These Terms of Service ("Terms") govern access to and use of UTMFOX.com, app.utmfox.com, and the software, applications, features, integrations, APIs, redirect tools, analytics tools, and related services provided by UTM Fox LLC ("UTMFOX," "we," "us," or "our"), collectively, the "Service."
By accessing the Service, creating an account, accepting an invitation to a UTMFOX account, connecting an integration, purchasing or using a paid plan, or otherwise using the Service, you agree to these Terms.
If you use the Service on behalf of a company, organization, agency, client, or other legal entity ("Organization"), you represent and warrant that you have authority to bind that Organization to these Terms. In that case, "you" and "Customer" refer to that Organization and its authorized users.
If you do not agree to these Terms, do not access or use the Service.
UTMFOX is a software-as-a-service platform designed to help businesses and teams create, standardize, manage, govern, organize, track, and deploy URLs, UTM parameters, campaign links, vanity URLs, and redirects.
The Service may include features such as:
Features may vary by subscription plan.
UTMFOX is primarily intended for businesses, organizations, marketing teams, agencies, and other professional users.
The person establishing an account or accepting these Terms on behalf of an Organization must:
An Organization may permit authorized team members who are at least 16 years old to access the Service, subject to applicable law and the Organization's policies.
The Organization is responsible for ensuring that each authorized user is permitted to use the Service.
UTMFOX may establish additional eligibility requirements for particular features.
Certain features require a UTMFOX account.
You agree to provide accurate and reasonably complete account information and to keep that information current.
You are responsible for:
Account credentials may not be shared among individuals unless a feature or subscription plan expressly permits shared access.
UTMFOX may require additional authentication or security measures when appropriate.
Customers may invite employees, contractors, agencies, consultants, or other authorized individuals to access their account.
The Customer is responsible for all Authorized Users associated with its account and for managing their permissions.
Actions performed by an Authorized User will generally be treated as actions authorized by the Customer.
Account administrators may be able to create, modify, delete, or manage campaigns, URLs, redirects, integrations, users, domains, and other Customer resources.
Customers are responsible for assigning appropriate permissions.
You may only connect, manage, modify, redirect, or otherwise interact with a website, domain, URL, account, advertising property, analytics property, or third-party service that you own or are authorized to manage.
If you are an agency, contractor, employee, or consultant working for another organization, you represent that you have sufficient authorization from the applicable client or organization.
UTMFOX may request reasonable evidence of authorization if ownership or authority is disputed.
UTMFOX may offer a Free plan with limited features or usage.
Free-plan limitations may include limits on:
UTMFOX may modify Free-plan limits from time to time.
A Free account may create up to five UTMs while using the applicable Free-plan functionality.
If a Customer connects a Cloudflare integration and creates more than five UTMs, the account will be upgraded to the then-current UTMFOX Basic plan.
By connecting Cloudflare and proceeding beyond the five-UTM Free-plan limit, the Customer authorizes UTMFOX to convert the account to the Basic plan and bill the applicable monthly subscription price disclosed within the Service or during the upgrade process.
UTMFOX should provide notice within the Service regarding the applicable Basic plan price before the paid upgrade occurs.
If a valid payment method is required but unavailable, UTMFOX may restrict the applicable functionality until billing information is provided.
Paid UTMFOX plans are billed monthly unless a separate Order Form, enterprise agreement, promotional offer, or written agreement specifies otherwise.
Subscription fees and included features are displayed within the Service or applicable pricing materials.
By purchasing or upgrading to a paid subscription, you authorize UTMFOX and its payment processor to charge your designated payment method for recurring subscription fees, applicable taxes, and other authorized charges.
Unless canceled, paid subscriptions automatically renew for successive monthly billing periods.
You may cancel a subscription using available account-management functionality or another cancellation process made available by UTMFOX.
Cancellation prevents future renewals but does not ordinarily result in a refund of fees already paid.
Payments are due on the applicable billing date.
If payment cannot be successfully processed, UTMFOX will provide a grace period of five calendar days following the payment due date.
During the grace period, UTMFOX may attempt to process the payment again.
If payment remains outstanding after the five-day grace period, UTMFOX may:
The Customer remains responsible for outstanding amounts.
Restoration of Service may require payment of outstanding charges.
