Terms of Service
These Terms of Service (“Terms”) govern access to and use of AutoAgent’s websites, software, artificial intelligence services, communication tools, document and electronic-signature services, website services, and related products and services (collectively, the “Service”).
By creating an account, subscribing to the Service, or using the Service on behalf of a business, you agree to these Terms and represent that you have authority to bind that business to them.
1. What These Terms Cover
These Terms apply to businesses that subscribe to AutoAgent and to employees, contractors, administrators, representatives, and other users authorized by those businesses to access the Service.
If you use AutoAgent on behalf of a company or other organization, references to “you” and “your” include that organization.
2. The AutoAgent Service
AutoAgent is an AI-powered business platform that may provide features for customer communications, telephone calls, SMS messaging, web chat, appointments, customer relationship management, websites, products, inventory, payments, documents, electronic signatures, analytics, automation, artificial intelligence, and other business operations.
Available functionality depends on your subscription, configuration, industry, integrations, and services enabled for your account.
AI Assistant
AutoAgent may use artificial intelligence to communicate with customers, answer questions, assist with appointments, create content, summarize conversations, recommend actions, automate workflows, and perform other tasks configured by your business.
The AI assistant relies substantially on information supplied or configured by you, including your prices, hours, services, products, policies, inventory, employees, business information, and instructions.
You are responsible for keeping this information accurate and current. If information provided to AutoAgent is inaccurate or incomplete, responses generated from that information may also be inaccurate or incomplete.
AI Can Make Mistakes
Artificial intelligence is probabilistic and may occasionally produce inaccurate, incomplete, unexpected, or inappropriate output.
You are responsible for appropriately supervising use of the Service and reviewing AI-generated information when human review is appropriate, particularly for pricing, contractual commitments, financial information, appointments, regulatory matters, or other significant decisions.
AutoAgent is a technology service and does not become your employee, agent, lawyer, accountant, financial adviser, healthcare provider, or other licensed professional merely because AI functionality communicates on your behalf.
3. Your Account
You are responsible for maintaining the confidentiality and security of your account credentials and for activities conducted through accounts that you authorize.
You agree to:
- Provide accurate account and business information;
- Keep account information reasonably current;
- Use reasonable safeguards to protect login credentials;
- Limit access to authorized users;
- Remove access when a user is no longer authorized; and
- Notify AutoAgent promptly if you become aware of unauthorized account access.
You must have the legal capacity and authority necessary to enter into these Terms and operate the business registered through the Service.
4. Acceptable Use
You may not use the Service to:
- Violate any applicable law or regulation;
- Commit or facilitate fraud, deception, harassment, abuse, or other unlawful conduct;
- Send unlawful spam or unsolicited communications;
- Send marketing communications without legally required consent;
- Record, monitor, or transcribe calls without providing notices or obtaining consent where required;
- Impersonate another person deceptively;
- Create or use a cloned or synthetic voice without appropriate authorization;
- Forge or misuse an electronic signature;
- Sign or submit a document on behalf of another person without authorization;
- Manipulate or falsify signing records or audit information;
- Use electronic-signature features for fraudulent or unlawful transactions;
- Attempt to gain unauthorized access to another user’s or business’s information;
- Interfere with or disrupt the security or operation of the Service;
- Introduce malicious software, code, or content;
- Use the Service to infringe intellectual property, privacy, publicity, or other rights;
- Publish unlawful, deceptive, defamatory, or infringing content through a website hosted by AutoAgent;
- Reverse engineer or improperly extract protected portions of the Service except where applicable law expressly permits it; or
- Resell or sublicense the Service without written authorization from AutoAgent.
AutoAgent may investigate suspected violations and may restrict or suspend access where reasonably necessary to protect AutoAgent, our customers, third parties, or the Service.
5. Calls, SMS and Electronic Communications
AutoAgent may provide telephone, SMS, web chat, AI voice, transcription, call-routing, recording, and related communication functionality.
Telephone and messaging functionality may be provided through Twilio or other telecommunications providers.
Recording and Transcription
Where enabled, telephone calls may be monitored, transcribed, analyzed, or recorded in order to provide AI-assisted communication and maintain business records.
Laws concerning call recording, monitoring, transcription, and artificial intelligence disclosures vary by jurisdiction.
You are responsible for providing legally required notices and obtaining legally required consent before using recording, transcription, monitoring, or similar functionality.
