IMPORTANT: These Terms of Service (“terms”) are a legally binding contract between you and us ("everyone") and govern your use of all services, texts, contents, information, software, graphics, photographs, resources, and materials (“services”) that we provide, recommend, or refer to you, through any of our websites, emails, forums and/or communication channels (“channels”).

By registering and accessing our channels, you confirm that you are in agreement with and are bound by the conditions and provisions contained in these terms, as amended from time to time with or without notice to you. If you are entering into these terms on behalf of a company or other legal entity, you represent to have the authority to bind such entity to these terms in which case “you" or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you may not use or access any of our services and channels. Please see our Privacy Policy, which is incorporated into these terms by reference.

Our Services

Axiom, also known as Axiom Origin or axiomorigin.com (“us” or “our” or “we”), is an online technology-driven business optimization service provider that: (1) integrates, automates, develops, and optimizes multiple third-party applications, services, templates, workflows, and systems; (2) prospects and refers real estate leads to local real estate agents to multiple states; and (3) assist in real estate transaction coordination.

By using any of our services, we may require your permission and be exposed to your information, data, projections, files, and materials ("your data") available from third-party applications. You shall always retain ownership of your data. By allowing us to manage, access, and use your data, you are granting us worldwide, non-exclusive, royalty-free rights to use, copy, distribute and prepare derivative works to continue our services. We will not be responsible for the accuracy, content, transfer, and misuse of your data.

Our services are provided on an as-is basis, including content created by us, third-party creators, and users that may be protected by copyright, either from us, a third party, or you. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of data or information.

For any data, information, application, and additional content that we may display, include, refer to, or make available from a third party, you acknowledge and agree that we have no control over and assume no responsibility to you or any other person or entity, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any aspect thereof.

Any such content, activity, terms, conditions, warranties, or representations associated with such activity with third-party services, are solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party. Third-party services thereto are integrated, collated, and put together solely as a convenience to you and you access and use them entirely at your own risk and subject to such third-party terms and conditions.

Subject to prospecting and referral of real estate leads, you may only access and use our services for lawful purposes and in compliance with all applicable local, state, and federal laws, including Telephone Consumer Protection Act (TCPA), the Federal Trade Commission’s National Do Not Call Registry, CAN-SPAM Act, telemarketing regulations, and state and federal laws governing recording phone calls. Certain features of our services, such as predictive or power dialer capabilities, or contact between leads and unlicensed assistants, may be prohibited in your location. Prior to registering for our services, you must ensure that any such use is permitted in your location. You shall comply with any codes of conduct, policies, or other notices that we provide you or publish in connection with our services, and you shall promptly notify us if you learn of a security breach, issue, or local non-compliance related to our services. Without limiting any of the foregoing, you agree to comply and require that your employees, consultants, agents, representatives, and users comply, with all applicable laws, whether federal, state, local, or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded telephone call or video chat, that the call or chat is being recorded.

We reserve the right to control the number of our service delivery and reserve the right to refuse service to any individual or company at our sole discretion. You acknowledge and agree that if we disable your access, you may be prevented from accessing any of our services and channels, including your account details or any files or other materials which are contained in your account or subscription, with the exception of your data.

You agree that we exclusively reserve the right and may, at any time and without notice and any liability to you, (permanently or temporarily): (1) alter, modify, suspend or discontinue any of our offered services and channels; (2) change, update, add or remove provisions to our terms, policies, and pricing; and (3) delete our data and details provided to you (collectively referred to as “modifications”).

We may, from time to time, also provide enhancements or improvements that may modify or delete certain features and/or functionality of our services and channels, which may include patches, bug fixes, updates, and other upgrades (collectively referred to as “updates”).

You acknowledge and agree that we have no obligation to: (1) provide you with any modifications or updates; or (2) continue to provide or enable any particular features and functionalities of our services and channels to you. You further agree that all modifications and updates released will be deemed to constitute an integral part of our operations, and are subject to the terms and conditions of this agreement.

We will not be responsible for any outcome that may result from the course of your usage of our resources. Under no circumstances are we liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profits, arising out of the use, or the inability to use, of any of our services and channels, even in the case that our team or authorized representatives had been advised of the possibility of such damages. If your use of our services and channels results in the need for servicing, repair, correction, or replacement, you shall solely be responsible for the entirety of any costs thereof.

