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Terms of Service

Effective Date: May 16, 2026
Last Updated: May 16, 2026
Version: 2.0

PLEASE READ CAREFULLY. These Terms of Service contain a binding arbitration provision and a class-action waiver in Section 16 that affect your legal rights. Please read them carefully. You have 30 days from your acceptance of these Terms to opt out of arbitration as described in Section 16.4.

1. Acceptance of Terms

These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you" or "Customer") and Kenny Bianchi LLC, a Delaware limited liability company doing business as Automatoir ("Automatoir," "we," "us," or "our"), governing your access to and use of the Automatoir platform at www.automatoir.comand all related services, features, software, and applications we make available (collectively, the "Service").

By checking the acceptance box and clicking "Sign up," creating an account, or otherwise accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and references to "you" or "Customer" include both you individually and that organization.

These Terms incorporate by reference our Data Processing Agreement, which is available on request to qualifying customers (see Section 9).

2. Description of Service

Automatoir is an AI-powered sales intelligence platform. Features include AI email triage and drafting, lead research and qualification, competitive intelligence, automated outreach sequences, and integration with email mailboxes (via Nylas) and CRM systems (HubSpot, Salesforce). The Service uses artificial intelligence — primarily through the Anthropic Claude API and Voyage AI embeddings — to classify emails, generate draft replies, score prospects, generate research summaries, and personalize outreach.

In delivering the Service, we will, on your instruction:

  • ingest email content from your connected mailbox;
  • send email content and prospect data to AI models for processing;
  • send commercial email on your behalf to recipients you direct;
  • synchronize data with your CRM;
  • enrich prospect records via third-party data sources you authorize.

By using the Service, you instruct us to undertake these processing activities on your behalf.

The Service is provided on a subscription basis. Features available to you depend on your active subscription plan, which is described at automatoir.com/catalog. We may add, modify, or remove features, integrations, and tier limits, and will provide reasonable advance notice of material reductions.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years of age to use the Service. The Service is intended for businesses operating in the United States and Canada. We do not market or sell the Service to users in the European Economic Area, the United Kingdom, or Switzerland, and we may decline or terminate accounts we identify as operating from those jurisdictions. By accessing the Service, you represent and warrant that:

  • you are at least 18;
  • you are operating from the United States or Canada;
  • you have the legal capacity to enter into these Terms;
  • if you are using the Service on behalf of an organization, you have authority to bind that organization;
  • your use of the Service will not violate any law applicable to you.

3.2 Account integrity

You agree to provide accurate, current, and complete information when creating your account, and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You agree to notify us immediately of any unauthorized access or use.

3.3 One account

Each individual or business entity may maintain one account. We reserve the right to suspend or terminate duplicate accounts.

4. Subscription, Billing, and Cancellation

4.1 Auto-renewal — clear and conspicuous notice

Your subscription will automatically renew at the end of each billing period (monthly, unless otherwise stated at checkout) at the then-current price for your subscription tier, until you cancel. Auto-renewal is a material term of your subscription. You authorize us, through Stripe, to charge your payment method for each renewal.

We disclose this auto-renewal at checkout, in your subscription confirmation email, and in your dashboard.

4.2 Cancellation — easy and online

You may cancel your subscription at any time:

  • From your dashboard. Go to the Billing page and click Manage billing to open the billing portal, then select the cancellation option. Cancellation takes effect at the end of your then-current billing period and you retain access until that date.
  • By email. Send a cancellation request to hello@automatoir.com from the email address associated with your account.

There is no fee to cancel. Cancellation is at least as easy as sign-up.

4.3 Refunds

Subscription fees are non-refundable, except where required by applicable law. We do not provide pro-rated refunds for partial billing periods, except where required by applicable law or as we may grant in our discretion. If you cancel, you retain access through the end of the then-current paid period.

