Terms of Service

Effective Date: February 01, 2026

1. Introduction

Welcome to Automize CRM (the “Platform”), provided by Automize LLC (“Automize,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of our software platform, services, mobile applications, and website located at www.automizecrm.com (collectively, the “Services”).

By accessing or using Automize CRM, you (“User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Services.

THESE TERMS INCLUDE A JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND ARBITRATION PROVISION THAT LIMITS YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS CAREFULLY.

2. About Automize CRM

Automize LLC provides an AI-powered customer relationship management (CRM) platform specifically designed for real estate investors, including wholesalers, fix-and-flip investors, and rental property investors. Our Services include but are not limited to:

• Lead management and tracking
• AI-powered call answering and conversation agents
• Automated text message and email campaigns
• Direct mail services
• Skip tracing and property data
• Deal analysis tools
• Workflow automations and triggers
• Task management and calendar integration
• Integration with third-party services and APIs
• AI-driven lead qualification and scoring
• Automated follow-up sequences
• Voice AI for inbound and outbound calling

3. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our Services. By using Automize CRM, you represent and warrant that:

• You meet the age and legal capacity requirements
• You have the authority to bind any business entity on whose behalf you are acting
• All information you provide is accurate, current, and complete
• You will comply with all applicable federal, state, and local laws and regulations

3.1 Parental Notice and COPPA Compliance

The Services are not intended for, and should not be used by, anyone under the age of 18. We do not knowingly collect personal information from children under 13 years of age in compliance with the Children’s Online Privacy Protection Act (COPPA). If we become aware that we have inadvertently received personal information from a user under the age of 13, we will delete such information from our records immediately.

Parents and guardians should supervise their children’s online activities. We encourage the use of parental control protections (such as computer hardware, software, or filtering services) which may assist in providing a safe online environment for children.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Services, you must create an account by providing accurate and complete information, including your name, email address, phone number, business information, and payment details.

4.2 Account Responsibilities

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring your account information remains current and accurate
• All communications, actions, and activities initiated through your account, whether by you or any authorized user

4.3 Account Suspension vs. Termination

Suspension: We may temporarily suspend your account access for:

• Late or failed payments (until payment is resolved)
• Investigation of suspected Terms violations
• Compliance issues requiring immediate attention
• Excessive spam complaints or carrier violations
• Security concerns or suspicious activity

During suspension, you will not have access to the Services but your account data will be preserved. Suspended accounts may be reactivated upon resolution of the underlying issue, at our sole discretion.

Termination: We reserve the right to permanently terminate your account at our sole discretion if:

• You violate these Terms or any applicable laws
• You engage in fraudulent, abusive, or illegal activity
• You fail to pay fees when due after suspension
• We determine that your continued use poses a security risk
• You accumulate repeated violations or suspensions
• You engage in activities that harm our business reputation or other users

Upon termination, your access to the Services will end immediately, and we may delete your account data after a reasonable grace period (typically 30 days) unless otherwise required by law.

4.4 Account Ownership Disputes

4.4.1 Purpose and Scope

This policy establishes procedures for handling disputes over account ownership or access to Automize accounts. It applies to all accounts, including individual and business accounts, and any situation involving conflicting claims to administrative control, billing rights, or access.

4.4.2 Definitions

• Primary Account Holder: The person or entity listed as the contracting party in Automize’s billing and registration records
• Authorized User: A person granted access or management permissions by the Primary Account Holder
• Ownership Dispute: Any disagreement over who controls or may access an Automize account or its data
• Neutral Hold: A temporary restriction on access or account changes during a verified dispute

4.4.3 Neutral Hold Procedure

When Automize receives notice of a potential account ownership dispute, we may immediately place the account under a Neutral Hold, which includes:

• Temporary suspension of login access to all users
• Freezing administrative privileges, billing updates, or API integrations
• Preservation of all account data pending resolution
• Written notification to the last verified Primary Account Holder and any claimants

The hold remains until ownership is verified or a lawful resolution is received.

4.4.4 Verification of Ownership

To determine administrative control, Automize will rely on verifiable evidence, including:

• Billing and Payment Records: The individual or entity responsible for payment is presumed the Primary Account Holder
• Registration Information: Email address, company domain, or other identifiers used to create the account
• Corporate Documentation: For business accounts, articles of organization, operating agreements, or written corporate authorizations
• Official Identification: Government-issued ID (for individuals) or business license (for entities) matching Automize’s records
• Written Consent or Legal Order: Mutually signed written agreement or valid court order

4.4.5 Resolution Standards

Automize will restore or assign account control only when ownership is verified through:

• Documented verification with sufficient evidence
• Mutual agreement signed by all disputing parties
• Valid court order, arbitration award, or other binding legal directive

Absent verification, Automize will continue the Neutral Hold and recommend the parties resolve the dispute independently. Automize is not a mediator or arbiter and will not make legal ownership determinations.

4.4.6 Data Retention

Automize will preserve all relevant correspondence, logs, and verification documents for a minimum of three (3) years after final resolution, unless a longer retention period is required by law.

5. Intellectual Property Rights and Restrictions

5.1 Proprietary Rights

All intellectual property in the Services, including but not limited to software, code, algorithms, AI agent prompts, workflow automations, templates, designs, graphics, logos, trademarks, documentation, and training materials (collectively, “Automize IP”), are the exclusive property of Automize LLC and its licensors.

5.2 AI Agent Prompts and Automations

IMPORTANT: The AI agent prompts, conversation flows, automation sequences, workflow templates, and pre-built campaigns provided through Automize CRM are proprietary intellectual property owned by Automize LLC.

You expressly agree that you will NOT:

• Copy, duplicate, or reproduce any AI agent prompts, scripts, or conversation flows
• Extract, reverse-engineer, or replicate any workflow automations or sequences
• Share, distribute, sell, or license any Automize automations, templates, or AI configurations to third parties
• Use Automize IP to create competing products or services
• Export or transfer any proprietary automations outside the Automize platform without written permission
• Screenshot, record, or otherwise capture AI agent prompts for use outside the platform
• Modify or create derivative works of our AI agent configurations
• Attempt to recreate our AI logic or decision trees in other systems

Violation of these restrictions may result in immediate account termination, legal action, and monetary damages.

5.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes. This license does not include any right to:

• Modify, create derivative works, or reverse-engineer the Services
• Remove or obscure any proprietary notices
• Use the Services to develop competing products
• Sublicense, rent, lease, or transfer your access rights
• Access the Services for benchmarking or competitive analysis

5.4 User Content

You retain ownership of any data, content, or materials you upload to the Platform (“User Content”). By submitting User Content, you grant Automize a worldwide, royalty-free, non-exclusive license to use, store, process, and display such content solely to provide and improve the Services.

You represent and warrant that:

• You have all necessary rights to your User Content
• Your User Content does not infringe any third-party rights
• You have obtained all required consents and permissions for any personal data included in your User Content
• Your User Content complies with all applicable laws and regulations

5.5 Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas about the Services (“Feedback”), you grant Automize a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to you.

5.6 DMCA and Copyright Infringement Policy

Automize respects the intellectual property rights of others and expects users to do the same. In compliance with the Digital Millennium Copyright Act (DMCA), we will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable laws.

Copyright Infringement Notification: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please notify our copyright agent with the following information:

1. A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate the material
4. Your contact information, including address, telephone number, and email address
5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Send DMCA notices to: Email: support@automizecrm.com
Subject Line: “DMCA Takedown Request”

Counter-Notification: If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with the information required by the DMCA.

Repeat Infringers: Automize will terminate user accounts that are repeat infringers in appropriate circumstances.

6. Subscriptions, Billing, and Payment Terms

6.1 Subscription Plans

Automize offers monthly and annual subscription plans with various tiers and feature sets. Specific features, limitations, and pricing are described on our pricing page at www.automizecrm.com/pricing and may be updated from time to time with reasonable notice.

6.2 Payment Authorization

By providing payment information, you authorize Automize (or our third-party payment processor) to charge your selected payment method for:

• Subscription fees on a recurring basis
• Usage fees (as described in Section 6.6)
• Any applicable taxes
• Additional services or add-ons you purchase
• Any outstanding balances or fees

6.3 Auto-Renewal

Monthly Subscriptions: Your subscription will automatically renew on a month-to-month basis until canceled. You may cancel at any time through your account settings, and cancellation will take effect at the end of your current billing cycle. No pro-rated refunds will be issued for partial months.

Annual Subscriptions: Your subscription will automatically renew for additional one-year periods until canceled. You must provide cancellation notice at least 30 days before your annual renewal date. Annual subscriptions cannot be canceled mid-term and are non-refundable except as required by law.

By default, all accounts are set to auto-renew. It is your responsibility to cancel your subscription before the renewal date if you do not wish to continue.

6.4 No Free Trial – Refund Policy

AUTOMIZE DOES NOT OFFER A FREE TRIAL PERIOD. All subscriptions are billed immediately upon signup.

ALL SALES ARE FINAL:

• Monthly Subscriptions: Subscription fees are non-refundable. If you cancel your subscription, you will retain access to the Services until the end of your current billing cycle, but no refund will be issued for the remaining period or any unused portion of the month.

   

• Annual Subscriptions: Annual subscription fees are non-refundable under any circumstances. You cannot cancel your subscription until your annual term concludes, and you will not receive a pro-rated refund for unused time.

   

• Usage Fees: All usage-based fees (SMS, phone, email, data costs, A2P registration, AI voice minutes, etc.) are non-refundable under all circumstances.

   

• Add-Ons and Services: All purchases of additional features, credits, direct mail services, skip tracing, data, or any other services are non-refundable.

   

• Credits and Prepaid Balances: All prepaid credits, account balances, and pre-purchased services are non-refundable and non-transferable.

   

Limited Exception: Refunds may be issued only as required by applicable law or in cases of billing errors that are verified by Automize in our sole discretion.

We reserve the right to revoke refund privileges on an individual basis if we determine abuse of this policy has occurred.

6.5 Service Modifications and Feature Changes

WE RESERVE THE RIGHT TO:

• Add, modify, suspend, or discontinue any features or functionality of the Services at any time without prior notice
• Introduce new features at additional cost or as part of higher-tier subscription plans
• Remove or deprecate features from existing subscription plans
• Change the availability of features across different subscription tiers
• Modify the technical specifications or capabilities of the Services

Important Provisions:

• No Guarantee of Feature Continuity: Features available today may not be available tomorrow. We do not guarantee that any specific feature will remain available or unchanged.
• New Features May Require Upgrades: New features, enhancements, or expanded capabilities may be introduced as part of higher-tier plans or as paid add-ons, even for existing customers.
• No Compensation for Removed Features: If we discontinue a feature, you will not be entitled to a refund, credit, or compensation, even if that feature was a primary reason for your subscription.
• Reasonable Notice for Material Changes: For material changes that significantly impact core functionality, we will attempt to provide reasonable notice (typically 14-30 days), but we are not obligated to do so.

