These Terms and Conditions ("Terms") govern your use of xzyservices.com (the "Site"), operated by FredRox, LLC DBA XZY Services ("we," "us," or "our"). By accessing the Site, creating an account, or using the Platform, you agree to these Terms.
XZY Services (operated by FredRox, LLC) provides a software platform ("the Platform") for local businesses, including website hosting, appointment bookings, online ordering and an online store, email marketing, custom forms, and related tools. Customers use the Platform to operate and grow their own businesses.
We are not a party to any transaction, booking, order, or communication between a Customer and that Customer's own customers or website visitors.
By creating an account and using the Platform, you agree to:
We strive to keep the Platform available and operating smoothly, but we do not guarantee uninterrupted or error-free service. The Platform relies on third-party services — including hosting infrastructure, payment processing, and email delivery — that may affect availability from time to time.
We do not guarantee any specific level of sales, bookings, search rankings, or revenue from using the Platform. Results depend on your business, your use of the available tools, and market conditions.
To the fullest extent permitted by law, XZY Services shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Site or the Platform, including damages related to service interruptions, data loss, or third-party services integrated into the Platform (e.g., payment processing, email delivery). Our total liability for any claim shall not exceed the fees paid by you in the prior 30 days.
You agree to indemnify and hold harmless XZY Services and FredRox, LLC from any claims, damages, or expenses arising from your use of the Platform, your content, your interactions with your customers through the Platform's tools, or your violation of these Terms or applicable law.
All content on this Site, and the Platform's software, design, and documentation, are the property of FredRox, LLC and may not be reproduced without written consent.
You retain ownership of the text, images, video, audio, logos, product listings, and other material you or your users upload to or publish through the Platform ("Customer Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt (for example, resizing or reformatting images), transmit, and display Customer Content solely to the extent necessary to operate the Platform and deliver the services you have requested. This license ends when the Customer Content is deleted, except for backup copies retained for a reasonable period.
You are solely responsible for all Customer Content, including content uploaded by anyone using your account or submitted through your site's forms, store, or booking tools. You represent and warrant that you own the Customer Content or have all rights, licenses, consents, and releases necessary to use it and to grant us the license above — including rights to any photographs, stock imagery, music, fonts, video, trademarks, and the likeness of any person depicted.
You may not upload, publish, or transmit through the Platform any material that:
We do not pre-screen Customer Content and are not obligated to monitor it. We reserve the right, but assume no obligation, to remove or disable access to any Customer Content, and to suspend or terminate any account, at our sole discretion and without notice, if we believe the content or conduct violates these Terms or applicable law, or exposes us or others to liability.
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512.
If you believe material hosted on the Platform infringes your copyright, send a written notice to our Designated Copyright Agent (below) that includes all of the following:
Notices that do not contain all of these elements may not be actionable. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees.
Copyright Agent, FredRox, LLC DBA XZY Services
Austin, TX
Email: dmca@xzyservices.com
If your material was removed and you believe it was removed by mistake or misidentification, you may send a counter-notification to the agent above containing: your signature; identification of the removed material and the location where it appeared; 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 for the district in which you reside (or, if outside the United States, the Western District of Texas) and will accept service of process from the complaining party. If we receive a valid counter-notification, we may restore the material in 10 to 14 business days unless the complaining party notifies us that it has filed an action seeking a court order.
We have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of Customers and users who are repeat infringers of copyright or other intellectual property rights. Accounts that accumulate multiple valid infringement notices, or a single notice involving egregious or willful infringement, may be suspended or terminated without refund.
Requests to remove content on grounds other than copyright — including trademark infringement, defamation, privacy or publicity violations, or unauthorized use of a person's likeness — may be sent to legal@xzyservices.com with a description of the material, its location, the basis for the request, and your contact information. We review these on a case-by-case basis.
By providing your phone number and enabling SMS notifications through the XZY Services platform, you consent to receive transactional text messages from XZY Services (FredRox, LLC) at the number provided. Message types include:
These messages are transactional in nature and are sent only in connection with activity on your account or a service you have requested.
Message frequency varies based on account activity. Message and data rates may apply. Reply STOP at any time to opt out of SMS messages. Reply HELP for assistance. Carriers are not liable for delayed or undelivered messages.
To opt in or out of SMS notifications, log in to your portal and visit Account > Notifications, or contact us at support@xzyservices.com.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 12, any dispute not resolved in arbitration shall be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a dispute heard by a jury or as part of a class action.
Except as set out below, you and FredRox, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Platform, or the relationship between us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination of these Terms — shall be resolved by final and binding individual arbitration rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act.
Before starting an arbitration, you agree to first send a written notice of the dispute to legal@xzyservices.com describing the claim and the relief sought. We will do the same for any claim we have against you. Both parties agree to try in good faith to resolve the dispute for 60 days after that notice is sent. Only if the dispute is unresolved after 60 days may either party begin arbitration.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or its Consumer Arbitration Rules, where those apply), as modified by these Terms. The arbitration will be conducted by a single arbitrator. The seat of arbitration is Travis County, Texas; hearings may be held by telephone or videoconference, or in the county of your residence or principal place of business if you request it. The arbitrator may award the same individual relief a court could, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction. Each party is responsible for its own attorneys' fees unless a statute or the arbitrator's award provides otherwise.
You and FredRox, LLC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. You and FredRox, LLC also waive any right to a jury trial for any dispute covered by this section. If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed and heard in court, and the remainder of this Section 12 continues to apply to all other claims.
This arbitration agreement does not apply to: (a) claims that qualify for and are brought in small claims court, so long as they remain individual claims in that court; (b) claims for injunctive or other equitable relief to stop actual or threatened infringement or misuse of intellectual property or unauthorized access to the Platform, which either party may bring in the courts of Travis County, Texas; and (c) any claim that applicable law does not permit to be arbitrated.
You may opt out of this arbitration agreement and class action waiver. To opt out, send an email to legal@xzyservices.com with the subject line "Arbitration Opt-Out" and include your name, business name, and the email address on your account, within 30 days of the date you first accept these Terms (or, if you are an existing customer, within 30 days of the effective date of this version). Opting out will not affect any other part of these Terms, and it will not affect your account, your pricing, or the services you receive.
This Section 12 survives termination of these Terms and closure of your account. If any portion of this section other than the class action waiver is found unenforceable, that portion shall be severed and the remainder shall remain in force.
We may update these Terms at any time. Continued use of the Site or the Platform after changes constitutes acceptance. For material changes, including changes to Section 12, we will provide notice by email or through the Platform before the change takes effect.
XZY Services (FredRox, LLC)
Austin, TX
Email: legal@xzyservices.com