4.4 Price changes

We may change subscription pricing. We will provide at least 30 days' advance notice of any price increase by email and through your dashboard. Continued use of the Service after the effective date of a price increase constitutes acceptance. If you do not accept the price increase, you must cancel before the effective date.

4.5 Failed payments

If a payment fails, Stripe will automatically retry the charge under its standard retry policy. If payment is not received within the retry window (at least 14 days from the original failed charge), your subscription may be cancelled. We will send email notifications during the retry period and provide an opportunity to update your payment method before cancellation.

4.6 Taxes

Subscription fees are exclusive of all applicable taxes. You are responsible for all sales, use, value-added, goods and services, and similar taxes (excluding taxes based on our net income), and you authorize us to charge such taxes through Stripe where applicable.

5. Acceptable Use Policy

Your use of the Service is governed by this Section 5. Violations may result in suspension or termination as described in Section 5.5.

5.1 General prohibitions

You agree not to use the Service to:

  • send spam, phishing, malware, or fraudulent communications;
  • engage in any activity that is illegal or that violates the rights of others;
  • reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service, except to the extent permitted by applicable law;
  • use automated scripts, scrapers, or bots to access the Service in a manner that exceeds reasonable use, evades rate limits, or burdens our infrastructure;
  • impersonate any person or entity, or misrepresent your affiliation;
  • interfere with or disrupt the integrity or performance of the Service;
  • use the Service to compete with Automatoir, build a competing product, or train an AI model;
  • introduce viruses, worms, or other malicious code into the Service.

5.2 Sender Compliance — affirmative representations

The Service sends commercial email on your behalf. Because email-sending laws vary by jurisdiction and recipient, and because non-compliant outreach can result in legal exposure (including under CAN-SPAM, TCPA, CASL, and applicable U.S. state laws) and damage to our sending infrastructure and the deliverability of all our customers, you make the following representations and warranties on a continuing basis whenever you send email through the Service:

  • (a) Sender authority.You control or are authorized to use the sending domain and "from" address.
  • (b) Truthful headers.The "from," "to," " reply-to," subject line, and routing information are accurate and not deceptive or misleading.
  • (c) Lawful basis to contact. You have a lawful basis under applicable law to contact each recipient. You have not used contact lists obtained from sources whose terms prohibit such use, and you have not scraped contact information from sources that prohibit scraping.
  • (d) Working unsubscribe. Each commercial message includes a working unsubscribe mechanism and your valid physical postal address. You honor unsubscribe requests within 10 business days for U.S. recipients and immediately upon receipt for Canadian recipients (under CASL).
  • (e) No automated calls or texts.You will not use the Service to make calls, send SMS, or send any communications subject to the Telephone Consumer Protection Act ("TCPA") without express prior written consent of the recipient.
  • (f) Enriched and externally sourced data.You will use email-enriched contacts and any other externally sourced contact data (including AI-generated prospect suggestions returned by the Service) only consistent with the source's terms of service and applicable law.
  • (g) No prohibited content.You will not send communications promoting illegal goods or services, fraud, deception, or any subject matter prohibited by Anthropic's usage policies (which, as the underlying AI provider, govern the content we may process).

You authorize us to inject our own unsubscribe footer or postal address into outbound communications if necessary for compliance or for our sending infrastructure's deliverability.

5.3 Geographic restrictions on outreach

You will not use the Service to contact individuals located in the European Economic Area, the United Kingdom, or Switzerland. The Service is not configured for compliance with the GDPR, the UK GDPR, or the ePrivacy Directive, and contact with individuals located in those jurisdictions through the Service is prohibited. You will not configure your sequences, prospect lists, or research targets to include individuals located in these jurisdictions, and you will remove any such records from your account if you become aware that they have been included.

5.4 Tier limits and rate limits

Outbound email volume, prospect counts, knowledge base storage, and API usage are subject to the limits of your subscription tier as described at automatoir.com/catalog and as we may adjust from time to time for compliance, deliverability, or operational reasons. Exceeding tier limits may result in throttling, additional charges, or suspension.