Beta Features: From time to time, we may make beta, pilot, or experimental features available to users. These features are provided “as is” without warranty, may contain bugs or errors, may not function as intended, and may be modified or discontinued at any time without notice. YOU USE BETA FEATURES AT YOUR OWN RISK.

6.6 Usage Fees and Third-Party Costs

YOU ACKNOWLEDGE AND AGREE that subscription fees cover access to the Automize platform only. The following usage-based costs are charged separately and are YOUR SOLE RESPONSIBILITY:

• Phone Numbers: Purchase fees ($1-$3 per number) and monthly maintenance fees ($1-$3 per month per number) for dedicated phone numbers
• SMS/MMS Messaging: Per-message costs for text messages ($0.008-$0.015 per message) and multimedia messages ($0.02-$0.05 per message)
• Voice/Dialer Costs: Per-minute charges for phone calls made through the platform ($0.01-$0.05 per minute)
• Email Sending: Costs for bulk email campaigns beyond included allowances ($0.10-$1.00 per 1,000 emails)
• A2P 10DLC Registration: Required one-time and monthly registration fees for SMS compliance ($4-$50 depending on carrier and business verification level)
• Data and Skip Tracing: Costs for property data, skip tracing services, and list enrichment ($0.05-$0.50 per record)
• AI Voice Minutes: Usage charges for AI-powered call handling, conversation agents, and voice AI features ($0.05-$0.20 per minute)
• Direct Mail Services: Printing, postage, and handling costs for postcards, letters, and other direct mail campaigns (variable pricing based on mail type and quantity)
• Third-Party Integrations: Fees charged by integrated services (Zapier, Google Workspace, etc.)
• API Usage: Costs for API calls, webhooks, or data transfers exceeding included limits
• Premium Data Sources: Costs for accessing premium property data, foreclosure lists, or other specialized data feeds
• Storage Overages: Fees for exceeding included storage limits for documents, recordings, or media files

These usage fees are billed in addition to your subscription and may vary based on actual consumption, market rates, and third-party pricing changes. You are responsible for monitoring your usage and managing associated costs. We will notify you of material pricing changes with at least 14 days’ notice, but third-party vendors may change their pricing at any time.

No Refunds for Usage Fees: All usage fees are final and non-refundable once services are rendered (messages sent, calls made, data pulled, mail printed, etc.).

6.7 Credits and Prepaid Balances

If Automize offers prepaid credits or account balances (for SMS, calling, data, etc.):

• Non-Refundable: All credits and prepaid balances are non-refundable under any circumstances
• Non-Transferable: Credits cannot be transferred to another account or user
• Expiration: Credits may expire after a specified period of inactivity (typically 12 months) or upon account cancellation
• No Cash Value: Credits have no cash value and cannot be redeemed for money
• Forfeiture Upon Termination: Upon account termination (by you or us), all unused credits are immediately forfeited without refund

6.8 Payment Failures and Delinquent Accounts

If any payment fails or is declined:

• We may immediately suspend access to your account until payment is resolved
• You remain responsible for all outstanding amounts plus any collection costs and reasonable attorney’s fees
• We may charge late fees of up to 1.5% per month (or the maximum permitted by law) on past-due balances
• We may report delinquent accounts to credit bureaus
• We may engage third-party collection agencies to recover unpaid amounts
• Continued access to the Services after payment failure constitutes your agreement to pay all outstanding amounts

Disputed Charges: If you dispute a charge with your credit card company or bank, we reserve the right to immediately suspend or terminate your account pending resolution of the dispute. If the dispute is resolved in our favor, you agree to pay the original charge plus any chargeback fees (typically $15-$25 per chargeback) and administrative costs.

6.9 Price Changes

We reserve the right to modify subscription pricing, usage fees, or any other charges with at least 30 days’ notice for existing customers. Price changes will take effect on your next renewal date.

Continued use of the Services after a price change constitutes acceptance of the new pricing. If you do not agree to the price increase, you must cancel your subscription before the new pricing takes effect.

For new customers or new purchases, pricing may change at any time without notice.

6.10 Taxes

You are responsible for all applicable federal, state, local, and international taxes associated with your use of the Services, excluding taxes on Automize’s net income. If we are required to collect or pay taxes on your behalf, such taxes will be charged to your payment method. You agree to provide any tax identification information we reasonably request.

6.11 Financial Responsibility for Regulatory Fines

CRITICAL: In the event of any fines, penalties, or regulatory enforcement actions incurred by Automize LLC arising from your misuse of the Services, violation of applicable laws, or non-compliant communications sent through the platform, such fines shall be deemed your sole responsibility.

You expressly agree that:

• Any financial penalties imposed on Automize due to your conduct will be passed through to you in full
• You will reimburse Automize within 15 days of receiving notice of such fines
• Failure to reimburse will result in the amount being charged to your payment method on file
• Automize may suspend or terminate your account until full reimbursement is received
• You will also be responsible for all legal fees, investigation costs, and administrative expenses incurred by Automize in responding to or defending against such actions

This provision is an integral part of these Terms, and acceptance of these Terms signifies your acknowledgment and acceptance of this financial responsibility.

7. AI-Powered Features and Automated Outreach

7.1 AI Agent Technology and Limitations

Automize utilizes artificial intelligence, machine learning, and natural language processing technologies to provide AI-powered features including but not limited to:

• AI voice agents for inbound and outbound calling
• Automated conversation handling and lead qualification
• AI-generated responses and messaging
• Predictive analytics and lead scoring
• Automated follow-up sequences
• Intelligent routing and workflow automation

YOU ACKNOWLEDGE AND AGREE THAT:

AI is Not Perfect: AI technology has inherent limitations and may:

• Make errors in understanding, interpretation, or response generation
• Produce unexpected, inappropriate, or incorrect outputs
• Fail to handle complex or nuanced situations appropriately
• Require ongoing training, monitoring, and adjustment
• Perform differently across various scenarios, accents, dialects, or communication styles
• Misinterpret user intent or provide irrelevant responses

No Guarantee of Accuracy: We do not guarantee that AI-generated content, responses, or decisions will be accurate, appropriate, complete, or compliant with your specific requirements or applicable laws.

No Substitute for Human Judgment: AI agents and automations are tools to assist you, not replace human oversight. You remain responsible for reviewing, monitoring, and approving all AI-generated communications and actions.

Evolving Technology: AI models, algorithms, and capabilities are continuously evolving. Performance may improve or change over time based on model updates, training data changes, or platform modifications.

7.2 Your Responsibilities for AI-Powered Outreach

YOU ARE SOLELY RESPONSIBLE FOR:

• Monitoring AI Interactions: Regularly reviewing AI-generated calls, messages, and communications for quality, accuracy, and compliance
• Training and Configuration: Properly configuring AI agents, providing appropriate training data, and setting suitable parameters
• Human Oversight: Maintaining adequate human supervision over AI-powered outreach and having procedures to intervene when necessary
• Content Review: Reviewing and approving AI-generated scripts, responses, and communication templates before deployment
• Compliance: Ensuring all AI-powered communications comply with TCPA, CAN-SPAM, state telemarketing laws, and other applicable regulations
• Consent Management: Verifying that AI-powered calls or messages are only sent to individuals who have provided proper consent
• Quality Control: Implementing quality control measures to identify and correct AI errors or inappropriate outputs
• Escalation Procedures: Establishing clear procedures for escalating conversations from AI to human representatives when appropriate

7.3 AI Agent Disclaimers and Limitations of Liability

AUTOMIZE IS NOT LIABLE FOR:

• Any errors, omissions, or inappropriate content generated by AI agents
• Communications sent by AI that violate laws or regulations (all compliance responsibility remains with you)
• Negative customer experiences, complaints, or reputational damage resulting from AI interactions
• Lost business opportunities or deals due to AI mishandling of conversations
• AI misinterpretation of user requests or provision of incorrect information
• Technical failures, glitches, or unexpected behavior of AI systems
• AI-generated content that infringes intellectual property rights or violates third-party terms
• Regulatory fines or penalties arising from AI-powered communications
• Any damages arising from your reliance on AI-generated outputs without appropriate human review

AI-SPECIFIC LIMITATION: Your use of AI-powered features is entirely at your own risk. You acknowledge that AI technology is experimental and evolving, and you assume all risks associated with AI-generated communications and actions.

7.4 Automated Outreach and Campaign Disclaimers

Automated Campaigns: When you create automated drip campaigns, follow-up sequences, or scheduled outreach:

• You Control All Parameters: You determine the content, timing, frequency, and recipients of all automated communications
• No Guarantee of Delivery: We do not guarantee that automated messages will be delivered, as deliverability depends on carrier policies, recipient settings, and compliance factors
• Opt-Out Processing: While we provide automated opt-out detection, you are responsible for ensuring opt-outs are properly honored and for maintaining suppression lists
• Timing Compliance: You must configure campaigns to respect quiet hours, time zones, and frequency limits required by law
• Content Responsibility: You are solely responsible for the content of all automated messages, including compliance with disclosure requirements and truthfulness standards

No Guarantee of Results: We do not guarantee that use of AI agents or automated outreach will result in:

• Increased lead generation or conversion rates
• Positive customer responses or engagement
• Revenue growth or business success
• Specific performance metrics or outcomes
• Time savings or operational efficiency gains

7.5 AI Training and Data Usage

YOU ACKNOWLEDGE AND CONSENT THAT:

• Automize may use aggregated, anonymized data from AI interactions to improve AI models, train algorithms, and enhance platform capabilities
• Your use of AI features may contribute to general platform improvements that benefit all users
• We will not use your personally identifiable information or specific customer conversations for AI training without anonymization
• We maintain security and privacy controls over training data consistent with our Privacy Policy

8. Compliance with Telecommunications Laws and Regulations

8.1 Your Compliance Obligations

YOU ARE SOLELY RESPONSIBLE for ensuring that all communications sent through the Automize platform comply with applicable laws, including but not limited to:

• Telephone Consumer Protection Act (TCPA) – including restrictions on autodialed calls, prerecorded messages, and text messages
• CAN-SPAM Act – governing commercial email messages
• Telemarketing Sales Rule (TSR) – FTC regulations on telemarketing
• Federal Do-Not-Call Regulations – 16 CFR Part 310
• State Telemarketing and Do-Not-Call Laws – including state-specific restrictions in all 50 states
• FCC Regulations – regarding robocalls, caller ID authentication (STIR/SHAKEN), and call blocking
• A2P 10DLC Messaging Requirements – carrier-mandated registration and compliance for business texting
• CTIA Messaging Principles and Best Practices – industry standards for commercial messaging
• State Privacy Laws – including CCPA, CPRA, and other state consumer privacy regulations
• International Regulations – if contacting individuals outside the United States

8.2 Consent Requirements

YOU MUST OBTAIN PROPER CONSENT before sending marketing communications:

