Agreement
These terms apply when you, or the organization you represent (“you”), use AgentGrowth at growth.xark.io (the “Service”), provided by Cell Digital Technology Inc. (“Cell Digital”, “we”, “us”). If you have a signed agreement or order with us, it takes precedence where it differs from these terms.
By using the Service you accept these terms. If you use it for an organization, you confirm that you may accept them for it.
The Service
AgentGrowth answers and qualifies leads, books appointments, and plans, drafts and runs marketing (posts, landing pages, ads, emails and reports) for businesses and agencies. Features that depend on another platform, such as Meta, Google, LinkedIn, TikTok or Twilio, work only while that platform allows them and after its reviews. We improve and change the Service over time, and we tell you before we remove a feature you use.
Accounts and access
You are responsible for the people you invite, for keeping sign-in details safe and for what is done in your workspaces. Tell us at hello@xark.io if you think an account was misused.
Your approvals and your content
- Posts, landing pages, ad changes, emails and plans are published only after a person you authorize approves them. You are responsible for what you approve.
- Lead conversations are handled by the AI agent within the rules, hours and scripts you set. You can review them and hand any conversation to your team.
- You keep all rights to your content and data. You give us the permission we need to host, process and publish them to provide the Service to you.
- AI output can be wrong. Review drafts before you approve them, especially claims, prices and legal or medical statements.
Your responsibilities
- Have a lawful basis and the consent required to contact your leads by text, phone and email (for example under the TCPA, CAN-SPAM and the rules of your profession), and honor opt-outs. The Service records consent wording and STOP requests to help you, but you remain responsible for your own campaigns.
- Follow the terms and policies of the platforms you connect, including Meta, Google, LinkedIn and TikTok.
- Do not use the Service for unlawful, deceptive or harmful content or for spam, and do not send us protected health information unless we have agreed in writing how it will be handled.
- Industry rule checks in the Service help your team and your counsel; they are not legal advice.
- Do not try to break, overload or reverse engineer the Service, or to reach data that is not yours.
Data and privacy
Our Privacy Policy explains how we handle personal information. For the personal information of your leads and customers, you decide how it is used and we process it on your behalf. You can disconnect connected accounts at any time; the Data deletion page explains what happens then.
Fees
Fees are set in your order or quote. Costs billed to your own accounts, such as ad spend, phone numbers and messaging fees, are yours.
Third-party platforms
The Service connects to platforms we do not control. Their terms apply to your use of them, and they may change or stop their services, limit access or reject content. We are not responsible for what they do.
Our property
The Service, its software and its content, other than your content, belong to Cell Digital and its licensors. You may not copy, resell or offer the Service to others except as agreed with us.
Suspension and ending
You may stop using the Service at any time. We may suspend access that breaks these terms or puts people, platforms or the Service at risk, and we tell you why when we can. When an engagement ends you can ask us to export or delete your data.
Disclaimers
The Service is provided “as is” and “as available”. Forecasts and recommendations are estimates, and we do not promise any business result, lead volume or ranking. To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of liability
To the extent the law allows, Cell Digital is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim is limited to the fees you paid us for the Service in the twelve months before the claim.
Indemnity
You will defend and indemnify Cell Digital against third-party claims arising from your content, your campaigns, or your breach of these terms or of the law.
Governing law
These terms are governed by the laws of the United States and of the state in which Cell Digital Technology Inc. is registered, without regard to conflict of law rules.
Changes to these terms
We may update these terms. We change the date at the top and, for significant changes, tell clients by email before they apply.
Contact
Cell Digital Technology Inc. Questions about these terms: hello@xark.io. Privacy: privacy@xark.io.