5.5 Suspension

We may suspend your access to the Service or to specific features (including outbound email), with or without prior notice, if:

  • we receive credible reports of spam, phishing, fraud, or unauthorized contact originating from your account;
  • your sending behavior triggers third-party blocklisting, abnormal complaint volume, or abnormal bounce rates;
  • we are notified of a TCPA, CAN-SPAM, CASL, GDPR, or other regulatory or legal claim concerning your activities;
  • you breach Section 5.2 (Sender Compliance) or Section 5.3 (Geographic Restrictions);
  • you fail to pay fees when due, after the grace period in Section 4.5;
  • we are required to do so by law, court order, or by a third-party service provider on which the Service depends.

Where practicable, we will provide a post-suspension cure window and reasonable opportunity to resolve the issue. Suspension does not relieve you of payment obligations for periods of suspension caused by your breach.

6. Third-Party Integrations

The Service integrates with third-party platforms, including Gmail and Microsoft Outlook (via Nylas), HubSpot, Salesforce, Enrich.so, and Stripe. Your use of those integrations is also governed by the terms and conditions of each respective third party, and your relationship with each is solely between you and that third party.

We are not responsible for the availability, accuracy, reliability, or security of any third-party service. We are not liable for any loss or damage arising from third-party service outages, API changes, or modifications to their terms. The loss of a third-party integration is not a refund event.

7. AI-Generated Content

The Service uses artificial intelligence to generate email classifications, draft replies, prospect qualification scores, research summaries, sequence drafts, and competitive intelligence reports. You acknowledge and agree:

  • Suggestions only.AI-generated content is provided as suggestions and may contain errors, inaccuracies, omissions, or fabricated statements ("hallucinations"). You are responsible for reviewing AI-generated content before relying on it or causing it to be sent or published.
  • Human in the loop. You retain control over outbound actions. When review mode is enabled — which is the default for new sequences — you approve the sequence template and individual steps before they are sent on your behalf. You may configure sequences to send automatically without per-step review by disabling review mode in the sequence settings. The Service does not make decisions with legal or similarly significant effects about any individual without action initiated by you.
  • Statements about third parties. AI-generated research summaries, competitive intelligence, and prospect dossiers may include statements about identifiable individuals or organizations. We do not warrant the accuracy of any such statement. You are responsible for verifying any factual claim before relying on or republishing it, and you accept full responsibility for the consequences of any communication you send through or based on the Service.
  • No professional advice. AI-generated content does not constitute legal, financial, medical, tax, or other professional advice.
  • Your responsibility for content sent. You retain full responsibility for all content sent from your account, whether AI-generated or manually composed, including under Section 5.

8. User Content and Data Ownership

8.1 Ownership

You retain ownership of all data and content you provide to or generate through the Service, including emails, documents, prospect data, knowledge base uploads, and any other content (collectively, "User Content"). User Content includes personal data of third parties (including email correspondents and prospects) that you provide or that we ingest on your instruction.

8.2 License to Automatoir

You grant Automatoir a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and otherwise use User Content solely for the purpose of providing, maintaining, securing, and operating the Service for you. This license terminates when User Content is deleted from the Service in accordance with our Privacy Policy.

We do not use User Content to train artificial intelligence or machine-learning models. We may compile aggregated, de-identified, statistical data about platform usage that does not identify you, your organization, or any individual.

8.3 Your representations regarding User Content

You represent and warrant that:

  • you have the lawful right and authority to provide your User Content to the Service and to instruct us to process it as described in these Terms;
  • the provision of User Content to the Service does not violate any applicable law or third-party right (including privacy, publicity, intellectual property, or contract rights);
  • you have provided notice and obtained any consent required by applicable law for the data subjects whose personal data is contained in your User Content; and
  • our processing of User Content on your instructions, as described in these Terms and the Privacy Policy, will not by itself violate any law applicable to you.

