Automatica AI - Terms and Conditions

AGREEMENT TO OUR LEGAL TERMS

We are Automatica AI ("Company," "we," "us," "our").

We operate www.automaticai.ca, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at [email protected] or by mail to Automatica AI, [Your Business Address Here].

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Automatica AI, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

Last Updated: June 12, 2025

1. Description of Services

Automatica AI provides advanced artificial intelligence-powered voice and text assistant services designed to enhance business operations, customer communication, and efficiency. Our Services may include, but are not limited to:

AI-driven text agents for automated customer support and communication.
AI-driven voice agents for interactive assistance and automated calls.
Workflow automation and integration with third-party platforms (e.g., CRM, messaging providers) to facilitate client-initiated communications.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, in accordance with Section 14 (Changes to Terms).

2. Client Accounts and Access

Account Provisioning: Automatica AI will create and provision accounts for the client owner and any designated staff members who require access to their assigned GoHighLevel (GHL) subaccount within our system. Clients do not directly create their own accounts for the Services.
Account Access: Staff accounts will have access to view, manage, and edit contacts and calendars assigned to their specific GHL subaccount. Access is strictly limited to their assigned subaccount. Automatica AI retains the administrator title and full control over all client subaccounts within our system.
Account Security: You are solely responsible for ensuring the confidentiality and security of all login credentials (usernames and passwords) provided for your owner and staff accounts. You agree to notify us immediately of any unauthorized use of your accounts or any other breach of security. Automatica AI will not be liable for any loss or damage arising from your failure to comply with this security obligation.
Eligibility: Our Services are intended for business use by individuals who are at least 18 years old or the age of majority in their jurisdiction. By using the Services, you represent and warrant that you meet these eligibility requirements.

3. Client Obligations and Conduct

You agree to use the Services only for lawful purposes and in compliance with these Terms. You are solely responsible for all data, content, and communications transmitted or processed through your account ("Client Data").

Legal Compliance: You warrant that your use of the Services, including the collection, processing, and transmission of all Client Data (including your customers' personal information), complies with all applicable local, provincial, federal, and international laws and regulations, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s Anti-Spam Legislation (CASL), and any industry-specific regulations relevant to your business.
Consent: You are solely responsible for obtaining and maintaining all necessary and legally compliant consents from your customers, employees, or any other individuals whose data you process through our Services (e.g., for recording voice interactions, sending SMS/email communications via our platform). Automatica AI acts as a Data Processor on your behalf, and we rely on your representation that you have secured all required consents for us to process such data.
Prohibited Conduct: You agree not to:
- Use the Services for any illegal, fraudulent, or abusive purposes, including but not limited to harassment, spamming, phishing, or distributing malware.
- Transmit any unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable material.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the integrity or performance of the Services or data contained therein.
- Attempt to gain unauthorized access to the Services or our related systems or networks.
- Use the Services to store or transmit sensitive personal information (e.g., Protected Health Information or payment card data) unless specifically supported by the Services and covered by a separate agreement (e.g., a Business Associate Agreement for HIPAA compliance).
- Use the Services for any high-risk activities where the failure of the Services could lead to death, personal injury, or severe environmental damage.
Content Responsibility: You are solely responsible for the accuracy, completeness, legality, reliability, and appropriateness of all Client Data and content generated or distributed through the Services. Automatica AI does not endorse or assume any responsibility for Client Data.

4. Payment Terms and Billing

Fees: You agree to pay all agreed-upon monthly fees for the Services as specified in your service agreement or order form. All Fees are exclusive of applicable taxes, and will be subject to the Harmonized Sales Tax (HST) for services provided in Ontario, Canada, which you are responsible for paying.
Billing: Services are billed monthly in advance as per your subscription plan. Payments are processed securely via our third-party payment providers (Stripe, PayPal). You authorize Automatica AI and its third-party payment processors to charge your selected payment method for all applicable Fees.
Overdue Payments: If any Fees are not paid by the due date, we reserve the right to suspend or terminate your access to the Services. You will be responsible for all costs of collection, including reasonable attorneys' fees.
No Refunds: Unless otherwise expressly stated in your specific service agreement or as required by applicable law, all Fees paid are non-refundable. This policy applies regardless of your usage of the Services or if you choose to terminate your account early.
Changes to Fees: While we strive for stability, server costs and other operational expenses may fluctuate. We reserve the right to adjust Fees, and any changes will be communicated to you well in advance and in cooperation with you, taking effect for your next billing cycle.

