Terms of Service

Last updated: February 16th, 2025

These Terms of Service ("Terms") govern your access to and use of ImprovMX's services, websites, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. ImprovMX Incorporated is a Delaware corporation ("ImprovMX", "we", "us", or "our").

1. Acceptable Use Policy

You agree not to use the Services in any way that:

  • Sends, stores, or distributes spam, unsolicited bulk email, or any form of duplicative messages
  • Creates multiple free accounts for the same user or entity
  • Distributes harmful content including viruses, malware, phishing attempts, or illegal material
  • Scrapes, crawls, or uses automated means to access the Services without authorization
  • Attempts to reverse engineer, decompile, or disassemble any part of the Services
  • Uses purchased, rented, or third-party email lists

Violations of this policy may result in immediate suspension or termination of your account without notice.

2. User Eligibility

You must be at least 18 years of age to use our Services. By using the Services, you represent and warrant that you meet this age requirement.

3. Your Account

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Each user is limited to one free account.

4. Service Changes

We reserve the right to add, remove, or modify features of the Services at any time without prior notice. We may also discontinue the Services entirely at our sole discretion.

5. Fees

Paid plans are billed on a monthly or yearly basis. You may cancel your subscription at any time, and you will continue to have access until the end of your current billing period. We reserve the right to change our pricing with reasonable notice to existing customers.

6. Taxes

All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes associated with your use of the Services.

7. Intellectual Property

All content on the ImprovMX website and Services, including but not limited to text, graphics, logos, icons, images, and software, is the property of ImprovMX or its content suppliers and is protected by international copyright laws.

8. User Generated Content

By submitting content to ImprovMX, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content in connection with providing the Services.

9. Service Provider

ImprovMX is a provider of interactive computer services under Section 230 of the Communications Decency Act (47 U.S.C. Section 230). As such, we are not liable for content created by our users.

10. Copyright and DMCA

ImprovMX responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). To submit a DMCA takedown notice, please send the required information to:

Address: 8 The Green, STE D, Dover, Delaware 19901

Email: abuse@improvmx.com

11. Fair Use Doctrine

In accordance with Section 107 of the Copyright Act, certain uses of copyrighted material may be considered fair use. Such uses include criticism, comment, news reporting, teaching, scholarship, or research.

12. Third-Party Websites

The Services may contain links to third-party websites. ImprovMX is not responsible for the content, privacy policies, or practices of any third-party websites.

13. Service Level Agreement

ImprovMX commits to the following uptime guarantees:

  • Paid plans: 99.9% uptime
  • Enterprise plans: 99.99% uptime

These guarantees exclude scheduled maintenance, force majeure events, and issues caused by third-party services or user actions.

14. Term and Termination

Paid subscriptions automatically renew at the end of each billing period unless cancelled. Either party may terminate the agreement at any time. Upon termination, your right to use the Services will immediately cease.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. IMPROVMX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

16. Indemnification

You agree to indemnify, defend, and hold harmless ImprovMX and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of your use of the Services or violation of these Terms.

17. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us at support@improvmx.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

18. Choice of Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising from these Terms shall be resolved through binding arbitration administered by New Era ADR, in accordance with its rules and procedures. Arbitration shall be conducted on an individual basis only—class actions and class arbitrations are not permitted.

Any claim must be filed within one year after the cause of action arises, or be permanently barred.

19. Force Majeure

ImprovMX shall not be liable for any failure or delay in performing its obligations where such failure or delay results from acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

20. Survivability

The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

21. Interpretation

The headings in these Terms are for convenience only and shall not affect their interpretation. The use of "including" shall be interpreted as "including but not limited to."

22. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. ImprovMX may assign these Terms without restriction.

23. Waiver and Integration

The failure of ImprovMX to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and ImprovMX regarding the Services and supersede all prior agreements and understandings.