CX Now Logo

Terms of Service

Rivas & Bejarano Consulting ("Company," "we," "us," or "our"), doing business as CX Now

Last Updated: November 2025

Rivas & Bejarano Consulting, San José, Costa Rica

1. Agreement and Acceptance

These Terms of Service ("Terms" or "Agreement") constitute a legal agreement between you and Rivas & Bejarano Consulting regarding your access to and use of our product CX Now, an AI-powered survey and form platform, including all related websites, applications, software, tools, and services (collectively, the "Services"). By clicking to accept these Terms, registering for an account, or using the Services, you agree to be bound by these Terms. If you do not agree to any provision of these Terms, you must discontinue all use of the Services immediately.

These Terms apply to all users of CX Now, including but not limited to creators who build surveys and forms (Creators) and respondents who complete surveys and forms (Respondents).

2. Services Overview

CX Now is an artificial intelligence-enhanced survey and form creation platform that allows you to design, distribute, and analyze surveys and forms with AI-powered capabilities. The Services are available for both business and personal use.

Nature of Services: The Services are provided exclusively as a fully automated Software-as-a-Service (SaaS) platform. We do not provide human-driven consulting, manual customization, professional services, or managed services as part of the subscription. All features, including AI analysis, are generated automatically by our software systems.

3. Account Registration and Eligibility

3.1 Eligibility

You may only use the Services if:

  • You are at least 16 years of age (or older if required by your jurisdiction) and have the legal capacity to enter into a binding contract;
  • You are not prohibited by applicable law from using the Services;
  • You are not located in or ordinarily resident in any country subject to international trade embargoes or sanctions;
  • You do not appear on any list of prohibited or restricted parties under applicable international sanctions.

3.2 Account Creation

When you register for a CX Now account, you agree to:

  • Provide accurate, complete, and current information;
  • Keep your password and login credentials confidential;
  • Notify us immediately of any unauthorized access to your account;
  • Be responsible for all activities that occur under your account, whether authorized by you or not;
  • Keep your email address and contact information current and accurate.

Each account is intended for one individual user only and may not be shared or transferred without our written consent.

4. Fees, Billing, and Subscription Terms

4.1 Pricing and Payment

You agree to pay CX Now all fees for Services you purchase or use, in accordance with the pricing and payment terms presented at the time of purchase. All prices are exclusive of applicable taxes. You are responsible for paying any sales, use, VAT, GST, or other taxes required by law.

4.2 Billing and Auto-Renewal

Paid Services are billed on a subscription basis, either monthly or annually, as you select at purchase. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your account management page. You will be billed in advance on a recurring basis according to the billing cycle you selected.

4.3 Changes to Fees

CX Now may change pricing for our Services at any time. For existing Subscriptions, fee changes will become effective only at the end of your current billing cycle. We will provide you advance notice of any fee changes via email. If you do not agree to the new fees, you may cancel your Subscription before the increase takes effect.

4.4 Overage Fees and Response Limits

Each Subscription plan includes a specified limit on the number of responses you can collect. If you exceed this limit during a billing cycle, additional charges per response (Overage Fees) will apply. Overage Fees will be billed in arrears and charged to your payment method on file at the start of your next billing cycle. Unused responses do not roll over to subsequent billing cycles.

4.5 Non-Refundable Fees

Except as explicitly provided in these Terms or as required by law, all fees paid by you are non-refundable. Payment obligations are non-cancellable.

5. Cancellation and Account Termination

5.1 Cancellation by You

You may cancel your Subscription at any time through your account management page. When you cancel:

  • Your Subscription will terminate at the end of the current billing cycle;
  • You will retain access to the Services until the end of that billing cycle;
  • Your account will revert to the CX Now Free plan (if available) or be closed entirely;
  • Your Content will be deleted in accordance with our Data Retention Policy and these Terms.

You may request a copy of your Content before cancellation, subject to applicable law.