8.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant Automatoir a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, without obligation to you.

9. Data Processing

For personal data we process on your behalf as a service provider or processor (in particular, email content, prospect data, and CRM data), we will process such data only on your documented instructions, will assist you with data subject requests as commercially reasonable, and will implement the security measures described in our Privacy Policy.

A standalone Data Processing Agreement is available on request to qualifying customers. To request a DPA, email hello@automatoir.comwith the subject line "DPA Request." We will offer the DPA in a form we may update from time to time.

10. Intellectual Property

The Service, including all software, design, code, features, documentation, trademarks, service marks, logos, and trade dress, is owned by Automatoir or its licensors and is protected by intellectual property and other laws. Subject to your compliance with these Terms and timely payment of fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription period, solely for your internal business purposes. All rights not expressly granted are reserved. Nothing in these Terms grants you any right to use Automatoir's trademarks, logos, or branding without our prior written consent.

11. Confidentiality

Each party may disclose to the other certain non-public information ("Confidential Information") in connection with the Service. The receiving party will: (a) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of like kind, and in any event no less than a reasonable standard of care; (b) use Confidential Information only to perform under or exercise rights under these Terms; and (c) not disclose Confidential Information to any third party except to its employees, contractors, or advisors with a need to know who are bound by confidentiality obligations no less protective than these.

The obligations of this Section do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was rightfully known to the receiving party before disclosure; (iii) is independently developed without use of Confidential Information; or (iv) is required to be disclosed by law or by valid court order, provided the receiving party gives prompt notice (where lawful) and reasonable cooperation in seeking confidential treatment.

These confidentiality obligations survive termination for three (3) years, except for trade secrets, which remain protected for as long as they qualify as trade secrets under applicable law.

12. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
  • AI-GENERATED CONTENT, INCLUDING STATEMENTS ABOUT IDENTIFIABLE THIRD PARTIES, WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PURPOSE;
  • THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS;
  • DEFECTS WILL BE CORRECTED ON ANY SCHEDULE; OR
  • ANY THIRD-PARTY INTEGRATION WILL BE AVAILABLE OR FUNCTIONAL.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

13.1 Cap on direct damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTOMATOIR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AUTOMATOIR IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.2 Super-cap for specified claims

NOTWITHSTANDING SECTION 13.1, FOR CLAIMS ARISING FROM OR RELATING TO (a) AUTOMATOIR'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 11, (b) AUTOMATOIR'S BREACH OF ITS DATA SECURITY OBLIGATIONS UNDER OUR PRIVACY POLICY, OR (c) AUTOMATOIR'S INDEMNIFICATION OBLIGATIONS (IF ANY), OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AUTOMATOIR IN THE 24 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 Excluded damages

IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.4 Carve-outs

THE LIMITATIONS IN SECTIONS 13.1, 13.2, AND 13.3 DO NOT APPLY TO: (a) YOUR PAYMENT OBLIGATIONS; (b) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14; (c) EITHER PARTY'S WILLFUL MISCONDUCT, FRAUD, OR GROSS NEGLIGENCE; OR (d) YOUR VIOLATION OF SECTION 5 (ACCEPTABLE USE) OR SECTION 10 (INTELLECTUAL PROPERTY).

13.5 Essential basis

YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION 13 ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE PRICING OF THE SERVICE REFLECTS THESE LIMITATIONS.

13.6 Statutory floor

NOTHING IN THESE TERMS LIMITS LIABILITY THAT MAY NOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW (INCLUDING, AS APPLICABLE, CALIFORNIA CIVIL CODE § 1668).

