Terms of Service
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM. THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN.
BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH AutomateX, (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT.
CERTAIN PORTIONS OF THE PLATFORM MAY BE SUBJECT TO “OPEN SOURCE” OR “FREE SOFTWARE LICENSES”. SUCH COMPONENTS WILL BE GOVERNED BY THE TERMS OF THEIR RESPECTIVE TERMS OF USE AND NOT BY THESE TERMS.
Binding Agreement
ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (WHEREVER APPLICABLE) (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND AutomateX INC. AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “AUTOMATEX,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH AutomateX RELATED TO THE PLATFORM.
Acceptance of Terms
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THEM AND/OR CREATE A PLATFORM ACCOUNT, AND/OR USE OR ACCESS THE PLATFORM. YOU SHALL BE DEEMED TO HAVE ACCEPTED AND CONSENTED TO THESE TERMS IF YOU DO ANY ONE OR MORE OF THE FOREGOING ACTS. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.
Changes to Terms
AutomateX reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.
AutomateX is only providing the Platform for your business use without any promise of exclusivity.
Platform Disclaimer
AutomateX’s customers, users, entrepreneurs, affiliate marketers, experts, and partners are not AutomateX’s employees, contractors, or representatives. AutomateX is not responsible for any interactions between you and your customers, other than providing access to the Platform.
AutomateX is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide.
You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.
Legal Advice
You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.
1. Use of the Platform
Restrictions
You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old.
You may not use the Platform or the Services if you are an employee, partner, or director of a direct competitor of AutomateX or intend to gain access to the Platform in order to compete with the Platform.
Platform Account Ownership
Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use only.
If you accept these Terms on behalf of a business entity, that entity is the owner of the Platform Account.
In the event of an ownership dispute, AutomateX reserves the right to determine the rightful owner in its sole discretion and may suspend or terminate access until resolved.
AutomateX is not obligated to adjudicate disputes and bears no liability for such determinations.
You agree to indemnify and hold AutomateX harmless from all claims arising from account ownership disputes.
Intended Use
You and your customers may use the Platform only for lawful purposes. AutomateX reserves the right to monitor usage and suspend or terminate access for violations, suspicious activity, or legal risk.
You represent and warrant that you:
- Maintain all required licenses and consents
- Are responsible for all users under your account
- Will not misrepresent AutomateX or its services
- Own or control all content uploaded
- Will not reverse engineer, modify, or remove proprietary notices
- Will not grant access to competitors
Compliance Responsibilities
You are solely responsible for compliance with all applicable laws, including but not limited to:
- Data privacy laws (GDPR, CCPA, CPRA, etc.)
- HIPAA (if applicable)
- PCI-DSS
- Telecommunications laws (TCPA, CAN-SPAM, CASL)
- Accessibility laws
- Tax laws and reporting obligations
AutomateX provides technology only and does not provide legal, tax, or compliance advice.
Privacy & Data Responsibilities
By using the Platform, you consent to AutomateX’s collection and use of information in accordance with its Privacy Policy.
You are responsible for:
- Your own privacy policy
- Obtaining customer consent
- Managing data subject requests
- Data retention and deletion
- Breach notifications required by law
AutomateX is not responsible for your regulatory compliance failures.
Login Credentials & Security
You are responsible for safeguarding login credentials and implementing recommended security measures, including two-factor authentication.
AutomateX is not liable for losses caused by unauthorized access resulting from your failure to secure your account.
Communication Services
The platform may include SMS, email, voice, or messaging tools. Communication fees may apply.
You are the sender of record for all communications and are solely responsible for consent, content, compliance, and recordkeeping.
Third-Party Services
AutomateX integrates with third-party providers. AutomateX does not control and is not responsible for third-party services, outages, data loss, or compliance.
Use of third-party services is at your own risk and governed by their terms.
Payments, Fees & No Refund Policy
- Fees are billed in advance
- Subscriptions auto-renew
- All fees are non-refundable, including unused subscriptions, usage fees, add-ons, or prepaid services
- Wallet balances expire if not requested within stated timeframes
AutomateX may suspend or terminate accounts for non-payment.
Intellectual Property
All Platform software, infrastructure, trademarks, and content are owned by AutomateX or its licensors.
You receive a limited, revocable license to use the Platform while subscribed.
Disclaimers
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” AutomateX MAKES NO WARRANTIES REGARDING:
- BUSINESS RESULTS
- UPTIME
- ACCURACY
- FITNESS FOR PURPOSE
Use is at your own risk.
Limitation of Liability
AutomateX’s total liability shall not exceed fees paid in the three (3) months preceding the claim.
AutomateX is not liable for indirect, consequential, or punitive damages.
Indemnification
You agree to indemnify and hold AutomateX harmless from all claims arising from:
- Your use of the Platform
- Customer disputes
- Legal or regulatory violations
- Communications and data handling
Termination
AutomateX may suspend or terminate accounts at its discretion. Upon termination:
- Access ends immediately
- Data may be deleted after a retention window
- AutomateX bears no liability for data loss
Arbitration & Governing Law
All disputes shall be resolved by binding individual arbitration in Texas, USA, governed by the Federal Arbitration Act.
Class actions are waived.
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