Legal & Compliance Center

1. Scope of Agreement

These Terms apply to the AutomateWithUs offering as a whole. Specific services, plans, fees, usage limits, channels, and features will be defined in one or more Order Forms that you must acknowledge and accept before access is granted. Each Order Form is incorporated into and forms part of these Terms.

2. Order Form & Access

Access to the Service is contingent upon your acceptance of the applicable Order Form. The Order Form will specify the particular services, channel(s), fees, usage-based charges, earnings (if any), and any special terms. You acknowledge that you have reviewed and agree to the Order Form before access is provided.

3. License & Restrictions

Subject to these Terms and the Order Form, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes. You shall not:

• Copy, modify, reverse engineer, decompile, disassemble, or create derivative works of the Service or any part thereof.
• Use the Service to develop competing products or services.
• Remove or alter any proprietary notices.
• Attempt to gain unauthorized access to the Service or related systems.
• Use the Service in violation of any applicable law.

4. Intellectual Property

All intellectual property rights in the Service, including software, content, trademarks, and any improvements, belong exclusively to the Company or its licensors. You receive no ownership rights. You agree not to infringe, challenge, or assist others in challenging our intellectual property rights. You shall not reverse engineer or attempt to reverse engineer the Service in any way.

5. Data & Privacy

Your use of the Service is subject to our Privacy Policy and Data Processing Addendum (where applicable). You retain ownership of your data. We process data only as necessary to provide the Service and as described in our Privacy Policy. You are responsible for ensuring you have the necessary rights and consents to provide data to us. We implement reasonable security measures but do not guarantee absolute security.

6. Service Level Agreement (SLA)

We target 99.5% monthly uptime for core Platform services (excluding scheduled maintenance, force majeure, third-party issues, and user-caused problems). Support is AI-first with escalation to human support within 24 hours for priority issues. Sole and Exclusive Remedy: Service credits capped at the fees paid for the affected period. Credits are applied to future invoices and have no cash value. No other remedies are available for SLA failures. Review our full SLA Addendum for complete details.

7. Fees & Payment

Fees are set forth in the Order Form. You authorize us (or our billing provider) to charge the payment method on file. Fees are non-refundable except as expressly provided. Late payments may incur interest at the maximum rate permitted by law. We may suspend access for non-payment.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, OR OTHERWISE.

10. Exclusion of Damages

Where permitted by law, all damages other than direct damages are excluded. The limitations and exclusions in these Terms allocate the risks between the parties and form an essential basis of the bargain.

11. Indemnification / Hold Harmless

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms or the Order Form; (c) your data or content; or (d) your violation of any law or third-party rights.

12. Binding Arbitration & Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Sioux Falls, South Dakota (or remotely if agreed). The arbitrator’s decision is final and binding. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION OR CLASS-WIDE PROCEEDING. This arbitration clause is the exclusive remedy for disputes, except for claims seeking injunctive relief to protect intellectual property or confidential information.

13. Exclusive Remedy

The remedies set forth in these Terms (including service credits under the SLA and the limitation of liability) are your sole and exclusive remedies for any claim related to the Service.

14. Term & Termination

These Terms continue until terminated. We may suspend or terminate access at any time for any reason, including breach of these Terms or the Order Form. You may terminate by discontinuing use and closing your account. Certain provisions (IP, liability, indemnity, arbitration, confidentiality) survive termination for five (5) years.

15. General Provisions

• Governing Law: South Dakota law (without regard to conflict of laws principles).
• Entire Agreement: These Terms, the Order Form(s), Privacy Policy, SLA, and Data Processing Addendum constitute the entire agreement.
• Amendments: We may update these Terms with notice. Continued use constitutes acceptance.
• Severability: If any provision is unenforceable, the remainder remains in effect.
• Independent Contractors: The parties are independent contractors. Nothing creates a partnership, joint venture, or employment relationship.
• Contact: legal@automatewith.us

1. Introduction

AutomateWithUs, Inc. d/b/a AutomateWith.Us (“Company,” “we,” “us,” or “AWU”) respects your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard personal information when you use our Platform and related services (the “Service”). This Policy is incorporated into the Master Terms of Service.

2. Information We Collect

• Account and contact information
• Payment and billing information
• Usage and technical data (including IP address, device data, AI inputs/outputs)
• Data from third-party integrations
• Communications data

3. How We Use Your Information

We use information to provide and improve the Service, process payments, enable partner earnings, deliver support, analyze usage, train AI models (using aggregated/de-identified data with opt-out available), send notices, prevent fraud, and comply with law.

4. How We Share Your Information

We share information with service providers, integrated third-party tools, legal authorities when required, and in connection with business transfers. We do not sell personal information.

5. Data Retention

We retain information only as long as necessary to provide the Service, comply with legal obligations, resolve disputes, and enforce agreements. Active accounts are retained for the subscription period plus a reasonable grace period. Deleted accounts are typically deleted or anonymized within 30–90 days (longer for legal/billing needs).

6. Your Rights and Choices

Depending on your location, you may have rights to access, correct, delete, or port your data, and to opt out of AI model training or marketing. Contact legal@automatewith.us to exercise these rights.

7. Cookies and Tracking Technologies

We use cookies and similar technologies for essential functions, analytics, and personalization. You may manage preferences through your browser settings.

8. Data Security

We implement reasonable technical and organizational safeguards. No system is completely secure.

9. International Data Transfers

Your information may be transferred to and processed in countries outside your residence. We use appropriate safeguards where required.

10. Children’s Privacy

The Service is not directed to children under 13 (or the applicable age of digital consent).

11. Changes to This Policy

We may update this Policy periodically. Material changes will be posted with an updated “Last Updated” date. Continued use constitutes acceptance.

12. Contact Us

legal@automatewith.us

1. Uptime Commitment

We target 99.5% monthly uptime for core Platform services, calculated as:

Exclusions from Downtime:

• Scheduled maintenance (with reasonable advance notice)
• Force majeure events
• Issues caused by your equipment, software, network, or actions
• Third-party tools, providers, or integrations
• Denial-of-service attacks or other malicious activity beyond our reasonable control

2. Support Response Times

• AI-Assisted Support: Available 24/7 for initial triage.
• Human Escalation: Within 24 hours for escalated issues (urgent issues prioritized).

3. Service Credits – Sole and Exclusive Remedy

If we fail to meet the uptime or support commitments, you may request service credits. Credits are calculated as a percentage of the fees paid for the affected services during the impacted period and are capped at the fees paid for the affected period. Credits are applied to future invoices and have no cash value. To claim credits, submit a written request within 30 days after the end of the affected month. Service credits are your sole and exclusive remedy for any failure to meet the service levels described in this SLA.

4. Exclusions

This SLA does not apply to beta, preview, free-tier, or non-production features, custom development, or issues caused by third-party providers.

5. Modifications

We may update this SLA with reasonable notice. Continued use constitutes acceptance.

1. Roles

The Controller determines the purposes and means of processing. The Company acts as Processor (or Service Provider under CCPA) with respect to Personal Data processed on behalf of the Controller.

2. Details of Processing

Processing is performed to provide the Service, including account management, feature delivery, support, analytics, billing, partner earnings calculations, AI model improvement (with opt-out), and security. Categories of Data Subjects and Personal Data are as described in the Privacy Policy and Order Form.

3. Processor Obligations

The Company shall:

• Process Personal Data only on documented instructions from the Controller.
• Ensure personnel are subject to confidentiality obligations.
• Implement appropriate technical and organizational security measures.
• Assist the Controller with data subject requests, DPIAs, and breach notifications (without undue delay and within 72 hours where required by GDPR).
• Upon termination, delete or return Personal Data as instructed (unless retention is required by law).

4. Sub-processors

The Company may engage Sub-processors under written agreements with equivalent protections. A current list is available upon request. The Company remains liable for Sub-processors. The Controller may object to new Sub-processors on reasonable data-protection grounds.

5. International Transfers

Appropriate safeguards (including Standard Contractual Clauses where required) will be used for transfers outside the EEA/UK.

6. Audit Rights

Upon reasonable written notice (at least 30 days), the Controller may audit the Company’s compliance no more than once per calendar year (unless required by a supervisory authority or in response to a breach).

7. Liability

Liability under this DPA is subject to the limitations and exclusions in the Master Terms of Service (including the hard 12-month fees cap and exclusion of consequential damages).

8. Term

This DPA remains in effect for the duration of the Master Terms of Service. Deletion/return and confidentiality obligations survive.

Contact: legal@automatewith.us

Business Partner Channel

• Base: $199/month (or annual prepayment = 2 months free)
• Usage: AI, SMS, email, paid ads (current rate card applies)
• No direct earnings on own usage; may convert to Affiliate (usage fees only)

Affiliate Partner Channel

• Base (if accessing tools): $49/month or usage-only if converting from Business Partner
• Platform Earnings: 40% direct of Net Revenue + 10% override to upline (total 50% payout)
• Payment Earnings: Subject to 70% first-receipt layer on residual, then 50/40/10 split of that amount
• 30-day clawback applies

Payments Partner Channel

• No base subscription for core residual activity
• Earnings: Residuals on processing fees (70% first-receipt layer, then 50/40/10 split)
• 30-day clawback applies

General Terms

• All fees and earnings subject to change with reasonable notice (vendor-driven increases generally 30 days).
• Earnings paid on collected Net Revenue only.
• Annual prepayment incentives available as disclosed at signup.
• Consent records (IP, date, time, version) retained for audit.