Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you ("you," "your," or "Customer") and TraxionLab LLC ("TraxionLab," "we," "us," or "our").

By creating an account, subscribing to a plan, or using any part of the TraxionLab platform, website, or services, you agree to these Terms. If you do not agree, do not use TraxionLab.

We may update these Terms from time to time. When we make material changes, we will notify you by email or through the platform. The version posted on our website at any given time is the controlling version. Your continued use of TraxionLab after changes are posted constitutes acceptance of the updated Terms. If you disagree with any changes, you may cancel your subscription at any time.

2. What TraxionLab Is

TraxionLab is a cloud-based business operating platform designed for independent business owners and small to mid-size companies. The platform includes customer relationship management (CRM), email and SMS messaging, scheduling and booking, reputation management, website and funnel building, automation workflows, pipeline analytics, reporting, and related tools.

TraxionLab is built on and powered by third-party cloud infrastructure and software services. While we manage your experience and relationship with the platform, certain core features and functionality depend on technology provided by our platform partners. We carefully select and monitor our technology partners, but disruptions or changes to their services may affect TraxionLab functionality.

Depending on your subscription tier, TraxionLab also includes coaching, consulting, onboarding support, and custom implementation services.

TraxionLab is operated by TraxionLab LLC, based in Utah, and is affiliated with related training and consulting brands under common ownership.

3. Eligibility and Accounts

Eligibility

You must be at least 18 years old and have the legal authority to enter into a binding agreement to use TraxionLab. By creating an account, you confirm that you meet these requirements.

Account Registration

To use TraxionLab, you must create an account and provide accurate, current, and complete information. You agree to keep your account information up to date.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@traxionlab.com if you believe your account has been compromised. TraxionLab is not liable for any loss or damage arising from unauthorized use of your account.

One Account Per Business

Each TraxionLab account is intended for a single business entity. Sub-users and team logins are available within the limits of your subscription tier.

4. Subscription Plans, Billing, and Payment

Subscription Tiers

TraxionLab offers multiple subscription plans with different feature sets, support levels, and included messaging credits. Current plan details, pricing, features, and inclusions are described on our pricing page at traxionlab.com/pricing. The pricing page is incorporated by reference into these Terms.

We reserve the right to change our pricing at any time. Price changes to existing subscriptions will be communicated at least 30 days in advance via email. If you do not agree with a price change, you may cancel your subscription before the new pricing takes effect.

Free Trial

TraxionLab offers a 30-day free trial for eligible new subscribers. During the trial, you have access to the features of your selected plan. At the end of the trial period, your subscription will begin, and you will be billed at the applicable monthly rate unless you cancel before the trial ends. We will send you a reminder before your trial ends and your first payment is processed. The trial conversion amount, billing date, and cancellation instructions will be clearly displayed during sign-up and in your trial reminder notification.

Billing

Subscriptions are billed monthly. Payment is due at the beginning of each billing cycle. All fees are in U.S. dollars.

Usage-Based Charges

In addition to your monthly subscription, you are responsible for usage-based charges incurred through the platform. These include, but are not limited to:

• SMS and MMS text messages sent and received
• Emails sent through the platform
• Phone calls (inbound and outbound)
• AI features and services (where applicable)

Usage charges are billed based on actual consumption. Messaging credits included in your plan are applied first; charges beyond your included credits are billed at the applicable rates. Unused credits do not roll over to the next month.

Current usage rates are available within your account dashboard.

Payment Methods

We accept payment by credit card, processed securely through Stripe. By providing your payment information, you authorize us to charge your payment method for all applicable fees.

Failed Payments

If a payment fails, we will attempt to process it again and notify you. If payment remains unsuccessful, we may suspend access to your account until the balance is resolved. Continued failure to pay may result in account termination.

Setup Fees and Cancellation

By default, TraxionLab does not charge setup fees for standard self-serve onboarding. If you request hands-on implementation assistance, custom configuration, or white-glove setup services beyond what is included in your subscription tier, a setup or implementation fee may apply. Any such fees will be communicated and agreed upon before work begins.

There are no cancellation penalties. You may cancel your subscription at any time.

Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately. Downgrades take effect at the start of your next billing cycle. No prorated refunds are issued for downgrades or cancellations mid-cycle.

Refunds

Subscription fees are non-refundable once a billing cycle has begun. Usage-based charges are non-refundable. If you believe you have been billed in error, contact us at support@traxionlab.com within 30 days of the charge, and we will review your account.

