Terms of Service

# Terms of Service

Effective Date: June 17, 2026

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## 1. Acceptance of Terms

By clicking "I Agree," signing up for services, submitting payment, or using MAYTRYX services in any capacity, you ("Client") affirmatively agree to these Terms of Service. You acknowledge this constitutes a legally binding electronic agreement equivalent to a signed written contract.

If you do not agree to these Terms, you must not use our services.

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## 2. Services

MAYTRYX provides AI-driven automation and communication services, including:

- Database reactivation

- Speed-to-lead messaging

- After-hours and outbound communications

- Review generation

- Abandoned cart follow-up

Services may include AI-generated and automated communications delivered via third-party platforms, including GoHighLevel, and may encompass SMS, email, and voice channels.

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## 3. SMS Messaging Program

MAYTRYX facilitates SMS text message campaigns on behalf of clients. By authorizing any SMS campaign through our platform, you confirm the following:

- All recipients have provided express or implied consent as required by applicable law, including CASL (Canada) and TCPA (United States, if applicable)

- You have documented records of that consent and can produce them upon request

- Each message sent through our platform on your behalf will accurately identify the sender

Recipient disclosures required in all SMS campaigns:

> Message and data rates may apply. Message frequency varies. Reply STOP to unsubscribe. Reply HELP for assistance or contact [email protected].

MAYTRYX will honour opt-out requests (STOP replies) processed through our platform. Clients are independently responsible for honouring opt-outs across all channels and record-keeping systems within 10 business days of receipt.

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## 4. Client Consent Certification

By using MAYTRYX, you explicitly certify and warrant that:

- You have obtained valid, verifiable consent from every contact in your database

- Each contact agreed to receive communications of the type being sent

- You maintain records of consent and can provide proof upon request

- You comply with all applicable laws, including:

- CASL (Canada's Anti-Spam Legislation) — for commercial electronic messages sent to or from Canadian recipients

- TCPA & CAN-SPAM (United States, if applicable)

- GDPR (European Union / EEA, if applicable)

- Any applicable provincial or state privacy legislation

You further agree you are solely responsible for managing opt-ins and opt-outs across all contact records, and that MAYTRYX does not manage or verify consent unless explicitly agreed in a separate written addendum.

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## 5. CASL-Specific Obligations

For any commercial electronic message (CEM) sent to Canadian recipients through our platform, you are responsible for:

(a) Consent — Obtaining and documenting express or implied consent prior to sending any CEM. Implied consent under CASL is time-limited: it expires 2 years from the last business transaction or business relationship, unless renewed by a new transaction or express consent.

(b) Identification — Including in every CEM: your full legal business name (or the name under which you carry on business), your mailing address, and either a phone number, email address, or web address at which you can be reached.

(c) Unsubscribe mechanism — Including a functioning unsubscribe mechanism in every CEM that allows recipients to opt out at no cost.

(d) Unsubscribe processing — Honouring all unsubscribe requests within 10 business days of receipt and maintaining the opt-out for a minimum of 10 business days.

(e) Record-keeping — Retaining consent records for a minimum of 3 years.

MAYTRYX may suspend or terminate any campaign at its sole discretion if we have reason to believe consent compliance cannot be confirmed or if a campaign poses legal or reputational risk.

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## 6. No Compliance Responsibility

MAYTRYX is a technology service provider only. We:

- Do not provide legal advice

- Do not verify the legal compliance of your campaigns or contact lists

- Do not monitor your ongoing adherence to CASL, TCPA, GDPR, A2P carrier policies, or any other applicable law

All legal responsibility for campaign compliance remains with you, the Client.

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## 7. AI & Automated Communication Disclosure

You acknowledge that:

- Messages may be generated or sent using AI systems or automated workflows

- AI-generated outputs may contain errors, inaccuracies, or unintended tone

- Recipient responses to automated messages may be misinterpreted or mishandled

- AI systems are not a substitute for human judgment in sensitive or regulated communications

MAYTRYX assumes no liability for any outcomes, damages, complaints, regulatory action, or reputational harm resulting from AI-generated or automated communications.

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## 8. Payment Terms

Services are billed on a pay-for-performance basis or per the agreed pricing model set out in your service agreement. You authorize all charges to your designated payment method. All fees are non-refundable once incurred. Failure to maintain a valid payment method may result in immediate suspension of services.