For Text Messages (SMS/MMS):

• Prior Express Written Consent is required for marketing text messages under TCPA
• Consent must be obtained through a clear disclosure that includes:
  • Authorization to receive text messages
  • Disclosure that consent is not required as a condition of purchase (where applicable)
  • Statement that message and data rates may apply
  • Instructions for opting out (e.g., “Reply STOP to opt out”)
• Consent must be documented and retained for at least 4 years

For Phone Calls:

• Prior Express Written Consent is required for autodialed or prerecorded marketing calls to mobile phones
• Prior Express Consent (oral or written) may be sufficient for non-marketing calls or calls to landlines, depending on circumstances
• Consent must clearly authorize calls to the specific phone number provided

For Emails:

• Consent (opt-in) is required for commercial email messages
• All emails must include a clear and conspicuous unsubscribe mechanism
• Opt-outs must be honored within 10 business days

YOU ARE RESPONSIBLE FOR:

• Obtaining all required consents before using the Services to contact individuals
• Documenting and maintaining records of consent (who consented, when, how, and to what)
• Ensuring consent covers the specific types of communications you intend to send
• Honoring opt-out requests immediately and maintaining internal suppression lists
• Scrubbing your contact lists against federal and state DNC registries before calling
• Refreshing consent when required or when circumstances change

8.3 Opt-Out Rates and Data Quality

IMPORTANT: Opt-out rates, message deliverability, and campaign effectiveness are directly dependent on:

• The quality and source of your contact data – purchased lists and non-opted-in contacts typically see 20-50% opt-out rates
• Whether you have proper consent – messages to consented contacts typically see 1-5% opt-out rates
• The relevance and value of your messaging – generic, irrelevant, or high-frequency messages increase opt-outs
• Compliance with carrier guidelines and best practices – non-compliant messaging triggers carrier filtering
• Your sending reputation – spam complaints and opt-outs damage your sender reputation

AUTOMIZE IS NOT RESPONSIBLE FOR:

• High opt-out rates resulting from poor data quality, lack of consent, or irrelevant messaging
• Low delivery rates caused by carrier filtering, spam detection, or recipient blocking
• Message delays or failures due to carrier congestion or technical issues
• Blacklisting of your phone numbers or email domains due to spam complaints
• A2P registration denials or carrier suspensions due to non-compliant practices

Using purchased lists, scraped data, or non-opted-in contacts:

• Significantly increases opt-out rates (often 20-50% or higher)
• Violates TCPA and may result in $500-$1,500 per message in statutory damages
• May result in carrier blocking, number suspension, or platform termination
• Damages your business reputation and sender credibility
• Is strictly prohibited by most carriers and messaging providers

8.4 Message Content Standards

All messages sent through the platform must:

• Clearly identify the sender – include your business name or a recognizable brand
• Include functional opt-out mechanisms – e.g., “Reply STOP to opt out” for texts, unsubscribe link for emails
• Not contain false, misleading, or deceptive content – all claims must be truthful and substantiated
• Comply with character limits and formatting requirements – standard SMS is 160 characters, concatenated messages may not deliver properly
• Avoid prohibited content including:
  • Adult content, sexually explicit material, or pornography
  • Cannabis, CBD, or marijuana-related offers (even in legal states)
  • Illegal services, products, or activities
  • Get-rich-quick schemes, pyramid schemes, or fraudulent offers
  • Hate speech, harassment, or threatening language
  • Phishing attempts or malware links
  • Deceptive subject lines or headers

8.5 Quiet Hours and Timing Restrictions

YOU MUST NOT initiate communications outside of legally permitted calling hours:

• Federal TCPA: No calls before 8:00 AM or after 9:00 PM recipient’s local time
• State Laws: Some states have more restrictive hours (e.g., 9:00 AM – 8:00 PM)
• Sundays and Holidays: Some jurisdictions restrict or prohibit calling on Sundays or holidays
• Text Messages: While TCPA doesn’t explicitly set hours for texts, industry best practice is 8:00 AM – 9:00 PM

YOU ARE RESPONSIBLE FOR:

• Configuring campaigns to respect quiet hours in all relevant time zones
• Understanding and complying with state-specific timing restrictions
• Ensuring automated campaigns do not send outside permitted hours
• Adjusting for daylight saving time changes
• Accounting for recipient location when scheduling communications

8.6 Platform Safeguards as Convenience Tools

Automize may provide compliance tools such as:

• Quiet hours enforcement
• Opt-out keyword processing (STOP, UNSUBSCRIBE, CANCEL, etc.)
• DNC list integration and scrubbing
• Compliance warnings and prompts
• A2P registration assistance
• Message content scanning for prohibited keywords

HOWEVER, THESE TOOLS ARE PROVIDED AS A CONVENIENCE ONLY and do not absolve you of your legal compliance responsibilities.

CRITICAL LIMITATION:

• Platform safeguards may have bugs, errors, or limitations
• Automated opt-out processing may fail or miss certain keywords
• DNC scrubbing relies on third-party data that may be incomplete or outdated
• Compliance warnings are not legal advice and may not cover all scenarios
• YOU REMAIN SOLELY LIABLE for the content, timing, recipients, and compliance of all communications

8.7 Account Suspension for Non-Compliance

We reserve the right to immediately suspend or terminate accounts that:

• Generate excessive spam complaints (typically >0.3% complaint rate)
• Violate carrier messaging policies or exceed carrier-imposed sending limits
• Engage in illegal robocalling, spoofing, or caller ID manipulation
• Send prohibited content or engage in fraudulent messaging
• Refuse to implement compliance measures or ignore our warnings
• Accumulate TCPA violations, regulatory complaints, or legal threats
• Are reported by recipients for harassment or abuse
• Fail to honor opt-outs or continue contacting DNC-listed individuals
• Engage in patterns of non-compliant behavior despite warnings

Upon suspension or termination for compliance violations:

• You will not receive a refund of any fees paid
• You will remain liable for any usage fees incurred
• You will be responsible for any fines or penalties imposed on Automize as a result of your conduct
• We may provide information about your account to regulatory authorities if required or requested

8.8 Carrier Filtering and Third-Party Enforcement

Mobile Carriers (AT&T, Verizon, T-Mobile, etc.) and Messaging Services independently:

• Filter, block, or rate-limit messages based on their own spam detection algorithms
• Suspend or terminate phone numbers generating excessive complaints
• Require business verification and brand registration for A2P messaging
• May charge additional fees or reject registration applications
• Change their policies and enforcement practices without notice to Automize

Email Service Providers (Gmail, Outlook, Yahoo, etc.):

• Use proprietary spam filters that may block or quarantine your emails
• Maintain sender reputation scores that affect deliverability
• May blacklist your domain or IP address due to spam complaints
• Require proper SPF, DKIM, and DMARC authentication

AUTOMIZE IS NOT RESPONSIBLE FOR:

• Carrier filtering decisions or message blocking by mobile networks
• Message delivery failures due to carrier technical issues or policy enforcement
• Registry rejections or A2P registration denials
• Email deliverability problems or spam filter classifications
• Suspension or termination of your phone numbers by carriers
• Changes to carrier policies or fee structures
• Third-party enforcement actions against your communications

8.9 A2P 10DLC Registration and Compliance

For SMS/MMS messaging, carriers require A2P 10DLC registration:

• Registration Fees: You are responsible for paying all registration fees, including:

   

  • Campaign registration: $4-$15 per campaign (one-time, varies by carrier)
  • Brand verification: $4-$50 (one-time, depending on verification level)
  • Monthly fees: Some carriers charge ongoing monthly fees
• Registration Requirements: You must provide:

   

  • Accurate business information and tax identification
  • Use case description and sample messages
  • Website and business verification documentation
  • Opt-in collection method and consent language
• Approval Timeline: Registration typically takes 1-7 business days but may take longer for additional review

   

• Rejection Risk: Registrations may be rejected if:

   

  • Business information is incomplete or inaccurate
  • Use case is prohibited or high-risk (loans, debt, cannabis, etc.)
  • Sample messages contain prohibited content
  • Website is unavailable or doesn’t match business description

YOU ACKNOWLEDGE:

• Registration approval is controlled by carriers, not Automize
• Rejected registrations may not be refunded
• Approved campaigns have throughput limits (messages per day) set by carriers
• Violation of registered use case may result in campaign suspension
• You must re-register if your use case changes materially

8.10 CAN-SPAM Compliance for Email Marketing

If you use Automize to send commercial emails, you must comply with the CAN-SPAM Act:

Required Elements:

• Accurate “From,” “To,” and “Reply-To” information
• Non-deceptive subject lines
• Clear identification that the message is an advertisement (where applicable)
• Valid physical postal address of your business
• Clear and conspicuous unsubscribe mechanism
• Honor opt-out requests within 10 business days

Prohibited Practices:

• False or misleading header information
• Deceptive subject lines
• Failing to include unsubscribe option
• Failing to honor opt-out requests promptly
• Sharing email addresses of people who opt out

Penalties: CAN-SPAM violations can result in penalties up to $51,744 per email.

9. Do Not Call (DNC) and Do Not Contact Compliance

9.1 DNC Designation Functionality

Automize provides functionality to designate contacts as “Do Not Call” (DNC) or “Do Not Contact” (DNC) within your account.

You are solely responsible for:

• Accurately marking contacts who have requested no contact
• Maintaining up-to-date DNC preferences for all contacts
• Ensuring compliance with all DNC requests
• Regularly scrubbing your contact lists against:
  • Federal Do-Not-Call Registry (www.donotcall.gov)
  • State Do-Not-Call registries (where applicable)
  • Internal company suppression lists
  • Client-specific do-not-contact requests
• Re-scrubbing lists at least every 31 days as required by TSR
• Honoring verbal DNC requests made during calls

9.2 No Guarantee of DNC Enforcement

While we employ commercially reasonable efforts to honor DNC preferences set within the platform, WE DO NOT GUARANTEE that DNC-designated contacts will never be contacted due to:

• Software bugs or system errors – coding defects may cause DNC flags to be ignored
• Third-party integration failures – syncing issues with external systems may override DNC settings
• Data corruption or synchronization issues – database errors may cause DNC status to be lost
• User error or configuration mistakes – incorrect setup of campaigns or filters
• Platform limitations – technical constraints on how DNC is implemented
• Race conditions – contacts may be loaded into a campaign before DNC status updates
• Import/export errors – bulk operations may not properly respect DNC flags
• API or webhook failures – automated processes may malfunction
• Caching issues – outdated data may be used temporarily before refresh

9.3 Assumption of Risk and Release

BY USING THE SERVICES, YOU EXPRESSLY ASSUME ALL RISK associated with DNC compliance failures and agree to release, defend, indemnify, and hold harmless Automize LLC from any and all:

• Claims, liabilities, fines, or penalties under TCPA, TSR, or state DNC laws
• TCPA statutory damages ($500-$1,500 per violation)
• Attorney’s fees and legal costs
• Regulatory enforcement actions or investigations
• Cease and desist orders or injunctions
• Reputational harm or business disruption
• Any other damages or losses

arising from inadvertent, accidental, or unauthorized contact to DNC-designated individuals, regardless of the cause or fault.