14. Indemnification

14.1 By you

You will defend, indemnify, and hold harmless Automatoir and its members, managers, officers, employees, agents, and affiliates from and against any and all third-party claims, demands, suits, proceedings, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) ("Claims") arising out of or related to:

  • (a) your use of the Service;
  • (b) your violation of these Terms, including Section 5 (Acceptable Use), Section 8.3 (your representations regarding User Content), or Section 10 (Intellectual Property);
  • (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right;
  • (d) the content of emails or communications sent through the Service using your account, including any Claim alleging violation of CAN-SPAM, TCPA, CASL, GDPR, the UK GDPR, the ePrivacy Directive, or any U.S. state privacy or marketing law;
  • (e) any tax obligation that should have been borne by you under Section 4.6.

14.2 Procedure

We will (i) promptly notify you of any Claim for which we seek indemnification (provided that failure to give prompt notice does not relieve you of indemnification obligations except to the extent you are materially prejudiced); (ii) give you sole control of the defense and settlement of the Claim, except that you may not settle any Claim without our prior written consent if the settlement requires us to admit wrongdoing, pay any amount, or take or refrain from any action; and (iii) provide reasonable cooperation at your expense.

14.3 No indemnification by Automatoir

These Terms do not provide any indemnification by Automatoir to you. We may agree to provide indemnification under a separate written agreement.

15. Term and Termination

15.1 Term

These Terms commence when you first accept them and continue until terminated.

15.2 Termination by you

You may terminate these Terms at any time by canceling your subscription as described in Section 4.2 and requesting account deletion by emailing hello@automatoir.com.

15.3 Termination by us

We may suspend or terminate your account and these Terms:

  • For material breach: immediately upon notice if you materially breach these Terms (including Section 5 or Section 10) and fail to cure within 14 days of written notice (or, for breaches that cannot reasonably be cured, immediately).
  • For non-payment: as described in Section 4.5.
  • For legal or operational reasons: immediately if (i) we reasonably believe continuing to provide the Service exposes us to legal liability or risk of harm to others; (ii) a material change in law makes provision of the Service infeasible; or (iii) a third-party service provider on which the Service depends becomes unavailable to us.
  • For convenience:with 60 days' prior notice. If we terminate for convenience, we will refund any pre-paid fees attributable to periods after the effective date of termination.

15.4 Effect of termination

Upon termination, your right to access and use the Service ceases immediately. You will have 30 days after termination to request export of your User Content by emailing hello@automatoir.com. After this 30-day window, we will delete User Content from production systems within 30 additional days, with database backups purged on rolling daily-backup schedules within an additional 8 days, except as we are required to retain by law (in which case the retained data remains subject to the protections of these Terms and our Privacy Policy).

15.5 Survival

The following Sections survive termination: 4.3 (Refunds), 4.6 (Taxes), 7 (AI-Generated Content), 8.3 (Your representations), 8.4 (Feedback), 10 (Intellectual Property), 11 (Confidentiality, for the period stated in Section 11), 12 (Warranties and Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 15.4 (Effect of Termination), 15.5 (Survival), 16 (Governing Law and Dispute Resolution), 17 (Changes), and 18 (Miscellaneous).

16. Governing Law and Dispute Resolution

PLEASE READ. This Section 16 requires you to resolve disputes with us individually through binding arbitration, and waives your right to participate in class actions, class arbitrations, and representative actions. Section 16.4 explains how to opt out of arbitration within 30 days of accepting these Terms.

16.1 Governing law

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Informal resolution

Before initiating arbitration, the party raising a dispute will send the other a written notice of dispute, including a brief description, the relief sought, and contact information. The parties will attempt to resolve the dispute informally for 30 days after the notice. If the dispute is not resolved within 30 days, either party may initiate arbitration.

16.3 Binding arbitration

You and Automatoir agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration agreement.

