Terms of Service

SECTION 01Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and Automate Hub LLC, a Florida limited liability company ("Automate Hub," "we," "us," or "our"). They govern your access to and use of the Automate Hub platform, websites, mobile applications, and related services (together, the "Service").

By creating an account, starting a free trial, or using the Service, you agree to these Terms. If you're agreeing on behalf of a company or other organization, you represent that you have authority to bind it, and "you" refers to that organization.

If you do not agree to these Terms, do not use the Service.

Our Privacy Policy explains how we handle personal information and is incorporated into these Terms by reference.

SECTION 02Who may use Automate Hub

You may use the Service only if you are at least 18 years old and legally capable of entering into a binding contract. The Service is built for business use; it is not intended for personal or household purposes.

You may not use the Service if you are barred from doing so under applicable law, including US export control or sanctions rules, or if we have previously terminated your account.

SECTION 03Your account

You need an account to use the Service. When you register, you agree to provide accurate and complete information and to keep it current.

Keeping your account secure

You are responsible for safeguarding your login credentials and for all activity that happens under your account, including activity by team members, contractors, or anyone else you give access to. Tell us promptly at [email protected] if you suspect unauthorized access.

Sub-accounts and team members

If your plan allows you to create sub-accounts or invite users, you remain responsible for their compliance with these Terms and for anything they do through your account.

SECTION 04Free trial

New customers may be offered a 14-day free trial of the Service. The trial begins when your account is created and runs for fourteen consecutive days.

A valid payment method is required to start the trial. We may place a temporary authorization on your card to verify it; this is not a charge.

Your subscription begins automatically at the end of the trial unless you cancel before it ends. See Section 5 for pricing and Section 6 for how to cancel.

Free trials are limited to one per customer. We may withdraw or modify a trial offer, or decline to provide one, at our discretion. Certain features may be limited or unavailable during the trial period.

SECTION 05Plans, billing, and renewal

Subscription fees

Our Starter plan is $47 per month. Other plans, if offered, are priced as shown at the point of purchase. Fees are stated in US dollars and are exclusive of taxes.

Automatic renewal

Subscriptions renew automatically at the end of each billing period, and we charge the payment method on file, until you cancel. By subscribing, you authorize these recurring charges.

Payment method

You must keep a valid payment method on file. Payments are processed by our third-party payment processor; we do not store full card numbers. If a charge fails, we may retry it, and we may suspend or terminate your account for non-payment.

Taxes

You are responsible for any sales, use, VAT, GST, or similar taxes associated with your subscription, other than taxes on our income.

Price changes

We may change our prices. We will give you at least 30 days' notice before a price change affects your subscription, and the new price applies at your next renewal. If you don't agree to the new price, you may cancel before it takes effect.

SECTION 06Cancellation and refunds

How to cancel

You may cancel at any time from your account settings, or by emailing [email protected]. Cancelling during your free trial, before the trial ends, means you will not be charged.

What happens when you cancel

Cancellation stops future charges. Your access continues through the end of the billing period you have already paid for, after which your account moves to a cancelled state.

Refunds

Subscription fees are billed in advance and are generally non-refundable, including for partial billing periods and for periods in which you did not use the Service. Our Refund Policy sets out the circumstances in which we make exceptions, and it applies in addition to this section.

Usage-based charges for messaging already sent are not refundable.

Your data after cancellation

We may delete your account data after a reasonable period following cancellation. Export anything you want to keep before you cancel. Contact [email protected] if you need help retrieving data.

SECTION 07Usage-based charges

Some parts of the Service — including SMS and email sending, phone numbers, and voice minutes — are billed based on usage, separately from and in addition to your subscription fee. Current rates are shown in your account.

These charges may be drawn from a prepaid balance or billed in arrears, depending on how your account is configured. You are responsible for all usage charges incurred under your account, including usage by your team members and by automations you have set up.

Your plan may also include limits on things like users, contacts, sub-accounts, or sending volume. We will tell you when a limit applies to your account.

We may suspend sending if your balance is exhausted or a payment fails.

SECTION 08Messaging and communications compliance

When you send SMS, MMS, email, or voice communications through the Service, you are the sender. You are solely responsible for complying with all applicable laws and carrier requirements, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing and consent laws, Do Not Call requirements, and applicable data protection law.

Consent

You represent and warrant that you have obtained and maintain records of all legally required consent from every recipient before sending them messages through the Service, and that your contact lists were lawfully collected. You may not send to purchased, rented, scraped, or otherwise third-party-sourced lists.

Opt-outs

You must honor opt-out requests promptly. Do not remove, disable, or circumvent opt-out handling, unsubscribe links, or required sender identification.

Carrier registration

SMS sending in the United States requires brand and campaign registration (A2P 10DLC) and carrier approval. You are responsible for providing accurate registration information. Carriers may reject, filter, delay, or block messages at their discretion, and may impose their own fees and throughput limits. We do not control and cannot guarantee message delivery.

Prohibited message content

You may not use the Service to send messages relating to categories that carriers prohibit, which commonly include high-risk financial offers, debt collection and forgiveness, illegal substances, gambling, adult content, and other restricted categories. Carrier rules change; you are responsible for staying current with them.

SECTION 09Acceptable use

You agree not to, and not to permit anyone else to:

• Use the Service for anything unlawful, fraudulent, deceptive, or harmful.
• Send spam, phishing, malware, or unsolicited commercial messages.
• Infringe anyone's intellectual property, privacy, or publicity rights.
• Upload or transmit viruses, worms, or other malicious code.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems.
• Probe, scan, or test the vulnerability of the Service, or breach its security or authentication measures, without our written permission.
• Interfere with or disrupt the Service, including by placing unreasonable load on it.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except where that restriction is prohibited by law.
• Resell, sublicense, or make the Service available to third parties except as expressly permitted by your plan.
• Use the Service to build or train a competing product, or to scrape or harvest data from it.
• Misrepresent your identity or affiliation, or impersonate any person or entity.

