Terms of Service

automationly.ai provides AI-powered voice receptionist and phone automation services, including but not limited to: automated call answering, call routing, AI-generated voice interactions, voicemail handling, appointment intake, lead qualification, and related business communication tools (collectively, the "Services").

The Services are provided on a subscription basis and are intended for lawful business use only. We reserve the right to modify, suspend, or discontinue any feature of the Services at any time with reasonable notice.

You must be at least 18 years of age and have the legal authority to enter into binding contracts on behalf of yourself or your business. By registering, you represent and warrant that all information you provide is accurate and that you will keep it current.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at legal@automationly.ai if you suspect unauthorized access.

Subscription Plans

Access to the Services requires a paid subscription. Plans, pricing, and included usage are described on our pricing page and may be updated from time to time. Continued use after a price change constitutes acceptance of the new pricing.

Billing & Auto-Renewal

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Billing automatically renews at the end of each billing cycle unless you cancel before the renewal date. We charge the payment method on file. You authorize us to charge all amounts owed under these Terms.

All fees are stated in United States Dollars (USD) and are exclusive of applicable taxes. You are responsible for all taxes, duties, or levies imposed by any governmental authority.

Price Changes

We will provide at least thirty (30) days' advance written notice of any price increases before they take effect on your account.

Late Payments

If a payment is not received when due, we will attempt to charge the payment method on file. If payment remains unsuccessful, we reserve the right to suspend your access to the Services without further notice until the outstanding balance is paid in full. No late fees or interest will be charged on overdue amounts. Service access is restored promptly upon receipt of full payment.

Refund Policy

All fees are non-refundable except as required by applicable law or as expressly stated in a written agreement with us. We do not issue credits or refunds for partial billing periods, unused features, or service interruptions caused by third-party infrastructure providers (see Section 7).

Cancellation

You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of your current billing period; you retain access to the Services through that date. Cancellation does not entitle you to a refund of any pre-paid fees.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

• Use the Services to make calls or send messages that violate any applicable law or regulation;
• Engage in telemarketing, robocalling, or mass outbound dialing without proper consent and legal authorization under applicable telecommunications laws;
• Transmit any content that is unlawful, harassing, defamatory, obscene, threatening, abusive, or that infringes the intellectual property rights of any third party;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of any component of our Services;
• Deploy automated scripts, bots, crawlers, or other tools to access, scrape, or stress-test our platform without our written consent;
• Circumvent, disable, or interfere with any security or access-control features of the Services;
• Introduce viruses, malware, ransomware, or any other malicious code into the Services or our infrastructure;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Resell, sublicense, or commercially exploit the Services without our express written authorization;
• Use the Services in any manner that could damage, disable, overburden, or impair our systems.

Violation of this policy may result in immediate suspension or termination of your account without notice or refund.

You are solely responsible for ensuring your use of the Services complies with all applicable laws and regulations, including without limitation:

• Telephone Consumer Protection Act (TCPA) — including obtaining required prior express written consent before using automated calling or messaging features;
• CAN-SPAM Act and applicable anti-spam laws governing electronic communications;
• Do-Not-Call (DNC) regulations — including maintaining and honoring applicable federal and state do-not-call lists;
• Call recording consent laws — including obtaining legally required consent from all parties before recording calls. Requirements vary by state and country; you are responsible for knowing and complying with the laws in every jurisdiction where your callers are located;
• State and local consumer protection laws applicable to your industry and geographic location.

We provide tools; we do not provide legal advice. We strongly recommend consulting qualified legal counsel regarding your compliance obligations before deploying AI-powered call automation.

Our Services use artificial intelligence to handle phone interactions. You acknowledge and agree that:

• AI-generated responses may contain errors, omissions, or inaccuracies. We make no warranty that AI interactions will be error-free or that speech recognition will be 100% accurate;
• You are responsible for configuring your AI receptionist's scripts, responses, and call flows. We are not responsible for outcomes resulting from misconfiguration or inaccurate information you provide to train or configure the AI;
• Callers interacting with your AI receptionist should be made aware they may be speaking with an automated system, where required by law;
• We do not guarantee that any particular call outcome, lead capture, appointment booking, or customer interaction will meet your business expectations.

Our Services rely on third-party infrastructure and service providers, including but not limited to: telephony and voice-over-IP (VoIP) carriers, cloud computing and hosting providers, AI language model providers, voice synthesis providers, and payment processors (collectively, "Third-Party Providers").

We are not responsible for any service outages, degradation, latency, errors, data loss, or unavailability caused by the failure or maintenance of any Third-Party Provider, regardless of duration or impact on your business.

This includes, without limitation:

• Outages or downtime affecting our telephony carrier or VoIP provider;
• Degraded service from our voice synthesis or AI voice generation provider;
• Interruptions to our AI language model or natural language processing provider;
• Downtime affecting our cloud hosting or data center infrastructure;
• Failures of our payment processing provider;
• Internet connectivity issues beyond our network boundary.

We will make commercially reasonable efforts to restore service as quickly as practicable during such events and will communicate status updates through our platform or status page. However, such events do not constitute a breach of these Terms and do not entitle you to a refund or credit.