  • Arbitrator. The arbitration will be conducted by a single arbitrator.
  • Venue. The arbitration will be seated in Wilmington, Delaware. The arbitrator may permit appearance by telephone or video, and the parties may agree to written submissions only.
  • Fees.Each party bears its own attorneys' fees and costs, except as otherwise required by AAA Rules or applicable law (which, for consumer disputes, often shifts most fees to the company).
  • Award.The arbitrator's award is final and binding and may be entered in any court of competent jurisdiction.
  • Arbitrator's authority. The arbitrator has the exclusive authority to resolve any Dispute, including the scope, applicability, and enforceability of this arbitration provision, except that disputes about the scope or enforceability of the class-action waiver in Section 16.5 will be decided by a court.

16.4 30-day opt-out

You may opt out of this arbitration provision by sending written notice to hello@automatoir.com with the subject line "Arbitration Opt-Out" within 30 days of the date you first accepted these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms. If you opt out, the dispute resolution provisions in Section 16.7 (Court proceedings) apply instead.

16.5 Class action waiver

YOU AND AUTOMATOIR AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate Disputes of more than one person. If a court finds the class-action waiver unenforceable as to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) may proceed in court, but the rest of this Section 16 (including the arbitration agreement for all other claims) remains in effect.

16.6 Carve-outs

Notwithstanding the arbitration agreement:

  • (a) Small claims.Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.
  • (b) Injunctive relief for IP and confidentiality. Either party may seek injunctive or other equitable relief in court to prevent infringement, misappropriation, or violation of intellectual property rights, breach of Section 11 (Confidentiality), or violation of Section 5 (Acceptable Use).
  • (c) Public injunctive relief. To the extent that California law applies and entitles a party to seek public injunctive relief, the party retains the right to seek such relief in a court of competent jurisdiction.

16.7 Court proceedings (if arbitration does not apply)

For any Dispute not subject to arbitration, you and Automatoir agree to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware, and waive any objection to venue in those courts. The parties waive any right to a jury trial to the maximum extent permitted by law.

16.8 Mass arbitration

If 25 or more similar Disputes are filed against Automatoir by or with the assistance of the same law firm or coordinated counsel within a 60-day period, the parties will follow AAA's Mass Arbitration Supplementary Rules (or any comparable then-current AAA procedure for coordinated filings), and the arbitrator may stage cases as bellwethers and consolidate filing fees consistent with those rules.

17. Changes to These Terms

We may modify these Terms from time to time.

  • Non-material changes.We will post the updated Terms on this page with a revised "Last Updated" date. Your continued use of the Service after the effective date constitutes acceptance.
  • Material changes. For material changes — including changes to fees, dispute resolution, the limitation of liability, or your data rights — we will provide at least 30 days' advance notice by email and will require your affirmative re-acceptance before continued use of the Service. If you do not affirmatively re-accept, your subscription will terminate at the end of your then-current billing period and any unused pre-paid fees will be refunded on a pro-rated basis.

18. Miscellaneous

  • Notices. Notices to Automatoir must be sent to hello@automatoir.com and to the mailing address in Section 19. Notices to you will be given by email to the address associated with your account or by posting in your dashboard, and are effective upon transmission.
  • Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Any attempted assignment in violation of this Section is void. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets, on notice to you.
  • Entire agreement. These Terms, together with our Privacy Policy and any DPA we may execute with you, constitute the entire agreement between you and Automatoir regarding the Service and supersede all prior agreements and understandings.
  • No waiver. Our failure to enforce any provision is not a waiver of that provision or our right to enforce it later. Any waiver must be in writing.
  • Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.
  • Force majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including natural disasters, acts of government, pandemics, war, terrorism, civil unrest, internet or power outages, denial-of-service attacks, or third-party service failures (provided that this Section does not excuse payment obligations).
  • Export compliance. You will not use or export the Service in violation of U.S. export control or sanctions laws.
  • U.S. government end users.The Service is "commercial computer software" and is licensed to U.S. government end users only as commercial computer software with the same rights as all other end users.
  • Headings. Section headings are for convenience only and do not affect interpretation.

19. Contact

If you have any questions about these Terms:

Email: hello@automatoir.com
Mailing address: Provided on request to hello@automatoir.com.