Unless, explicitly stated, any modification and update, including new contents, products, and services, shall be subject to these terms. If any of the modifications or updates of our services and channels are unacceptable to you, your only recourse is to cancel your subscription and cease use and access to our services and channels.

Continued use and access to our services and channels indicate that you acknowledge and agree to be bound by these modifications and updates. You may stop using any of our services and channels at any time. You can inform us when you decide to discontinue using any of our services and channels by sending us an email at support@axiomorigin.com, which shall discontinue your use of any of our services, resulting to immediate (1) cancelation to any integration, automation, development, and optimization in progress; (2) discontinuance of any prospecting and referral of any new leads; and (3) refusal to new transactions for transaction coordination. In the case of referred leads with pending or successful appointments, and transactions in-progress during receipt of your notice to discontinue, you understand and agree that you shall be responsible for the payment once service has been initiated, whether directly, automated, or through your representative, affiliate, associate, team member, or agent, as determined by issued invoice sent to your nominated primary email address.

You agree and acknowledge that, as a virtual-based company, we primarily communicate electronically. All our services and channels may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.

Furthermore, you agree and consent to receiving all communications, invoices, updates, documents, resources, notices, policies, disclosures, transaction receipts, statements, history, business correspondences, and other materials related to the pursuant of these terms electronically, with the exception of occasional complimentary branded items mailed to your mailing address, i.e. complimentary shirts, caps, totes, postcards, pens, mugs, etc. ("merchandise items" or "merch"). Any notice or other communication required or permitted hereunder shall be in writing and sent by electronic mail that you have provided to us.

All aforementioned communicated correspondence and materials may be monitored or recorded by us for the purpose of marketing, training, collections, and other business function beneficial for our interest, therefore shall not be abused or misused.

You agree to defend, indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any losses, claims, damages, costs, fees, awards, judgments, infringements, penalties, injuries or demand of any kind incurred by any third party ("claims"), including any reasonable fees that are due to or arising out of (1) your conduct, connection or use of our services and channels, (2) your violation of these Terms of Service, (3) any other violation of the rights of another person or party, or (4) any other violation and non-compliance with local, state, and federal laws, regulations and policies applicable to your locations.

You understand and agree that your use of any of our services and channels is provided and is made available to you at your own risk. These are provided to you "as is" and we expressly disclaim all warranties of any kind, implied, expressed, statutory, or otherwise, including but not limited to the warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that our services and channels will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems, workflows, or services, operate without interruption, meet any standard of performance or reliability, be error-free or that any errors or defects can or will be corrected, or will be delivered, operated or made available without interruptions, error-free, virus-free, timely, secure, accurate, reliable, or any quality, nor that any content is safe in any manner for download.

You understand and agree that neither we nor any participant in our services and channels provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.

Notwithstanding any damages that you might incur, we shall not be liable for any aggregate liability and any of our suppliers under any provision of these terms. You expressly understand and agree that we shall not be liable for any indirect, special, incidental, consequential, or exemplary damages of any type of kind, including but not limited to, business interruption, personal injury, damage for loss of profits, goodwill, use, data or privacy, or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of: (1) the use of or the inability to use our services, and/or channels; (2) the cost to obtain substitute services resulting from any transaction entered into on through our services and/or channels; (3) unauthorized access to or alteration of your data transmissions; (4) statements, conduct, software, hardware of any third party, or (5) any other matter relating to our services and channels.

For a period of five (5) years subsequent to the termination of your license grant with us, you agree and consent to not directly or indirectly solicit, induce, recruit, hire, or encourage any subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, who may have been assigned, recommended or introduced to you through our services and channels.

In the event that you introduce subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders to any third party under these terms, and such third party directly acquires services from our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders without contacting us, you shall be found in violation of this provision and these terms, and shall be responsible for liquidated damages set forth below. These provisions expressly exclude any recommended third-party providers that are recommended, assigned, or introduced as a result of our services and channels.

