Terms and Conditions

1. Commercial Use Only

The Platform is intended exclusively for use in a commercial, professional, or business capacity. It is not designed for personal, household, or consumer use. By using the Platform, you represent and warrant that you are acting on behalf of a business or in a commercial role and not as an individual consumer.

To the maximum extent permitted by applicable law, consumer protection statutes that apply to personal or household transactions do not apply to your use of the Platform. Nothing in these Terms is intended to create or imply consumer rights where such rights would not otherwise exist.

2. Authority to Enter Into This Agreement

You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into this agreement. If you access or use the Platform on behalf of a corporation, limited liability company, partnership, sole proprietorship, or other legal entity, you further represent and warrant that you have full authority to bind that entity to these Terms.

The business entity on whose behalf you use the Platform is responsible for all activity conducted through its account, including actions taken by employees, contractors, agents, or other authorized users. Any use of the Platform without proper authority constitutes a material breach of these Terms.

3. Territorial Scope and Applicability

The Platform is offered for use within the United States. These Terms are intended to be enforceable in all fifty (50) states and shall be interpreted in a manner consistent with applicable federal law and, where relevant, applicable state law.

If any provision of these Terms is found to be unenforceable in a particular jurisdiction, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

4. Definitions and Interpretation

For purposes of these Terms, the following definitions apply:

• "Company" means Futureyx LLC, the legal owner and operator of the Platform.
• "Platform" means the AutoTimeX software platform, including all current and future features, tools, interfaces, dashboards, APIs, and integrations.
• "Services" refers collectively to all functionality made available through the Platform.
• "Account" means the business account created to access and use the Platform.
• "Customer Data" means all data, information, or content submitted, uploaded, transmitted, or processed through the Platform by or on behalf of a Customer.
• "Third-Party Services" means services, platforms, APIs, or tools not owned or controlled by the Company that may integrate with the Platform.

Words such as "including," "for example," or "such as" are illustrative and not limiting. Headings are provided for convenience only and do not affect interpretation.

5. Platform Role and Limitation of Responsibility

The Platform is a technology tool designed to enable businesses to manage workflows, communications, scheduling, marketing activities, analytics, and integrations. The Company does not operate your business, does not make decisions on your behalf, and does not act as your agent, partner, fiduciary, marketing provider, or service contractor.

All decisions regarding how the Platform is configured, how features are used, how communications are sent, how customer data is managed, and how business operations are conducted remain solely with you. The Company does not guarantee business outcomes, marketing results, revenue, customer satisfaction, regulatory compliance, or operational performance.

6. No Professional Advice

The Platform does not provide legal, financial, tax, accounting, advertising, or regulatory advice. Any information, analytics, automation, AI-assisted output, or system-generated suggestion made available through the Platform is provided for general informational and operational purposes only.

You are solely responsible for evaluating whether your use of the Platform complies with applicable laws, regulations, industry standards, and contractual obligations. You should consult qualified professionals where appropriate.

7. Independent Contractor Relationship

Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and the Company. The parties are independent contractors, and neither party has authority to bind the other except as expressly stated in these Terms.

8. Modifications to the Platform and Terms

The Company reserves the right to modify, update, suspend, or discontinue any part of the Platform at any time, including adding or removing features. The Company also reserves the right to update these Terms from time to time.

Updated Terms will become effective upon posting or other reasonable notice. Your continued use of the Platform after such updates constitutes acceptance of the revised Terms.

9. Account Creation and Management

Access to the Platform requires the creation of a business account. You agree to provide accurate, current, and complete information during registration and to keep such information updated. The Company relies on this information to provide the Platform and to communicate with authorized representatives of your business.

You are solely responsible for managing access to your Account, including determining which employees, contractors, or agents are authorized to use the Platform. All actions taken through your Account are deemed to have been taken by you and on behalf of your business, regardless of whether such actions were authorized internally.

The Company has no obligation to monitor or resolve internal disputes regarding account access or authority.

10. Account Security, Authentication, and Access Controls

You are responsible for maintaining the confidentiality and security of your login credentials, authentication methods, and connected devices. This includes implementing appropriate internal controls, promptly revoking access when personnel change, and protecting credentials from unauthorized use.

The Platform may support security features such as one-time passwords (OTP), multi-factor authentication (MFA), login alerts, or verification codes. These features may rely on third-party telecommunications or email providers. The Company does not guarantee uninterrupted or error-free delivery of authentication messages and shall not be responsible for unauthorized access resulting from delivery failures, user error, compromised devices, or third-party service issues.

Any access obtained through your credentials is deemed authorized unless you notify the Company promptly of suspected misuse.

11. Communication Features (Email, SMS, Notifications)

The Platform may enable you to send or automate communications, including emails, SMS messages, reminders, notifications, and similar messages, to customers or other contacts. The Company provides the technical tools only and does not originate communications on your behalf unless explicitly configured by you.

