___________ (“Company” or “we”) welcomes you, our user (“User” or “you”). These Terms of Service(“Terms”) govern your use of the ultimate AI-powered solution for social media management(“Automatis”), which is available on the website automatis.io (“Service”).
These Terms and any operating rules and policies posted on Automatis, including Privacy Notice andCookie Policy constitute the entire legally binding agreement and understanding between us and our users, governing your access to and use of Automatis (“Agreement”).
By using Automatis you make these T erms valid and mutually binding for the parties, and you declareand warrant that:
you have read and understand the Terms and hereby agree to be legally bound by and to comply with these Terms in full;
you have full legal capacity, which means you have reached the legal age and are not restricted otherwise (otherwise, you can use Automatis exclusively with the involvement of a parent or guardian);
you are duly authorized to act on behalf of the legal entity you represent (if applicable);
according to your local jurisdiction, you are eligible to enter into this agreement and have no restriction to access or use Automatis;
you comply with these Terms and all applicable laws and regulations.
Our Privacy Notice describes our collection and use of personal data connected with your access to and use of Automatis.
Our Cookie Policy explains why, how, and when we use cookies on Automatis Website.
Please contact us if you have any questions or comments about the Agreement.
We are the controller of your personal data processed through the Website. This means that wedetermine the purposes, scope, and means of personal data processing.
The Service offers content creation by integrating AI-powered tools for text, image, audio, and video generation. It offers collaborative workflows and team management features, allowing users to work on multiple projects simultaneously, collaborate with team members, and streamline content production.
You have to create a personalized account (“Account”) to use Automatis.
To create the Account in the Service, you have to indicate the following:
your name;
email address;
password.
You can log in to your Account via email or Google account.
Please provide accurate and complete information during registration and keep your account information up-to-date. The correctness and relevance of your information affect the quality of the services we provide.
Users are solely responsible for:
maintaining the confidentiality and security of the login credentials;
all actions taken through their Accounts.
You must not transfer or assign your Account to someone else.
Please immediately contact us if:
you have lost access to your Account,
you know or have any reason to suspect that someone has gained access to your Accountwithout your authorization,
your credentials have been lost, stolen, misappropriated, or otherwise compromised.
If you have lost a password to your Account, you may reset it with the corresponding functionality of Automatis.
You may delete your Account using the corresponding functionality in the Account’s settings. If you have an active subscription plan, cancel it before account deletion.
Please note that as a result, you will lose your active content creation campaigns and all account data, and restoration will not be possible.
T o use the Automatis’ functionality, you have to choose one of the subscription plans we offer. You can learn more about our subscription plans on the Website.
We reserve the right to change the subscription plan and the list of services available under them at anytime. We may notify you on any such changes.
At our discretion, we may apply various promotional offers and discounts on our services. Detailed conditions of such offers will be indicated on our Website.
Users are entitled to a_________-day trial period with access to the full functionality of the paid version.
Please note that the automatic transition to a paid subscription will occur after the trial period ends according to the selected plan with the obligation to pay.
The payments will be charged monthly or annually (depending on chosen subscription plan) on the first day of the subscription period (after the last day of the trial period if activated) until cancellation.
The renewal date of the subscription plan that stipulates a regular subscription fee withholding is the exact day of the following period of its purchase.
The price of Automatis’ paid subscription plans and commission rate are final and include all applicable taxes payable by the Company.
The subscription fees are paid via third-party payment services.
When you use third-party payment services, you are subject to other terms of service and privacynotices. We are not responsible for the processing of your personal data by such payment services.
To cancel the subscription without paying for the subsequent subscription period, use the following functionality in your Account at least 24 hours before the end of the current period or by contacting us.
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You are prohibited from using the services we offer and sharing User Content to conduct the followingprohibited activities and facilitate prohibited purposes which include but are not limited to:
The Company may, but is not obliged to control User Content, is not responsible for it, and makes no representations or warranties to any User Content.
Please contact us if you find any User Content violating these Terms or your rights.
If you notice any prohibited activities on Automatis, please contact us.
We may delete the user’s Account without warning if we find that Users have committed actions prohibited by these Terms.
If you object to the deletion of your Account, contact us. We will consider your objection and revise our decision.
At our sole discretion, we reserve the right to take action without compensation to users in the event of reasonable and sufficient grounds to believe that a violation has occurred.
Automatis is owned and controlled by the Company. Unless otherwise agreed in writing, all materials on Automatis, including text, graphics, software, information, images, designs, domains, trademarks, logos, photographs, video, sounds, music, and any other materials, and the intellectual property rights in such materials (“Content”) belong to the Company or is included on Automatis with the consent of the owner.
Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive,non-transferable, revocable worldwide license to access and use Automatis and the Content in the manner provided for in these Terms, including for commercial purposes.
You must not:
Any attempt to do so is considered a violation of these Terms and the rights of the Company. If you violate any of these restrictions, your use of Automatis may be reviewed and terminated, and you maybe subject to legal actions and damages.
You do not have any intellectual property rights for the Content of the websites created through Automatis. You retain your intellectual property rights only for the User Content published on such websites.
You can upload materials, including images, videos, texts, designs, graphics, icons, or other materials and information (“User Content”) through Automatis. If you contribute User Content through Automatis, such User Content may be accessible to other Internet users and available for copying, sharing, distributing, and publishing outside Automatis.
Users are exclusively responsible for all User Content and the consequences of submitting it through Automatis. We do not verify the User Content’s accuracy, quality, content or legality. We may, but are not obliged to review, analyze, filter, edit or remove any User Content. We are not responsible for preventing or identifying infringement of intellectual property rights or non-compliance with applicable laws. The Company will not be liable, directly or indirectly, in any way for any damage or loss caused or alleged to be caused by or in connection with the User Content.
Users are solely responsible for obtaining all necessary consents, licenses and waivers required to submit the User Content through Automatis. These may include consents, licenses and waivers from copyright, trademark and other intellectual property owners, and any other individuals involved in creating the User Content.
We own your User Content and information that you submit through Automatis.
By submitting the User Content through Automatis, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable license to use, run, host, reproduce, process, translate, adapt, modify, publish, transmit, distribute and display the User Content.
This license gives permission to:
You can end this license anytime by deleting your User Content or Account. However, the license and permissions regarding your User Content will continue to be in force for the users who have previously shared/reposted or downloaded your User Content.
When you upload or make available any User Content, you thereby represent and warrant that:
You are solely responsible for any User Content you upload to Automatis. The User Content published through Automatis can be subject to our prior moderation. However, we do not give any promises or guarantees to the User Content.
If someone believes that our users infringe their intellectual property rights, they can send a Notice of Claimed Infringement to us (“DMCA Notice”) by providing the following information in accordance with the Digital Millennium Copyright Act (“DMCA”):
If we receive the DMCA Notice in accordance with the foregoing, we reserve the right, at our sole discretion. to:
If you believe that your User Content claimed to be infringing and therefore removed from Automatis does not infringe on any copyrights, you may submit the Counter Notice containing the following information:
Upon receipt of the Counter Notice as set forth above the Company will:
Automatis contains or may depend on links to other websites and services (AI-content generation, payment processing, etc.).
The access and use of the other websites and services we do not control are governed by third parties and do not fall under these Terms.
We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred as a result of your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.
You acknowledge that other terms of use (or equivalents) and privacy notices (or equivalents) apply to your use of third-party websites, services, and their content or functions.
Automatis is provided to you “as is”.
The Company explicitly disclaims all warranties, express or implied, regarding Automatis, Content andServices you may obtain or access through Automatis, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.
We do our best to keep your data safe and secure and maintain Automatis’s functionality. However, Automatis may be subject to unavailability for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited, or curtailed.
WE ARE NOT RESPONSIBLE FOR DATA LOSS OR THE INABILITY TO USE PASSWORDS OR OTHER INFORMATION FOR LOGIN OR IDENTIFICATION.
WE DO NOT GUARANTEE THAT AUTOMATIS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT AUTOMATIS IS FREE OF ANYTHING ELSE HARMFUL.
WE DO NOT GUARANTEE THE CORRECTNESS OR COMPLETENESS OF THE INFORMATION PROVIDED BY AI-SERVICES PROVIDERS. USERS SHOULD VERIFY INDEPENDENTLY THE ACCURACY OF ANY OUTPUTS. WE ARE NOT RESPONSIBLE FOR ANY DECISIONS TAKEN BASED ON THE INFORMATION OR CONTENT PROVIDED THROUGH AUTOMATIS.
THE COMPANY DOES NOT PROMOTE OR ENDORSE ANY BUSINESS THAT USES OUR SERVICE.WE ALSO DO NOT PROMOTE ANY GOODS OR SERVICES ADVERTISEMENTS OF WICH WERE CREATER THROUGH AUTOMATIS.
THE COMPANY DOES NOT GUARANTEE THAT USING ARTIFICIAL INTELLIGENCE TECHNOLOGY WILL HELP GENERATE CONTENT THAT WILL MEET YOUR EXPECTATIONS. THEREFORE, WERE COMMEND CHECKING AND EDITING THE CREATED CONTENT BEFORE PUBLISHING IF NECESSARY.