This release applies even if the contact was caused by Automize’s negligence, software defects, or system failures.

9.4 No Liability for TCPA or DNC Violations

UNDER NO CIRCUMSTANCES SHALL AUTOMIZE BE LIABLE for:

• Fines, penalties, or statutory damages under TCPA (which can be $500-$1,500 per call/text)
• Regulatory actions, investigations, or enforcement by FTC, FCC, or state authorities
• Class action lawsuits or mass arbitration demands related to DNC violations
• Individual consumer lawsuits for DNC violations
• Attorney’s fees and legal costs incurred by you or claimants
• Reputational damage to your business
• Loss of business or customers due to DNC violations
• Costs of settling DNC-related claims

arising under the TCPA, TSR, CAN-SPAM Act, or any analogous federal, state, or international law resulting from your use of the Services, contact to DNC-listed individuals, or any alleged violation of do-not-call regulations.

9.5 Safe Harbor Procedures

To minimize risk of DNC violations, we recommend you:

• Scrub all lists against national and state DNC registries before importing
• Manually verify DNC status for high-value or high-risk contacts
• Implement a 48-hour waiting period between import and outreach
• Conduct regular audits of DNC compliance
• Train staff on proper DNC procedures
• Document all opt-out requests and DNC designations
• Maintain comprehensive call/text logs for compliance review
• Consider purchasing E&O insurance covering TCPA liability

However, these are recommendations only, not guarantees, and following them does not eliminate your risk or our disclaimer of liability.

10. Third-Party Services and Integrations

10.1 Third-Party Providers and Subprocessors

Automize integrates with and relies upon various third-party services and subprocessors to deliver the Services, including but not limited to:

Core Platform Infrastructure:

• GoHighLevel (CRM platform and infrastructure)
• Amazon Web Services (AWS) – cloud hosting and storage
• Google Cloud Platform – computing and AI services

Communication Services:

• Twilio – SMS, MMS, and voice services
• Bandwidth.com – phone numbers and telecommunications
• SendGrid – email delivery services
• Vonage – additional voice services

Data and Analytics:

• BatchData / BatchLeads – property data and skip tracing
• DataTree – property records and ownership information
• Various MLS data providers – real estate listing data

Payment Processing:

• Stripe – payment processing and billing
• PayPal – alternative payment processing

Other Integrations:

• Zapier – workflow automation and third-party app connections
• Google Workspace – calendar, contacts, and productivity integrations
• Various third-party APIs as selected by you

WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR:

• Third-party service availability, reliability, uptime, or performance
• Third-party terms of service, privacy policies, data practices, or pricing
• Data shared with third-party services pursuant to your authorization or configuration
• Actions taken by third-party providers, including data breaches or security incidents
• Third-party service interruptions, outages, or degradation
• Changes to third-party APIs, features, or integrations
• Third-party billing, fee changes, or payment disputes
• Compliance of third-party services with applicable laws

10.2 Third-Party Terms and Compliance

Your use of integrated third-party services is subject to their respective terms of service, privacy policies, acceptable use policies, and other agreements.

YOU ARE RESPONSIBLE FOR:

• Reviewing and accepting the terms of all third-party services you use
• Complying with all third-party service requirements and restrictions
• Obtaining any necessary licenses or permissions from third-party providers
• Paying any fees charged directly by third-party providers
• Maintaining separate accounts and credentials with third-party services
• Understanding how your data is used by third-party services

We may facilitate connections to third-party services, but we are not a party to your relationship with those providers.

10.3 Service Interruptions and Integration Failures

WE ARE NOT LIABLE for:

• Service interruptions, data loss, or functionality limitations caused by third-party service failures
• Broken integrations due to third-party API changes or deprecations
• Loss of data caused by third-party service errors or data breaches
• Failed automations or workflows due to third-party service unavailability
• Inability to access features that depend on third-party services
• Costs incurred due to third-party service failures or rate limits
• Migration costs if a third-party service is discontinued

Third-party services may:

• Change their APIs, features, or pricing without notice to us
• Discontinue services or integrations entirely
• Implement rate limits or usage restrictions that affect your use of Automize
• Require separate registration, verification, or compliance steps
• Have different uptime commitments or service levels than Automize

10.4 Data Sharing with Third Parties

By using integrated third-party services, you authorize and consent to Automize sharing your data with those services as necessary to provide the requested functionality, including:

• Contact information (names, phone numbers, email addresses)
• Communication history and message content
• Property data and transaction information
• Usage data and analytics
• Account and billing information
• Any other data necessary for the integration to function

You acknowledge:

• Once data is shared with a third-party service, it is subject to that service’s data practices
• We cannot control how third parties use, store, or protect your data
• Third parties may use your data for their own purposes as permitted by their terms
• You should review third-party privacy policies to understand their data practices

10.5 Third-Party Links and Content

The Services may contain links to third-party websites, resources, or content. We do not endorse, warrant, or take responsibility for:

• The accuracy, legality, or appropriateness of third-party content
• Third-party websites, products, or services
• Privacy practices or security of third-party sites
• Any transactions or interactions with third parties

Clicking on third-party links or using third-party services is at your own risk.

11. Prohibited Uses and Conduct

You agree NOT to use the Services to:

Illegal Activities:

• Violate any federal, state, local, or international law or regulation
• Engage in fraudulent, deceptive, or illegal business practices
• Facilitate money laundering, terrorist financing, or other criminal activity
• Violate export control laws or sanctions regulations

Harmful Communications:

• Send unsolicited bulk communications (spam) or engage in harassment
• Transmit malware, viruses, or harmful code
• Send phishing attempts or social engineering attacks
• Distribute child sexual abuse material or content exploiting minors
• Send threats, hate speech, or content promoting violence
• Engage in stalking, doxxing, or privacy violations

Platform Abuse:

• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Attempt to gain unauthorized access to any part of the Services, other users’ accounts, or connected systems
• Use the Services for any fraudulent or deceptive purpose
• Circumvent any technical limitations, security measures, or usage restrictions
• Overload, flood, or perform denial-of-service attacks
• Use automated scripts or bots to access the Services (except through authorized APIs)

Data Misuse:

• Scrape, data-mine, or extract data from the Services without authorization
• Upload or share data you do not have legal rights to use
• Collect or harvest information about other users without consent
• Use the Services to build a competing database or product

Intellectual Property Violations:

• Copy, duplicate, or extract any AI agent prompts, workflow automations, or proprietary templates
• Reverse-engineer, decompile, or disassemble any part of the Services
• Remove or obscure any proprietary notices or branding
• Use our trademarks, logos, or branding without permission
• Resell, sublicense, or redistribute the Services or any component thereof

Competitive Use:

• Use the Services to compete with Automize or develop competing products
• Benchmark the Services for competitive purposes without permission
• Share access credentials with competitors

Prohibited Content:

• Send messages containing adult content, sexually explicit material, or pornography
• Promote cannabis, CBD, marijuana, or other controlled substances (even in legal states)
• Facilitate illegal gambling, unregulated financial services, or pyramid schemes
• Promote weapons, ammunition, or explosives
• Send deceptive get-rich-quick schemes or fraudulent offers

Compliance Violations:

• Engage in activities that generate excessive spam complaints or violate carrier policies
• Send communications to individuals who have not consented or have opted out
• Violate TCPA, CAN-SPAM, TSR, or other telecommunications regulations
• Contact individuals on Do-Not-Call lists without proper exemptions
• Engage in caller ID spoofing or misleading identification practices

Violation of these prohibitions may result in:

• Immediate account suspension or termination without refund
• Forfeiture of all prepaid credits and fees
• Legal action and pursuit of monetary damages
• Referral to law enforcement or regulatory authorities
• Liability for any damages, costs, or fees incurred by Automize

12. Data Privacy and Security

12.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, available at www.automizecrm.com/privacy. By using the Services, you consent to our data practices as described in the Privacy Policy.

12.2 Data Security Measures

We implement reasonable administrative, technical, and physical safeguards designed to protect your data, including:

• Encryption of data in transit (TLS/SSL) and at rest
• Access controls and authentication mechanisms
• Regular security assessments and vulnerability testing
• Employee training on data security and privacy
• Incident response and breach notification procedures

However, no system is 100% secure, and we cannot guarantee absolute security against unauthorized access, hacking, data breaches, or cyber attacks.

12.3 Your Data Security Responsibilities

You are responsible for:

• Maintaining strong, unique passwords for your account
• Enabling two-factor authentication where available
• Keeping your access credentials confidential
• Monitoring your account for unauthorized activity
• Using secure networks and devices to access the Services
• Backing up your own data regularly
• Promptly reporting any security incidents or suspicious activity

12.4 Data Backup and Disaster Recovery

While we implement backup and disaster recovery procedures, YOU ARE SOLELY RESPONSIBLE for maintaining your own backups of critical data.

We do not guarantee:

• That backups will be available or recoverable in all circumstances
• Any specific recovery time objective (RTO) or recovery point objective (RPO)
• That data will be restorable after certain periods
• That all data types will be backed up

We strongly recommend that you regularly export and back up your important data, including contact lists, deal information, documents, and campaign history.

12.5 Data Retention and Deletion

We retain your data for as long as your account is active or as needed to provide Services.

Upon account cancellation or termination:

• We typically retain data for 30-90 days to allow for reactivation or data retrieval
• After the retention period, data may be permanently deleted and cannot be recovered
• Some data may be retained longer for legal, compliance, or operational reasons
• Anonymized or aggregated data may be retained indefinitely for analytics and improvement

You may request deletion of your data, subject to:

• Legal and regulatory retention requirements
• Pending transactions or disputes
• Backup and archival systems (which may take additional time to purge)
• Technical limitations on immediate deletion

12.6 Your Legal Rights to Data

Depending on your jurisdiction, you may have certain legal rights regarding your data, including:

• Right to access your personal data
• Right to correct inaccurate data
• Right to delete your data (subject to exceptions)
• Right to data portability
• Right to object to certain processing
• Right to withdraw consent

To exercise these rights, contact us at support@automizecrm.com. We will respond within the timeframes required by applicable law.

12.7 California Privacy Rights (CCPA/CPRA)

California residents have specific rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). See our Privacy Policy for details on:

• Categories of personal information collected
• Purposes for collection and use
• Third parties with whom we share data
• Your rights to know, delete, and opt-out
• Our non-discrimination policy

12.8 International Data Transfers

The Services are operated in the United States. If you access the Services from outside the U.S., your data will be transferred to, stored, and processed in the United States, which may have different data protection laws than your jurisdiction. By using the Services, you consent to this transfer.