Subscription prices may exclude sales, use, value-added, withholding, or similar taxes.
You are responsible for taxes legally applicable to your purchase, excluding taxes imposed on UTMFOX's income.
UTMFOX may collect taxes when required.
Except where required by law or expressly stated otherwise, payments to UTMFOX are non-refundable.
UTMFOX may issue refunds, partial refunds, credits, or other adjustments on a case-by-case basis in its discretion.
Providing a refund or credit in one circumstance does not create an obligation to provide the same treatment in another circumstance.
Requests may be submitted to legal@utmfox.com or through any billing-support method offered within the Service.
Customers are responsible for determining how generated URLs and UTM parameters are used.
UTMFOX may assist with generation, formatting, standardization, validation, governance, and deployment, but Customer remains responsible for its:
UTMFOX does not guarantee that any particular UTM structure will produce accurate attribution or particular marketing results.
UTMFOX may allow Customers to create or manage vanity URLs and redirects.
Depending on the feature or integration, a redirect may:
Customer acknowledges that these implementations have different dependencies.
If a redirect is hosted by UTMFOX, it may stop operating if the applicable account is suspended or terminated.
If UTMFOX creates or manages a redirect within a Customer-controlled third-party service, the redirect may continue operating independently of UTMFOX unless removed, modified, disabled, or otherwise affected by that third party or Customer.
UTMFOX does not guarantee the continued availability of any redirect that depends on infrastructure outside UTMFOX's control.
Customers are solely responsible for websites, applications, downloads, content, products, services, and other destinations reached through URLs or redirects they create or manage using UTMFOX.
You may not knowingly use UTMFOX to redirect users to:
UTMFOX may disable or suspend a URL, redirect, integration, user, or account that reasonably appears to present a security, fraud, legal, or abuse risk.
Marketing attribution is affected by factors outside UTMFOX's control, including browsers, privacy settings, analytics platforms, cookie restrictions, advertising platforms, tracking prevention, ad blockers, consent systems, network conditions, third-party software, and configuration choices.
Accordingly, UTMFOX does not warrant that:
Customers should independently validate analytics configurations when attribution data is material to business decisions.
UTMFOX may integrate with third-party platforms such as:
When you connect a third-party service, you authorize UTMFOX to access, transmit, retrieve, create, update, or manage information within that service to the extent reasonably necessary to provide the requested functionality.
You represent that you have authority to provide such access.
Third-party services are governed by their own agreements and policies.
UTMFOX does not control and is not responsible for third-party services, including their:
A third party's modification or discontinuation of an API or service may cause a UTMFOX integration or feature to change or stop functioning.
UTMFOX may modify or discontinue an integration when continued support is commercially or technically impractical.
You may not use the Service to:
Except with UTMFOX's written permission, you may not access the Service primarily to reverse engineer, replicate, benchmark for publication, or copy UTMFOX's proprietary functionality for development of a competing commercial service.
Nothing in this section prohibits lawful competitive analysis that cannot legally be restricted.
UTMFOX reserves the right to investigate suspected misuse.
UTMFOX may immediately restrict or suspend an account, user, URL, integration, redirect, API key, domain connection, or other functionality when UTMFOX reasonably believes doing so is necessary to:
When reasonably practicable, UTMFOX may provide notice and an opportunity to cure.
UTMFOX is not required to provide advance notice when immediate action is reasonably necessary to address security, fraud, abuse, or legal risk.
"Customer Data" means URLs, campaign information, UTM structures, domains, uploaded information, account content, configurations, and other information submitted to or generated through the Service on behalf of Customer.
As between Customer and UTMFOX, Customer retains ownership of its Customer Data, including its:
These Terms do not transfer ownership of Customer Data to UTMFOX.
Customer grants UTMFOX a worldwide, non-exclusive license to host, copy, transmit, process, modify, display, and otherwise use Customer Data to the extent reasonably necessary to:
UTMFOX may create and use aggregated, statistical, or de-identified information derived from use of the Service.
UTMFOX may use such information for purposes including:
UTMFOX will not intentionally identify a Customer publicly from aggregated or de-identified information unless authorized by the Customer.
UTMFOX may use information processed through the Service, including campaign metadata and Customer Data, to develop, operate, improve, evaluate, and train automated systems, machine-learning systems, and artificial-intelligence features used in connection with UTMFOX.