We may investigate suspected violations and take any action we consider appropriate, including removing content, suspending sending, or terminating accounts.

SECTION 10Your content and customer data

You own your data

You retain all rights to the content, contact records, messages, files, and other data you submit to or generate through the Service ("Your Data"). We do not claim ownership of it.

The permission you give us

You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, display, and process Your Data solely to provide, maintain, secure, and improve the Service, and as otherwise described in our Privacy Policy. This license ends when you delete the data or close your account, except for copies retained in routine backups for a limited period.

Your responsibilities

You represent that you have the rights and permissions necessary to submit Your Data to the Service and to have us process it as described here, and that doing so does not violate any law or third-party right.

Data about your customers

Where you use the Service to process personal information about your own customers, you are the controller of that information and we act as your processor. You are responsible for providing the notices and obtaining the consents that your customers are entitled to. If you handle regulated data — health information, financial account data, or similar — you are responsible for confirming that the Service is a suitable environment for it and for entering into any additional agreements the law requires.

Security

We use commercially reasonable technical and organizational measures to protect Your Data. No system is perfectly secure, and we cannot guarantee that unauthorized access will never occur.

Aggregated data

We may generate and use aggregated, de-identified data derived from use of the Service — data that does not identify you or any individual — for analytics, benchmarking, and improving the Service.

SECTION 11AI features

The Service includes features that use artificial intelligence to draft, suggest, summarize, or automate communications and other content ("AI Features"). Some AI Features are powered by third-party AI providers, and content you submit to them is transmitted to and processed by those providers.

AI output can be inaccurate, incomplete, or inappropriate. You are responsible for reviewing AI-generated content before it is sent to your customers or relied upon, and for the consequences of anything sent from your account. Do not use AI Features to generate content that would violate Section 9, and do not rely on them for legal, medical, financial, or other professional advice.

Where the Service sends automated replies to your customers on your behalf, those messages are your messages and Section 8 applies to them in full.

SECTION 12Third-party services

The Service integrates with third-party products — payment processors, telecom carriers, email infrastructure, calendars, advertising platforms, AI providers, and others. Your use of those products is governed by their own terms and privacy policies, not by these Terms.

We are not responsible for third-party products, their availability, or their handling of your data. A third party changing or discontinuing its product may affect features of the Service, and we may modify or remove an integration as a result.

SECTION 13Our intellectual property

The Service, including its software, design, templates, documentation, and the Automate Hub name, logo, and mascot, is owned by Automate Hub LLC or its licensors and is protected by intellectual property law.

Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription. All rights not expressly granted are reserved.

You may not use our trademarks without our prior written permission.

Feedback

If you send us suggestions or feedback about the Service, we may use them without restriction or obligation to you.

SECTION 14Suspension and termination

By you

You may stop using the Service and cancel your subscription at any time as described in Section 6.

By us

We may suspend or terminate your access, in whole or in part, if you breach these Terms, fail to pay, create risk or legal exposure for us or other users, or if we are required to do so by law or by a carrier or provider we depend on. Where practical and lawful, we will give you notice and an opportunity to fix the problem first. For serious violations — including fraud, illegal activity, or messaging abuse — we may suspend immediately and without notice.

We may also discontinue the Service, or any part of it, on reasonable notice.

Effect of termination

On termination, your right to use the Service ends immediately. Sections that by their nature should survive — including Sections 10, 13, 15, 16, 17, 19, and 20 — survive termination.

SECTION 15Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT MESSAGES WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR BUSINESS RESULT.

Nothing in the Service constitutes legal, tax, or professional advice. You are responsible for your own business decisions and for the results your business achieves.

SECTION 16Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AUTOMATE HUB LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you. In that case, our liability is limited to the greatest extent permitted by law.

SECTION 17Indemnification

You agree to defend, indemnify, and hold harmless Automate Hub LLC and its officers, members, and employees from any claims, damages, liabilities, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service; Your Data; the messages you send through the Service; your violation of these Terms or applicable law, including consent and telemarketing law; or your violation of any third-party right.

We will notify you of any such claim and may participate in its defense with counsel of our choosing. You may not settle a claim in a way that imposes an obligation on us without our written consent.

SECTION 18Changes to the service and these terms

We improve the Service continuously, which means features may be added, changed, or removed over time.

We may also update these Terms. If we make a material change, we will provide notice — by email, in-app notice, or by posting the updated Terms with a new "Last updated" date — before the change takes effect. Your continued use of the Service after the effective date means you accept the updated Terms. If you don't accept them, cancel your subscription before they take effect.

SECTION 19Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules.

Let's talk first

If a dispute arises, contact us at [email protected] first. Most issues can be resolved quickly and informally. We ask that you give us 30 days to work it out before starting formal proceedings.

Venue

Any dispute that isn't resolved informally will be brought exclusively in the state or federal courts located in Broward County, Florida, and you and we each consent to the personal jurisdiction of those courts.

Class action waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE THAT ANY PROCEEDING WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Nothing here prevents either of us from seeking injunctive relief in court to protect intellectual property or confidential information.

SECTION 20General terms

Entire agreement

These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us about the Service, and replace any prior agreements on the subject.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Severability and waiver

If any provision is found unenforceable, the rest stays in effect and the unenforceable provision is modified to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it.

Force majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including carrier or provider outages, natural disasters, or government action.

No third-party beneficiaries

These Terms do not create rights for anyone other than you and us.

Notices

We may send notices to the email address on your account. You may send notices to us at the address in Section 21.

Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between us.