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## 9. Cancellations & Refunds

You may cancel your services at any time with written notice to [email protected]. Upon cancellation:

- No refunds will be issued for services already rendered or fees already incurred

- Unused retainer balances will be refunded within 30 days of confirmed cancellation

- All active campaigns will be paused and no new charges will be initiated after the cancellation date

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## 10. No Guarantees

MAYTRYX makes no guarantees regarding:

- Conversions, revenue generation, or return on investment

- Message deliverability, open rates, or engagement metrics

- Uptime, availability, or error-free operation

All services are provided "as is" and "as available."

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## 11. Limitation of Liability

To the fullest extent permitted by applicable law, MAYTRYX shall not be liable for:

- Indirect, incidental, special, or consequential damages

- Lost profits, loss of business opportunity, or business interruption

- Reputational harm arising from campaign content or delivery

- Legal claims, fines, or penalties arising from your campaigns, contact data, or regulatory non-compliance

- Losses arising from third-party platform failures, policy changes, or account suspensions (including GoHighLevel, Stripe, Google, or wireless carriers)

- A2P carrier deregistration costs, messaging suspension fees, or carrier-imposed penalties resulting from non-compliant campaigns

Maximum aggregate liability of MAYTRYX for any claim arising under these Terms is limited to the fees paid by you in the 30 days immediately preceding the claim.

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## 12. Indemnification

You agree to fully indemnify, defend, and hold harmless MAYTRYX, its directors, officers, employees, and agents from and against any and all claims, damages, losses, fines, penalties, and legal fees arising from:

- Spam complaints or unsolicited message claims from your contacts or message recipients

- Violations of CASL, TCPA, CAN-SPAM, GDPR, or any other applicable privacy, anti-spam, or telecommunications law

- Violations of A2P 10DLC carrier policies or wireless carrier acceptable use policies

- Claims from recipients of messages sent on your behalf

- Carrier deregistration costs or fines resulting from your campaigns

- Misuse, unauthorized sharing, or unlawful processing of contact data you provided to MAYTRYX

- Any misrepresentation in your consent certifications under Section 4

This indemnification obligation survives termination of these Terms and applies regardless of the legal theory of any claim.

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## 13. Third-Party Platforms

MAYTRYX relies on third-party services, including Stripe, Google, and GoHighLevel. We are not responsible for:

- Downtime, outages, or service interruptions caused by these platforms

- Data loss, account suspensions, or policy changes imposed by these platforms

- Any changes to third-party APIs or features that affect our service delivery

We will make reasonable efforts to notify clients of significant third-party disruptions.

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## 14. Service Interruptions

We do not guarantee uninterrupted or error-free service. Scheduled maintenance, carrier restrictions, or platform outages may temporarily affect service availability.

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## 15. Termination

MAYTRYX may terminate or suspend services at any time, with or without notice, for:

- Non-payment or charge disputes

- Actual or suspected legal risk to MAYTRYX or its clients

- Abuse, fraud, or misuse of our platform

- Non-compliance with CASL, TCPA, A2P carrier policies, or these Terms

- Any activity that violates applicable law

Upon termination, all outstanding fees become immediately due and payable.

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## 16. Binding Arbitration & Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by binding arbitration, not in court.

- Arbitration shall be conducted in Ontario, Canada

- Governed by the Arbitration Act, 1991 (Ontario)

- Administered by a single arbitrator agreed upon by both parties

- Conducted in English

You waive any right to participate in class actions, class arbitrations, or representative proceedings of any kind. Each dispute must be brought on an individual basis only.

MAYTRYX reserves the right to seek injunctive relief or protection of intellectual property rights in a court of competent jurisdiction where arbitration would be inadequate.

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## 17. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

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## 18. Changes to Terms

We may update these Terms at any time. We will notify active clients of material changes by email or platform notice. Continued use of our services following notice of an update constitutes your acceptance of the revised Terms.

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## 19. Entire Agreement

These Terms, together with any executed service agreement or statement of work, constitute the entire agreement between you and MAYTRYX with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.

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## 20. Contact

MAYTRYX

[email protected]

647-544-3686

AI Automation Agency — Ontario, Canada