Terms and Conditions
Last Updated: June 3, 2025
Introduction
Welcome to CXperks, a service of Magazine Jukebox, Inc.("CXperks," "we," or "us"). These Terms and Conditions ("Terms") govern the relationship between you ("Customer" or "User") and CXperks and outline your rights and obligations. By accessing or using CXperks, you agree to these Terms.
This is a legally binding contract. It includes a mandatory arbitration clause and waiver of class actions. Please read carefully.
I. Customer Terms
A. Services Provided
CXperks provides access to digital content and engagementtools at designated Customer locations ("Locations") for use by guests, patients, or other users ("Users"). We may update or change available content at any time. Customers will have access to our support dashboard for ongoing assistance.
Customers are responsible for submitting ad creatives in required formats. Ads may take up to 14 business days to go live. Unused ad space may be filled by CXperks.
We do not guarantee specific usage levels at any Location.
B. Pricing, Term Commitments, and Billing
Your agreement to these Terms is determined by the pricing and term outlined in your quote and paid invoice. If the pricing you select (e.g., $50/month) is tied to a 3-year term, then your agreement is for 3 years. Likewise, if you select pricing linked to a 1-year term (e.g., $80/month), then your commitment is for 1 year.
No refunds will be issued unless a fault is directly attributable to CXperks.
Invoices must be paid within 30 days. Unpaid balances are subject to interestand possible service suspension. Any unpaid commitments for the full agreementterm remain due.
Recurring subscriptions authorize CXperks to charge your selected payment method at agreed intervals (monthly, annually, etc.) unless you cancel according to your plan's cancellation policy. Canceling early does not remove your responsibility to pay for the full committed term.
C. Customer Responsibilities
- Services may only be used at approved Locations.
- QR codes must be displayed and updated at least every six (6) months.
- Unauthorized use of QR codes or Services outside designated Locations may result in penalties and/or service suspension.
- CXperks branding must remain on marketing materials unless an exception is granted in writing.
D. Free Subscriptions
If granted a free subscription, CXperks may terminate it at any time. Customer agrees to promote the service with visible collateral. Cancellation can be done by removing all CXperks materials and notifying us via email.
E.Assignment & Relationship
Customers may not assign or transfer this agreement without written permission. CXperks may assign its rights to an affiliate or success or entity. Both parties are independent contractors.
II. User Terms
Users access CXperks content at their own risk. All content is provided "as is." CXperks is not liable for content from third-party publishers or for service interruptions. We make no guarantees regarding content accuracy, reliability, or fitness for a particular purpose.
III. General Provisions for Customers and Users
- Our Privacy Policy is part of these Terms.
- Services may be modified or interrupted due to technical or legal updates.
- Intellectual property belongs to CXperks and/or its licensors. Unauthorized use is prohibited.
- Unauthorized access or misuse may lead to termination without refund.
- Advertising shown through the platform is PG-rated and non-competitive.
- CXperks may highlight Customer relationships on social media unless Customer opts out in writing.
- CXperks may integrate with third-party tools or devices. Compatibility is not guaranteed.
- These Terms may change with notice. Continued use constitutes acceptance.
- Confidentiality obligations apply to both parties.
- Notices must be in writing and sent to designated addresses.
- If any part of this agreement is invalidated, the rest remains enforceable.
- Customers indemnify CXperks against claims arising from misuse or violation of these Terms.
- Liability is limited to the amount paid by Customer for the service in question.
- Waivers must be in writing. CXperks retains all legal remedies.
- Virginia law governs these Terms.
Dispute Resolution and Arbitration
All disputes must be resolved through binding arbitration in Norfolk, VA. You waive your right to participate in class actions or jury trials. Any claim must be brought within one (1) year.
Plan-Specific Terms
Customers selecting the Foundation Plan authorize CXperks to display programmatic advertising within the platform at registered Location(s). CXperks maintains standards to ensure ad content remains clean, appropriate for all ages, and professionally presented. Some advertisements may redirect Users to third-party sites; CXperks does not control and is not liable for any content or interactions that occur outside the platform.