12.9 Data Breach Notification

In the event of a data breach that affects your personal information, we will:

• Investigate the incident promptly
• Take steps to contain and remediate the breach
• Notify affected users as required by applicable law
• Provide information about the breach and steps users can take to protect themselves
• Cooperate with law enforcement and regulatory authorities

However, we are not liable for damages resulting from data breaches, except as required by law or to the extent caused by our gross negligence or willful misconduct.

13. Cookies, Tracking, and Analytics

13.1 Use of Cookies

The Services use cookies, web beacons, and similar tracking technologies to:

• Maintain your login session
• Remember your preferences and settings
• Analyze usage patterns and improve the Services
• Deliver targeted advertising (where applicable)
• Detect and prevent fraud

13.2 Types of Cookies

• Essential Cookies: Required for the Services to function properly
• Performance Cookies: Help us understand how users interact with the Services
• Functional Cookies: Remember your choices and preferences
• Advertising Cookies: Used to deliver relevant ads (if applicable)

13.3 Your Cookie Choices

Most browsers allow you to:

• View and delete cookies
• Block third-party cookies
• Set preferences for cookie acceptance

Note: Disabling cookies may limit your ability to use certain features of the Services.

13.4 Third-Party Analytics

We may use third-party analytics services (e.g., Google Analytics, Mixpanel) to collect information about how users interact with the Services. These services may use their own cookies and tracking technologies. See our Privacy Policy for more information.

14. SMS Messaging Terms and Conditions

IMPORTANT: By using Automize’s SMS/MMS messaging features, you agree to the following terms:

14.1 Consent to Receive Messages

You agree to receive recurring automated promotional and transactional text messages (SMS and MMS) from Automize LLC to the mobile telephone number you provided when signing up or any other number you designate, including:

• Service notifications and alerts
• Account updates and billing information
• Feature announcements and product updates
• Platform status and maintenance notifications
• Marketing communications (if you opt in)

14.2 Automated Messaging

Messages may be sent using an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of purchasing or using the Services.

14.3 Message Frequency and Charges

• Message frequency will vary based on your account activity and settings
• Automize reserves the right to alter the frequency of messages sent at any time
• Msg & Data rates may apply – standard text messaging rates from your mobile carrier will apply
• Message and data rates are charged by your mobile carrier and are your responsibility

14.4 Supported Carriers

We are able to deliver messages to the following mobile phone carriers:

• AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular
• Boost Mobile, Cricket, MetroPCS
• Virgin Mobile, and other major national and regional carriers

Note: Not all mobile devices or handsets may be supported, and messages may not be deliverable in all areas.

14.5 Opt-Out / Unsubscribe

To stop receiving messages from Automize:

• Text any of the following keywords: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT
• After sending one of these keywords, you will receive one final confirmation message
• You may also adjust message preferences in your account settings

Important: Our text message platform may not recognize and respond to unsubscribe requests that do not include the specified keywords. Automize and its service providers will have no liability for failing to honor requests that do not use the proper opt-out keywords.

14.6 Help and Customer Support

• Text HELP to receive customer care contact information
• For additional support, email support@automizecrm.com or call +1 (267) 440-7650

14.7 No Liability for Delays or Failures

Automize LLC, its service providers, and the mobile carriers supported by the program are not liable for:

• Delayed or undelivered messages
• Messages blocked or filtered by carriers
• Message delivery to incorrect numbers
• Technical failures or service interruptions

14.8 Phone Number Changes

Automize also reserves the right to change the short code or phone number from which messages are sent. We will notify you when we make such changes.

14.9 Relationship to Other Terms

These SMS Messaging Terms are part of and subject to our full Terms of Service and Privacy Policy. To the extent that a conflict exists between these SMS Messaging Terms and our general Terms of Service, these SMS Messaging Terms will control with respect to text messaging.

15. Direct Mail Services (If Applicable)

If you use Automize’s direct mail services, the following additional terms apply:

15.1 Payment and Order Processing

• All prices are in U.S. Dollars (USD)
• Payment must be made in full, including printing, postage, and handling fees, before we begin production
• We use Stripe as our payment processor (subject to Stripe’s terms and fees)

15.2 Artwork Approval and Softproof

• You must review and approve a softproof before production begins
• Once you approve the softproof, you assume full responsibility for any mistakes in design, text, or formatting
• We will not issue refunds or reprints for mistakes after softproof approval
• The softproof will not 100% represent the final mailer – color and size may vary slightly due to printing

15.3 Refunds and Reprints

ALL DIRECT MAIL SALES ARE FINAL:

• No refunds after production begins
• No refunds for errors you approve in the softproof
• Defective Products: If there is a defect caused by our error (printing mistakes, addressing errors), we will offer a refund for the total order amount minus postage cost
  • We will not re-run defective orders
  • You must notify us within 10 days from the mailing date to request a refund

15.4 USPS Damages

Direct mail products may be damaged during USPS handling (smudges, crumples, etc.). These damages are beyond our control and we cannot process refunds or provide replacements for USPS-caused damage.

15.5 Your Responsibilities

• Ensure artwork files are accurate and in the correct format
• You have the right to use all images and content in your artwork
• Provide accurate shipping addresses and recipient information
• Do not upload offensive, indecent, or infringing material
• We reserve the right to refuse any order that may be illegal or infringe on third-party rights

15.6 File Retention

We may retain artwork files for a limited period. Files inactive for an extended period may be deleted without notice. Please download and back up important files.

16. Referral and Affiliate Program

If Automize offers a referral or affiliate program, the following terms apply:

16.1 Program Overview

The Automize referral/affiliate program rewards users for recommending our Services to others. Participants may earn commissions, credits, or other rewards for qualifying referrals.

16.2 Eligibility

• Participation is subject to approval by Automize
• You must be capable of forming legally binding contracts
• You must comply with all applicable laws and regulations
• You cannot refer yourself or create accounts on your own behalf (directly or indirectly)

16.3 Prohibited Practices

You may not:

• Engage in self-referral or create fake accounts to earn rewards
• Use misleading, deceptive, or false advertising
• Spam or engage in unsolicited outreach to promote Automize
• Violate any third-party terms (e.g., Google Ads policies, social media terms)
• Misrepresent Automize’s features, pricing, or policies
• Use trademark-infringing keywords or domains

16.4 Termination and Forfeiture

• We may terminate your participation at any time, with or without cause
• Upon termination, you will only receive rewards for non-disputed, verified referrals made prior to termination
• Violation of these terms will result in immediate forfeiture of all pending rewards
• We reserve the right to claw back rewards obtained through fraudulent means

16.5 Program Changes

We reserve the right to modify, suspend, or discontinue the referral/affiliate program at any time, including changes to:

• Commission rates and reward structures
• Eligibility criteria
• Terms of participation

17. Promotions, Discounts, and Offers

17.1 Promotional Terms

Automize may offer promotions, discounts, coupon codes, limited-time offers, or special pricing from time to time. All promotions are subject to specific terms and conditions, which will be communicated at the time of the offer.

17.2 Changes to Promotions

WE RESERVE THE RIGHT TO:

• Modify, suspend, or discontinue any promotion at any time without prior notice
• Change promotional pricing, discount percentages, or offer terms
• Expire or revoke coupon codes at our discretion
• Limit the availability or eligibility of promotions
• Restrict promotions to certain user segments, regions, or time periods

17.3 Non-Transferability and Restrictions

Unless explicitly stated, promotional discounts and offers are:

• Non-transferable and may not be sold or assigned to others
• Cannot be combined with other offers or discounts (unless specified)
• Limited to one use per customer or account
• Subject to minimum purchase requirements or other eligibility criteria
• Void if obtained through unauthorized means, fraud, or abuse
• Subject to expiration dates that will be strictly enforced

17.4 Billing After Promotions

After a promotional period ends (e.g., first month discount, trial pricing), you will be automatically billed at the standard subscription rate unless you cancel before the promotion expires. It is your responsibility to cancel if you do not wish to continue at standard pricing.

17.5 No Rain Checks or Extensions

If a promotion expires or is discontinued, we are not obligated to extend it, honor it retroactively, or provide any substitute offer.

18. Service Level and Uptime

18.1 No Uptime Guarantee

While we strive to provide reliable and continuous service, WE DO NOT GUARANTEE:

• Any specific uptime percentage or availability
• Uninterrupted or error-free access to the Services
• That the Services will meet your specific requirements
• Any particular service level agreement (SLA) for non-enterprise customers

18.2 Scheduled Maintenance

We may perform scheduled maintenance, upgrades, or updates that may result in:

• Temporary service interruptions
• Feature unavailability
• Data synchronization delays

We will attempt to provide advance notice of scheduled maintenance when feasible, but we are not obligated to do so. Maintenance may occur at any time.

18.3 Emergency Maintenance and Outages

We may perform emergency maintenance without notice if necessary to:

• Address security vulnerabilities
• Prevent data loss or system failures
• Comply with legal requirements
• Respond to third-party service outages

18.4 No Credits or Refunds for Downtime

You will not receive credits, refunds, or service extensions for any service interruptions, downtime, or unavailability, whether scheduled or unscheduled, except as required by law or as explicitly provided in a written SLA (enterprise customers only).

18.5 Degraded Performance

The Services may occasionally experience degraded performance due to:

• High user volume or usage spikes
• Third-party service limitations or failures
• Network congestion or routing issues
• DDoS attacks or security incidents

We are not liable for any damages resulting from degraded performance.

19. Service Modifications and Feature Changes

19.1 Right to Modify Services

WE RESERVE THE RIGHT TO:

• Add, modify, suspend, or discontinue any features or functionality at any time without prior notice
• Introduce new features at additional cost or as part of higher-tier subscription plans
• Remove or deprecate features from existing subscription plans
• Change the availability of features across different subscription tiers
• Modify the technical specifications, capabilities, or performance of the Services
• Change the user interface, design, or user experience
• Adjust usage limits, quotas, or rate limits

19.2 No Guarantee of Feature Continuity

Features available today may not be available tomorrow. We do not guarantee that any specific feature will:

• Remain available or unchanged
• Continue to function in the same manner
• Be compatible with future updates
• Be available at the same pricing tier

19.3 New Features and Pricing

• New features may require plan upgrades – we may introduce features as part of higher-tier plans or paid add-ons
• Existing customers are not grandfathered – we may require plan upgrades to access new features, even for long-time customers
• Early access may be limited – new features may be rolled out gradually or made available to specific user segments first

19.4 No Compensation for Changes

If we modify, limit, or discontinue features:

• You will not be entitled to a refund, credit, compensation, or price reduction
• This applies even if the modified or removed feature was a primary reason for your subscription
• You may cancel your subscription if you are unsatisfied with the changes

19.5 Notice of Material Changes

For material changes that significantly impact core functionality, we will attempt to provide reasonable notice (typically 14-30 days via email or in-app notification), but we are not obligated to provide notice and may make changes immediately when necessary for:

• Security or compliance reasons
• Addressing critical bugs or vulnerabilities
• Responding to third-party requirements
• Legal or regulatory obligations

19.6 Beta Features and Experimental Functionality

From time to time, we may make beta, pilot, or experimental features available:

YOU ACKNOWLEDGE THAT BETA FEATURES:

• Are provided “as is” without warranty of any kind
• May contain bugs, errors, or defects
• May not function as intended or described
• May cause data loss or corruption
• May be modified or discontinued at any time without notice
• May never be released as final features
• Are not suitable for production or mission-critical use

YOU USE BETA FEATURES ENTIRELY AT YOUR OWN RISK.