Where commercially reasonable, UTMFOX may aggregate or de-identify information used for these purposes.
UTMFOX will not acquire ownership of Customer Data solely because it is processed for these purposes.
Any use of personal information for artificial-intelligence or machine-learning purposes is also subject to UTMFOX's Privacy Policy and applicable law.
UTMFOX may establish additional controls, opt-outs, or plan-specific restrictions relating to AI functionality.
Each party may receive non-public information from the other that a reasonable person would understand to be confidential.
Confidential Information may include:
The receiving party will use reasonable care to protect Confidential Information and will use it only as necessary to perform or receive services under these Terms.
Confidential Information does not include information that the receiving party can demonstrate:
A party may disclose Confidential Information when required by law, subpoena, or court order, subject to applicable legal restrictions.
UTMFOX's collection, processing, storage, and use of personal information is governed by its Privacy Policy.
Customers are responsible for determining whether their own use of UTMFOX requires notices, consents, agreements, disclosures, data-processing terms, or other measures under applicable privacy laws.
Customers are also responsible for the privacy practices associated with their destination websites, advertising campaigns, analytics systems, forms, cookies, and tracking technologies.
UTMFOX and its licensors retain all rights, title, and interest in and to the Service and its underlying technology.
This includes, as applicable:
Except for the limited right to use the Service under these Terms, no intellectual-property rights are transferred to Customer.
Subject to these Terms and payment of applicable fees, UTMFOX grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the applicable subscription period for Customer's internal business purposes.
Authorized agencies or service providers may use the Service for their clients when permitted by the applicable plan, provided they possess appropriate authorization.
If you voluntarily provide ideas, recommendations, suggestions, enhancement requests, or other feedback concerning UTMFOX, you grant UTMFOX a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation.
This provision does not transfer ownership of Customer Data.
UTMFOX may add, modify, limit, replace, or discontinue features.
UTMFOX may also establish reasonable technical limits relating to storage, API usage, redirects, requests, integrations, users, domains, or other Service functionality.
For material changes that substantially reduce the core functionality of a paid plan, UTMFOX will use commercially reasonable efforts to provide notice when practical.
UTMFOX may make alpha, beta, preview, experimental, early-access, or similar functionality available.
Such features may be incomplete, unstable, modified, or discontinued without notice.
Unless expressly agreed otherwise, beta or experimental functionality is provided "as is" and should not be relied upon for mission-critical purposes.
UTMFOX will use commercially reasonable efforts to operate the Service reliably.
However, unless a separate written service-level agreement states otherwise, UTMFOX does not guarantee:
Maintenance, infrastructure failures, third-party outages, security events, Internet failures, force majeure events, and other circumstances may affect availability.
Customers should maintain appropriate copies of business-critical information when reasonably possible.
UTMFOX is not intended to serve as the sole archival repository for Customer's campaign data, domain information, URLs, or business records unless expressly agreed otherwise in writing.
UTMFOX may implement administrative, technical, and organizational measures designed to protect the Service and Customer Data.
No Internet-connected system can be guaranteed to be completely secure.
Customer is responsible for maintaining appropriate security controls for its own systems, credentials, domains, integrations, users, and devices.
Customer should promptly notify UTMFOX if it believes an account, integration, credential, or UTMFOX-connected system has been compromised.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
UTMFOX DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
UTMFOX DOES NOT WARRANT THAT THE SERVICE WILL:
Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
UTMFOX provides software tools.
UTMFOX does not guarantee:
Customers remain responsible for their marketing and business decisions.
To the maximum extent permitted by law, Customer will defend, indemnify, and hold harmless UTMFOX and its owners, officers, employees, contractors, affiliates, and agents from third-party claims, damages, liabilities, judgments, penalties, costs, and reasonable attorneys' fees arising from or relating to:
UTMFOX will provide reasonable notice of an indemnified claim when practicable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UTMFOX WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UTMFOX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO UTMFOX DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IF CUSTOMER HAS USED ONLY A FREE PLAN AND HAS PAID NO FEES DURING THAT PERIOD, UTMFOX'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED $100.
These limitations apply regardless of the legal theory asserted and even if a remedy fails of its essential purpose, except to the extent a limitation is prohibited by applicable law.
