Terms and Conditions

Last updated: November 27, 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate Term “affiliate” is defined as the person that is promoting the Automator AI platform. “Commission” refers to the percentage the affiliate earns by promoting the software. “Tracking” is defined as the information received from cookies or other data tracing that allows us to see how many people were sent or referred by you. “Referral link” means your personalized link that is shared when you promote Automator AI platform and allows us to track your referrals and sales. 

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: Arizona, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BotBuilders LLC, 8936 N Central Ave Phoenix, AZ 85020.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Website.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Automator, accessible from www.automator.ai or app.automator.ai

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Pricing and Plans

You can find a description of our monthly plan options ("Plans") on our website www.automator.ai. On our website, you'll find descriptions of the Plans available to you when you register for an account, along with details on when your payment for your selected Plan will be due.

We may offer Plans that allow you to start using Automator.ai with a free trial, which means that we will not process payment for your monthly fees during your trial period. However, a credit card must be on file to open an account, and you will be charged for any usage charges like purchasing a phone number or sending emails or texts. Limited credits provided during trial. Full free monthly credits will not start until your free trial ends. Monthly credits do not roll over to future months. 

We may also offer special promotional plans or discounts for Automator.ai. We reserve the right to modify, terminate, or otherwise amend our offered Plans and promotional or discounted offerings at any time in accordance with these Terms.

We may change the price for the Plans, including recurring membership fees, from time to time and will communicate any price changes to you in advance. Changes in Plan prices will take effect at the start of the next billing period following the date of the price change.

During your trial period you will be charged for any “usage” functions, like emails, texts, phone numbers, premium data services, phone calls etc. The first time you use any of these services your card will be charged for the amount on your Settings->Company Billing->Credits section. Minimum charge is $5, and then credits will be recharged as your balance hits 0. Charges will appear on your credit card from BotBuilders. If you don’t use any of these services, you will not be charged during your trial.   

You understand and acknowledge that any free trial will expire after the number of days or on the date stated when you signed up for an account, and after the expiration of this free trial, your membership will continue. At that time, you will automatically be charged the monthly or annual price to which you agreed, and that payment of that amount will renew automatically each month or year until you cancel. 

Subscription cancellations

You have the option to cancel your plan at any time. If you choose to cancel your plan, the cancellation will take effect at the end of the current billing cycle. Upon cancellation, any licenses granted to you to use our services under this Agreement will immediately terminate.

Before canceling your plan, we recommend downloading your contact data from our platform to ensure you retain access to your important information.

You must cancel your plan a minimum of 24 hours prior to your scheduled payment. Once a payment is made and free credits are issued, the payment becomes non-refundable, as we can’t take back free credits. You can cancel your plan inside Automator.ai or by contacting us at [email protected].

You also acknowledge that you will lose access to any and all data inside the platform, including all funnels, educational materials, and any support functions. If you restart your account, we cannot guarantee that your content will still be available, and we have no obligation to keep your content for any period of time. We will not be held responsible for the loss of any of your content upon cancellation or termination of your plan. Nor shall we be liable for your inability to access your old content arising from any cancellation, including any claims of interference or contractual relations. 

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

If you exceed your monthly credits, you will be billed at the following standard rates: 

MAKING CALLS: $0.035/min 

RECEIVING CALLS: $0.0213/min

TEXT MESSAGES: $0.0198/segment (1 segment is equal to a SMS of 160 characters. Sending a text of 161 characters counts as 2 segments. Copied text or emojis can contain hidden characters and lead to higher segment counts in your texts). Rates may differ per region. Calculations shown here are for the US. 

EMAILS: $0.001013 per email ($10 will give you about 9870 emails)

Premium Trigger Actions: $0.015 per workflow premium action. ($10 will give you about 665 actions) 

Content AI: $0.135 per 1000 Words ($10 will give you about 74,075 Words) 

Other: You may find other random charges, like a monthly charge to use a phone number, or fees associated with A2P registration and maintenance. All charges will be explained on the site before you purchase them. 

Note: The pricing details mentioned above are subject to change. 

When your free credits are gone, you will be charged for the amount you preset in your Settings->Company Billing->Credits section. Minimum charge is $5, and credits will be recharged each time your balance hits 0. Charges will appear on your credit card from BotBuilders.

If you have any questions or concerns regarding our pricing, Plans, or terms, please contact us at [email protected].

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

We value your satisfaction with our services. However, due to the extensive time, effort, preparation, and care involved in creating and providing our services, we have a no refund policy. Unless otherwise required by law, we do not offer refunds for any portion of your payment, and no refunds will be provided at any time. Payments will not be prorated. By using and/or purchasing our services, you understand and agree that all sales are final, and no refunds will be given.

As our Terms clearly state the refund policy that you agreed to before completing the purchase, we do not tolerate or accept any chargeback threats or actual chargebacks from your credit card company or payment processor. If a chargeback is initiated on a purchase or a chargeback threat is received during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or any other relevant entity for inclusion in any chargeback database or as a delinquent account, which may negatively impact your credit score. The reported information may include your name, email address, order date, order amount, and billing address. Chargeback abusers seeking removal from the database must make payment for the chargeback amount.

If you have any questions or concerns regarding payments, cancellations, or refunds, please contact our support team at [email protected].

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Affiliates

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Term “affiliate” is defined as the person that is promoting Automator AI platform. “Commission” refers to the percentage the affiliate earns by promoting the software. “Tracking” is defined as the information received from cookies or other data tracing that allows us to see how many people were sent or referred by you. “Referral link” means your personalized link that is shared when you promote Automator AI platform and allows us to track your referrals and sales. 

Eligibility:

The criteria for affiliate eligibility is you must be above the legal age of 18 years of age, comply with the legal promotional items defined by your country and audience such as GDPR and adhere to guidelines for proper email marketing practices.

Enrollment and Approval:

Enrollment is approved by applying at our signup page url here https://automator.ai/sign-up. Once approved, you will be added to our affiliate marketing center and provided your tracking link. 

Commissions:

Commissions are paid when your users purchase Automator AI and after a trial period has passed. We offer a 14 day free trial and commissions are noy eligible until the user(s) are out of the trial period and become a paid customer. Commissions are paid on a percentage of 40% flat rate as long as the user's account status is paid and in good standing. If users you refer do not pay their Automator AI monthly or yearly payment (depending on which package they signed up for), you will not receive commission payment on money that was not collected. This also applies if a user submits a chargeback, defaults or has a failed payment, commission will not be paid. 

Payment Terms:

Payment terms are every 30 days after the trial period ends. Payments will be made monthly, there is no minimum payment threshold. 

Tracking and Analytics:

Tracking happens by the affiliate sharing their unique tracking link to their network to purchase and sign up for Automator AI. Tracking will work for a 90 day period on any link sent. If your users do not checkout using your unique tracking link, there is no way for our system to track the sale and attribute it to you. Please keep track of your referrals and ensure they checkout within 90 days using your unique link for best results. You can access your performance data  by logging into the affiliate portal, instructions on how to access will be in your email. 

Termination:

You may cancel your affiliate account at any time by emailing [email protected]. We may terminate your account for any lawful reason including but not limited to violations of terms, fraudulent activity, using the term automator or similar word in URL (pretending to be us), promoting in an inappropriate manner etc. 

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

- Unlawful or promoting unlawful activity.

- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

- Impersonating any person or entity including the Company and its employees or representatives.

- Violating the privacy of any third person.

- False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

- Your address, telephone number, and email address.

- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of Arizona, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Any legal proceedings to be held in Arizona. 

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]