Terms of Use

Last Updated: 14 August 2024

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Cloudmate Technologies LLP (“We”, “Us”, “Our”). By accessing or using the Auto Campaigns AI Platform (hereafter referred to as the “Platform”), you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using or accessing the Platform and related Services.

  1. Introduction

Welcome to Auto Campaigns AI, a user-friendly, multi-channel chatbot Platform designed for Developers, Businesses, Individuals, and Agencies. Our Platform allows you to create, train, manage, and analyse chatbots efficiently. Please read these Terms carefully as they govern your use of our Website, Services, and Platform. Should you have any questions or concerns about these Terms or our Services, please contact us at hello@autocampaign.ai.

  1. Platform Access

2.1 Eligibility

  1. The Children’s Online Privacy Protection Act (COPPA) mandates that Online Service Providers obtain parental consent before collecting personally identifiable information from children under the age of 13.
  2. We do not knowingly collect or solicit personal information from children under 13. If you are under 13, please do not attempt to register for our Services or provide us with any personal information.
  3. If we become aware that we have collected personal information from a child under 13, we will delete such information promptly.
  4. If you believe that we might have collected personal information from a child under 13, please notify us at support@autocampaign.ai.

 

2.2 Registration and Account Security

  1. To use certain features of the Platform, you must register and create an Account, including a Username and Password.
  2. Your Account is for your personal use only and should not be shared. Any breach of this policy may result in the termination of the affected Accounts or all Accounts associated with you.
  3. If you suspect that your Account credentials have been compromised, please contact us immediately. Note that we will never ask you to confirm your Username, Password, or other personal details via unsolicited communications.
  1. Contact Information

Cloudmate Technologies LLP
A-1004 Business Empire Hub
Near Shukan Mall, Science City
Ahmedabad-380060, India
Email: hello@autocampaign.ai

 

Usage of the Platform

4.1 Services

  1. We provide you with a Platform interface and a suite of Services (“Services”) designed to enable you to subscribe to and utilise our Platform for the creation, modification, and maintenance of chatbot programs. These Services are offered in their existing state and may assist in enhancing your business processes.
  2. Upon registration and subject to Section 5 (if applicable), you will be granted access to the Platform and its associated functionalities in accordance with the Terms outlined in this document.
  3. Your use of the Services is also governed by various platform policies, which may be integrated with Auto Campaigns AI. These policies are incorporated by reference and form part of these Terms. The relevant platform policies include:
  4. You are solely responsible for complying with any platform policies you choose to integrate with Auto Campaigns AI. Auto Campaigns AI disclaims any responsibility, whether legal or otherwise, for your access to the Platform and the data generated. By using the Platform, you implicitly consent to and accept all of the terms and conditions outlined in this document. Failure to comply with these Terms may result in the termination of your access to the Platform and its Services.

Your continued use of the Services indicates acceptance of these Terms, which include all clauses contained in this document as well as our Privacy Policy and Data Processing Agreement.

 

  1. Limitations of Service

5.1 Responsibility for Data

  1. You acknowledge and agree that you are solely responsible for evaluating the integrity, quality, accuracy, or reliability of any data provided to us. Any decisions based on this data and any resulting consequences are solely your responsibility.
  2. You acknowledge that we do not assume any liability for any data handled or generated by you on the Platform.

5.2 Service Revisions

  1. We are continually working to improve our Platform and may introduce modifications or revisions to its functionality, content, features, and modules, or discontinue certain aspects of the Services, at our discretion and without notice.
  2. We reserve the right to remove any Content from the Services at any time, for any reason, including but not limited to if there are allegations that the Content violates these Terms. Such removal will be at our sole discretion and without notice. For any service disruptions or interruptions, please contact us at support@autocampaign.ai for support and clarification.
  3. If there is a material decrease in the functionality of the Platform or changes to this Agreement, we will provide advance notice by posting the changes on our website or via email. In such cases, you may terminate your subscription in accordance with Section 10.2 (Termination).

5.3 Temporary Suspension of Services

  1. We may temporarily limit or suspend the Services at our discretion, including for maintenance or upgrades to the Platform.
  2. We also reserve the right to terminate access to the Platform due to missed payments as per contractual agreements. Your access to the Platform and/or subscription represents an agreement to adhere to the commercial terms and conditions outlined in the contract, as well as the Terms and Conditions listed in this document and our Privacy Policy and Data Processing Agreement, available on our website.