5. Text Messaging Terms

TraxionLab provides SMS and text messaging tools as part of the platform. This section applies to all text messaging activity conducted through TraxionLab.

Program Information

Program Name: TraxionLab

Program Description: TraxionLab enables businesses to send and receive text messages for purposes including appointment reminders, follow-up communications, review requests, booking confirmations, promotional messages, and general business communications.

Opt-Out

You can cancel the SMS service at any time. Simply text STOP to the sending number. Upon sending STOP, we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

Help

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to support@traxionlab.com.

Carrier and Delivery Disclaimer

Carriers are not liable for delayed or undelivered messages. TraxionLab is not a telecommunications carrier and does not guarantee the delivery, timing, or receipt of any text message, email, or voice communication sent through the platform. Message delivery depends on third-party carriers, network conditions, recipient device settings, and other factors outside our control. TraxionLab is not liable for any damages, losses, or missed opportunities resulting from delayed, failed, or undelivered messages.

Message and Data Rates

Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.

Age Restriction

You must be 18 years or older to participate in our SMS program.

Privacy

For privacy-related inquiries, please refer to our Privacy Policy.

Your Responsibilities as a TraxionLab User Sending Messages

When you use TraxionLab to send text messages to your customers, clients, or leads, you are solely responsible for:

• Obtaining proper consent from each message recipient before sending
• Complying with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all carrier and industry requirements
• Providing clear opt-out instructions in your messages
• Honoring opt-out requests promptly
• Maintaining records of consent
• Ensuring your messages are truthful and not misleading

TraxionLab provides tools to help you manage consent and compliance, but the legal responsibility for your messaging practices rests with you.

Prohibited Content

You may not use TraxionLab's messaging tools to send content that:

• Constitutes phishing, smishing, or social engineering
• Contains illegal content (content must be legal federally and in all 50 states)
• Violates SHAFT guidelines (sex, hate, alcohol, firearms, tobacco) without proper compliance with federal and state regulations
• Is unsolicited spam or bulk messages without proper consent
• Misrepresents the identity of the sender

Violations of these policies may result in immediate account suspension and may incur carrier-imposed fines, which will be passed through to you. Carrier fines for prohibited content range from $500 to $2,000 per violation, depending on severity. You acknowledge and agree that carrier-imposed fines are your sole responsibility and will be invoiced separately or charged to your payment method on file.

Compliance with Industry Standards

TraxionLab and its messaging services comply with applicable industry standards, including CTIA guidelines and carrier requirements for A2P 10DLC messaging.

Email Communications

TraxionLab also provides email marketing and transactional email capabilities. When you use TraxionLab to send emails to your customers, clients, or leads, you are responsible for complying with the CAN-SPAM Act and all other applicable email marketing laws. This includes providing a valid physical mailing address in your emails, including a clear and functioning unsubscribe mechanism, honoring unsubscribe requests within 10 business days, using accurate sender information and non-deceptive subject lines, and properly identifying commercial messages as advertisements where required. TraxionLab provides tools to help you manage email compliance, including unsubscribe handling, but the legal responsibility for your email practices rests with you.

6. Acceptable Use

You agree to use TraxionLab only for lawful purposes and in accordance with these Terms. You may not:

• Use the platform to send spam, unsolicited messages, or communications that violate any law
• Upload, store, or transmit viruses, malware, or any harmful code
• Attempt to gain unauthorized access to the platform, other accounts, or related systems
• Reverse engineer, decompile, or disassemble any part of the platform
• Resell, sublicense, or redistribute access to the platform without our written authorization
• Use the platform in any way that could damage, disable, overburden, or impair our infrastructure
• Misrepresent your identity or affiliation with any person or entity
• Collect or harvest personal information from other users without consent
• Use the platform to facilitate discrimination, harassment, or any illegal activity
• Violate any applicable local, state, national, or international law or regulation

We reserve the right to investigate suspected violations and to suspend or terminate accounts that violate these Terms, with or without notice.

7. Coaching and Consulting Services

Service Description

TraxionLab includes coaching and consulting services at applicable subscription tiers. The specific coaching services included with each tier — such as group coaching calls, one-on-one strategy sessions, and custom implementation support — are described on our pricing page at traxionlab.com/pricing.

Coaching services may include business strategy discussions, platform training, marketing guidance, operational advice, and accountability support.