5.2 Refunds Upon Cancellation

If you cancel your Subscription in the middle of a billing cycle, you will not receive a refund unless:

  • CX Now has materially breached these Terms and failed to cure the breach within 30 days after written notice from you;
  • A refund is required by applicable law; or
  • CX Now, at its sole discretion, determines a refund is appropriate.

For clarity, we will not issue refunds if you have used our Services, collected responses, or downloaded your response data unless termination results from our material, uncured breach or is required by law.

5.3 Termination by CX Now

CX Now may cancel your Subscription and terminate your account with 30 days' prior written notice without refund for any prior period, or with 90 days' written notice and a pro rata refund for unused time in the current billing cycle.

CX Now may immediately limit, suspend, disable, or terminate your access and account for cause, including:

  • You have materially breached these Terms and failed to cure the breach within 30 days after written notice;
  • You have ceased business operations or become subject to insolvency proceedings not dismissed within 90 days;
  • You have failed to pay fees more than 30 days past due;
  • Your use of the Services creates legal liability for us or disrupts others' use;
  • We are investigating suspected misconduct or illegal activity by you;
  • Legal or regulatory requirements necessitate termination.

When we suspend or terminate your account, we will endeavor to provide advance notice and an opportunity to retrieve your Content, but may take immediate action without notice in time-sensitive situations.

5.4 Account Inactivity

CX Now may close your account and delete Content if there is no account activity (such as login or payment) for more than 12 months. We will attempt to warn you via email before closing your account due to inactivity.

6. User Content and Intellectual Property

6.1 Your Content

In these Terms, "Your Content" includes all surveys, forms, questions, responses, designs, text, images, data, and any other materials you create or submit through the Services, as well as any responses or data collected from others through your use of the Services.

6.2 Ownership

You retain all ownership rights in and to Your Content. CX Now does not claim ownership of Your Content, except as limited by the license you grant below.

6.3 License Grant

You grant CX Now a worldwide, royalty-free, non-exclusive license to:

  • Use, copy, reproduce, distribute, modify, adapt, and create derivative works from Your Content;
  • Make Your Content publicly available;
  • Otherwise exploit Your Content;

solely for the limited purposes of:

  • Providing and improving the Services;
  • Developing new features and AI capabilities;
  • Creating aggregate and de-identified analytics and insights;
  • Operating and maintaining the Services.

This license survives termination of these Terms with respect to aggregate and de-identified data derived from Your Content and residual backup copies made in the ordinary course of business.

6.4 Representations and Warranties

You represent and warrant that:

  • You own or control all necessary rights in and to Your Content;
  • Your Content does not infringe any third-party intellectual property rights;
  • Your Content complies with all applicable laws and these Terms;
  • You will not submit any Content that is illegal, harmful, abusive, defamatory, or otherwise violates these Terms or CX Now's Acceptable Use Policy.

6.5 CX Now's Content

All content provided by CX Now, including the platform, software, tools, interfaces, designs, and all intellectual property therein, remains the exclusive property of CX Now. Except as explicitly permitted in these Terms, you may not use, copy, modify, or distribute this content without CX Now's prior written consent.

6.6 Intellectual Property Infringement Claims

CX Now respects intellectual property rights and responds to notices of alleged copyright infringement in accordance with applicable international laws and Costa Rican intellectual property legislation (Ley de Derechos de Autor y Derechos Conexos, Ley N° 6683). If you believe that Your Content has been infringed, or if someone reports that you are infringing their rights, contact us at cxnow@lambdahq.com.

6.7 Feedback

Any feedback, suggestions, or ideas you submit to us regarding the Services may be used and shared by CX Now for any purpose without compensation or obligation to you.

7. Confidentiality and Data Treatment

7.1 Your Content Confidentiality

CX Now will treat Your Content as confidential and will only use and disclose it in accordance with these Terms and our Privacy Policy. However, Your Content is not considered confidential if it:

  • Is or becomes public (other than through breach by CX Now);
  • Was known to CX Now before receipt from you;
  • Is received from a third party without knowledge of any breach of obligation owed to you;
  • Is independently developed by CX Now without reference to Your Content.

7.2 Legal Disclosure

CX Now may disclose Your Content when required by law, legal process, or government request, but will, where permitted by law, use commercially reasonable efforts to notify you and give you the opportunity to challenge the requirement.

7.3 Security and Data Protection

CX Now will store and process Your Content in a manner consistent with industry-standard security practices. We have implemented appropriate technical, organizational, and administrative systems to protect data. However, no system is completely secure, and we cannot guarantee absolute security.

7.4 Data Retention

Upon termination of your account, CX Now will delete Your Content in accordance with our Data Retention Policy and applicable law, unless you request that we retain it for archival purposes. Backup copies may be retained for limited periods as part of our ordinary business practices.

8. Third-Party Services and Integrations

8.1 Third-Party Services

CX Now may provide access to or enable third-party services, applications, and integrations ("Third-Party Services") for use in connection with the Services. Your use of any Third-Party Services is subject to that provider's terms and conditions.

8.2 No Responsibility for Third Parties

CX Now is not responsible for:

  • The availability, accuracy, or functionality of Third-Party Services;
  • Any transactions you conduct with Third-Party Providers;
  • Data security or privacy practices of Third-Party Providers;
  • Any loss or damage resulting from Third-Party Services.

You acknowledge that CX Now has no control over Third-Party Services and may disable access to them at any time without notice.

8.3 Data Sharing with Third Parties

By enabling any Third-Party Service integration, you grant permission for the applicable Third-Party Provider to access and process Your Content as necessary. You are responsible for understanding and complying with the terms and privacy policies of Third-Party Services before enabling integration.

9. Prohibited Uses and Acceptable Use Policy

9.1 Prohibited Activities

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party right;
  • Create or submit content that is illegal, defamatory, abusive, hateful, or harassing;
  • Collect personal information without proper consent or in violation of privacy laws;
  • Send spam, phishing emails, or other unsolicited communications;
  • Conduct fraud, scams, or deceptive practices;
  • Infringe intellectual property rights or violate trade secret laws;
  • Conduct malware or security attacks on CX Now or other users;
  • Reverse-engineer, decompile, or attempt to derive the source code of the Services;
  • Interfere with or disrupt the functioning of the Services or other users' access;
  • Use automated tools or bots to scrape data or overload the platform;
  • Use the Services in any manner that causes legal liability to CX Now or harms CX Now's reputation;
  • Use the Services in violation of applicable export restrictions or international sanctions laws;
  • Collect sensitive payment card information in violation of PCI compliance standards.

9.2 Compliance with Laws

You warrant that you will comply with all applicable laws and regulations in your use of the Services. CX Now is not responsible for your compliance with local, state, or national laws regarding data collection, privacy, surveys, or marketing.

9.3 Review and Enforcement

CX Now may, at its sole discretion and without obligation, review Your Content to determine whether it violates these Terms. We may modify, remove, delete, or refuse to display Content that violates these Terms or applicable law. We are under no obligation to monitor Your Content but reserve the right to do so.

10. Service Modifications and Availability

10.1 Service Changes

CX Now continuously updates and improves the Services. We may add, alter, or remove functionality at any time without prior notice, except as required by applicable law. Such changes may affect compatibility with third-party integrations or existing workflows.

10.2 Service Discontinuation

CX Now may limit, suspend, or discontinue any Service or feature at our discretion. If we discontinue a Service, we will provide reasonable advance notice to allow you to obtain a copy of Your Content.

10.3 Availability

While we strive to maintain service availability, the Services are provided on an "as-is" basis without guarantee of continuous operation. CX Now is not liable for service downtime, interruptions, or unavailability.

11. Warranties Disclaimer

11.1 AS-IS Provision

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ANY GUIDANCE, AND RECOMMENDATIONS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

11.2 Disclaimer of Warranties

CX NOW EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING:

  • MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • NON-INFRINGEMENT;
  • ACCURACY, RELIABILITY, OR AVAILABILITY OF SERVICES;
  • UNINTERRUPTED OR ERROR-FREE OPERATION;
  • FREEDOM FROM VIRUSES OR HARMFUL CODE.