AutoAgent may provide functionality allowing notices or announcements to be presented to callers, but you remain responsible for configuring and using the Service in compliance with laws applicable to your business.
SMS and Marketing Communications
You are responsible for ensuring that SMS, email, telephone, and other electronic communications sent through AutoAgent comply with applicable consent, anti-spam, telecommunications, and marketing laws.
This may include requirements under laws and regulations such as the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, Canada’s Anti-Spam Legislation (CASL), and applicable state or provincial requirements.
You may not intentionally use AutoAgent to contact individuals who have withdrawn consent where applicable law requires communications to stop.
6. Electronic Signatures and Signed Documents
AutoAgent may provide functionality that allows businesses and other authorized users to prepare, send, receive, review, electronically sign, complete, and store agreements, forms, disclosures, acknowledgments, and other documents.
Electronic Consent and Intent to Sign
By applying an electronic signature through AutoAgent, a signer represents that the signer intends to sign or otherwise adopt the applicable document electronically.
Where applicable law requires consent to conduct a transaction electronically, the business using AutoAgent is responsible for ensuring that such consent, notices, disclosures, and related requirements are satisfied.
You must not use another person’s electronic signature or sign on another person’s behalf unless you have lawful authority to do so.
Business Responsibility
You are responsible for determining whether a particular agreement, transaction, disclosure, or document is legally eligible for electronic execution and whether any additional formalities apply.
You are responsible for:
- Ensuring that parties have authority to sign;
- Obtaining electronic-signature consent where required;
- Providing required disclosures and notices;
- Using appropriate identity-verification procedures where required;
- Determining whether witnesses, notarization, original documents, or other formalities are required;
- Maintaining legally required copies and records; and
- Complying with laws applicable to the underlying transaction.
Signing Records and Audit Trails
AutoAgent may create and maintain records associated with electronic-signature transactions, including document identifiers, versions, timestamps, signing events, status history, signer information, authentication information, IP address or device information where collected, and other audit information.
These records are intended to assist businesses in documenting the signing process but do not independently guarantee the validity or enforceability of a particular document or transaction.
AutoAgent Is Not a Party to Your Agreement
Unless AutoAgent is expressly identified as a contracting party in a separate written agreement, AutoAgent is not a party to an agreement solely because the agreement was created, sent, reviewed, signed, completed, stored, or managed through AutoAgent.
AutoAgent provides technology that facilitates electronic document workflows and signatures. We do not determine the legal effect, validity, enforceability, sufficiency, or suitability of a document for a particular transaction.
AutoAgent does not provide legal advice. Businesses should obtain qualified legal advice when determining whether electronic signatures are appropriate for a particular type of document or transaction.
Copies of Signed Documents
Businesses are responsible for ensuring that signers receive or can access copies of completed documents where required by applicable law or the nature of the transaction.
Users should download, export, or otherwise preserve important signed documents where long-term retention is required.
7. Websites Hosted or Created Through AutoAgent
AutoAgent may allow you to create, generate, manage, publish, and host business websites and website content.
You retain ownership of content that you provide to AutoAgent, subject to any rights belonging to third parties.
You grant AutoAgent a non-exclusive, worldwide license to host, reproduce, display, process, format, transmit, and otherwise use your content to the extent reasonably necessary to operate and provide the Service.
This license exists only for purposes related to providing, maintaining, securing, supporting, and improving the Service and ends when the applicable content is deleted from our active systems, subject to reasonable backup, legal, and retention requirements.
Your Responsibility for Website Content
You are responsible for content published through your business website.
If you provide, upload, import, copy, or instruct an AI system to use text, photographs, trademarks, videos, designs, documents, or other content, you represent that you have the rights or permissions necessary to use that content.
AutoAgent may disable or remove content or websites where reasonably necessary to address unlawful activity, infringement, security concerns, violations of these Terms, or material risk to the Service or third parties.
8. Payments From Your Customers
AutoAgent may allow businesses to accept or facilitate payments from their customers using third-party payment providers such as Stripe.
Payment processing services are provided by the applicable payment provider and may be subject to separate agreements between you and that provider.
AutoAgent does not act as your bank and does not intentionally take possession of funds payable to your business except where explicitly stated in connection with a particular service.