20. Professional Services and Custom Development

If Automize offers professional services, onboarding assistance, consulting, training, or custom development, the following terms apply:

20.1 Scope of Services

Professional services may include:

• Account setup and configuration assistance
• Custom workflow development
• Training and onboarding sessions
• Data migration and import services
• Custom integrations or API development
• Strategic consulting

Specific scope, deliverables, and timelines will be outlined in a separate Statement of Work (SOW) or proposal.

20.2 Additional Fees

Professional services are billed separately from subscription fees and may be charged:

• As one-time project fees
• On an hourly basis
• Based on predefined project milestones
• Through monthly retainers

All professional services fees are non-refundable once work has begun.

20.3 Work Product Ownership

• Custom Automations and Configurations: Work product specific to your account (custom workflows, templates, configurations) remains accessible to you as part of your account
• General IP: Any general tools, methodologies, or intellectual property developed by Automize remains Automize’s property
• Third-Party Components: Any third-party software or components remain subject to their respective licenses

20.4 No Guarantee of Results

Professional services are provided on a best-efforts basis. We do not guarantee:

• That custom solutions will achieve specific business outcomes
• That implementations will be error-free or bug-free
• Compatibility with future platform updates
• Ongoing support or maintenance of custom solutions beyond what is specified in the SOW

20.5 Your Cooperation

Professional services require your cooperation, including:

• Timely provision of information, access, and resources
• Availability for meetings and reviews
• Prompt feedback and approvals
• Payment of invoices on time

Delays caused by your lack of cooperation may result in additional fees or project cancellation.

21. User Testimonials, Reviews, and Publicity

21.1 Permission to Use Testimonials

By providing a testimonial, review, feedback, case study participation, or any public endorsement of Automize:

You grant us permission to:

• Use your testimonial in marketing and promotional materials
• Publish your testimonial on our website, social media, and advertising
• Include your name, business name, photo, logo, or other identifiers with the testimonial
• Edit or excerpt your testimonial for length or clarity
• Distribute your testimonial across multiple channels and platforms

21.2 Accuracy and Authenticity

You represent and warrant that:

• Your testimonial is truthful and accurate
• Your testimonial reflects your genuine experience with the Services
• You have the authority to provide the testimonial on behalf of any business or organization referenced
• Your testimonial does not violate any third-party rights

21.3 Revocation Rights

You may request removal of your testimonial at any time by contacting support@automizecrm.com. We will make reasonable efforts to remove it from materials we control, but:

• Removal may not be immediate
• We cannot remove testimonials from archived materials or third-party sites
• Testimonials may remain in printed materials until inventory is depleted

21.4 No Compensation

Unless otherwise agreed in writing, you will not receive compensation for testimonials or endorsements.

21.5 Use of Customer Names and Logos

With your permission, we may:

• List your business name and logo on our website as a customer
• Reference your use of the Services in case studies or marketing materials
• Include your business in customer count or industry statistics

You may opt out of such use by contacting us at support@automizecrm.com.

22. Business Continuity and Service Termination

22.1 Automize Discontinuation of Services

In the unlikely event that Automize discontinues the Services entirely:

We will attempt to:

• Provide reasonable advance notice (typically 30-90 days)
• Allow you to export your data
• Provide information about alternative solutions or migration options

However:

• We are not obligated to provide any specific notice period
• We are not responsible for finding or paying for alternative services
• We are not liable for any damages, losses, or costs resulting from service discontinuation
• No refunds will be provided except as required by law

22.2 Acquisition or Merger

In the event Automize is acquired, merged, or transfers its assets:

• These Terms will remain in effect unless modified by the acquiring entity
• The Services may be discontinued, modified, or integrated into other platforms
• Your data may be transferred to the acquiring entity
• You may be required to accept new terms or migrate to a different platform

22.3 Bankruptcy or Insolvency

In the event of bankruptcy, insolvency, or similar proceedings:

• The Services may be discontinued with little or no notice
• Your access to data may be limited or terminated
• We may be unable to provide data exports or support
• You will not be entitled to refunds of prepaid fees (these become unsecured claims in bankruptcy)

22.4 Preparation and Risk Mitigation

YOU ACKNOWLEDGE AND AGREE that:

• You should regularly back up critical data
• You should not rely solely on Automize for permanent data storage
• You should maintain contingency plans for service disruption
• Business continuity is your responsibility, not ours

23. Disclaimers and Warranties

23.1 “AS IS” and “AS AVAILABLE” Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOMIZE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability – no warranty that Services are fit for general use
• Warranties of fitness for a particular purpose – no warranty that Services meet your specific needs
• Warranties of title and non-infringement – no warranty that use won’t violate third-party rights
• Warranties that the Services will be uninterrupted – downtime and outages may occur
• Warranties that the Services will be error-free – bugs, defects, and errors may exist
• Warranties that the Services will be secure – no system is completely secure from breaches
• Warranties regarding accuracy, reliability, or completeness of any content, data, or results
• Warranties that defects will be corrected – we may choose not to fix certain issues
• Warranties that third-party services will function properly – integrations may fail
• Warranties regarding AI accuracy or performance – AI has inherent limitations

23.2 No Guarantee of Business Results

WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL:

• Generate leads, deals, conversions, or revenue
• Achieve specific message delivery rates, open rates, or response rates
• Result in any particular business outcome or return on investment
• Improve your business efficiency or productivity
• Comply with all applicable laws in your specific jurisdiction or use case
• Save you time or money
• Replace the need for other software, tools, or services

23.3 Third-Party Data and Content

We may rely on third-party data providers for property data, skip tracing, contact information, and other services.

WE MAKE NO WARRANTIES REGARDING:

• The accuracy, completeness, timeliness, or legality of third-party data
• The availability or reliability of third-party data sources
• Compliance of third-party data with applicable laws
• Your right to use third-party data for your specific purposes

YOUR RELIANCE ON THIRD-PARTY DATA IS ENTIRELY AT YOUR OWN RISK.

23.4 AI Technology and Automation Disclaimers

Our AI agents and automation tools use machine learning and natural language processing technologies.

WE DISCLAIM ANY WARRANTY THAT AI FEATURES WILL:

• Understand or respond appropriately in all scenarios
• Make correct decisions or provide accurate information
• Perform consistently across different contexts or users
• Avoid errors, biases, or inappropriate outputs
• Comply with all applicable laws and regulations
• Function as well as human representatives

YOU ACKNOWLEDGE that AI technology:

• Has inherent limitations and potential for error
• Requires human oversight and monitoring
• May produce biased or inappropriate outputs
• May not perform as expected in edge cases
• Is continuously evolving and may change over time

23.5 Compliance Disclaimers

WE DO NOT WARRANT THAT:

• Use of the Services will make you compliant with TCPA, CAN-SPAM, or other laws
• Our compliance tools will prevent all violations
• Our platform will detect all non-compliant activities
• Following our recommendations will ensure legal compliance

LEGAL COMPLIANCE IS YOUR SOLE RESPONSIBILITY.

23.6 Forward-Looking Statements

Any statements about future features, capabilities, or improvements are forward-looking statements that may not materialize. We do not warrant that:

• Planned features will be delivered as described or at all
• Future capabilities will be available to all users or at current pricing
• The Services will continue to evolve in any particular direction

24. Limitation of Liability

24.1 EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTOMIZE LLC, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

Indirect or Consequential Damages:

• Lost profits, revenue, or business opportunities
• Loss of data, goodwill, or business reputation
• Cost of substitute goods or services
• Business interruption or operational delays
• Loss of customers or client relationships

Specific Categories of Liability:

• Fines, penalties, or regulatory actions under TCPA, CAN-SPAM, TSR, or other telecommunications laws
• Statutory damages for TCPA violations ($500-$1,500 per violation)
• Class action claims or mass arbitration costs
• Attorney’s fees and legal costs (yours or third parties’)
• Regulatory investigations or enforcement actions
• Damages from service interruptions, outages, errors, or bugs
• Damages from security breaches, data breaches, or unauthorized access
• Damages from third-party service failures or integration issues
• Damages from loss or corruption of data
• Damages from AI errors, inappropriate outputs, or poor performance
• Damages from messages sent to DNC-listed individuals
• Damages from non-compliant communications or campaigns
• Damages from carrier blocking, filtering, or account suspension
• Damages from failed automations or workflow errors
• Damages from inaccurate data, analytics, or reporting
• Damages from software bugs, defects, or compatibility issues
• Reputational harm or negative publicity
• Emotional distress or mental anguish

EVEN IF:

• We have been advised of the possibility of such damages
• The damages were foreseeable
• The damages arose from our negligence (except gross negligence or willful misconduct)
• Our remedy fails of its essential purpose

REGARDLESS OF THE LEGAL THEORY:

• Contract
• Tort
• Negligence
• Strict liability
• Product liability
• Statutory liability
• Or any other legal or equitable theory

24.2 CAP ON TOTAL LIABILITY

IN NO EVENT SHALL AUTOMIZE’S TOTAL AGGREGATE LIABILITY to you for all claims arising out of or relating to these Terms, the Services, or your use thereof exceed the LESSER OF:

(A) The total amount you paid to Automize in the 12 months immediately preceding the event giving rise to the claim, or

(B) Five Hundred Dollars ($500)

This cap applies to all claims collectively, not per claim or per incident.

24.3 ALLOCATION OF RISK

YOU ACKNOWLEDGE AND AGREE THAT:

• The above limitations of liability are an essential basis of the bargain between you and Automize
• The fees charged reflect this allocation of risk
• Automize would not provide the Services without these limitations
• You have the opportunity to obtain insurance to cover potential risks

24.4 Exclusions from Limitations

The above limitations do NOT apply to:

• Automize’s gross negligence, fraud, or willful misconduct – we remain liable for intentional wrongdoing
• Your indemnification obligations – you remain fully liable for your violations and required to indemnify us
• Violations of intellectual property rights – we can pursue full damages for IP theft
• Claims that cannot be limited by law – such as personal injury or death caused by our negligence
• Fees owed to Automize – we can recover full amounts of unpaid subscription and usage fees

24.5 SOLE AND EXCLUSIVE REMEDY

YOUR SOLE AND EXCLUSIVE REMEDY for dissatisfaction with the Services, any breach by Automize, or any other dispute is to:

1. Discontinue use of the Services
2. Cancel your account
3. Recover damages up to the liability cap specified above (if applicable)

You waive any other remedies, including but not limited to:

• Specific performance or injunctive relief (except for IP violations)
• Restitution or disgorgement
• Punitive or exemplary damages
• Any equitable remedies

24.6 Essential Purpose

If a court or arbitrator finds that any limitation or exclusion in this Section is unenforceable, then such provision shall be severed from these Terms, and the remaining limitations and exclusions shall remain in full force and effect to the maximum extent permitted by law.

This Section survives termination of these Terms and your account.

25. Indemnification

25.1 Your Indemnity Obligation

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Automize LLC, its affiliates, parent companies, subsidiaries, officers, directors, employees, agents, contractors, licensors, service providers, and partners (collectively, the “Indemnified Parties”) from and against any and all:

• Claims, demands, or causes of action
• Liabilities, damages, losses, or injuries
• Costs, expenses, or fees (including reasonable attorneys’ fees, court costs, expert fees, and litigation expenses)
• Fines, penalties, or regulatory enforcement actions
• Judgments, settlements, or awards

ARISING OUT OF OR RELATING TO:

Your Use of Services:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable laws or regulations
• Your User Content, data, or communications
• Your campaigns, messaging, or outreach activities

Third-Party Rights:

• Your violation of any third-party rights, including:
  • Intellectual property rights (copyright, trademark, patent, trade secret)
  • Privacy rights or publicity rights
  • Contractual rights
  • Property rights

Communications Violations:

• Your violation of TCPA, CAN-SPAM, TSR, or other telecommunications laws
• Communications sent to DNC-listed individuals or non-consenting recipients
• Autodialed calls or prerecorded messages without proper consent
• Text messages sent without prior express written consent
• Emails sent without proper opt-in or with deceptive headers
• Violation of quiet hours or timing restrictions
• Failure to honor opt-out requests

Regulatory and Legal Actions:

• Regulatory fines, penalties, or enforcement actions arising from your conduct
• TCPA statutory damages ($500-$1,500 per violation)
• Class action lawsuits or mass arbitration demands related to your communications
• Individual consumer lawsuits for your violations
• State attorney general investigations or actions
• FTC or FCC enforcement proceedings
• Claims by recipients of your messages or calls

Other Violations:

• Infringement or alleged infringement of intellectual property rights
• Defamation, libel, or slander in your communications
• Fraud, misrepresentation, or deceptive practices
• Data breaches or security incidents caused by your actions
• Violations of your agreements with third parties

25.2 Defense and Settlement Authority

We reserve the right, at our option and expense, to:

• Assume exclusive defense and control of any matter subject to indemnification by you
• Retain counsel of our choosing
• Settle any claim on such terms as we deem appropriate

If we assume defense:

• You agree to fully cooperate with our defense
• You agree to provide all requested information and assistance
• You may not settle any claim without our prior written consent
• You remain responsible for all indemnification obligations

If we do not assume defense:

• You must defend the claim at your own expense
• You must keep us informed of all developments
• You may not settle any claim that admits liability on our part or imposes obligations on us without our prior written consent

25.3 Immediate Notification

YOU MUST:

• Promptly notify us in writing of any claim or potential claim subject to indemnification
• Provide us with all relevant information about the claim
• Not admit liability or make any settlement without our consent
• Cooperate fully with us in the defense or settlement of any claim

Failure to promptly notify us may limit or void your indemnification obligations only to the extent we are prejudiced by the delay.

25.4 Indemnification for Fines Passed Through

SPECIFIC TO REGULATORY FINES: If Automize incurs any fines, penalties, or regulatory costs due to your misuse of the Services or your violation of applicable laws, and we pass those costs through to you (as permitted in Section 6.11):

• You agree to reimburse the full amount within 15 days
• Your indemnification obligation includes the fine amount plus our administrative costs, legal fees, and expenses
• We may charge your payment method on file if you fail to reimburse voluntarily
• We may suspend or terminate your account until full reimbursement

25.5 Survival

Your indemnification obligations survive:

• Termination or expiration of these Terms
• Cancellation of your account
• Discontinuation of the Services
• Any other event that would otherwise end our relationship

You remain obligated to indemnify us for claims arising from your actions while your account was active, even if the claim is brought years after termination.

25.6 No Limitation

Your indemnification obligations are NOT SUBJECT TO the limitation of liability provisions in Section 24. You may be liable for the full amount of damages, fees, costs, and penalties, with no cap.

26. Dispute Resolution and Arbitration

26.1 Informal Dispute Resolution

Before filing any legal claim, you agree to first contact us at support@automizecrm.com and attempt to resolve the dispute informally for at least 30 days.

During this period:

• Provide a detailed description of the dispute
• Include your desired resolution
• We will work in good faith to resolve the matter
• Time limitations for filing claims are tolled during this period

26.2 Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

ANY DISPUTE, CLAIM, OR CONTROVERSY arising out of or relating to these Terms, the Services, or our relationship (including any alleged breach, interpretation, applicability, enforceability, or formation) that cannot be resolved informally shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration shall be conducted:

• By a single arbitrator selected according to AAA rules
• In Philadelphia, Pennsylvania, unless both parties agree otherwise
• Under the laws of the Commonwealth of Pennsylvania (without regard to conflicts of law principles)
• In English language
• With each party bearing their own costs and fees (unless the arbitrator awards fees to the prevailing party)

The arbitrator shall have exclusive authority to:

• Resolve all disputes, including disputes about the arbitrability of claims
• Award any relief that would be available in court (damages, injunctions, declaratory relief, etc.)
• Award attorneys’ fees and costs if permitted by law or these Terms
• Issue a written decision explaining the basis for the award

The arbitrator’s decision shall be:

• Final and binding on both parties
• Subject to very limited appeal rights under the Federal Arbitration Act
• Enforceable in any court of competent jurisdiction

You and Automize agree that:

• The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision
• This arbitration agreement survives termination of these Terms
• All aspects of the arbitration shall remain confidential

26.3 CLASS ACTION WAIVER

CRITICAL – PLEASE READ CAREFULLY

YOU AND AUTOMIZE AGREE that any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and NOT in a class, consolidated, or representative action.

YOU EXPRESSLY WAIVE:

• Any right to participate as a plaintiff or class member in any class action, collective action, or consolidated proceeding
• Any right to participate in a private attorney general action or representative proceeding
• Any right to act as a class representative or participate in a class settlement
• Any right to have claims adjudicated on a class-wide basis
• Any right to join or consolidate claims with those of any other person or entity

THIS MEANS:

• All disputes must be brought individually
• You cannot be part of a class action lawsuit against Automize
• You cannot join your claim with other users’ claims
• The arbitrator cannot consolidate multiple users’ claims
• Each user must bring their own individual claim

If any court or arbitrator determines that the class action waiver is unenforceable for any reason, then:

• The arbitration agreement in Section 26.2 shall be deemed null and void
• Any dispute shall proceed in court (subject to the jury waiver below)
• But the class action waiver shall remain enforceable to the maximum extent permitted by law

Exceptions: This class action waiver does not apply to:

• Claims brought by governmental entities or regulatory agencies
• Disputes that by law cannot be subject to class action waiver

26.4 Jury Trial Waiver

YOU AND AUTOMIZE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY.

Instead:

• You and Automize elect that all disputes be resolved by arbitration (as described above)
• Or, if arbitration is deemed invalid or inapplicable, by a judge sitting without a jury
• Neither party may demand or be entitled to a jury trial

This waiver applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

26.5 Small Claims Court Exception

Notwithstanding the arbitration agreement, either party may bring an individual action in small claims court if:

• The claim qualifies for small claims court jurisdiction in the relevant jurisdiction
• The claim remains in small claims court and is not transferred or appealed to a higher court
• The claim is brought on an individual basis (not as part of a class or consolidated action)

If the claim is removed from small claims court or exceeds jurisdictional limits, it must proceed to arbitration.

26.6 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice to:

Automize LLC
614 S 4th St Unit 172
Philadelphia, PA 19147
Email: support@automizecrm.com
Subject: “Arbitration Opt-Out”

The opt-out notice must:

• Be sent within 30 days of first accepting these Terms (first signup date)
• Include your full name, address, email address, and phone number
• Include a clear statement that you wish to opt out of the arbitration agreement
• Be signed by you (for email, your typed name is sufficient)

If you validly opt out:

• You retain your right to pursue claims in court
• The class action waiver and jury trial waiver remain in effect
• Automize retains its right to pursue claims against you in court

If you do not opt out within 30 days:

• You are bound by the arbitration agreement
• You cannot later opt out or revoke your agreement to arbitrate

26.7 Governing Law for Disputes

The arbitration and any court proceedings shall be governed by:

• The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.)
• The laws of the Commonwealth of Pennsylvania (without regard to conflicts of law principles)
• Federal law where applicable

26.8 Injunctive Relief

Notwithstanding the arbitration agreement, either party may seek temporary or preliminary injunctive relief in court to:

• Prevent irreparable harm
• Preserve the status quo pending arbitration
• Protect intellectual property rights
• Enforce confidentiality obligations

Such relief may be sought without first attempting informal resolution.

26.9 Confidentiality of Arbitration

All aspects of the arbitration shall be strictly confidential, including:

• The existence of the arbitration
• All documents and evidence produced
• All testimony and arguments
• The arbitrator’s decision and award

Neither party may disclose confidential arbitration information except:

• To the extent necessary to enforce or challenge the award in court
• As required by law or court order
• To legal counsel, accountants, or other professional advisors (under confidentiality obligations)

26.10 Severability and Survival

If any portion of this dispute resolution section is found to be unenforceable:

• The remaining portions shall remain in full force and effect
• The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable
• If the class action waiver is found unenforceable, the arbitration agreement shall be void, but other provisions remain

This Section survives termination of these Terms.

27. Governing Law and Venue

27.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

Federal law applies where applicable (e.g., Federal Arbitration Act, TCPA, CAN-SPAM, intellectual property law).

27.2 Exclusive Venue

If for any reason a dispute proceeds in court rather than arbitration (e.g., you validly opted out of arbitration, arbitration is deemed inapplicable, or you seek permissible injunctive relief), you agree that:

• Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Philadelphia County, Pennsylvania
• You consent to the personal jurisdiction of such courts
• You waive any objection to venue in such courts
• You waive any claim that such courts are an inconvenient forum

27.3 No Class Actions in Court

In any court proceeding, you waive any right to participate in any class action, collective action, or representative action, and any dispute must be brought individually.

28. General Provisions

28.1 Entire Agreement

These Terms, together with:

• Our Privacy Policy
• Any applicable Statements of Work or Order Forms
• Any other policies or documents expressly incorporated by reference

constitute the entire agreement between you and Automize regarding the Services and supersede all prior or contemporaneous:

• Agreements or understandings (oral or written)
• Proposals or representations
• Statements or discussions
• Course of dealing or usage of trade

28.2 Amendments and Updates

We reserve the right to modify, update, or change these Terms at any time and for any reason.

