Terms of Service

1. Overview of the Service

1.1 Service Description.

The Service is a cloud-based SaaS platform providing no-code AI agents for workflow automation, task handling, scheduling, data integration, analytics, and related digital tools. The Service includes web dashboards, APIs, and applications delivered digitally through our platform. All features are fulfilled automatically via user access to the dashboard and do not involve manual services or external fulfillment.

1.2 Changes to the Service.

We may modify, update, suspend, or discontinue features at any time without liability. We will provide reasonable notice of material changes via email or in-app notifications. Continued use after changes constitutes acceptance.

2. Eligibility, Accounts, and Access

2.1 Eligibility.

You represent and warrant that: (a) you are at least 18 years old (or the age of majority in your jurisdiction); (b) you have the legal capacity to enter into these Terms; (c) your use of the Service complies with all applicable laws; and (d) you are not located in a country subject to U.S. or EU trade sanctions.

2.2 Account Creation.

Certain features require an account. You must provide accurate, current information and keep your credentials secure. You are responsible for all activities under your account, including any unauthorized access. Notify us immediately of any breach.

2.3 Account Suspension or Termination.

We may suspend or terminate your account at any time for violations of these Terms, nonpayment, fraud, abuse, or legal requirements, without liability. Upon termination, your access ends, and we may delete your data after 30 days.

3. Payments, Billing, and Refunds

3.1 Paid Plans.

Access to premium features requires payment of subscription or usage-based fees. By subscribing, you authorize us (or our third-party processors) to charge your provided payment method.

3.2 Payment Processor / Merchant of Record.

Payments are processed by trusted third-party providers (e.g., Lemon Squeezy, Paddle, or similar), who may act as the Merchant of Record. You agree to their terms, privacy policies, and any applicable fees. We do not store full payment details. For Lemon Squeezy, refer to their Terms at https://lemonsqueezy.com/terms and Acceptable Use Policy at https://lemonsqueezy.com/legal/aup.

3.3 Billing Cycle and Renewals.

Subscriptions auto-renew at the end of each period unless canceled via your account settings. You remain responsible for fees through the end of the current period.

3.4 Taxes and Fees.

You are responsible for all applicable taxes, duties, or charges (e.g., sales tax, VAT), except those based on our net income. Prices exclude taxes unless stated.

3.5 Refunds.

Fees are non-refundable except as required by law or stated in our plans. We offer a 14-day refund window from the initial subscription date for verified technical issues or non-delivery, subject to our discretion and review (e.g., no excessive usage or abuse). If processed by a Merchant of Record (e.g., Lemon Squeezy), refunds follow their policy. Contact support for requests.

3.6 Failure to Pay.

If payment fails, we may suspend access until resolved. Overdue accounts may incur late fees.

4. Trial, Pilot Offers, and Promotions

4.1 Promotions.

We may offer free trials, pilots, or credits with specific terms (e.g., limited units, expiration). These are for evaluation only and may be revoked for abuse.

4.2 Pilot Credits and Usage.

Pilot resources are non-transferable and expire if unused. We monitor for compliance.

5. User Content and Licenses

5.1 User Content.

“User Content” means any data, scripts, configurations, or content you upload or generate using the Service. You retain ownership and are responsible for its legality and accuracy.

5.2 License to Us.

You grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and transmit User Content as necessary to provide, maintain, and improve the Service (e.g., for AI training on anonymized data).

5.3 Anonymized Data.

We may anonymize and aggregate User Content for analytics, product enhancement, or benchmarking, provided it does not identify you or your users.

5.4 Recordings and Consent.

The Service may generate summaries or logs of automated sessions. You must obtain all required consents (e.g., for data processing, AI interactions) from end users before using features. You are solely responsible for compliance with privacy, anti-spam, and data protection laws (e.g., GDPR, CCPA, TCPA). We disclaim liability for your failure to obtain consents.

6. Acceptable Use and Prohibited Activities

6.1 Compliance.

You must use the Service only for lawful, legitimate purposes in compliance with all applicable laws, regulations, and these Terms.

6.2 Prohibited Uses.

You may not:

• Use the Service for illegal activities, fraud, scams, harassment, or spam.
• Transmit unlawful, obscene, hateful, infringing, or harmful content.
• Engage in regulated services prohibited by our payment partners (e.g., telemarketing, cellular/communication, gambling, MLMs).
• Reverse engineer, hack, or circumvent security measures.
• Overload or disrupt the Service (e.g., DDoS, excessive API calls).
• Misuse AI for deceptive or harmful purposes.

We may monitor usage and terminate access for violations without notice. You agree to indemnify us for claims arising from your misuse.

7. Intellectual Property

7.1 Our IP.

We own all rights in the Platform, software, trademarks, and content (excluding User Content). You receive a limited, revocable license to use the Service for its intended purpose.

7.2 Your IP.

We claim no ownership over User Content, but you grant the licenses in Section 5.

8. Warranties, Disclaimers, and Risks

8.1 No Warranty.

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied (e.g., merchantability, fitness for purpose, non-infringement).

8.2 AI Limitations.

AI outputs may be inaccurate, incomplete, or biased. You must verify before reliance. We disclaim liability for AI-generated content.

8.3 Service Risks.

We do not guarantee uninterrupted access, error-free operation, or specific results. Network or third-party issues may affect performance.

9. Limitation of Liability

9.1 Exclusion of Damages.

To the maximum extent permitted by law, we shall not be liable for indirect, incidental, consequential, special, or punitive damages (e.g., lost profits, data loss).

9.2 Liability Cap.

Our aggregate liability will not exceed the fees you paid us in the 3 months preceding the claim, or $100 if no fees paid.

10. Indemnification

You agree to indemnify, defend, and hold us harmless from claims, damages, fines, costs (including attorneys' fees) arising from your breach of these Terms, User Content, or violations of law (e.g., privacy/telecom regs).

11. Termination and Survival

11.1 Termination.

Either party may terminate for convenience or cause. Upon termination, access ends, and unpaid fees remain due.

11.2 Survival.

Sections on payments, IP, indemnity, limitations, governing law, and others that should survive will remain in effect.

12. Governing Law and Dispute Resolution

12.1 Governing Law.

These Terms are governed by the laws of the State of Delaware, USA, without conflict principles.

12.2 Dispute Resolution.

Disputes will be resolved by binding arbitration under AAA rules (or similar), in Delaware, on an individual basis (no class actions). Small claims courts are permitted.

13. Data Protection and Privacy

13.1 Privacy.

Our Privacy Policy (linked) governs data handling. By using the Service, you consent to it.

13.2 Cross-Border Transfers.

Data may be transferred globally; we ensure appropriate safeguards.

14. Miscellaneous

14.1 Force Majeure.

We are not liable for delays from events beyond control (e.g., natural disasters).

14.2 Assignment.

You may not assign without consent; we may assign freely.

14.3 Severability and Entire Agreement.

Invalid provisions are severed; these Terms are the full agreement.

15. Contact

Questions? Email support@autocallflow.com or visit www.autocallflow.com.