You acknowledge that we have incurred substantial research, negotiations, marketing, recruitment and onboarding, training, and management, in order to strategically match you with the best-recommended service providers for your business, and that each contact constitutes an asset to us.

You agree to not directly or indirectly engage with or to engage with as an employer to any of our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, who may have been recommended, assigned or introduced to you as a result of our services and channels, and for a period of five (5) years subsequent to the termination of your license grant with us, unless otherwise with our expressed written approval.

You also agree not to permit or cause such subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders to work for any other firms, team, or company, without our expressed written approval.

In acknowledgment that determining the resulting damages in violation of these terms is impractical or extremely difficult, you, therefore, agree to pay us liquidated damages for each violation and for each compromised lead or contact an amount equal to ten (10) months' worth of your monthly invoice. Furthermore, you specifically consent and agree that if ever you violate any part of this section, we may immediately charge all fees and liquidated damages due hereunder against your nominated bank or credit card account held on file. We, at our own discretion, may charge any portion of the said fees or damages without waiving any amounts you owed in excess of the said charge.

Terms of Usage

Upon successful registration, we hereby grant you a limited, personal, revocable, non-exclusive, non-transferable, worldwide right to use and access our services and channels, solely for your operations, subject to the terms and conditions of these terms ("license"). All rights not expressly granted to you are reserved by us.

You may not access our services and channels if you are our direct competitor. In addition, you may not access our services and channels for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes. You are also prohibited from enticing or inviting users to sign-up or use another website or provider.

You agree to hold all information relating to our services and channels, including, without limitations to, proprietary and private information that relates to all commercial, financial, marketing, scientific or technical information, designs, processes, procedures, improvements, management systems, operational methods, marketing plans, strategies, customer lists and contacts, analysis, contractual information, pricing terms and the like, disclosed to you by reason to these terms or any other communication with us (“confidential information”) in trust and confidence.

You shall not disclose any such information (directly or in part of) to any third party and shall retain the same confidentiality succeeding the termination of these terms. Without limiting any other obligations in these terms, you shall either return or destroy all confidential information that is copied, reproduced, downloaded, or printed from your license, together with any other copies thereof.

You agree not to, and not permit others to license, sublicense, sell, resell, transfer, assign, distribute, host, outsource, disclose, or otherwise commercially exploit or make available to any third-party our services and channels in any way. Furthermore, you agree not to, and not permit others to modify, alter, edit, copy, enhance, reproduce, create "links" or "frame" or "mirror", create derivative works of, reverse engineer, obscure any proprietary notice (including any notice of copyright or trademark), or otherwise commercially exploit our services and channels, in order to build a competitive product or service; build a product or service using similar ideas, features, functions or graphics; or copy any ideas, features or graphics of our services and channels.

You are only permitted to use our services and channels personally and agree to do so, without the use of any automated means including but not limited to the use of robotic tools, except where permission has been expressly granted by us.

Breach of any of these terms will automatically result in the termination of your license and shall subject you to immediately destroy any created, downloaded, or printed materials, resources, and any other form of works from your license (and any copies thereof).

You shall not: (1) send or store materials containing software viruses, worms, Trojan horses, or any other harmful computer codes, files, scripts, agents, or programs; (2) interfere with or disrupt the integrity or performance of our services, channels or data contained therein; or (3) attempt to gain unauthorized access to our services, channels or its related systems or networks.

Any submissions by you to us, including but not limited to comments, questions, suggestions, and materials (collectively referred to as "feedback") through any communication whatsoever, (i.e. call, fax, email, chat, etc.) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and allow us to freely use, without attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, licensing, marketing, selling, directly or use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in your feedback, and you have no right to compel such use, display, reproduction, or distribution.

You consent and acknowledge that we may use your name, influence, image, and positioning in videos, social media posts, campaigns, and other similar media platforms for any purpose whatsoever, including but not limited to marketing and selling, directly or use or display any part thereof, and you have no right to compel such use, display, reproduction, or distribution. Furthermore, you agree that we may use your experiences and feedback as a reference in improving our processes, operations, development, marketing, and sales.

We (and our licensors, where applicable) shall own all rights, title, and interest, including all related intellectual property rights including unpatented inventions and processes, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world, in and to our technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, and other tangible or intangible technical material or information) and our services, channels, and received feedback.

