Terms of Service

By Using Agolix.com, You Agree To These Terms

Welcome to agolix.com (“Website”), owned and operated by Assessment Generator Inc., a Colorado corporation d/b/a Agolix (“Agolix,” “we,” “us,” or “our”). This document governs your use of Agolix’s Website and Services, including the assessment generator tool.

NOTICE: These Terms cover important topics like privacy, acceptable use, intellectual property, and dispute resolution including a binding arbitration clause and class action waiver.

Acceptance of Terms

 By using Agolix, you’re saying, “Yes, I agree to these terms.”

By using our Website or purchasing our Services, you agree to these Terms and our Privacy Policy. You agree to these Terms by:

• Clicking to accept or agree when prompted during purchase, registration, or use,
• Signing an agreement or document that references these Terms, or
• Accessing or using the Website or  Services in any way.

These Terms constitute a legally binding agreement between Agolix and all users, visitors, and customers (“user,” “you,” or “your”), covering your use of the Website and any free or paid products, services, resources, or our assessment generator tool (“Services”) offered through it.

For purposes of these Terms:

• “Creators” are users who create assessments or collaborate on assessments for Respondents using our Services.
• “Respondents” are users who complete assessments created by Creators.
• “Visitors” are users who access or browse our Website without creating or completing assessments.

If you are using the Website or Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity, and all references to “you” include both you as an individual and the entity you represent.

If you do not agree to these Terms, you may not use the Website or Services.

Privacy and Data Protection

 We follow our Privacy Policy when handling and protecting your personal data.

Your privacy and the protection of data are important to us. By using our Website or Services, you acknowledge that you have read, understood, and agreed to:

• Privacy Policy:Our Privacy Policy explains how we collect, use, and protect your personal information when you use our Website and Services.
• Data Processing Agreement (DPA) for Creators:If you use our Services to collect and process data from respondents, our DPA It outlines your responsibilities as a data controller and our responsibilities as a data processor. It is incorporated into these Terms by reference, and your acceptance of these Terms constitutes your agreement to the DPA without the need for a separate signature.

Additional Agreements

 There may be other terms that apply to you.

If you have entered into a separate agreement with Agolix, such as a signed client agreement or specific terms of purchase, those terms may also apply and govern your use of the Website or Services. If there is a conflict between these Terms and any additional agreements, the terms of the additional agreements will govern the applicable products or Services.

Who can Use Our Website and Services

 Agolix is for adults who can legally enter into contracts. If you’re under 18, you’ll need to sit this one out.

Our Website and Services are intended for users who are at least 18 years old. By using the Website or Services, you represent and warrant that:

• You are capable of forming a binding contract with us;
• You have read, understood, and accepted these Terms and our Privacy Policy; and
• You will comply with these Terms and Privacy Policy.

Creating an Account

 When you create an account with us, you must provide us with accurate information and follow these rules.

Account Registration

 This explains how to set up and manage your Agolix account.

To access certain features of our Website or Services, you may be required to register an account by creating a username and password. You represent and warrant that all information you provide during registration is accurate. If your information changes, you agree to promptly update it through your account settings or notify us so we can assist with the update as necessary. You acknowledge and agree that the information you provide will be used and protected in accordance with our Privacy Policy.

Account Use And Responsibility

 You’re responsible for keeping your account secure and managing access for authorized users.

Your account is intended for your use or, if applicable, by your authorized employees or contractors acting on your behalf (“Authorized Users”). As the account holder, you are responsible for managing access to your account and ensuring that all Authorized Users comply with these Terms. You must maintain the confidentiality of your account credentials, including usernames and passwords, and take reasonable steps to prevent unauthorized access.

Unauthorized Use and Liability

 Notify us promptly if someone uses your account without permission.

If you become aware of any unauthorized use or security breach, you must notify Agolix immediately. You are liable for any activities conducted under your account, including those by Authorized Users, and for any losses or damages resulting from failure to properly secure or manage account access. Agolix reserves the right to suspend or terminate access if misuse occurs.

Fees, Payment and Subscriptions

 Subscribing to our services or making a purchase? Here are the details on what you’ll pay, how subscriptions renew, and what happens if there’s a payment hiccup.

Fees

 Find details about what you’ll pay for Agolix services.

By purchasing our Services, you agree to pay all fees shown at checkout using a valid payment method. Payments are processed through third-party processors subject to their terms and privacy policies. All fees are non-refundable except as outlined in the Refund Policy or where required by law.

Monthly Subscription and Automatic Renewal

 Here’s how monthly subscriptions and automatic renewals work.

By purchasing a Monthly Subscription, you agree to an initial and recurring subscription fee at the then-current monthly rate. Monthly Subscriptions automatically renew each month on the same calendar day as your initial purchase (e.g., a subscription starting February 7 will renew on March 7 and so on) unless canceled as outlined in the Cancellation Policy below.

Annual Subscription and Automatic Renewal

 Here’s how annual subscriptions and automatic renewals work.

By purchasing an Annual Subscription, you commit to a 12-month term at the annual rate listed at checkout. After the initial term, your Annual Subscription will automatically renew on the same calendar day each year (e.g., a subscription starting February 7, 2025, will renew on February 7, 2026) at the then-current annual rate unless canceled as outlined in the Cancellation Policy below.

Payment Date Adjustments for Short Months

 Learn what happens if your payment date falls on a day that doesn’t exist in the current month.

If your payment date falls on the 29th, 30th, or 31st of a month, and the current month has fewer days, your payment will be processed on the last day of that month. For example, if your payment date is March 31st, your next payment will process on April 30th.

Changes in the Fees

 If we update our pricing, you’ll pay the new rate when you renew or reactivate your subscription.

We reserve the right to change the fees at any time; however, your subscription fee remains fixed as long as your subscription stays active. If your subscription is canceled and later reactivated, the current subscription rate will apply at the time of reactivation.

Payment Information and Authorization

 You’re responsible for keeping your billing details accurate and updated.

You represent and warrant that all payment information provided is accurate, complete, and authorized for use. You agree to promptly update your billing details to avoid service disruptions. By providing your payment information, you authorize Agolix, through its third-party payment processor, to automatically charge your card for all subscription fees due without requiring additional approval. You will receive an electronic receipt for each transaction. Agolix does not store your card details but relies on its third-party payment processor to process and manage all payments securely.

Failed or Declined Payments

 This explains what happens if your payment doesn’t go through and how we handle it.

If a payment fails, Agolix may suspend or revoke your access to the Services until the payment is successfully processed. We may attempt to reprocess declined payments up to three (3) times within a 15-day period. You are responsible for any fees incurred due to declined payments, including those imposed by your financial institution.

Chargebacks

 Instead of disputing charges through your bank, contact us to resolve any issues.

Agolix has a clear refund policy. If you experience an issue, please contact customer support instead of initiating a chargeback. Unauthorized chargebacks may result in the following actions:

• Reporting to credit agencies or chargeback databases.
• Limitation or termination of your account access.
• Recovery of associated fees incurred by Agolix, which will be charged to you.

Cancellation and Refund Policy

 Cancel anytime, but know that refunds are limited to certain circumstances. We explain it all here.

Cancellation Policy

 If you cancel, your subscription will remain active until the end of the current billing cycle.

You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellations take effect at the end of your current billing cycle. For example:

• If your subscription is billed monthly, and your billing date is the 10th of the month, canceling on April 25th will keep your subscription active until May 10th.
• If your subscription is billed annually, and your billing date is February 7, 2024, canceling on April 25, 2024, will keep your subscription active until February 7, 2025.

Refund Policy

 Refunds are rare, but this explains when they may apply.

All fees are non-refundable, except as follows:

• Annual Subscriptions:If you cancel an annual subscription renewal within two (2) calendar days after the renewal date, you are eligible for a full refund of the renewal fee. For example, if your renewal date is February 7, 2024, you must cancel by February 9, 2024, to qualify for a refund.
• Other Refund Requests:Refunds for one-time purchases or other Services will be reviewed on a case-by-case basis.

Termination

 We can suspend or end your access if the terms are violated.

We reserve the right in our sole discretion to revoke, suspend, or terminate your access to the Website, Services, and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website, Services, or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Website, Services, and Content will still apply now and in the future, even after termination by you or us.

Our Intellectual Property Rights

 This section explains what you can and can’t do with our property.

Ownership of Our Website, Services, and Content

 Agolix owns its tools and content.

The Website and Services contain intellectual property owned by Agolix and third parties that license the content to us, including, but not limited to, trademarks, copyrights, proprietary information, and other intellectual property rights, as well as the business name, logo, designs, text, videos, audio files, graphics, images, documents, data, software, code, other files, and the look and feel of all of the preceding as well as the technology and infrastructure used to provide them (“Content”).

When you use our Website or Services, you acknowledge that no ownership or proprietary rights are transferred to you. Instead, we grant you a license to use the Website, Services, and Content as explained below. All rights, title, and interest in and to the Website, Services, and Content remain with Agolix and its licensors.

We Grant You a Limited License To Use Our Website, Services, and Content

 Your right to use our property is limited to the license we grant you.

Agolix grants you a non-exclusive, non-sublicensable, revocable, and limited license to access and use the Website, Services, and Content solely for purposes permitted in accordance with these Terms.

This license is non-transferable, except as follows: Creators may request a transfer of their account or subscription by contacting Agolix in writing. Agolix will facilitate such transfers by updating account details, provided the transfer complies with these Terms.

Permitted Uses: What You’re Allowed to Do

 Here’s what you can legally do with our property.

The license allows you to:

• Access and use the Website and Services to create and distribute surveys, questionnaires, or similar tools as intended by the Services; and
• View, download, or print individual pages from the Website for your personal or business use (as long as you keep our copyright and proprietary notices intact).
• For Creators: Sell or share assessments you create, provided this complies with these Terms, including restrictions on unauthorized commercial exploitation of our Content. The results generated from your assessments created using the Services are yours and are not subject to Agolix’s copyright or proprietary notices.
• Respond to assessments if invited.

Prohibited Uses: What You’re Not Allowed to Do

 These are the actions that you cannot do with our property and could result in penalties.

Unless expressly permitted in writing by Agolix, you must not do any of the following:

• Sell, distribute, license, or commercially exploit the Website, Services, or Content, except that Creators may monetize assessments they create using the Services as permitted under these Terms.
• Reproduce, duplicate, copy, modify, adapt, or create derivative works from any part of the Website, Services, or Content, except as necessary for creating and distributing assessments as permitted under these Terms.
• Reverse engineer, decompile, or disassemble any part of the Website, Services, or Content, or attempt to access or extract the underlying source code, algorithms, or proprietary technology.
• Remove, alter, or obscure any copyright, trademark, or proprietary notices on the Website, Services, or Content, except as permitted for Creator-generated assessments.
• Frame, mirror, or otherwise reproduce or display the Website or Services on any other website or platform without prior written permission from Agolix, except for embedding links to assessments created using the Services.

All rights not expressly granted in these Terms or any express written license are reserved by us.

Unauthorized Use    

 Using our property without permission can lead to legal consequences.

Any unauthorized use of the Website, Services, or Content constitutes infringement and may subject you to civil or criminal penalties. If you wish to use our Website, Services, or Content in a manner not expressly permitted by these Terms, you may contact us at success@agolix.com to inquire about licensing options.

Trademark Notice

 Agolix trademarks belong to us. Don’t use them without permission.