Scheduling and Attendance

Coaching sessions are scheduled in advance and communicated via the platform, email, or calendar invitations. If you need to reschedule a one-on-one session, provide at least 24 hours' notice. Missed sessions without notice are forfeited and will not be rescheduled or credited.

Group coaching calls are held on a set schedule. Recordings may be made available when possible, but attendance is not guaranteed to be archived.

Nature of Advice and Limitation of Responsibility

Coaching and consulting services are advisory in nature. TraxionLab coaches share insights, strategies, frameworks, and recommendations based on experience — but we do not guarantee specific business results, revenue increases, or outcomes. Your results depend on many factors outside our control, including your execution, market conditions, and business circumstances.

All coaching and consulting content represents the opinions and perspectives of TraxionLab and its coaches. You are solely responsible for evaluating the advice provided and for any decisions you make or actions you take based on coaching interactions. TraxionLab is not liable for any business decisions, financial outcomes, or consequences that result from following or not following advice received through our coaching and consulting services.

The coaching relationship does not create a fiduciary, legal, financial, or professional advisory relationship. TraxionLab coaches are not your attorneys, accountants, or licensed financial advisors. Coaching does not constitute legal, financial, tax, or professional advice. For such matters, consult a qualified professional.

Confidentiality

Information shared during coaching sessions is treated as confidential. We will not disclose your business information to third parties without your consent, except as required by law. See Section 13 of our Privacy Policy for details.

Within group coaching sessions, you acknowledge that other participants may hear information you share. Exercise your own judgment about what you disclose in a group setting.

Intellectual Property in Coaching

Frameworks, templates, strategies, worksheets, and other materials provided during coaching sessions remain the intellectual property of TraxionLab LLC. You may use these materials for your own business purposes but may not redistribute, resell, or republish them without our written permission.

8. Intellectual Property

Our Property

The TraxionLab platform, website, brand, logo, content, features, templates, automations, snapshots, documentation, and all related intellectual property are owned by TraxionLab LLC. These Terms do not grant you any ownership rights in our intellectual property.

You may not copy, modify, distribute, sell, or create derivative works based on our platform or content without our written permission.

Your Content

You retain ownership of the content you create, upload, or input into the platform, including your customer data, business information, marketing materials, and communications. By using TraxionLab, you grant us a limited, non-exclusive license to use, store, process, and display your content solely for the purpose of providing the platform and services to you.

We will not use your content for our own marketing purposes or share it with third parties except as described in our Privacy Policy and these Terms.

Feedback

If you provide feedback, suggestions, or ideas about TraxionLab, we may use them to improve our platform without any obligation to you.

9. Copyright Infringement and DMCA

TraxionLab respects the intellectual property rights of others and expects its users to do the same. If you believe that content hosted on or accessible through the TraxionLab platform infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (DMCA).

Filing a DMCA Takedown Notice

To file a DMCA takedown notice, send a written notification to our designated agent that includes:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing, including the URL or other specific location on our platform where the material is found
• Your contact information, including name, address, telephone number, and email address
• A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Designated DMCA Agent

Counter-Notification

If you believe that content you posted was removed or disabled in error, you may submit a counter-notification that includes:

• Your physical or electronic signature
• Identification of the material that was removed and the location where it appeared before removal
• A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in your district (or in the District of Utah if you reside outside the United States) and that you will accept service of process from the person who provided the original DMCA notification

Repeat Infringers

TraxionLab may, in appropriate circumstances and at our sole discretion, suspend or terminate the accounts of users who are repeat infringers of copyright.

User Responsibility

You are solely responsible for ensuring that the content you upload, create, or publish through the TraxionLab platform — including websites, funnels, landing pages, emails, and other materials — does not infringe the intellectual property rights of any third party. TraxionLab is not obligated to monitor user content for infringement but reserves the right to remove or disable access to content that is alleged to be infringing.

10. Data Ownership and Portability

Your Data Is Yours

You own the data you input into TraxionLab, including your contacts, conversations, pipeline data, customer records, and business information. TraxionLab does not claim ownership of your data and will not hold your data hostage if you choose to leave.

Export

TraxionLab provides data export capabilities. You can export your contacts, records, and other data from the platform at any time during your active subscription.

