Terms and Conditions
Last Updated: 31st August 2025
Introduction
Welcome to Automaticall ( "we," "us," or "our"). These Terms and Conditions ( "Terms") govern your access to and use of our software application and services ( "Services") that enable outbound phone calls with AI agents to automate selling, user retention, and payment notifications. Please read these Terms carefully before using our Services.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the Terms, please do not access or use our Services.
Cancellation
You can cancel your subscription at any time in your account settings; cancellation takes effect at the end of your current billing period.
Eligibility
By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Description of Services
Automaticall provides a platform that allows users to schedule and automate outbound and inbound phone calls using AI agents for various purposes, including sales, user retention, and payment notifications.
User Obligations
Compliance with Laws
You agree to use our Services in compliance with all applicable laws and regulations, including but not limited to privacy laws, telemarketing regulations, and communication statutes.
Consent Requirement in the United States
If you are scheduling calls to recipients in the United States, you must obtain prior express consent from the recipients before initiating any calls. This compliance is required under the Telephone Consumer Protection Act (TCPA) and other applicable laws. You are solely responsible for ensuring that you have the necessary consent from each call recipient.
Prohibited Activities
You agree not to:
- Use the Services for any unlawful or fraudulent purposes.
- Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
- Interfere with or disrupt the integrity or performance of the Services.
Account Registration
To access certain features of our Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain the security of your password and accept all risks of unauthorized access to your account.
- Notify us immediately if you suspect any unauthorized use of your account.
Payment and Subscription
Fees
Access to certain features of our Services may require payment of fees. You agree to pay all applicable fees as described when you register for the Services.
Billing
We use third-party payment processors to bill you through a payment account linked to your account. The processing of payments is subject to the terms and policies of the payment processors.
Refunds
Except where these Terms expressly provide otherwise or where required by law, fees are non-refundable.
Intellectual Property Rights
All content, features, and functionality available through the Services, including but not limited to software, text, graphics, logos, and trademarks, are the property of Automaticall or its licensors and are protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.
Confidentiality
You agree to keep confidential any non-public information or materials provided by us in connection with the Services.
Disclaimers
No Warranty
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
AI Limitations
While we strive to provide accurate and effective AI agent interactions, we do not guarantee any specific results from the use of our Services.
Limitation of Liability
To the fullest extent permitted by law, in no event shall Automaticall, its affiliates, or their licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.
Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount paid by you to us during the twelve (12) months preceding the event giving rise to the liability.
Indemnification
You agree to indemnify, defend, and hold harmless Automaticall and its affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of the Services or violation of these Terms.
Termination
You may terminate your subscription at any time via your account settings; termination takes effect at the end of your current billing period unless otherwise specified.
We may suspend or terminate your access only: (a) for a material breach that is not cured within 7 days after notice; (b) for non-payment of undisputed fees after 7 days' notice; (c) to comply with law or a governmental order; or (d) to address a security, fraud, or safety risk. We will provide reasonable advance notice where practicable and limit any suspension in scope and duration to what is necessary.
Upon termination, your right to access the Services will end. We will retain your account content for 30 days to allow export on request (unless we are legally required to delete it sooner). Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution will survive termination.
Modifications to Terms
We may update these Terms from time to time. We will post the updated Terms and, if changes are material, notify you by email or in-product notice at least 14 days before they take effect. Changes made for new features, security, or legal reasons may take effect immediately.
If you do not agree to the updated Terms, you should stop using the Services before the effective date. For paid subscriptions, material adverse changes will apply starting on your next renewal, unless required by law to take effect sooner.
Governing Law
These Terms are governed by the laws of Delaware, without regard to its conflict-of-law principles. If you are a consumer, mandatory consumer protection laws in your country of residence may also apply.
Dispute Resolution
Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with applicable rules, if and to the extent permitted by law. If you are a consumer, you may have the right to bring disputes before the courts of your country of residence.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and Automaticall regarding the use of the Services and supersede any prior agreements.
Contact Us
If you have any questions about these Terms, please contact us at:
Automaticall
Email: business@automaticall.io