloft
* Mixmax vs. Yesware
* Mixmax vs. Groove
* Resources
* Blog
* Knowledge Hub
* Customers
* Product Releases
* Engineering Blog
* Company
* Careers
* Support
* Log In
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word word word word word word word word word
word word word word word word word word
mmMwWLliI0fiflO&1
mmMwWLliI0fiflO&1
mmMwWLliI0fiflO&1
mmMwWLliI0fiflO&1
mmMwWLliI0fiflO&1
mmMwWLliI0fiflO&1
mmMwWLliI0fiflO&1