Customer may stop using UTMFOX at any time.
Canceling a paid subscription prevents future subscription renewals but does not ordinarily entitle Customer to a refund for the current billing period.
Customer is responsible for exporting information it wishes to retain before account deletion or termination where export functionality is available.
UTMFOX may suspend or terminate access if Customer:
UTMFOX may also discontinue the Service upon reasonable notice where practicable.
Upon termination:
UTMFOX may retain or delete Customer Data in accordance with its data-retention practices, Privacy Policy, legal obligations, backup procedures, and legitimate business needs.
Sections that by their nature should survive termination will survive, including provisions relating to ownership, confidentiality, disclaimers, liability, indemnification, dispute resolution, and amounts owed.
These Terms and disputes arising from them are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration provision to the extent applicable.
Texas arbitration law may additionally apply where applicable and not preempted by federal law.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED.
Except for matters that applicable law does not permit to be arbitrated and requests for temporary or preliminary injunctive relief necessary to protect intellectual property, security, confidential information, domains, or systems, any dispute, claim, or controversy arising out of or relating to:
will be resolved through binding arbitration.
Before initiating arbitration, the complaining party must provide written notice describing the dispute and requested resolution.
The parties will attempt in good faith to resolve the dispute informally for at least 30 days following receipt of the notice.
If the dispute remains unresolved, either party may initiate arbitration.
Unless the parties agree otherwise, arbitration will:
The arbitrator may award any remedy available under applicable law within the scope of the parties' agreement.
Judgment on an arbitration award may be entered in any court having jurisdiction.
Nothing in this section prevents either party from seeking temporary or preliminary court relief when reasonably necessary to prevent immediate misuse of intellectual property, confidential information, credentials, systems, or domains pending arbitration.
To the extent a dispute is subject to binding arbitration, the parties understand that arbitration replaces the right to have that dispute decided by a judge or jury in court.
UTMFOX may update these Terms from time to time.
When Terms are updated, UTMFOX will revise the "Last Updated" date.
For material changes, UTMFOX may provide additional notice through:
Unless otherwise stated, revised Terms become effective when posted or on the effective date specified in the notice.
Where required by law, UTMFOX will obtain additional consent.
Continued use of the Service after revised Terms take effect constitutes acceptance of the revised Terms to the extent permitted by law.
You consent to receive agreements, notices, disclosures, billing communications, security notices, and other Service-related communications electronically.
Electronic communications may be delivered by email, through the Service, or through another electronic method associated with your account.
You are responsible for maintaining a current email address.
Legal notices to UTMFOX may be sent to:
UTM Fox LLC
Hickory Creek, Denton County, Texas
Email: legal@utmfox.com
UTMFOX may provide notices to Customer through the email address associated with the account, through the Service, or by another reasonable method.
UTMFOX may enter into separate Order Forms, enterprise agreements, statements of work, data-processing agreements, service-level agreements, or other written agreements with particular Customers.
If a signed agreement expressly conflicts with these Terms, the signed agreement controls with respect to the subject matter of that conflict.
Customer may not assign these Terms without UTMFOX's prior written consent, except as part of a merger, acquisition, corporate reorganization, or sale of substantially all of Customer's relevant assets, provided the successor assumes Customer's obligations.
UTMFOX may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of the Service or relevant business.
Neither party will be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labor disputes, Internet failures, utility failures, widespread cloud-service failures, cyberattacks, or third-party infrastructure failures.
This section does not excuse Customer's obligation to pay amounts already due.
If any provision of these Terms is found unenforceable, the provision will be modified to the minimum extent necessary to make it enforceable where permitted, and the remaining provisions will remain in effect.
A party's failure to enforce a provision of these Terms does not waive its right to enforce that provision later.
These Terms, together with the Privacy Policy, applicable Order Forms, and any other agreements expressly incorporated by reference, constitute the entire agreement between Customer and UTMFOX concerning the Service unless the parties enter into a separate signed agreement providing otherwise.
Except where expressly stated otherwise, these Terms do not create rights in any third party.
Section headings are provided for convenience and do not affect interpretation of these Terms.
Questions concerning these Terms may be submitted to:
legal@utmfox.com
UTM Fox LLC
Hickory Creek, Denton County, Texas