5.4 Unacceptable Use of Services and User Conduct

  1. You represent, warrant, and agree that you will not create or contribute any Content or User Submissions, or otherwise use the Services in a manner that:
    (a) Infringes or violates the intellectual property rights or any other rights of any third party (including Auto Campaigns AI);
    (b) Violates any laws or regulations, including applicable export control laws;
    (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
    (d) Jeopardises the security of your Auto Campaigns AI account or others’ accounts (such as allowing unauthorised access to the Services);
    (e) Attempts to obtain passwords, accounts, or other security information from other users;
    (f) Violates the security of any computer network, or attempts to crack passwords or security encryption codes;
    (g) Runs mailing lists, auto-responders, or “spam” on the Services, or engages in any processes that interfere with the proper functioning of the Services, including placing an unreasonable load on the infrastructure;
    (h) Crawls, scrapes, or spiders any page, data, or portion of the Services or Content using manual or automated means;
    (i) Copies or stores significant portions of the Content;
    (j) Decompiles, reverse engineers, or attempts to obtain the source code or underlying ideas of the Services;
    (k) Fails to comply with international agreements on Global Data Privacy Regulations (GDPR) and The Children’s Online Privacy Protection Act (COPPA), including any amendments or updates, as communicated to you.
  2. A violation of any of the above is grounds for the termination of your right to use or access the Services, with or without notice, and may result in the forfeiture of your contact information, data, and any other intelligence built on the Platform, subject to legal obligations or regulatory requirements.

User Declarations and Assurances

By accessing and using the Platform, you represent and warrant the following:

  1. Accuracy of Information: You affirm that all information provided during the registration process is truthful, accurate, current, and complete to the best of your knowledge. You undertake to promptly update this information as necessary to ensure its continued accuracy and completeness.
  2. Legal Capacity: You represent that you have the legal capacity and authority to enter into these Terms and Conditions and to abide by all obligations and responsibilities set forth herein.
  3. Age Requirements: You confirm that you are at least 13 years old. If you are under 18 years of age, you represent that you have obtained parental or guardian consent to use the Platform.
  4. No Automated Access: You agree not to access the Platform using any automated systems, including but not limited to bots, scripts, or other automated means that bypass the normal user interface.
  5. Lawful Use: You will not use the Platform for any unlawful, fraudulent, or unauthorized purpose. Your activities on the Platform will comply with all applicable local, state, and federal laws and regulations.
  6. Compliance with Laws: You agree that your use of the Platform will not infringe upon or violate any applicable laws, regulations, or third-party rights.
  7. Consequences of Misrepresentation: If we determine that any information you have provided is false, misleading, outdated, or incomplete, we reserve the right to suspend or terminate your account and restrict or deny access to the Platform, either temporarily or permanently, with or without prior notice.
  1. User Registration Process
  1. Registration Requirements: To access certain features and functionalities of the Platform, you may be required to register an account. By registering, you agree to maintain the confidentiality of your account credentials, including your username and password, and to be fully responsible for all activities and transactions that occur under your account.
  2. Username Policy: We reserve the right to review and approve or disapprove of any username you select. If we determine, in our sole discretion, that a username is inappropriate, offensive, or otherwise unsuitable, we may modify, reclaim, or revoke the username.
  3. Account Security: You acknowledge that you are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
  4. Authority to Modify Accounts: We reserve the right to modify or revoke any account details or usernames at our sole discretion to ensure compliance with these Terms.

 