Unless otherwise expressly agreed, you are responsible for customer refunds, returns, disputes, chargebacks, taxes, and other obligations arising from transactions between you and your customers.
9. Subscription Fees and Billing
Paid AutoAgent subscriptions are generally billed in advance on a monthly, annual, or other billing cycle shown when you subscribe.
You agree to pay applicable subscription fees, usage charges, taxes, and other charges disclosed to you before they are incurred.
Unless otherwise stated, applicable taxes may be added to the advertised price.
By providing a payment method, you authorize AutoAgent and its payment processor to charge amounts due under your subscription.
Plans and Features
Subscription plans may provide different features, functionality, services, access levels, or usage allowances.
Current pricing, included functionality, and applicable charges are those presented during signup, in your account, in an order form, or in another written agreement with AutoAgent.
Price Changes
AutoAgent may change subscription prices from time to time.
Where required by applicable law or contractual commitments, we will provide reasonable advance notice of a material price change before the new price applies to your next applicable billing period.
10. Trials and Cancellation
Trials
If AutoAgent offers a free or promotional trial, the applicable duration, features, and billing terms will be presented when the trial begins.
If a trial automatically converts to a paid subscription, that fact and the applicable billing terms will be disclosed as part of the signup process.
Cancellation
Unless otherwise specified in your subscription or another written agreement, you may cancel a recurring subscription at any time, with cancellation taking effect at the end of the then-current paid billing period.
Except where required by applicable law or expressly provided under your plan, payments already made are generally non-refundable and partial billing periods are not prorated.
Data Following Cancellation
Following cancellation or account termination, access to account data, documents, and signed records may continue for a limited period or may become unavailable.
AutoAgent may retain information where reasonably necessary for backups, security, fraud prevention, accounting, tax, legal, dispute-resolution, regulatory, evidence, or other legitimate business purposes.
Customers should export information, completed documents, and signing records they reasonably need before their account access ends.
11. Suspension and Termination
AutoAgent may suspend, restrict, or terminate an account where reasonably necessary because:
- Fees remain unpaid;
- These Terms have been materially violated;
- The account is being used unlawfully;
- The account is being used for fraudulent or unauthorized electronic signatures;
- Activity creates a material security risk;
- Activity threatens the Service or other customers;
- A telecommunications, payment, hosting, or other provider requires action;
- We are required to do so by law; or
- Continued provision of the Service creates material legal or operational risk.
Where reasonably practicable and appropriate given the circumstances, we will provide notice and an opportunity to remedy a violation before terminating an account.
Serious, unlawful, fraudulent, abusive, or security-threatening activity may result in immediate suspension or termination.
12. Intellectual Property
AutoAgent and its licensors retain all rights, title, and interest in the Service, including software, technology, platform architecture, user interfaces, designs, documentation, trademarks, logos, and other intellectual property owned by AutoAgent or its licensors.
Your subscription provides you with a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your authorized subscription period, subject to these Terms.
Except for the limited rights expressly granted under these Terms, no ownership rights in AutoAgent’s intellectual property are transferred to you.
Feedback
If you voluntarily provide suggestions, ideas, recommendations, or other feedback concerning AutoAgent, you grant us permission to use that feedback without restriction or compensation, provided that doing so does not grant us ownership of your confidential business data.
13. Availability and Changes to the Service
We work to provide a reliable Service, but we do not guarantee that the Service will be available without interruption or error at all times.
Availability may be affected by maintenance, updates, internet connectivity, telecommunications providers, hosting providers, artificial-intelligence providers, payment services, integrations, security incidents, or circumstances outside AutoAgent’s reasonable control.
We may add, modify, replace, discontinue, or improve Service features as the platform evolves.
Where a change materially reduces core paid functionality, we may provide notice where reasonably appropriate or required by law.
14. Third-Party Services
AutoAgent integrates with or relies upon third-party products and services, which may include:
- Amazon Web Services;
- Stripe;
- Twilio;
- OpenAI;
- Anthropic;
- xAI;
- ElevenLabs;
- Google;
- Meta; and
- Other third-party providers selected or connected by you or AutoAgent.
Third-party services may be governed by their own terms, policies, availability, and technical requirements.
AutoAgent is not responsible for third-party products or services to the extent permitted by applicable law.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
AUTOAGENT DISCLAIMS WARRANTIES, REPRESENTATIONS, AND CONDITIONS NOT EXPRESSLY PROVIDED IN THESE TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT TO THE EXTENT SUCH DISCLAIMERS ARE PERMITTED BY LAW.