5. Intellectual Property

Automatica AI Intellectual Property: All rights, title, and interest in and to the Services, including all content, software, technology, trademarks, service marks, and all intellectual property rights therein (excluding Client Data), are and will remain the exclusive property of Automatica AI and its licensors. You may not copy, modify, distribute, sell, or lease any part of our Services.
Client Data Ownership: You retain all ownership rights in and to your Client Data. You grant Automatica AI a limited, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display Client Data solely for the purpose of providing, maintaining, and improving the Services to you, in accordance with our Privacy Policy.
Feedback: If you provide any suggestions, ideas, enhancement requests, or other feedback related to the Services ("Feedback"), you grant Automatica AI a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use, reproduce, modify, and incorporate such Feedback into the Services or other products and services.

6. Confidentiality

Both parties agree to treat all non-public information obtained from the other party as confidential, including but not limited to business plans, technology, client data, and financial information. Neither party will disclose such confidential information to any third party, except as required by law or as necessary to fulfill obligations under these Terms (e.g., sharing with sub-processors as outlined in our Privacy Policy). Both parties will use the same degree of care to protect confidential information as they use to protect their own similar information, but no less than reasonable care.

7. Data Processing and Privacy

Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. You agree to the practices described in the Privacy Policy.

As detailed in our Privacy Policy, Automatica AI acts as a Data Processor concerning personal information processed on behalf of our Clients, and the Client acts as the Data Controller. You acknowledge and agree that you are solely responsible for ensuring the lawfulness of your instructions to us regarding the processing of Client Data.

8. Service Levels and Availability

Our Services are designed to remain active 24/7. However, actual availability may be affected by unforeseen outages or issues from third-party server providers, including but not limited to those used by Cloudflare and Retell AI. While safety fallbacks are in place and we strive for 100% uptime, we cannot guarantee uninterrupted service. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Automatica AI is not responsible for any delays, delivery failures, or other damage resulting from such problems.

We do not guarantee that the Services will be error-free or that all defects will be corrected.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AUTOMATICA AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI OUTPUTS.

AUTOMATICA AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT THE USE OF AI TECHNOLOGIES INVOLVES INHERENT UNCERTAINTY AND THAT AI GENERATED CONTENT WILL TYPICALLY BE 80-90% ACCURATE AND WILL CONTINUE TO IMPROVE, BUT MAY STILL CONTAIN ERRORS, BIASES, OR INACCURACIES, AND MAY NOT ALWAYS BE SUITABLE FOR YOUR SPECIFIC PURPOSES. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY AI-GENERATED CONTENT OR ASSISTANCE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUTOMATICA AI, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT SHALL AUTOMATICA AI'S CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO AUTOMATICA AI FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AUTOMATICA AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Automatica AI, its affiliates, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

Your access to or use of the Services;
Your breach of any of these Terms;
Your Client Data, including any claim that your Client Data infringes or violates the intellectual property rights or other rights of any third party;
Any claim arising from your failure to obtain necessary consents for data processing or communications (e.g., CASL, PIPEDA); or
Your violation of any applicable law or regulation.

12. Termination

Termination by Client: You may terminate your account at any time by contacting us at [email protected]. Termination will be effective at the end of your current billing period, and no refunds will be issued for any unused portion of the service term.
Termination by Automatica AI: We may suspend or terminate your access to all or part of the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Grounds for termination include, but are not limited to, non-payment, violation of our acceptable use policy, or violation of applicable laws.
Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination. Automatica AI will delete Client Data in accordance with our Privacy Policy and data retention schedules after termination.

13. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
Exclusive Jurisdiction: You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts located in Toronto, Ontario, Canada.
Informal Resolution: Before initiating any formal legal action, both parties agree to first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or the Services through good faith negotiations.

14. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by Automatica AI on the Services, constitute the entire agreement between you and Automatica AI concerning the Services.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Automatica AI's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Automatica AI may assign these Terms without restriction.