All trademarks, service marks, trade names, logos, and designs, whether registered or unregistered, displayed on the Website or through the Services (“Marks”) are the property of Agolix or their respective owners. Use of any Marks without prior written permission is strictly prohibited.

Your Content

 Your content belongs to you. We have certain rights to use your content.

Ownership of Your Content

 Anything you create, upload, or share using Agolix is yours.

When you use our Website or Services, you may create, upload, or share content, including but not limited to survey questions, responses, data, reports, images, text, or other materials (collectively, “Your Content”). You retain ownership of all intellectual property rights in Your Content. For details about how we process personal information, including Respondent Data, please refer to our Privacy Policy.

• Creators:You retain full ownership of all intellectual property rights in the assessments, questions, and materials you create using our Services (“Creator Content”).
• Respondents:You retain ownership of any personal data or responses you provide through assessments.
• Visitors:If you submit comments, feedback, or other materials while browsing the Website, you retain ownership of such contributions.

These Terms do not grant us any licenses or rights to Your Content except for the limited license described below.

You Grant Agolix a Limited License to Use Your Content

 We only use your content as needed to provide our services.

By using our Website or Services, you grant Agolix a worldwide, royalty-free, non-exclusive license to:

• Creator Content: Host, store, display, and process content solely to provide and improve the Services.
• Respondent Content : Process data submitted through assessments on behalf of Creators in accordance with applicable privacy laws, our Privacy Policy, and DPA.
• Visitor Content: Use feedback, comments, or other materials submitted through the Website for operational purposes, including improving the Services.

Your Responsibilities

 You’re responsible for making sure your content complies with the law and our policies.

You represent and warrant that (a) you own or have all rights to provide Your Content and have the right to grant the license granted above to Agolix and our affiliates and (b) Your Content complies with all applicable laws and the Acceptable Use Policy outlined in these Terms. You are solely responsible for Your Content, including its completeness, legality, reliability, accuracy, and appropriateness.

Our Rights to Monitor and Remove

 We can review and remove content that violates our terms or the law.

While Agolix is not obligated to monitor user content, we reserve the right to:

• Review, remove, or refuse to display Your Content that violates these Terms, infringes intellectual property rights, or is unlawful.;
• Take action we deem necessary to address Your Content, including actions to comply with legal obligations or enforce our Terms.

Agolix is not liable for any loss or damage caused by Your Content or third-party content on our Website or Services.

Acceptable Use Policy

 Play fair and follow the rules. This section tells you what’s allowed and what isn’t when using Agolix.

Prohibited Actions

 These are the things you cannot do on Agolix.

Agolix is designed to help you create, share, and analyze effectively and respectfully. To maintain a safe and fair environment, we’ve set clear expectations for how you may use our Website, Services, and Content. Violating these rules may result in suspension or termination of your account.

You agree NOT to, directly or indirectly:

• Engage in Unlawful Activities.Use the Website, Services, or Content for any illegal, fraudulent, or harmful purpose.
• Violate Violate the intellectual property, privacy, or other legal rights of Agolix, its users, or third parties.
• Create Unauthorized Accounts. Circumvent access restrictions or misuse login credentials.
• Misuse Personal Data.Collect or store personally identifiable information from other users or Respondents without explicit consent, except as permitted by the DPA.
• Distribute Harmful Content.Upload, share, or transmit content that is defamatory, obscene, harassing, or discriminatory.
• Disrupt Systems. Tamper with or modify our Websiteor knowingly send viruses or other disabling features, including by using trojan horse, virus, worm, spyware, or any programming routines that damage or interfere with our Website, Services, Content, or third-party websites operated by Agolix.
• Impersonate Others.Misrepresent your identity or affiliation with any person or entity.
• Interfere with Services.Attempt to disrupt the functionality of our Website, Services, or Content, including circumventing security measures, reverse engineering, or probing system vulnerabilities.
• Engage in Excessive Usage. Overuse the Website or Services in a way that harms their stability or functionality.
  • Exploit Services:Use the Services for unauthorized commercial purposes, data mining, or misrepresent the purpose or source of assessments you create.