AUTOAGENT DOES NOT WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR COMPLETELY ACCURATE.
AUTOAGENT DOES NOT GUARANTEE THE ACCURACY OF ARTIFICIAL-INTELLIGENCE-GENERATED CONTENT OR OUTPUT.
AUTOAGENT ALSO DOES NOT GUARANTEE THAT A PARTICULAR DOCUMENT, ELECTRONIC SIGNATURE, ELECTRONIC TRANSACTION, OR SIGNING PROCESS WILL BE LEGALLY VALID OR ENFORCEABLE IN EVERY JURISDICTION OR FOR EVERY TYPE OF TRANSACTION.
Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTOAGENT AI, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA ARISING FROM OR RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTOAGENT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO AUTOAGENT FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply regardless of the legal theory of liability and even if AutoAgent has been advised that such damages are possible.
Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.
17. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless AutoAgent AI LLC, its affiliates, officers, directors, employees, and representatives from third-party claims, damages, liabilities, losses, costs, and reasonable legal expenses arising from or relating to:
- Your unlawful or unauthorized use of the Service;
- Your material violation of these Terms;
- Content or information you provide, publish, upload, or instruct AutoAgent to use;
- Your infringement or violation of another person’s rights;
- Your communications with your customers;
- Your failure to obtain legally required consent for communications, call recording, transcription, marketing, voice cloning, or electronic signatures;
- Your unauthorized signing or submission of documents;
- Your failure to satisfy legal requirements applicable to a document or electronic transaction; or
- Your products, services, transactions, representations, or dealings with your customers.
AutoAgent will provide reasonable notice of a claim subject to indemnification and reasonable cooperation in the defense of that claim.
18. Privacy and Data Protection
AutoAgent’s collection and processing of personal information, including information associated with electronic signatures and signed documents, is described in our Privacy Policy.
Where AutoAgent processes personal information on your behalf, you are responsible for ensuring that you have an appropriate legal basis to collect and provide that information to AutoAgent.
Additional data-processing terms may apply where required by applicable law or agreed between AutoAgent and a customer.
19. Confidentiality
Each party may receive non-public information belonging to the other party that reasonably should be understood to be confidential.
Each party agrees to use reasonable care to protect such confidential information and to use it only as necessary to perform or receive the Service or as otherwise authorized.
Confidential information does not include information that becomes public through no breach of obligation, was lawfully known without confidentiality restrictions, is independently developed without use of the other party’s confidential information, or is lawfully received from another source.
Disclosure may be made where required by law, subpoena, court order, or valid governmental request, subject to applicable legal restrictions.
20. Changes to These Terms
AutoAgent may update these Terms from time to time as the Service, our business, or applicable laws change.
When these Terms are updated, we will change the “Last updated” date above.
For material changes affecting existing paid customers, we may provide additional notice through the Service, by email, or through another reasonable communication method where appropriate or required by law.
Continued use of the Service after revised Terms become effective constitutes acceptance of those Terms to the extent permitted by applicable law.
21. Governing Law
To the extent permitted by applicable law, these Terms and disputes arising from them are governed by the laws of the State of California, without regard to conflict-of-law principles.
Any mandatory rights or protections provided to you under applicable local, state, provincial, federal, national, or international law remain unaffected where they cannot legally be waived by contract.
22. General Terms
Entire Agreement
These Terms, the Privacy Policy, applicable order forms, subscription terms, and any other agreements expressly incorporated into them constitute the agreement between you and AutoAgent concerning the Service.
Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
No Waiver
A failure by AutoAgent to enforce a provision of these Terms does not waive our right to enforce it later.
Assignment
You may not assign or transfer these Terms without AutoAgent’s prior written consent, except where applicable law provides otherwise.
AutoAgent may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or transfer of the applicable business or Service.
Force Majeure
AutoAgent will not be responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, internet or telecommunications failures, utility outages, governmental actions, labor disruptions, war, civil unrest, cyberattacks, or failures of third-party infrastructure or service providers.
23. Contact Us
Questions concerning these Terms may be directed to:
2030 Main St, Suite 1300
Irvine, CA 92614
United States
Email: support@autoagent365.com
Phone: (949) 202-4022