  1. Platform Maintenance and Responsibility
  1. System Upgrades and Maintenance: You are solely responsible for maintaining and upgrading any operating systems or other systems used to access the Platform. We are not liable for any issues, disruptions, or malfunctions resulting from the use of outdated, legacy, or unsupported systems.
  1. Legal and Regulatory Compliance
  1. Adherence to Laws: You agree to comply with all applicable laws and regulations, including those related to personal information protection and data privacy.
  2. User Consent: You are responsible for obtaining all necessary consents from your users as required by law to use their personal information in connection with our services. This includes adhering to the terms outlined in the Privacy Policy and Data Processing Agreement.
  3. User Awareness: You must ensure that your users are aware that their use of the Platform is subject to compliance with all relevant laws, including those pertaining to the protection of personal information.
  1. Data and Intellectual Property
  1. Ownership of Data: As specified in the Data Processing Agreement, you retain ownership of all data shared with us. We do not bear responsibility for evaluating the integrity, quality, accuracy, or reliability of this data.
  2. Intellectual Property and Copyright
    1. Compliance with DMCA: Under the Digital Millennium Copyright Act (DMCA), we are obligated to address any material that allegedly infringes on copyright. We respect intellectual property rights and will take appropriate actions, including removing or disabling access to infringing content and terminating accounts associated with such violations.
    2. Protection of Intellectual Property: We reserve the right to remove or disable access to any content that we believe, at our sole discretion, infringes on copyright or other intellectual property rights. We may also terminate accounts involved in repeated infringement.
  1. Data Handling and Backup Procedures
  1. Data Processing and Backups: All data collected through our services is managed in accordance with the terms outlined in our Data Processing Agreement. We recommend that you take necessary backups of your data before requesting any downgrade or termination of services.
  2. Use of Sub-Processors: We may engage various sub-processors to assist in providing our services. Their use is governed by our Data Processing Agreement.
  1. Privacy and Data Protection
  1. Commitment to Privacy: We are committed to safeguarding the privacy of our users. For detailed information, please review our latest Privacy Policy.
  2. Collection of Personal Information: We do not actively collect personal information such as age, gender, or address unless such details are voluntarily provided by you.
  1. Subscription and Billing
  1. Free Trial Offer: We offer a 2-week Free Trial that allows you to explore basic functionalities of our Services. This trial is available until the earliest of the following: (a) the end of the 2-week trial period; (b) the commencement of a purchased subscription; or (c) termination of the trial at our sole discretion.
  2. Subscription Plans and Fees:
    • Plan Selection: To access various features and services, you may need to select and pay for a specific subscription plan. Our subscription plans and associated fees are subject to change, which will be communicated through our commercial agreement with you.
    • Pricing and Tiers: We offer tiered subscription plans based on factors such as the number of bots, interactions, and other modules. You may choose a plan and make an upfront payment, or opt for flexible billing arrangements based on your preference.
    • Changes to Plans: We reserve the right to modify subscription tiers, pricing, and features at any time without prior notice. Any such changes will be reflected in our terms and conditions and communicated accordingly.
  1. Subscription Changes
    1. Upgrading Your Plan: You can upgrade your subscription plan directly through the platform at any time. When you upgrade, we’ll issue a pro-rata invoice for the new plan based on the remaining days in your current billing cycle. From then on, future invoices will reflect the new plan’s fees.
    2. Downgrading Your Plan: If you want to downgrade your subscription, you can do so through the platform. Downgrades will only take effect at the end of your current billing period. After that, your invoices will reflect the fees for the downgraded plan.
    3. Immediate Downgrades: For urgent downgrade requests, please email us at support@autocampaign.ai, and we’ll assist you as quickly as possible. 
  • Subscription Cancellation 
  1. Cancelling Your Subscription: To cancel your subscription, contact us directly at support@autocampaign.ai. We process cancellations manually to ensure everything is handled securely.
  2. Account Cancellation: If you wish to cancel your account, please reach out to us at the same email address. We’ll process your request promptly.

 

 

 

Refund Policy

  • No Refunds for Unused Days: We do not offer refunds for any unused days if you cancel your subscription.
  • No Refunds for Early Downgrades: If you request a downgrade before the end of your current billing term, we will not provide a refund for the remaining days.
  • Contact Us: If you have any questions about our refund policy, feel free to write to us at support@autocampaign.ai.

 

Payment Processing and Billing

  1. Payment Processor: We use a third-party payment processor that complies with PCI-DSS standards to handle all billing and payment transactions. 
  2. Automatic Charges: The credit card information you provide will be automatically charged for any changes to your services or upon renewal of your subscription. 
  3. Payment Responsibility: If we are unable to charge your credit card, or if you instruct us in writing not to charge it, you are responsible for ensuring payment is made by alternative means. Failure to complete payment may result in suspension of services and termination of your subscription without further notice.

Fee Revisions

  1. Right to Revise Fees: We reserve the right to change the service fees for any paid plans or functionalities at our discretion. 
  2. Effective Date of Changes: Any revised fees will apply from the next renewal date of your existing subscription plan. 
  3. Notification of Changes: We will notify you by email if there are any changes to the fees.



Shipping

  1. As our services are purely digital, no shipping is required.

 