Additional Rules

 There may be extra rules for specific forums or communities. Follow those, too.

We may establish separate rules for specific online communities, forums, or platforms associated with our Website or Services. These rules are incorporated into this Acceptable Use Policy, and you agree to comply with them.

Monitoring and Enforcement

 We keep an eye on things to ensure everyone plays by the rules. If violations happen, we can take action.

Agolix reserves the right to:

• Investigate potential violations of this Acceptable Use Policy.
• Remove or block access to content that violates these Terms or is otherwise objectionable.
• Suspend or terminate accounts engaging in prohibited activities.

Reporting Violations

 If you notice someone breaking the rules, let us know, and we’ll handle it.

To report a potential violation of this Acceptable Use Policy, contact us at success@agolix.com. Agolix takes all reports seriously and will address violations in accordance with these Terms.

U.S. Copyright Infringement Claims

 If you think something on Agolix infringes your copyright, here’s how to let us know.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Agolix infringe your copyright, you or your agent may send Agolix a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA will not be considered sufficient notice and will not be deemed to confer upon Agolix actual knowledge of facts or circumstances from which infringing material or acts are evident.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Agolix a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notice of claims of copyright infringement or counter notices may be sent to success@agolix.com.

Disclaimers

 We strive to provide services in the way you need them, but there are some things we can’t promise.

General Educational Purpose Only; Not Professional Advice

 Our content is not professional advice.

Our Website, Services, and Content are provided for educational and informational use only. Agolix is not licensed to provide legal, financial, tax, or medical advice. Our Services and Content are not intended as a substitute for obtaining advice specific to your circumstances from a qualified financial, legal, or medical professional.  Your use of our Website, Services, or Content forms no attorney-client, financial advisor-client, or doctor-patient relationship. Agolix disclaims any liability for your reliance on any opinions or advice contained in our Website, Services, or Content. You are solely responsible for seeking professional advice tailored to your specific circumstances.

Results Not Guaranteed

 Results may vary, and we can’t promise specific outcomes.

Application of the principles outlined on our Website, in our Services or Content, may vary from person to person, and you accept the risk that your results may differ. Therefore, we cannot and do not guarantee that you will attain a particular result by using our Website, Services, or Content. Agolix cannot and does not guarantee any particular financial or business outcomes or other particular results, and you understand that results differ for each individual. External factors beyond Agolix’s control, such as user effort, market conditions, and personal circumstances, may also impact your results.

Earnings Disclaimer

 We don’t guarantee financial or other results.

You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual, or health benefits, future income, expenses, sales volume, or potential profitability or loss of any kind that may be derived as a result of your use of this Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through our Website, Services, or Content, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through the use of our Website, Services, or Content. You agree that your results are strictly your own, and we are not liable or responsible in any way for your results.

Use of Testimonials and Reviews

 Testimonials reflect individual experiences, not guaranteed results.

Our Website, Services, or Content may reference testimonials, reviews, case studies, or other feedback from others about our Services or Content.  Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Services or Content. Testimonials may have been edited for clarity, length, or grammatical accuracy.

Errors And Availability

 Our services may have occasional errors or downtime.

Agolix does not guarantee that our Website, Services, or Content will be error-free, uninterrupted, or free of viruses. Agolix may make improvements, repairs, or changes to our Website, Services, or Content at any time and will try to avoid disrupting peak hours, though some downtime may occur. We will not be liable if, for any reason, all or any part of our Website, Services, or Content is unavailable at any time or for any period. Users are encouraged to promptly report any errors or technical issues to Agolix so we can address them. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Website, Services, or Content become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website, Services, or Content inaccessible to you.

Third-Party Links And Advertisements

 We’re not responsible for third-party sites or content that you access.

