Terms & Conditions

1. Eligibility & Accounts

You must be at least 18 and able to form a binding contract. You're responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.

2. Programs, Subscriptions & Billing

Some Services are offered via paid plans or subscriptions. Pricing, term, renewal, and included features are shown at checkout or in your order form. Unless otherwise stated, subscriptions auto-renew for the same term at then-current prices until canceled per posted instructions.

Affiliates/Partners (e.g., Truka). Certain purchases (coaching, training, bundles) may be billed by an affiliated/partner entity. Where this applies, the partner's payment terms govern billing, while your use of OfferTermz software remains subject to these Terms.

Trials/Promos. We may offer trials/promotions and may modify or discontinue them at any time. If you don't cancel before a trial ends, you authorize charges for the next term.

Taxes. Prices are exclusive of taxes; you're responsible for applicable taxes, duties, and withholdings.

Refunds. Unless we explicitly state otherwise in writing, fees are non-refundable.

3. Acceptable Use

You agree not to:

• Violate laws or others' rights;
• Probe, scan, or bypass security; introduce malware or harmful code;
• Send spam or unlawful/unauthorized messages/content;
• Infringe intellectual property;
• Use the Services to process highly sensitive or regulated data without prior written consent;
• Interfere with or degrade Service performance.

We may suspend or terminate access for violations.

4. Messaging (Email/SMS/Phone) & TCPA/CTIA

If you provide contact information and affirmatively opt in, you consent to receive communications from us (including automated or prerecorded). Message & data rates may apply; frequency varies. Reply HELP for help and STOP to cancel at any time. Consent is not a condition of purchase.

If you send messages to your own contacts via the Services, you must obtain valid consent and comply with all applicable laws and carrier rules (including TCPA, CAN-SPAM, CTIA).

5. Privacy

Your use of the Services is subject to our Privacy Policy. By using the Services, you consent to our data practices.

6. User Content & License

You retain ownership of content you submit (text, images, data, etc.). You grant OfferTermz a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and display your content to provide/improve the Services and comply with law. You represent you have necessary rights and your content doesn't violate laws or third-party rights.

7. Third-Party Services & Integrations

The Services may interoperate with third-party providers (e.g., communications, analytics, payments). We aren't responsible for third-party services, their availability, or their terms and policies.

8. Intellectual Property

The Services (software, designs, text, graphics, logos, icons, and other content) are owned by Automationz, LLC or its licensors and protected by IP laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. No other rights are granted.

9. Beta/Experimental Features

Beta or pre-release features are provided as-is, may change or be discontinued at any time, and may be less reliable than GA features. Your feedback may be used by us without restriction.

10. Availability, Maintenance & Changes

We strive for high availability but don't guarantee uninterrupted operation. We may modify or discontinue features or the Services (in whole or part) with or without notice and aren't liable for resulting loss.

11. Security

We implement reasonable security safeguards, but no method is 100% secure. You're responsible for your account security and for promptly reporting suspected incidents.

12. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this section carefully. It affects your legal rights.

(a) Informal Resolution First. Before filing any claim, email [email protected] with a brief description of the dispute and your contact info, and allow 30 days for informal resolution.

(b) Binding Arbitration. Except as in subsection (e), any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis under the Federal Arbitration Act (FAA) and administered by JAMS (or, if JAMS is unavailable, the AAA) under its Streamlined/Consumer Arbitration Rules. The arbitrator may award any relief available in court (including injunctive relief and attorneys' fees when allowed by law). Judgment may be entered in any court of competent jurisdiction.

(c) Venue & Procedure. The arbitration seat is Vanderburgh County, Indiana, unless you reside outside the U.S., in which case proceedings may be remote or on documents only, at the arbitrator's discretion. We will pay arbitration filing/administrative fees where required by applicable rules/law.

(d) Class-Action & Jury Waiver. Claims must be brought individually, not as a class or representative action. The arbitrator may not consolidate claims or preside over any class/representative proceeding. You and we waive any right to a jury trial.

(e) Small Claims & Injunctive Relief Carve-Out. Either party may bring an individual claim in small claims court in Vanderburgh County, Indiana (or your U.S. county of residence) instead of arbitration. Either party may seek temporary or preliminary injunctive relief in court to protect IP or prevent unauthorized access/misuse, pending arbitration.

(f) 30-Day Opt-Out. You may opt out of arbitration by emailing [email protected] within 30 days after the earlier of: (i) your first use of the Services, or (ii) when these Terms first took effect for you. Include your full name, contact info, and a statement opting out of arbitration. If you opt out, subsections (b)--(d) won't apply, and disputes will be resolved in the courts specified in subsection (g).

(g) Governing Law & Courts. These Terms are governed by Indiana law (conflict rules excluded), except that the FAA governs the arbitration agreement. For disputes not subject to arbitration or small claims court, the state and federal courts in Vanderburgh County, Indiana have exclusive jurisdiction.

(h) Severability. If any part of this Section 12 is unenforceable, the remainder remains in effect; however, if the class-action waiver in subsection (d) is unenforceable, then the entire arbitration provision is unenforceable and disputes will be heard in the courts specified in subsection (g).

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID (IF ANY) FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify and hold harmless Automationz, LLC and its affiliates, officers, employees, and agents from claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services or violation of these Terms.

16. Suspension & Termination

We may suspend or terminate access for violations of these Terms, suspected fraud, security risks, non-payment, or as required by law. Upon termination, your right to use the Services ceases immediately; provisions that by their nature should survive will survive (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution).

17. Force Majeure

We're not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, government actions, labor disputes, internet/telecom failures, or third-party outages.

18. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

19. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above reflects the latest version. Continued use after changes constitutes acceptance.

20. Entire Agreement; Waiver; Severability

These Terms, any order forms, and our Privacy Policy are the entire agreement and supersede prior agreements on the subject. Failure to enforce any provision isn't a waiver. If any provision is unenforceable, the remaining provisions remain in effect.

22. Relationship of the Parties

Nothing here creates a partnership, joint venture, agency, or employment relationship.

23. Headings

Headings are for convenience only and don't affect interpretation.

Attribution: "OfferTermz is a division of Automationz, LLC."