When we update these Terms:

• We will post the updated Terms on our website
• We will update the “Effective Date” at the top of these Terms
• We may (but are not required to) send notice via email or in-app notification
• For material changes, we will attempt to provide at least 14 days’ notice

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

If you do not agree to the changes:

• You must discontinue use of the Services
• You must cancel your account before the changes take effect
• No refund will be provided for subscription fees already paid

28.3 Severability

If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable:

• The invalid provision shall be modified to the minimum extent necessary to make it enforceable
• If the provision cannot be modified, it shall be severed and deleted from these Terms
• The remaining provisions shall remain in full force and effect
• The intent and enforceability of the remaining Terms shall not be affected

Specific severability provisions:

• If the class action waiver (Section 26.3) is found unenforceable, the arbitration agreement (Section 26.2) becomes void
• If the arbitration agreement is found unenforceable, the jury trial waiver (Section 26.4) remains in effect
• If any limitation of liability is found unenforceable, remaining limitations remain in effect

28.4 No Waiver

Our failure or delay in enforcing any right or provision of these Terms shall NOT constitute a waiver of that right or provision.

No waiver shall be effective unless:

• Made in writing
• Signed by an authorized representative of Automize
• Expressly states that it is a waiver

A waiver of any breach or provision shall NOT be deemed a waiver of:

• Any subsequent breach or provision
• Any continuing breach of the same provision
• Any other right or provision

28.5 Assignment and Transfer

You may NOT assign or transfer these Terms or your account (by operation of law or otherwise) without our prior written consent.

Any attempted assignment or transfer in violation of this Section is void.

We may freely assign or transfer these Terms and our rights hereunder, including to:

• Any affiliate, subsidiary, or parent company
• Any purchaser of substantially all of our assets or stock
• Any successor entity in a merger, acquisition, or reorganization
• Any third party for any reason

Upon assignment, we may:

• Transfer your account and data to the assignee
• Require you to accept revised terms
• Discontinue your access if you refuse to accept the new terms

28.6 Force Majeure

Automize is not liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to:

• Acts of God (earthquakes, floods, hurricanes, pandemics, etc.)
• War, terrorism, or civil unrest
• Government actions, embargoes, or sanctions
• Labor disputes or strikes (including our employees or contractors)
• Failure of third-party services or telecommunications
• Internet or network outages or disruptions
• Cyberattacks, DDoS attacks, or hacking attempts
• Power failures or utility outages
• Fire, explosion, or other disasters
• Pandemics, epidemics, or public health emergencies
• Supplier failures or material shortages

During a force majeure event:

• Our obligations under these Terms are suspended
• We will use reasonable efforts to mitigate the impact
• We will resume performance as soon as reasonably practicable
• You are not entitled to refunds, credits, or damages

If the force majeure event continues for more than 60 days:

• We may terminate these Terms without liability
• You may terminate your account without penalty
• No refunds will be provided for prepaid fees

28.7 Survival

The following provisions survive termination or expiration of these Terms:

• Sections 5 (Intellectual Property)
• Section 6.4 (No Refunds)
• Section 11 (Data Privacy – to the extent necessary for compliance)
• Section 12 (Data Retention and Deletion)
• Section 13 (Disclaimers)
• Section 24 (Limitation of Liability)
• Section 25 (Indemnification)
• Section 26 (Dispute Resolution and Arbitration)
• Section 27 (Governing Law)
• This Section 28.7 (Survival)
• Any other provisions that by their nature should survive

28.8 Relationship of Parties

You and Automize are independent contractors.

These Terms do NOT create:

• Any agency, partnership, or joint venture relationship
• Any employee-employer relationship
• Any franchisor-franchisee relationship
• Any fiduciary duty or trust relationship

Neither party has authority to:

• Bind the other party to any obligation
• Make representations or warranties on behalf of the other party
• Incur liabilities or expenses on behalf of the other party

28.9 Notices and Communications

How to Send Legal Notices to Automize: All legal notices, demands, or formal communications to Automize must be sent to:

Automize LLC
614 S 4th St Unit 172
Philadelphia, PA 19147
Email: support@automizecrm.com
Attn: Legal Department

Legal notices must be:

• In writing (email is acceptable for legal notices)
• Sent to the addresses above
• Clearly marked with subject “Legal Notice” or similar designation

How Automize Will Send Notices to You: We may send notices, communications, or updates to you via:

• Email to the address associated with your account
• In-app notifications within the platform
• Posting on our website or blog
• SMS/text message (for urgent account matters only)

Notices shall be deemed received:

• For email: When sent (regardless of whether you open or read it)
• For in-app notifications: When posted
• For website postings: When published
• For SMS: When sent

Your Responsibility:

• You must maintain a current and valid email address in your account
• You must regularly check your email and account for notices
• We are not responsible for notices sent to outdated email addresses
• You are deemed to have received notices even if your email server blocks or filters them

28.10 Export Compliance and Sanctions

You agree to comply with all applicable export control laws and regulations, including:

• U.S. Export Administration Regulations (EAR)
• International Traffic in Arms Regulations (ITAR)
• Economic sanctions programs (OFAC, etc.)

You may NOT export or re-export the Services:

• To any countries subject to U.S. export restrictions or sanctions (including but not limited to Iran, North Korea, Syria, Cuba, Crimea region of Ukraine, and the Donetsk and Luhansk regions)
• To any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List
• For any purpose prohibited by U.S. law, including development of nuclear, chemical, or biological weapons

You represent and warrant that:

• You are not located in, under control of, or a national or resident of any restricted country
• You are not on any U.S. government list of prohibited or restricted parties
• You will not use the Services for any prohibited purpose

Violation of export laws may result in:

• Immediate account termination
• Civil and criminal penalties
• Reporting to government authorities

28.11 Government and Public Entity Users

If you are a U.S. federal, state, or local government entity or agency, or a public school or university, the Services are deemed to be “commercial computer software” and “commercial computer software documentation” as those terms are defined in:

• FAR 12.212 (for civilian agencies)
• DFARS 227.7202 (for Department of Defense)

Your rights to use the Services are limited to:

• The rights granted to all users under these Terms
• No additional rights or licenses are granted to government entities
• You may not impose any requirements inconsistent with these Terms

28.12 Language and Translation

These Terms are drafted in English.

If we provide a translation of these Terms into other languages:

• The translation is provided for convenience only
• The English version shall control in case of any discrepancy or conflict
• You acknowledge that you have read and understood the English version
• Legal disputes will be interpreted based on the English version

28.13 Interpretation

In interpreting these Terms:

• Headings and section titles are for convenience only and do not affect interpretation
• References to “including” mean “including but not limited to”
• References to “days” mean calendar days unless otherwise specified
• References to “writing” or “written” include email communications
• The singular includes the plural and vice versa
• “You” and “your” may refer to individuals or business entities as applicable
• Examples are illustrative and not exhaustive

28.14 Third-Party Beneficiaries

Except as expressly stated in these Terms, no third party is intended to be a beneficiary of these Terms.

The following are expressly third-party beneficiaries entitled to enforce these Terms:

• Automize’s affiliates, parent companies, and subsidiaries
• Automize’s officers, directors, employees, agents, and contractors (for purposes of limitations of liability and indemnification)
• Subprocessors and service providers identified in Section 10.1 (for purposes of limitations of liability)

28.15 Equitable Relief

You acknowledge that:

• Breach of Sections 5 (Intellectual Property), 10 (Prohibited Uses), or confidentiality obligations may cause irreparable harm to Automize
• Monetary damages may be inadequate to compensate for such harm
• Automize is entitled to seek equitable relief (including injunctions and specific performance) without the need to post a bond
• Automize may seek such relief in any court of competent jurisdiction, notwithstanding the arbitration agreement

28.16 Consent to Electronic Signatures and Communications

You consent to:

• Use of electronic signatures, records, and disclosures in connection with these Terms
• Receiving all agreements, notices, disclosures, and other communications electronically
• Electronic execution of these Terms and any related documents

You acknowledge that:

• Electronic communications satisfy any legal requirement that communications be in writing
• You have the ability to access, print, and retain electronic records
• You can withdraw consent to electronic communications by contacting us (which may result in account termination)

28.17 Statute of Limitations

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION arising out of or related to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose.

After this period:

• The claim is permanently barred
• You waive any right to bring the claim
• This applies regardless of any statute of limitations that might otherwise apply

This limitation does not apply to:

• Claims that by law cannot be subject to contractual limitations periods
• Claims for unpaid fees owed to Automize
• Claims for intellectual property infringement

28.18 No Informal Modifications

These Terms may not be modified or waived except by:

• A written amendment signed by an authorized representative of Automize
• An updated version of these Terms posted on our website (per Section 28.2)

Verbal statements, emails, or conversations with employees or support staff do NOT modify these Terms unless formalized in a written amendment signed by authorized personnel.

28.19 Counterparts and Electronic Execution

These Terms may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement.

Electronic acceptance (such as clicking “I Agree,” checking a box, or using the Services) constitutes your binding acceptance of these Terms with the same force and effect as a handwritten signature.

29. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Services, please contact us:

Automize LLC
614 S 4th St Unit 172
Philadelphia, PA 19147

Email: support@automizecrm.com
Phone: +1 (267) 440-7650
Website: www.automizecrm.com

For Legal Notices: support@automizecrm.com (Subject: “Legal Notice”)
For DMCA Notices: support@automizecrm.com (Subject: “DMCA Takedown Request”)
For Privacy Requests: support@automizecrm.com (Subject: “Privacy Request”)
For Arbitration Opt-Out: support@automizecrm.com (Subject: “Arbitration Opt-Out”)

Business Hours:
Monday – Friday: 9:00 AM – 5:00 PM EST
(Emergency support available 24/7 for critical account issues)

ACKNOWLEDGMENT AND ACCEPTANCE

BY ACCESSING OR USING AUTOMIZE CRM, YOU ACKNOWLEDGE THAT:

1. You have read, understood, and agree to be bound by these Terms of Service in their entirety
2. You have read and agree to our Privacy Policy
3. You understand the arbitration agreement, class action waiver, and jury trial waiver
4. You understand that you have 30 days to opt out of the arbitration agreement
5. You understand that all sales are final and no refunds will be provided except as required by law
6. You understand your responsibility for compliance with TCPA, CAN-SPAM, and other telecommunications laws
7. You understand that AI features have limitations and require human oversight
8. You understand that you are solely responsible for all communications sent through the platform
9. You assume all risk for use of the Services and release Automize from liability as described herein
10. You agree to indemnify Automize for your violations and any fines or penalties arising from your conduct

If you do not agree to these Terms, you may not access or use the Services.

Last Updated: February 13, 2026

Effective Date: February 01, 2026

© 2026 Automize LLC. All rights reserved.