Our Website, Services, or Content may include links to third-party websites, content, products, or services. Agolix is not responsible or liable for any content on those websites. If you access a third-party website, you do so at your own risk. It’s up to you to decide if those websites and their content work for you, and we recommend you do your research to find that out. You expressly relieve Agolix from all liability arising from your use of any third-party website, content, products, or services. Agolix is not responsible for third-party websites’ privacy practices, policies, or content.

Limitations on Linking and Framing

 Link to us responsibly, but don’t frame or misrepresent our content.

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership of our Website or Content and does not state or imply that we have sponsored, endorsed, or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

Affiliate Disclosure

 We may earn from affiliate links but share honest opinions.

This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements that may apply. We may include links, content, products or services created by trusted third parties with whom we have developed business relationships. Some of that trusted third-party content, products or services may involve us accepting forms of compensation (e.g., advertising, sponsorships, affiliate links, and free products). We will identify that content as sponsored, paid, affiliate, or co-branded content. However, all opinions expressed on our Website are our own, and even when we are paid for some content or advertisements, we give our honest opinions or experiences about those products, services or topics. As with any other information provided on our Website, before you rely or act on any information provided on our Website, you should verify that information independently, which may involve reaching out to the trusted third party directly. We recommend independently verifying any third-party claims, especially before making financial decisions.

Warranties Disclaimer

 Our services are “as is.”

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS:

Your use of the Website, Services, and Content is at your own risk. The information, products, and services offered on or through the Website, Services, or Content are provided on an “AS IS” AND “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, Agolix disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights.

We make no warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Website, Services, or Content. Agolix makes no warranties that our Website, Services, or Content will meet your needs; will be uninterrupted, error-free, secure, or free of viruses or other harmful components; or that defects will be corrected. We also make no warranties that the results of using our Website, Services, or Content will be accurate or reliable; or that the quality of any products, services, information, or other material purchased or obtained through your use of our Website, Services, or Content will meet your expectations. Users assume all risks associated with their reliance on the Website, Services, or Content.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

 This part sets limits on what Agolix is responsible for if something goes wrong.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS:

Exclusion of Damages

 In order to provide our services on a large scale, we have to limit our liability to you.

To the fullest extent permitted by applicable law, Agolix and its affiliates, licensors, contractors, employees, agents, officers, or directors (collectively, “Representatives”) will not be liable or responsible for any indirect, incidental, consequential, or punitive damages (including damages from loss of business, lost profits, goodwill, emotional distress, or personal injury), under any legal theory, arising out of or in any way relating to the use of the Website, Services, Content or any other materials we have made available, or from any communications, interactions or meetings with other users of the Website or Services, or other persons with whom you communicate or interact as a result of your use of the Website or Services, even if Agolix and our Representatives have been advised of the possibility of such damages.

Monetary Cap

 In order to provide our services on a large scale, we have to limit our monetary damages.

The maximum liability of Agolix and our Representatives arising from or relating to these Terms is limited to the greater of one hundred dollars ($100) or the actual amount you have paid to Agolix in the twelve (12) months before the event giving rise to your claims.

Applicable Law Exceptions

 Some laws may limit these exclusions. Where they apply, we’ll follow those laws.

The foregoing exclusions and limitations do not apply to the extent prohibited by applicable law. In jurisdictions where such exclusions or limitations are not permitted, our liability will be limited to the fullest extent permitted by law.

Your Sole Remedy

 If you’re unhappy with our services, your only solution is to stop using them.

If you are dissatisfied with any portion of the Website, Services, or Content, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Website, Services, or Content, and by using the Website, Services, or Content, you acknowledge the sufficiency of this remedy.

Indemnification

 If someone makes a claim because of something you do on Agolix, you may need to cover our costs.

You agree to indemnify, defend and hold harmless Agolix, its officers, directors, employees, agents, partners, affiliates, contractors, assigns, and their employees from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising from or in connection with: (a) your use of the Website, Services, or Content in violation of these Terms, (b) any breach by you of these Terms or any representation and warranty made by you herein, (c) any comment, post, or material you submit to Agolix websites or any third-party forum or website operated by Agolix, (d) your use of materials or features available in the Website, Services, or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by Agolix), or (e) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Dispute Resolution

 If there’s a disagreement, let’s try to resolve it amicably. If that doesn’t work, we’ll use arbitration instead of going to court.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS:

Governing Law and Venue

 These Terms are governed by Colorado law. If we conduct arbitration or go to court, it will be in Denver County, Colorado.

These Terms will be governed by and construed in accordance with the laws of the state of Colorado, without regard to conflicts of laws provisions. In case any litigation specifically permitted under these Terms is initiated, the parties agree to submit to the personal jurisdiction of the state and federal courts in Denver County, Colorado.

Step 1: Informal Resolution

 If there’s an issue, contact us first.

For any dispute or claim between you and Agolix relating to or arising out of these Terms, you agree first to contact us at success@agolix.com to attempt to resolve the issue informally. If the issue is not resolved satisfactorily within 90 days after the aggrieved party contacts the other party, the parties may agree to mediate their dispute, or either party may submit the dispute to arbitration as set forth below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other remedy, so please do not forget to contact us first.

Step 2: Arbitration

 If we can’t resolve the issue informally, the dispute will be settled through binding arbitration in Denver County, Colorado.

If the dispute cannot be resolved informally, it must be settled by binding arbitration. The arbitration will be conducted in Denver County, Colorado, by a single arbitrator under the then-current rules of the American Arbitration Association or a similar organization agreed upon by the parties. The arbitrator will not have the authority to add parties, vary the provisions of these Terms, award punitive damages, or certify a class. The arbitrator’s decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

Small Claims Court Option

 For smaller disputes, either party can choose to go to small claims court in Denver County, Colorado, instead of arbitration.

If a dispute qualifies under the rules of small claims court, you or we may choose to bring the claim in small claims court located in Denver County, Colorado, instead of proceeding with arbitration.

Injunctive Relief

 Agolix can go to court to stop intellectual property violations or prevent harm.

Agolix may seek injunctive relief in court to stop infringement or prevent harm. If you infringe upon, violate, or threaten to infringe upon or violate Agolix’s intellectual property rights (e.g., patent, copyright, trademark, trade secret), privacy, or publicity rights, Agolix may bypass the informal dispute resolution process and arbitration to bring a lawsuit solely for injunctive relief.

Jury Trial Waiver

 You and Agolix agree to resolve disputes without a jury trial.

To the fullest extent permitted by law, you and Agolix knowingly and voluntarily waive any right to a jury trial for all claims or disputes that are subject to arbitration under these Terms. You and Agolix further agree that any claims heard in a court of competent jurisdiction will be heard by a judge instead of a jury, except where a jury trial waiver is not permissible under applicable law.

Class Action Waiver

 Disputes will be resolved individually. We both agree to not bring a class action.

Except where prohibited by law, you and Agolix waive any right to assert claims against the other party as a representative or member in any class or representative action. If a court or applicable law permits class or representative actions: (a) the prevailing party will not be entitled to recover attorney’s fees or costs associated with the class or representative action (regardless of other provisions in these Terms) and (b) any party initiating or participating as a member of the class will not submit claims or otherwise participate in any recovery secured through the class action.

Recovery of Attorney Fees

 The winning party in a dispute can recover reasonable attorney fees and related costs.

If any legal action, arbitration or other proceeding is brought for the enforcement of these Terms, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms, the prevailing party will be entitled to recover its reasonable attorney’s fees and related costs in addition to any other relief granted.

Export Compliance

 We’re not allowed to provide our services to certain people.