Transitioning to Another Vendor

If you decide to move to a different platform or vendor, we will make reasonable efforts to assist with a smooth transition. Standard data exports (contacts, records, conversation history, and other exportable data) are available through the platform's built-in export tools. If you need assistance with your transition, our support team can help guide you through the export process. We will not restrict, delay, or penalize you for choosing to move your data to another provider.

Please note that certain platform-specific configurations — such as automation workflows, funnel designs, and custom-built templates — may not be directly transferable to other platforms due to differences in how systems are structured. We recommend exporting your data before cancelling your account.

Upon Termination

After your account is cancelled or terminated, we will retain your data for 30 days to allow you to request an export. After 30 days, your data may be permanently deleted. Certain information may be retained longer as required by law or for legitimate business purposes (such as billing records and compliance documentation).

11. Third-Party Services and Integrations

TraxionLab integrates with and relies on third-party services, including but not limited to payment processing (Stripe), SMS and voice services, email delivery, Google services, Facebook, and others. The core TraxionLab platform is built on third-party software infrastructure, and certain features depend on the continued availability and performance of our platform technology partners.

Your use of these third-party services is governed by their respective terms and privacy policies. TraxionLab is not responsible for the availability, performance, or practices of third-party services, including our underlying platform infrastructure providers.

If a third-party service — including our core platform provider — experiences an outage or changes its terms in a way that affects TraxionLab functionality, we will make reasonable efforts to address the impact but are not liable for disruptions caused by third parties.

12. Availability and Maintenance

TraxionLab is provided as a cloud-based service. We make reasonable efforts to maintain platform availability but do not guarantee uninterrupted, error-free, or completely secure operation.

We may perform scheduled maintenance, updates, or improvements that temporarily affect availability. Where possible, we will provide advance notice of planned downtime.

We are not liable for service interruptions caused by circumstances beyond our reasonable control, including internet outages, hosting provider issues, power failures, natural disasters, cyberattacks or distributed denial-of-service attacks, third-party platform provider outages, government actions or orders, pandemics or public health emergencies, labor disputes, or other events beyond our reasonable control, whether or not foreseeable.

13. Disclaimer of Warranties

TRAXIONLAB IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR BE COMPLETELY SECURE. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR DATA ON THE PLATFORM.

YOUR USE OF TRAXIONLAB IS AT YOUR OWN RISK.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAXIONLAB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF TRAXIONLAB SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO TRAXIONLAB IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless TraxionLab LLC and its officers, directors, employees, agents, affiliates, and related entities from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Content you upload, create, or transmit through the platform
• Text messages or other communications you send through the platform
• Your breach of any third-party rights
• Any dispute between you and your customers or clients

16. Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law principles.

Informal Resolution

Before initiating formal proceedings, you agree to contact us at support@traxionlab.com to attempt to resolve any dispute informally. We will make a good-faith effort to resolve the matter within 30 days.

Arbitration

If we cannot resolve a dispute informally, you and TraxionLab agree to resolve it through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the English language in the State of Utah, unless we mutually agree to conduct it by telephone or written submissions.

For claims of $10,000 or less, TraxionLab will pay all AAA filing, administration, and arbitrator fees. For claims above $10,000, fees will be allocated as determined by the arbitrator in accordance with AAA rules. Each party shall bear its own attorneys' fees unless the arbitrator determines otherwise.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against TraxionLab.

Exceptions

Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

17. Termination

By You

You may cancel your TraxionLab subscription at any time through your account settings or by contacting support@traxionlab.com. Cancellation takes effect at the end of your current billing cycle. No cancellation fees or penalties apply.

By Us

We may suspend or terminate your account immediately, with or without notice, if you:

• Violate these Terms, including the Acceptable Use policy
• Fail to pay fees owed after notice and a reasonable cure period
• Engage in activity that is harmful to other users, our platform, or our reputation
• Are required to be terminated by law

Effect of Termination

Upon termination:

• Your access to the platform will be discontinued
• You remain responsible for any fees incurred before termination, including unpaid usage charges
• You will have 30 days to request a data export (see Section 10)
• Provisions that by their nature should survive termination will survive, including Sections 8, 9, 10, 13, 14, 15, 16, and this section

18. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any additional agreements you enter into with TraxionLab (such as a Data Processing Agreement), constitute the entire agreement between you and TraxionLab.

Severability

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

Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

Notices

We may send notices to you via email, through the platform, or by posting on our website. You may send notices to us at support@traxionlab.com or by mail to the address below.

19. Contact Us

If you have questions about these Terms of Service, contact us at: