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Terms of Service

Last updated: September 27, 2026

These Terms of Service ("Terms") are a legally binding agreement between you and utobo, Inc. ("utobo," "we," "us," or "our") and govern your access to and use of the Services described below. By creating an account, clicking to accept, or using the Services, you agree to these Terms. If you use the Services on behalf of an organization, you agree to these Terms for that organization and confirm you have authority to bind it.

IMPORTANT NOTICE: These Terms contain a binding arbitration clause and class action waiver (Section 17) that affect how disputes are resolved. You may opt out of arbitration within 30 days as described in Section 17.6.

1. Definitions and Scope

  • "Sites" means utobo.com, utobo.ai, and utobians.com, all of their subdomains, and any other website, application, or domain operated by utobo that links to these Terms.
  • "Services" means the Sites and all utobo products and features, including utobo Store (online stores, courses, digital products, memberships, paid sessions, and SmartLink pages), utobo Email (transactional email, campaigns, newsletters, sequences, and automations), AI Features and utobo Agents, and our APIs, SMTP relay, SDKs, integrations, and support.
  • "You" or "Creator" means the individual or entity that registers for or uses the Services, including anyone you authorize to use your account ("Team Members").
  • "Store" means any storefront, product page, course, membership, booking page, or SmartLink page you build with utobo Store, whether it is served at a utobians.com address or at a domain you connect.
  • "Buyer" means anyone who visits, purchases from, enrolls in, subscribes to, or otherwise interacts with your Store, or who receives email you send through the Services.
  • "Content" means text, images, video, audio, files, products, code, data, and any other material you or your Team Members upload, create, or make available through the Services, including AI Output.
  • "Customer Data" means personal data about Buyers, contacts, and recipients that you upload to or collect through the Services.

The following policies are part of these Terms: the Acceptable Use Policy, Email Terms and Conditions, Anti-Spam Policy, AI Terms, Privacy Policy, Buyer Privacy Notice, Cookie Policy, Data Processing Addendum, Copyright and DMCA Policy, and, if you participate, the Affiliate Program Agreement (together, the "Policies"). If a Policy conflicts with these Terms, the Policy controls for its specific subject matter.

2. Your Account

2.1 Registration and Eligibility

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract. You must provide accurate, current, and complete information and keep it up to date. You may not use the Services if you are barred from doing so under applicable law, including sanctions and export-control laws.

2.2 Account Security and Team Members

You are responsible for all activity under your account, including activity by Team Members and by any API keys, integrations, or Agents you configure. Keep your credentials confidential and notify us immediately at support@utobo.com of any unauthorized access. The account owner remains responsible for compliance with these Terms even when Team Members act on the account.

2.3 Ownership Disputes

If there is a dispute about who owns an account, we may determine ownership based on the information available to us, including registration details, payment history, and domain control, and we may suspend the account while the dispute is resolved. Our determination is final unless a court order provides otherwise.

3. utobo Store

3.1 You Are the Seller

utobo provides the technology you use to run your Store. utobo is not a marketplace, is not the seller or merchant of record, and is not a party to any transaction between you and a Buyer. Every sale, subscription, booking, or enrollment made through your Store is a contract directly and only between you and the Buyer.

3.2 Your Responsibilities to Buyers

You are solely responsible for your Store and everything sold through it, including product descriptions, pricing, delivery of and access to products and services, customer support, refunds, cancellations, chargebacks, warranties, consumer-protection disclosures, accessibility, and determining, collecting, and remitting all applicable taxes. You must honor the commitments you make to Buyers.

3.3 Required Store Policies

Each Store must clearly display your legal or business name, public contact information, terms of sale, a refund policy, and a privacy policy that accurately describes how you handle Buyer data, plus any other notices required by law. utobo may provide templates or default text for convenience; they are not legal advice, and you are responsible for their accuracy and legal sufficiency.

3.4 Payments

Buyer payments are processed by third-party payment processors, such as Stripe and PayPal, through accounts you hold directly with them. Your relationship with each processor is governed by its own terms, and funds settle according to that processor's schedule. utobo does not hold Buyer funds. Where your plan states a 0% platform transaction fee, payment-processing fees charged by the processor still apply.

3.5 utobians.com Addresses

We may give your Store an address on utobians.com (for example, yourstore.utobians.com). utobo owns utobians.com and all of its subdomains. You receive a limited, revocable, non-transferable license to use your assigned subdomain while your account is active and in good standing. We may change, reclaim, suspend, or refuse a subdomain that is inactive, misleading, infringing, impersonates another person or brand, uses a reserved name, or violates these Terms, and we release the subdomain when your account ends.

3.6 Custom Domains

If you connect your own domain, you are responsible for its registration, renewal, DNS settings, and compliance with your registrar's terms. You authorize us and our service providers (including content-delivery and network-security providers) to issue TLS certificates for, route, cache, and serve traffic for that domain while it is connected. When your account ends or the domain is disconnected, we stop serving your Store on it.