You may access and use our Website, Services, and Content only in compliance with all applicable laws, including U.S. export control and economic sanctions laws, as well as the laws of other jurisdictions that may apply to you. By using our Website or Services, you represent and warrant that you are not located in, under the control of, or a resident of any country or region subject to U.S. trade embargoes or sanctions, nor are you identified on any government-issued prohibited or restricted parties list, such as the U.S. Department of Commerce’s Entity List or the U.S. Treasury Department’s Specially Designated Nationals List.

Failure to comply with this section may result in termination of your access to the Website, Services, or Content without notice, as well as other legal remedies available to Agolix.

Changes to These Terms

 We might update these terms occasionally. We’ll let you know when that happens.

We reserve the right to change, modify, or update these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our Website and updating the “Last Updated” date at the top of this page. In some cases, we may also provide additional notice, such as by email or other methods of communication.

Your continued use of our Website, Services, or Content after any changes are posted constitutes your agreement to the updated Terms. If you do not agree to the updated Terms, you must stop using the Website, Services, and Content.

International Use

 Agolix is based in the U.S., and it’s your responsibility to follow your local laws if you use it elsewhere.

Agolix is based in the United States and makes no representation that our Website or Services are appropriate or available for use in all locations. Accessing our Website or Services from territories where their use is illegal is prohibited. If you choose to access or use our Website or Services outside of the United States, you do so voluntarily and are responsible for compliance with all applicable local laws and regulations.

General Provisions

 Miscellaneous (but important) legal details, like how these terms work if part of them is found invalid or how to contact us.

Relationship of the Parties

 Using Agolix doesn’t make us partners, employees, or agents.

No joint venture, partnership, employment, contractor, or agency relationship exists between you and Agolix by virtue of your use of our Website or Services.

Force Majeure: Events Outside Of Our Control

 If an event outside our control (like a natural disaster) prevents us from delivering services, we’ll let you know, but we won’t be held responsible.

Agolix will be excused from performance under these Terms to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events outside the control of our control, such as an act of God, fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, death, illness, incapacity, epidemic, pandemic, infestation, war, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not), or any other event outside Agolix’s control (collectively, “Force Majeure Event”). If there is a Force Majeure Event, Agolix will provide notice to you of its inability to perform or delay in performing.

Severability

 If part of these Terms isn’t enforceable, the rest still applies.

If any provision of these Terms is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Waiver

 If we don’t enforce a right in these Terms, it doesn’t mean we’ve waived it.

The failure of Agolix to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.  Any waiver of these Terms must be in writing and signed by an authorized representative of Agolix.

Assignment

 You can’t transfer your rights under these Terms without our consent, but we can transfer ours without yours.

You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. Agolix may assign or transfer its rights and obligations under these Terms without your consent.

Notices

 We’ll notify you about important updates via email or on our Website.

Any notices or other communications provided by Agolix under these Terms, including those regarding changes to these Terms, will be given: (a) via email to the address associated with your account; or (b) by posting to our Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

All Rights Reserved

Agolix reserves all rights not expressly granted in the Terms.

Survival of Terms

 Certain sections, like payment and dispute resolution, will still apply even if these Terms end.

All provisions of these Terms that by their nature should survive termination, including but not limited to those related to payments, intellectual property, disclaimers, limitations of liability, indemnity, dispute resolution, and governing law, will remain in effect.

Entire Agreement

 These Terms, along with our Privacy Policy and DPA, make up our entire agreement with you unless we also enter into a separate written agreement.

The Terms, along with the referenced Privacy Policy, Data Processing Addendum, and any other written agreement that governs your use of our Website or Services, constitute the entire agreement between you and Agolix with respect to the Website and Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Agolix with respect to our Website and Services.

How to Contact Us

 Here’s how to notify or contact us.

If you have any questions about these Terms, please contact us:

• By email: success@agolix.com
• By phone number: +1 720.394.5307

By mail: Assessment Generator Inc. d/b/a Agolix, 1312 17th St, PMB 73488, Denver, CO 80202 USA