Terms of Services
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY.
These Terms of Service (“Terms”) govern your access to and use of the Automatingly platform, website, software, and services (collectively, the “Platform”).
By accessing or using the Platform, creating an account, or purchasing a subscription, you agree to be bound by these Terms.
If you do not agree to these Terms, do not use the Platform.
These Terms form a legally binding agreement between you (“User,” “you,” or “your”) and Automatingly, Inc. (“Automatingly,” “we,” “us,” or “our”).
These Terms are incorporated with our Privacy Policy, Data Processing Agreement (where applicable), and Acceptable Use Policy.
1. Eligibility
You must be at least 18 years old to use the Platform.
By using the Platform you represent that you are legally able to enter into a binding contract, the information you provide is accurate, and you are authorized to bind any organization you represent.
2. Platform Access and Accounts
To use certain features of the Platform you must create an account.
You agree to provide accurate registration information, maintain the security of your login credentials, and notify us immediately of unauthorized access.
You are responsible for all activity under your account.
3. Permitted Use of the Platform
You may use the Platform only for lawful purposes and in accordance with these Terms.
You agree not to:
- violate applicable laws or regulations
- send spam or fraudulent communications
- reverse engineer the Platform
- attempt unauthorized system access
- distribute malware
- interfere with the Platform
Automatingly may suspend or terminate accounts violating these rules.
4. User Content
You retain ownership of the content you upload to the Platform.
You grant Automatingly a limited license to process and display your content solely to operate the Platform.
You are responsible for ensuring your content complies with applicable laws and does not infringe third party rights.
5. Communications Compliance
If you send communications through the Platform, you must comply with all applicable laws including TCPA, CAN-SPAM, CCPA, CPRA, and other privacy regulations.
Automatingly provides the technology but does not control or initiate your communications.
6. Third Party Services
The Platform may integrate with third party services such as payment processors or email providers.
Your use of these services is governed by their own terms. Automatingly is not responsible for their operation.
7. Fees and Billing
Certain Platform features require payment of subscription fees.
Subscriptions automatically renew unless cancelled. Fees are generally non refundable unless required by law.
Automatingly may modify pricing with reasonable notice.
8. Taxes
You are responsible for any taxes associated with your use of the Platform.
9. Intellectual Property
All software, content, trademarks, and technology within the Platform are owned by Automatingly or its licensors.
You may not copy, modify, distribute, or reproduce any part of the Platform without written permission.
10. Feedback
If you provide feedback regarding the Platform, you grant Automatingly a perpetual license to use it without restriction.
11. Privacy
Your use of the Platform is subject to our Privacy Policy.
12. Disclaimers
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”
Automatingly disclaims all warranties including merchantability, fitness for a particular purpose, and non infringement.
13. Limitation of Liability
Automatingly shall not be liable for indirect, incidental, or consequential damages including loss of profits or data.
Total liability shall not exceed the amount paid for the Platform during the three months preceding the claim.
14. Indemnification
You agree to indemnify and hold Automatingly harmless from claims arising from your use of the Platform or violation of these Terms.
15. Termination
Automatingly may suspend or terminate your account if you violate these Terms or fail to pay required fees.
Upon termination your access to the Platform will end.
16. California Consumer Rights Notice
California residents may have rights under the CCPA and CPRA. See our Privacy Policy for details.
17. Arbitration and Dispute Resolution
Disputes will be resolved through binding arbitration administered by the American Arbitration Association.
Disputes must be resolved individually and not through class actions.
18. Governing Law
These Terms are governed by the laws of the State of California.
19. Changes to Terms
Automatingly may update these Terms periodically. Continued use of the Platform constitutes acceptance of changes.
20. Contact Information
Automatingly, Inc.
https://www.automatingly.com
legal@automatingly.com