CX Now makes no warranty that:

  • The Services will meet your requirements;
  • The Services will be compatible with any specific software or system;
  • Any errors or defects will be corrected;
  • The Services will be available at any particular time or location.

12. Limitation of Liability

12.1 No Indirect Damages

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CX NOW (INCLUDING ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES;
  • LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS;
  • LOST BUSINESS OPPORTUNITY OR COST OF COVER;

WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CX NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Aggregate Liability Cap

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CX NOW'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES SHALL NOT EXCEED THE LESSER OF:

  • The total fees you paid to CX Now for the Services during the 12 months preceding the event giving rise to liability; or
  • USD $200.00.

12.3 Consumer Rights

Nothing in these Terms limits any consumer rights you may have in your jurisdiction that cannot be waived by contract. If you are a consumer in the European Union or other jurisdictions with strong consumer protections, certain provisions of this Section may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless CX Now (including its affiliates, officers, employees, and agents) from all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services;
  • Your breach of these Terms;
  • Your violation of any applicable law or regulation;
  • Your infringement of any third-party intellectual property right;
  • Your Content or any data you submit through the Services;
  • Any harm caused to third parties through your use of the Services.

14. Privacy and Data Protection

Your use of CX Now is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.

If CX Now becomes aware of any unauthorized access to or security breach affecting personal data related to your account, we will notify you without undue delay. Such notification shall not be construed as an admission of fault or liability.

15. Modifications to Terms

15.1 Right to Modify

CX Now may modify these Terms at any time for various reasons, including changes in law, platform updates, security improvements, or to prevent abuse. The most current version will be posted on our website.

15.2 Material Changes

If we make material changes to these Terms, we will notify you via email at least 30 days in advance to allow you to review the changes. Material changes will become effective only after the notice period.

15.3 Acceptance of Modified Terms

Your continued use of the Services after modifications become effective constitutes your acceptance of the modified Terms. If you do not agree to any changes, you must discontinue use of the Services and cancel your account.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, including but not limited to the Consumer Protection Law (Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor, Ley N° 7472) and the Civil Code of Costa Rica, without regard to conflicts of law principles. If you are located in a specific jurisdiction, local consumer protection laws may also apply to you.

16.2 Dispute Resolution

Any disputes arising from these Terms or your use of the Services shall first be attempted to be resolved through good faith negotiation between the parties. If a resolution cannot be reached within 30 days, the dispute may be submitted to the appropriate consumer protection authorities in Costa Rica or resolved through the judicial system.

16.3 Jurisdiction

You agree to submit to the jurisdiction of the courts located in San José, Costa Rica, subject to any mandatory local jurisdiction requirements in your country of residence. For consumers in the European Union, you may also have the right to bring proceedings in your country of residence.

17. General Provisions

17.1 Entire Agreement

These Terms (together with any Additional Terms and the Privacy Policy) constitute the entire agreement between you and CX Now concerning the Services and supersede any prior or contemporaneous agreements, whether written or oral.

17.2 Severability

If any provision of these Terms is determined to be unenforceable or invalid, that provision will be severed, and the remaining provisions will continue in full force and effect to the maximum extent permitted by law.

17.3 Waiver

The failure of CX Now to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

17.4 No Third-Party Beneficiaries

These Terms are intended solely for the benefit of you and CX Now, and no third party has any rights under these Terms.

17.5 Assignment

You may not assign these Terms or any rights or obligations under them without CX Now's prior written consent. CX Now may assign these Terms at any time without notice.

17.6 Independent Contractors

The relationship between you and CX Now is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

17.7 Contact Information

For questions about these Terms, please contact us at:

Email: cxnow@lambdahq.com

Address: CX Now, San José, Costa Rica

Last Updated: November 2025