These terms are not a sale and do not convey to you any rights of ownership in or related to our services and channels, our technology, or the intellectual property rights owned by us. The Axiom (also known as Axiom Origin or axiomorigin.com) name, the Axiom logo, and the names associated with our services and channels are to be solely trademarked by us, and no right or license is granted to any other use.

Registration

To subscribe to our services, you must register for an account on our site by providing us with a valid email address and other information ("registration data"). By registering, you agree to provide true, accurate, current, and complete information when requested; be at least the age of eighteen (18) or older; and explicitly agree to our Terms of Service, which may be modified by us from time to time and available here.

We assume no obligations to verify your information. If we have proven or found reasonable grounds to suspect that your information is untrue, inaccurate, not current, or incomplete, you acknowledge that we have the right to suspend or terminate your user accounts and refuse any and all your current or future subscriptions and use of service.

Our services shall be installed, integrated, implemented, supplied, and delivered to you or your third-party applications, tools, templates, workflows, and systems. Additional content shall be provided to you through our channels. You may only access our services and channels by the email addresses and phone numbers that you have nominated for your accounts or subscriptions.

You are responsible to maintain the confidentiality of your data, accounts, and subscriptions, and shall be responsible for all uses and logins from your nominated contact information, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your data and information, or any other breach of security. When using a public computer or device, you must sign out and clear your cache history when you have finished using our services and channels. We cannot and will not be liable for any loss or damages arising from your failure to comply with this section.

Invoicing and Fees

Prices are shown in US Dollars on all channels and are inclusive of any taxes.

All payments are final and non-refundable and shall only be deemed to have occurred once we are in receipt of cleared funds. Subject to the services that you have registered with, you will be prompted to provide current, complete, and accurate billing information ("billing data") and complete your payment with PayPal, when required. You confirm that all details you have provided to us for the purpose of subscribing to our services will be correct. We reserve the right to obtain validation of your billing data before providing our services to you and refuse any order placed by you.

All payments shall be made through PayPal invoices that are issued and emailed to your nominated primary email address. We do not accept any other payment methods.

By registering to any of our services, including order of service for (1) strategy integration and optimization, (2) lead prospecting and referral, and (3) transaction coordination, you agree to pay the complete and full fee associated with the particular service. You understand and agree that upon successful registration or order of service, you agree to promptly pay the fee associated with our services, as determined by the terms of the invoice that will be sent to your nominated primary email address.

We may change our prices at any time without notice to you, but we will endeavor that the prices displayed on our website are accurate. In the event that we are unable to collect the fees owed for your account, you agree that we may take any other steps deemed necessary to collect such fees and that you will be responsible for all costs and expenses incurred for the collection activity, including collection fees, court costs, and any other legal fees.

We, at our sole discretion, at any time and for any reason, reserve the right to disable, terminate or suspend your access to any of our services provided to you.

In the event of a suspension, cancellation, or termination of your access to any of our services and channels, and any files, data, or any other content contained, provided, or made available to you as part of our services shall be deleted.

Final Provisions

These terms, including our Privacy Policy, constitute the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter, hereof, oral or written.

If any provisions of these terms shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Our failure to enforce the strict performance of any provision of these terms shall not constitute the waiver of our right to subsequently enforce such provisions or any other provisions of these terms. No modification or waiver of any of the provisions, or any future representation, promises, or addition shall be binding unless otherwise made in writing.

Any rights not expressly granted herein are reserved.

These Terms of Service shall be governed by and construed in accordance with the laws of the Philippines. Any and all disputes and controversies arising from, connected with, or relating to these terms, including relating to the construction, meaning, performance, effect, existence, or validity of these terms or any breach thereof shall be resolved and settled by arbitration by the courts of the in Metro Manila, Philippines. Any arbitration award shall be final and binding upon the parties, shall be the exclusive remedy between the parties, and may be enforced by the judgment of a competent court having jurisdiction.

All notices or other correspondence to us under these terms must be sent to the following electronic mail address for such purpose: support@axiomorigin.com

Last revision: August 25, 2022.