You are solely responsible for ensuring that all communications sent through the Platform comply with applicable laws and regulations, including but not limited to consent, opt-in and opt-out requirements, the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), state consumer protection laws, and carrier or provider policies.

The Company does not review, approve, or validate message content, recipients, or compliance and disclaims all liability arising from your communications, including fines, penalties, service restrictions, or third-party claims.

12. Marketing and Mass Communication Activities

The Platform may include features that allow you to conduct marketing or promotional campaigns using customer data you control, including data uploaded manually or imported from external sources. You represent and warrant that you have obtained all required permissions, consents, and legal authority to use such data for marketing purposes.

The Company does not provide contact lists, does not verify consent, and does not assume responsibility for the legality of your marketing activities. You acknowledge that misuse of marketing features may result in suspension or restriction of access to those features in order to protect the Platform, third-party service providers, and overall system integrity.

13. AI-Assisted and Automated Functionality

The Platform may offer AI-assisted or automated features, including AI-handled calls, automated workflows, scheduling tools, suggested responses, or system-generated insights. These features are provided as tools to assist your operations and do not replace human judgment.

You acknowledge that AI-generated outputs may be inaccurate, incomplete, contextually inappropriate, or based on probabilistic assumptions. You remain solely responsible for reviewing, approving, and acting upon any AI-assisted output before relying on it in customer interactions or business decisions.

The Company disclaims all liability for outcomes resulting from reliance on AI-assisted functionality.

14. Third-Party Advertising and Marketing Integrations

The Platform may allow you to connect third-party advertising or marketing services, including but not limited to Meta advertising accounts or Google advertising accounts, in order to view data or manage settings at your direction.

The Company does not act as an advertising agency, marketing consultant, or media buyer. The Company does not create, review, approve, optimize, or guarantee advertisements, campaign performance, leads, conversions, budgets, or return on investment.

Advertising data displayed through the Platform is sourced from third-party services and may be delayed, incomplete, inaccurate, or subject to change. The Company disclaims all responsibility for actions taken by third-party platforms, including account suspensions, restrictions, enforcement actions, or data limitations.

15. Third-Party Services and Dependencies

The Platform relies on and integrates with Third-Party Services, including cloud infrastructure providers, email and messaging providers, analytics services, advertising platforms, and other external systems. These services are not under the Company's control and are subject to their own terms, policies, and availability.

The Company is not responsible for interruptions, errors, data loss, API changes, service discontinuation, or enforcement actions taken by Third-Party Services. Your use of Third-Party Services is at your own risk and subject to applicable third-party terms.

16. Customer Data and Data Responsibility

You retain ownership of Customer Data submitted or processed through the Platform. The Company processes Customer Data solely to provide and improve the Platform and acts as a service provider or data processor where applicable.

You are solely responsible for the accuracy, legality, and integrity of Customer Data and for ensuring that its collection, use, and processing comply with applicable laws and contractual obligations. The Company does not monitor Customer Data for legality and disclaims liability for data misuse, unauthorized collection, or unlawful processing conducted by you.

17. Data Accuracy and Analytics Limitations

The Platform may generate analytics, dashboards, reports, and system insights based on Customer Data, usage data, and Third-Party Services. Such information is provided for informational purposes only and may be incomplete, delayed, or inaccurate.

The Company does not guarantee the accuracy or completeness of analytics or reports and shall not be responsible for decisions made in reliance on such information.

18. Right to Restrict or Suspend Features

The Company reserves the right, in its sole discretion, to restrict, suspend, or disable access to any feature of the Platform if it reasonably determines that use of such feature presents legal, technical, reputational, or compliance risk. This includes, without limitation, misuse of marketing, communications, AI, or integration features.

Such action may be taken without prior notice where necessary to prevent harm or protect the Platform and third-party relationships.

19. Subscriptions and Access to the Platform

Access to the Platform is provided on a subscription or usage-based basis unless otherwise agreed in writing by the Company. Subscription plans, pricing, features, usage limits, and billing cycles are determined by the plan selected at the time of purchase and may vary depending on the features enabled for your Account.

Your right to access and use the Platform is conditional upon timely payment of all applicable fees and continued compliance with these Terms. Failure to meet payment obligations may result in restricted access or suspension of the Platform or specific features.

20. Billing Authorization and Payment Terms

By subscribing to the Platform, you authorize the Company to charge the payment method on file for all applicable fees, including recurring subscription charges, usage-based charges, add-ons, overages, and applicable taxes. You agree to maintain accurate and up-to-date payment information at all times.

All fees are payable in U.S. dollars unless otherwise stated. Except where required by applicable law, all payments are non-refundable, including for partially used billing periods, unused features, or suspended accounts.

