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