USERS SHOULD NOT PERCEIVE AI-GENERATED CONTENT AS CORRECT, APPLICABLE, AND PROFITABLE. THE RESULTS OF USING THE FUNCTIONALITY OF AUTOMATIS AND THE CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE DEPEND ON THE WAY AND SKILLS OF THEIR USE BY USERS. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL MEET YOUR EXPECTATIONS FROM USING THE SERVICE IN YOUR BUSINESS PURPOSES.
At Automatis, we strive for excellence in customer experience. Should you encounter any errors or issues during your use, please don't hesitate to contact us, we will make sure to carefully review your request and improve your experience as much as we can.
We shall not be held responsible if any information, materials, or Content available through Automatis is inaccurate or incomplete and for typographical errors, omissions in the text, or other materials.
In no event shall we or our contractors, subcontractors, employees, or any other team members, officers, members, affiliates, directors, agents, licensors, subsidiaries, suppliers, or any other party involved in creating, producing, transmitting, or distributing our products (“Key Persons”) and services be liable for:
We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control.
Automatis relies on third-party AI technology, and we are not responsible for any unavailability, errors, or malfunctions in their services. Users should regard the information and recommendations provided by Automatis as suggestive only and use AI-generated content according to their own judgment for specific purposes. The company will not be held accountable for any outcomes resulting from the application of Automatis' services in users' business activities, including compliance with legal standards or consequences stemming from the use of generated content, whether AI-assisted or manually created by users, as well as for any services provided or products sold by users.
The above disclaimer applies to the extent permitted by applicable law. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, liability is limited to the greatest extent permitted by law, resulting in the smallest dollar amount permitted for the aggregate liability for both the Company and affiliated parties for a claim deriving from or related to Automatis. This is in place of any and all other remedies otherwise available.
You agree to defend, indemnify and hold harmless us and Key Persons from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:
We reserve the right to handle our legal defense. However, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us to execute our strategy.
The Party is released from liability for breach of these Terms if such breach is caused by reasons beyond the control of this Party (“Force Majeure”).
The Force Majeure shall be confirmed by the relevant document (certificate) issued by the authorized body at the Party’s request.
The Party must immediately (and not later than within ten (10) calendar days from such circumstances occurrence) notify the other Party of the Force Majeure and substantiate its interference with the performance of obligations under these Terms. Otherwise, such a Party loses the right to refer to the Force Majeure.
Force Majeure automatically extends the term of performance of obligations under these Terms for a period equal to its duration. Force Majeure releases the Party invoking it from the liability for non-performance.
If the Force Majeure lasts for more than 30 calendar days, either Party may initiate the termination of these Terms.
These Terms shall be exclusively governed by and construed under the laws of the Delaware State,USA.
You agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to these Terms, including, without limitation, those relating to its validity, its construction or its enforceability, shall be settled through amicable negotiations directly with us following the principles of good faith and cooperation.
If attempts to reach a consensus through the negotiations fail, the dispute shall be settled by the regional office of the American Arbitration Association in Philadelphia, Pennsylvania, USA by a single arbitrator chosen pursuant to the then-applicable rules.
The arbitration proceedings may be conducted in English, if the Parties do not agree otherwise.
If the arbitration clause above is inapplicable, then you consent to the jurisdiction of the federal or state courts of Wilmington, Delaware for purposes of any suit, action, or proceeding arising out of these Terms.
Any cause of action or claim you may have must be commenced within one year after the claim or cause of action arises.
We reserve the right at our sole discretion with prior notice to modify, suspend or discontinue Automatis, Content, features, your Account, or offers through Automatis at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.
We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license and access to Automatis.
We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.
We may immediately block your Account without refund for a number of reasons, including where:
You may terminate these Terms by canceling your subscription, deleting your Account through its settings and no longer accessing and using Automatis or by contacting us.
If you terminate these Terms, all permissions and licenses under these Terms will immediately terminate.
By using Automatis and providing us with your contact details, you understand and agree that we may send you electronic notifications via email and push notifications regarding, without limitation:
Some email messages may be more “commercial” in nature than others, as they may advertise our services or offers in which we believe you may be interested. You may unsubscribe from receiving these emails from us by following the instructions provided in such communications.
We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations.
At our sole discretion, we reserve the right to modify these Terms. If material changes affect your use of Automatis, we will post the amended Terms seven (7) days prior to the effective date of changes. We may notify you before the changes’ effective date by sending an email to you if you have previously provided us with your email address. If you continue to use Automatis, you agree to the updated version of these Terms.
If you disagree with the updated version of these Terms, please delete your Account and no longer use or access Automatis.
If any provision of these Terms is deemed unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of Automatis to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