21. Automatic Renewal and Cancellation

Unless you cancel your subscription before the end of the applicable billing period, your subscription will automatically renew for an additional term of equal length. You are responsible for managing your subscription settings and initiating cancellation through the available account controls or by contacting the Company.

Cancellation prevents future charges but does not entitle you to a refund for the current billing period. Access to the Platform will continue until the end of the paid term unless access is suspended or terminated earlier in accordance with these Terms.

22. Taxes, Fees, and Billing Configuration

You are solely responsible for determining and paying any taxes, duties, or governmental assessments associated with your use of the Platform, including but not limited to sales, use, value-added, or similar taxes. The Company may collect taxes where required by law but does not provide tax or accounting advice.

Billing calculations, invoices, discounts, service charges, and tax amounts may be affected by how you configure your Account. The Company disclaims liability for errors arising from misconfiguration, jurisdiction-specific tax rules, rounding differences, or incorrect information provided by you.

23. Suspension of Access for Risk or Non-Compliance

The Company reserves the right, in its sole discretion, to suspend or restrict access to the Platform or any feature thereof if it reasonably determines that your use presents legal, regulatory, technical, security, reputational, or compliance risk.

Such risks may include, without limitation, non-payment, suspected fraud, excessive complaint or bounce rates, misuse of communication or marketing features, violation of applicable laws, or breach of these Terms. Suspension may be implemented immediately and without prior notice where necessary to prevent harm or protect third-party relationships.

Suspension does not relieve you of your obligation to pay outstanding fees.

24. Termination of the Agreement

The Company may terminate your access to the Platform at any time if you materially breach these Terms, fail to cure a violation where cure is provided, or engage in conduct that the Company reasonably believes could expose it to liability or harm.

You may terminate your subscription at any time by canceling in accordance with the applicable procedures. Upon termination, your right to access and use the Platform immediately ceases.

25. Effect of Termination and Data Access

Following termination, the Company may disable access to your Account and Customer Data after a reasonable period. You are responsible for exporting any Customer Data prior to termination or account closure.

Termination does not relieve either party of obligations incurred prior to termination. Provisions that by their nature should survive termination shall survive, including payment obligations, intellectual property provisions, disclaimers, limitation of liability, indemnification, and dispute resolution.

26. Intellectual Property Ownership

All rights, title, and interest in and to the Platform, including all software, source code, object code, designs, workflows, interfaces, documentation, and system architecture, are and shall remain the exclusive property of the Company or its licensors.

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes. No rights are granted to you other than those expressly stated in these Terms.

You may not copy, modify, distribute, sell, sublicense, reverse engineer, or create derivative works based on the Platform, except as expressly permitted by law.

27. Feedback and Suggestions

If you provide feedback, suggestions, or ideas regarding the Platform, you grant the Company a non-exclusive, perpetual, irrevocable, royalty-free right to use, modify, and incorporate such feedback without obligation or compensation to you.

28. Prohibited Conduct

You agree not to use the Platform in any manner that violates applicable laws, infringes the rights of others, or interferes with the operation or integrity of the Platform. Prohibited conduct includes attempting to bypass security controls, misuse APIs, scrape data, abuse system resources, or use the Platform for fraudulent or deceptive purposes.

The Company reserves the right to investigate suspected violations and take appropriate enforcement action.

29. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

30. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUTUREYX LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR ADVERTISING LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR USE OF THE PLATFORM DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

31. Indemnification

You agree to indemnify, defend, and hold harmless Futureyx LLC and its members, managers, officers, employees, contractors, and affiliates from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• Your use or misuse of the Platform
• Your communications, marketing activities, or advertising content
• Your handling of customer or third-party data
• Your violation of applicable laws or regulations
• Your breach of these Terms or any incorporated policy

This indemnification obligation survives termination of these Terms.

32. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration conducted on an individual basis and governed by the Federal Arbitration Act.

Arbitration shall be conducted in the United States before a single arbitrator. YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use of the Platform, misuse of intellectual property, fraud, or security threats. Such action shall not waive the obligation to arbitrate other disputes.

33. Governing Law

These Terms and any dispute arising out of or relating to the Platform shall be governed by and construed in accordance with the laws of the United States and, to the extent not preempted by federal law, the laws of the State of California, without regard to conflict-of-law principles.

34. Enterprise and Custom Agreements

If you have entered into a separate written agreement with the Company, including an enterprise agreement or custom services agreement, the terms of that agreement shall control to the extent of any conflict with these Terms.

35. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

36. Entire Agreement

These Terms, together with any policies incorporated by reference (including the Privacy Policy, Data Deletion Policy, and Acceptable Use Policy), constitute the entire agreement between you and Futureyx LLC regarding the Platform and supersede all prior or contemporaneous agreements, representations, or understandings.

37. Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

38. Contact Information

All legal notices, questions, or communications regarding these Terms or the Platform must be directed to:

Email: admin@autotimex.com