Disclaimer of Warranty

  1. Risk
  • Service Availability: Auto campaign and its partners do not guarantee that the services or products offered will be free from issues or errors. We do not endorse any third-party websites or services linked through our platform.
  • Service As-Is: Our services and content are provided on an “as-is” basis. We make no promises about their quality, reliability, or that they will be error-free or uninterrupted.
  1. Internet Use
  • Service Reliability: Our services depend on the internet and your connection. We cannot guarantee uninterrupted access or availability.
  1. Technical Support
  • Support Availability: We offer technical support via email. However, full support may not be available for free or trial users. For support, contact us at support@autocampaign.ai
  • User Responsibility: You are responsible for obtaining and maintaining the necessary hardware and internet services to use our platform.
  1. Liability Limits
  • Damage Limits: To the fullest extent permitted by law, we are not liable for indirect or consequential damages. Our liability is limited to the amount you paid us in the last 12 months or $100, whichever is greater.
  • Exclusions: We do not cover damages related to lost profits or system malfunctions. Some jurisdictions may not allow these limitations.
  1. Indemnity
  • Your Responsibility: You agree to indemnify us against any claims or losses related to your use of our services or violations of our terms.
  • Claim Notice: We will try to notify you of any claims, but your indemnification obligations remain even if we do not.
  1. Ownership and Intellectual Property
  • Content Protection: All content on our services, including text, graphics, and images, is protected by intellectual property laws. You cannot use or reproduce this content without permission.
  • User Submissions: Any content you provide through our services is your own. We may use, modify, and display your submissions as needed to operate our services.
  1. Terms and Termination
  • Effective Date: These terms apply from the moment you start using our services. They continue until terminated by either party.
  • Termination by You: You can stop using our services anytime by emailing support@autocampaign.ai
  • Termination by Us: We may terminate your access if you violate our terms or for any other reason. Termination may result in the loss of your content.
  • Refunds on Termination: No refunds are given for unused days or services after termination.
  1. General Terms
  • Governing Law: These terms are governed by the laws of the USA. Disputes will be resolved in Delaware, USA.
  • Force Majeure: We are not liable for failure to perform due to unforeseen circumstances beyond our control.
  • Notice: Upon termination, you must stop using our services. We may delete your account and data, with no refunds provided.

 

  1. Governing Law and Jurisdiction
  1. Governing Law
    These Terms are governed by and will be construed in accordance with the laws of Ahmedabad, Gujarat, India. This jurisdiction will apply regardless of any conflict of law principles that might suggest the application of the laws of another jurisdiction.
  2. Dispute Resolution
    Any disputes arising out of or related to these Terms will be exclusively resolved in the courts situated in Ahmedabad, Gujarat, India. You agree that this will be the sole forum for addressing any legal issues related to these Terms.
  3. Force Majeure
    We shall not be liable for any failure or delay in performing our obligations due to unforeseen events beyond our control, including but not limited to natural disasters, strikes, riots, wars, terrorism, governmental actions, or failures by third-party service providers.
  4. Notice
    Notices related to these Terms will be sent to the email addresses provided by you. Notices from us will be sent to support@autocampaign.ai or support@autocampaign.ai. All notices will be considered received 24 hours after sending.
  5. Assignment & Successors
    You may not transfer or assign these Terms or your rights under them without our prior written consent. We reserve the right to transfer or assign these Terms and our rights without your consent.
  6. Amendments
    We may amend these Terms at any time to improve our platform, Auto Campaigns AI. Any changes will be communicated to you via email or posted on our website. Continued use of our Services after such amendments will constitute your acceptance of the new Terms. If you do not agree with the changes, you must stop using our Services.
  7. Waiver
    No waiver of any term of these Terms will be effective unless in writing and signed by an authorised representative of the party waiving the term. Failure to enforce any right under these Terms does not constitute a waiver of that right.
  8. Severability
    If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will continue in effect. We will replace any invalid provision with a new one that closely reflects the original intent.
  9. Entire Agreement
    These Terms, along with our Privacy Policy, Data Processing Agreement, and any other attached documents, constitute the entire agreement between you and us. They supersede all prior agreements and understandings related to the subject matter.
  10. Acceptance
    By using Auto Campaigns AI, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you should not use our Services.

 

Data Processing Agreement

  1. Authentication

Customer data is stored in multi-tenant systems accessible via our platform through user interfaces or APIs. We use robust authentication mechanisms, including a defined password policy, to control access. Only authorized users with specific access rights can use our platform.

  1. Access Controls and Monitoring

We implement network access control mechanisms to block unauthorized protocols and keep our platform secure. Our systems detect and alert us to abnormal network activities. Additionally, we perform regular vulnerability scans to identify and address system risks.

  1. Platform Data Access

Only a limited number of authorized Cloudmate Technologies LLP employees, who have signed Non-Disclosure Agreements, can access customer data. This access is protected by two-factor authentication and reviewed biannually to ensure that only necessary roles and individuals retain access.

 

  1. Data Transmission

All communications on our platform use secured HTTPS protocols. We adhere to industry-standard practices for HTTPS to ensure secure data transmission.

 

  1. List of Sub-Processors

We may use the following sub-processors to support our services:

  • SendGrid, Inc.
  • Twilio Inc.
  • Google, Inc.
  • Facebook, Inc.
  • WhatsApp, Inc.
    • Amazon Web Services, Inc.
  1. Contact Information

For any inquiries related to this Data Processing Agreement, please contact us at:

Company Name: Cloudmate Technologies LLP
 Address: A-1004 Business Empire Hub, Near Shukan Mall, Science City, Ahmedabad-380060
Email: hello@autocampaign.ai, support@autocampaign.ai