3.7 Buyer Data

You are the controller of Customer Data about your Buyers, and utobo processes it on your behalf under the Data Processing Addendum. You must have a lawful basis to collect and use Buyer data and give Buyers any notices the law requires. Our Buyer Privacy Notice explains utobo's limited role to Buyers.

3.8 No Earnings Guarantee

utobo does not guarantee any level of sales, revenue, traffic, deliverability, or business results. Examples, case studies, and figures on the Sites are illustrative only.

4. utobo Email

If you use utobo Email, you must follow the Email Terms and Conditions, the Anti-Spam Policy, and the Acceptable Use Policy. You are solely responsible for the content of your messages, for having valid consent or another lawful basis to contact each recipient, and for honoring unsubscribe requests. We may apply sending limits, pause sending, or suspend accounts to protect deliverability and the reputation of our sending infrastructure.

5. AI Features and utobo Agents

Your use of AI Features and utobo Agents is governed by our AI Terms. AI Output can be inaccurate, incomplete, or similar to output generated for others. You must review AI Output before you publish, send, or rely on it, and you are responsible for how you use it and for any action an Agent takes under the configuration, instructions, and permissions you provide.

6. Service Providers and Third-Party Services

6.1 Our Service Providers

We use trusted third-party service providers to host, secure, deliver, and operate the Services. These include cloud infrastructure, database, and storage providers; content-delivery, DNS, and network-security providers; artificial-intelligence and machine-learning providers; payment processors; and email, messaging, and communications providers. Current providers include Amazon Web Services, Google Cloud (including Gemini), Microsoft Azure, Supabase, and Cloudflare. The current list of providers that process Customer Data, with each provider's purpose and location, is published at utobo.com/legal/subprocessors and may change over time as described in the Data Processing Addendum.

6.2 Third-Party Services You Choose

The Services let you connect third-party products and services, such as payment processors, video-meeting tools, domain registrars, analytics, and other integrations ("Third-Party Services"). Your use of a Third-Party Service is governed solely by the terms between you and its provider. When you enable one, you authorize us to share the data needed for it to work. utobo does not control and is not responsible for Third-Party Services, including their availability, security, fees, or changes.

7. Fees and Payment

7.1 Charges

You agree to pay all fees for your plan, add-ons, and usage-based charges (such as transactional email overages or AI usage), as shown at purchase or on the pricing pages. Fees are stated in U.S. dollars unless otherwise specified. You authorize us and our payment processor to charge your payment method on file.

7.2 Subscriptions and Renewal

Subscriptions are billed in advance on a monthly or annual basis and renew automatically at the end of each billing period until canceled. You can cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.

7.3 Trials and Promotions

Trials and promotional pricing are subject to the terms shown at the time of the offer. Unless you cancel before a trial or promotion ends, your subscription continues at the standard rate.

7.4 Plan Changes

Upgrades take effect immediately and are prorated for the remainder of the current billing period. Downgrades take effect at the start of the next billing period and may reduce features, limits, or capacity.

7.5 Taxes

Fees exclude taxes. You are responsible for all applicable taxes on your purchases from utobo, other than taxes on utobo's income. Where we are required to collect tax, we add it to your invoice. You are separately responsible for all taxes on your own sales to Buyers.

7.6 Price Changes

We will give you at least 30 days' notice before a price increase takes effect for your plan. If you do not agree, you may cancel before the increase takes effect.

7.7 Refunds

Fees are non-refundable except where required by law or where we determine, in our discretion, that a billing error occurred. Refund requests for billing errors must be sent to support@utobo.com within 30 days of the charge.

7.8 Payment Failures

If a payment fails, we may retry it and may suspend or limit the Services until the balance is paid. Accounts with balances unpaid for 60 days may be terminated.

8. Your Content

8.1 Ownership and Responsibility

You keep ownership of your Content. You are solely responsible for it and confirm that you have all rights needed to use it with the Services and that it does not violate the law, third-party rights, or the Policies.

8.2 License to utobo

You grant utobo a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, format, adapt (for example, to fit different screens), display, and distribute your Content, and to allow our service providers to do the same, solely to provide, secure, support, and improve the Services and to display your Store and messages to their intended audiences. This license ends when your Content is deleted from the Services, except for copies retained in backups for a limited period or as required by law.

8.3 Showcasing Your Store

We may display your business name, logo, and public Store pages to showcase the Services (for example, in examples or customer lists). You can opt out at any time by emailing support@utobo.com; opting out does not affect prior uses.

8.4 Intellectual Property Complaints

We respond to notices of alleged copyright infringement under our Copyright and DMCA Policy and terminate the accounts of repeat infringers in appropriate circumstances. We may remove or disable access to Content that we believe infringes another party's rights.

9. Privacy and Security

Our Privacy Policy describes how we handle personal data as a controller, and our Data Processing Addendum governs our processing of Customer Data on your behalf. We use commercially reasonable administrative, technical, and organizational measures to protect the Services, but no system is completely secure. You are responsible for securing your credentials, devices, and connected services, and for configuring the Services appropriately for your data. We will notify you of a security incident affecting your Customer Data as required by law and the Data Processing Addendum. Each party must keep the other's non-public information confidential and use it only to perform under these Terms.

10. utobo's Intellectual Property

The Services, including software, designs, templates, text, graphics, and the "utobo" name and logos, are owned by utobo or its licensors and are protected by intellectual-property laws. Except for the rights expressly granted in these Terms, no rights are transferred to you. You may not use utobo trademarks without our prior written permission. If you give us feedback or suggestions, we may use them without restriction or compensation.

11. Acceptable Use and Restrictions

You must comply with the Acceptable Use Policy and all applicable laws. You must not: (a) interfere with, disrupt, or attempt to gain unauthorized access to the Services or other accounts; (b) scrape or access the Services by automated means except through our documented APIs; (c) reverse engineer, decompile, or copy the Services, except as permitted by law; (d) resell or sublicense the Services except as expressly allowed; (e) use the Services to build or benchmark a competing product; or (f) bypass rate limits, sending limits, or security controls. You agree to cooperate with reasonable requests in any investigation of suspected violations. We may monitor use of the Services, review Content, and remove Content or restrict features to enforce these Terms.

12. Beta Features

We may offer features labeled beta, preview, early access, or similar. They are provided "as is," may be changed or discontinued at any time, may have limited support, and are excluded from any service commitments.

13. Suspension and Termination

13.1 Suspension

We may suspend all or part of the Services immediately if we reasonably believe you have violated these Terms or the Policies, your account is compromised, your use poses a security, legal, deliverability, or fraud risk, or suspension is required by law. We will try to notify you, but advance notice is not always possible.

13.2 Termination

You may close your account at any time from your account settings or by contacting support. We may terminate your account for violation of these Terms with or without notice, or for any other reason on 30 days' notice.

13.3 Effect of Termination and Data Export

When your account ends, your Stores are taken offline, your utobians.com address is released, sending stops, and any outstanding fees become due. For 30 days after termination (other than termination for fraud, abuse, or illegal activity), you may request an export of your Content and Customer Data by contacting support@utobo.com. After that period we will delete it in line with our retention practices, except where retention is required by law. Sections that by their nature should survive termination, including Sections 7, 8.2, 10, and 14 to 18, survive.

14. Changes to the Services and These Terms

We may update, add, or remove features from time to time. We may change these Terms; for material changes we will give at least 30 days' notice by email or in the Services before they take effect, unless a change is required sooner by law or addresses a new feature or a security or abuse risk. Continued use after the effective date means you accept the updated Terms. If you do not agree, you must stop using the Services and close your account before the changes take effect.

15. Disclaimers and Limitation of Liability

15.1 Disclaimer of Warranties

THE SERVICES, INCLUDING AI FEATURES, AGENTS, AND BETA FEATURES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. UTOBO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT EMAILS WILL BE DELIVERED TO ANY INBOX, OR THAT AI OUTPUT WILL BE ACCURATE.

15.2 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UTOBO AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

15.3 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UTOBO'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO UTOBO IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

15.4 Basis of the Bargain

These limitations are an essential part of the bargain between you and utobo and apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of them may not apply to you.

16. Indemnification

You will defend, indemnify, and hold harmless utobo and its affiliates, officers, employees, agents, and service providers from any claims, losses, damages, liabilities, and costs (including reasonable attorneys' fees) arising from: (a) your Content or Store; (b) products or services you sell and any transaction or dispute with a Buyer; (c) messages you send through the Services; (d) your use of AI Output or actions taken by Agents you configure; (e) your Third-Party Services; or (f) your violation of these Terms, the Policies, applicable law, or third-party rights. We will notify you of any claim, and you may not settle a claim that imposes obligations on utobo without our written consent. We may participate in the defense with counsel of our choice at our own expense.

17. Dispute Resolution

17.1 Informal Resolution

Before starting a formal proceeding, you agree to contact us at legal@utobo.com and try to resolve the dispute informally for at least 30 days.

17.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will take place in Santa Clara County, California, or remotely, unless the parties agree otherwise. The arbitrator's decision is final and may be entered in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND UTOBO MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

17.4 Exceptions

Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or to stop unauthorized use or abuse of the Services.

17.5 Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any proceeding not subject to arbitration must be brought exclusively in the state or federal courts located in Santa Clara County, California.

17.6 30-Day Opt-Out

You may opt out of arbitration by emailing legal@utobo.com within 30 days after you first accept these Terms, including your name, your account email address, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

18. General

Entire agreement. These Terms and the Policies are the entire agreement between you and utobo regarding the Services and supersede prior agreements on that subject. Severability. If any provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain in effect. Waiver. Our failure to enforce a provision is not a waiver. Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate. Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including outages of third-party infrastructure or network providers. Relationship. The parties are independent contractors. No third-party beneficiaries. These Terms do not create rights for Buyers or any other third party. Export and sanctions. You must comply with all applicable export-control and sanctions laws. Electronic communications. You consent to receive notices and agreements electronically, which satisfy any requirement that they be in writing. Headings are for convenience only.

Contact

utobo, Inc., 800 W El Camino Real Suite 180, Mountain View, CA 94040, USA. Support: support@utobo.com. Legal notices: legal@utobo.com.