We target a service availability of 99.5% measured monthly, excluding scheduled maintenance and Third-Party Provider outages. This target is not a guarantee and does not create any contractual obligation or service-level agreement unless separately agreed to in writing.

Your Data

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Call Recordings & Transcripts

Depending on your plan and configuration, our Services may record and transcribe calls handled by your AI receptionist. You are solely responsible for: (a) notifying callers of any recording, as required by applicable law; (b) obtaining any legally required consent before a call is recorded; and (c) ensuring recordings are used only in compliance with applicable law.

Data Ownership

You retain ownership of your business data, including call recordings, transcripts, and caller information. You grant us a limited, non-exclusive license to process and store this data solely for the purpose of delivering the Services to you.

Data Retention & Deletion

We retain your data for the duration of your subscription and for a reasonable period thereafter as required by law or legitimate business purposes. Upon written request following account termination, we will delete or anonymize your data within thirty (30) days, subject to any legal retention obligations.

HIPAA Notice

Our Services are not HIPAA-compliant by default. If your use involves protected health information (PHI), you must contact us prior to use to discuss whether a Business Associate Agreement (BAA) is available for your plan. Using our standard Services to handle PHI without a signed BAA is a violation of these Terms.

All rights, title, and interest in and to the Services — including all software, algorithms, models, interfaces, trademarks, and content created by us — remain our exclusive property. These Terms do not grant you any ownership rights in the Services.

You may not copy, reproduce, distribute, or create derivative works from any part of our platform without our prior written consent.

Each party agrees to keep confidential any non-public, proprietary, or trade-secret information received from the other party and to use such information only for the purposes of this agreement. This obligation does not apply to information that: (a) is or becomes publicly known through no breach of this agreement; (b) was already known to the recipient prior to disclosure; (c) is independently developed without use of confidential information; or (d) is required to be disclosed by law or court order, provided the disclosing party gives the other reasonable advance notice.

The services are provided "as is" and "as available," without warranty of any kind. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that: (a) the Services will be uninterrupted, timely, or error-free; (b) any defects will be corrected; (c) the Services or the servers that make them available are free of viruses or other harmful components; or (d) results obtained from use of the Services will be accurate or reliable.

To the fullest extent permitted by applicable law, in no event shall Automationly AI, LLC, its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for all claims arising out of or relating to these Terms or the Services, regardless of the form of action, will not exceed the greater of: (a) the total fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100).

This limitation applies to claims based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal or equitable theory. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless Automationly AI, LLC and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, judgments, fines, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services;
• Your violation of these Terms;
• Your failure to obtain required consents, including call recording consents or TCPA-required consents;
• Your violation of any applicable law or regulation;
• Your infringement of any third-party intellectual property rights;
• Any content or data you submit to, transmit through, or configure within the Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

By You: You may cancel your subscription and terminate your account at any time via your account dashboard. Termination takes effect at the end of the current billing cycle.

By Us: We may suspend or terminate your account immediately and without liability if: (a) you materially breach these Terms and fail to cure such breach within five (5) business days of notice; (b) you engage in conduct that poses a legal, security, or reputational risk to us or other customers; (c) required by law; or (d) your account is inactive for an extended period. We also reserve the right to terminate the Services entirely upon reasonable notice.

Upon termination, your right to access the Services ceases immediately. Sections 8 (Data Privacy), 10 (Confidentiality), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 15 (Dispute Resolution), and 16 (Governing Law) survive termination.

Informal Resolution

Before initiating any formal legal proceeding, you agree to contact us at legal@automationly.ai and provide a written description of your dispute. We will make good-faith efforts to resolve the dispute informally within thirty (30) days.

Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Florida, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

You waive any right to bring or participate in any class action, collective action, or representative proceeding. All disputes must be resolved on an individual basis only.

Jury Trial Waiver

To the extent any dispute proceeds in court (including claims not subject to arbitration), you and we each waive the right to a jury trial.

Statute of Limitations

Any claim arising out of or relating to these Terms must be filed within one (1) year after the cause of action accrues, or it is permanently barred.

Exceptions

Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. For any matters not subject to arbitration, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Florida.

By creating an account, you consent to receive electronic communications from us, including service notifications, billing alerts, and platform updates, delivered via email to the address on file.

SMS/Text Messages: If you opt in to receive SMS communications from us, you consent to receive text messages related to your account, service alerts, and updates at the mobile number you provide. Message and data rates may apply. Message frequency varies. You may opt out at any time by replying STOP to any message or by updating your notification preferences in your account dashboard. For help, reply HELP or contact us at legal@automationly.ai.

Your electronic agreement to these Terms — whether by clicking "I Agree," completing registration, or using the Services — constitutes a legally binding acceptance with the same force and effect as a handwritten signature.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website with a revised effective date and, where practicable, by sending an email to your account address. Your continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms.

If you do not agree to the updated Terms, your sole remedy is to stop using the Services and cancel your subscription before the revised Terms take effect.

Entire Agreement. These Terms, together with our Privacy Policy and any written order forms or addenda, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements or understandings.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor in connection with a merger, acquisition, or sale of assets.

Force Majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, government action, labor disputes, internet outages, or third-party service failures.

No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

If you have questions about these Terms, please contact us at: