Terms & Conditions
American Automation Works — Client Services Agreement Framework. Effective Date: [INSERT EFFECTIVE DATE].
Important Drafting Note: This document is a working business draft and should be reviewed by a licensed attorney in the state governing AAworks before publication or use in checkout. Liability caps, indemnification, privacy, communications, and cancellation provisions can be limited by applicable law.
These Terms & Conditions ("Terms") govern services provided by American Automation Works / AAworks ("AAworks," "Agency," "we," "us," or "our") to the individual or business purchasing or using our services ("Client," "you," or "your"). By signing an agreement, accepting a proposal, completing checkout, paying an invoice, or using AAworks services, Client agrees to these Terms.
1. Services and Scope
AAworks provides technology and business-support services that may include CRM configuration, websites and landing pages, workflow automation, artificial intelligence tools, voice or messaging systems, appointment scheduling, marketing systems, SEO content, integrations, reporting, implementation, training, and related support.
The specific services purchased are limited to the applicable proposal, package, order form, statement of work, checkout page, or written addendum. Any item not expressly included is outside scope and may require an add-on, change order, package upgrade, or separate quote.
2. Package Delivery and Implementation
AAworks may use reusable templates, snapshots, standard workflows, AI frameworks, website structures, and implementation checklists to provide services efficiently. Client-specific branding, business rules, content, access, and configuration are customized as required by the purchased package.
Implementation timelines are estimates, not guarantees. Timelines may change because of Client delays, missing information, platform issues, third-party approvals, domain or messaging verification, data quality, integrations, or requested scope changes.
3. Client Responsibilities
Client is responsible for providing accurate and timely information, approvals, content, credentials or access invitations, brand assets, domain information, staff information, business rules, consent records, and other materials reasonably required to perform the services.
Client must designate an authorized decision-maker for approvals.
Client must review customer-facing content, AI instructions, offers, pricing, workflows, and website information for accuracy.
Client must maintain lawful rights to all content, data, lists, images, trademarks, and materials supplied to AAworks.
Client must not send passwords through ordinary onboarding forms unless AAworks expressly provides an approved secure method.
4. Payments, Setup Fees, Monthly Fees, and Usage
Setup fees are due before implementation unless the applicable agreement states otherwise. Monthly subscriptions are billed in advance according to the selected plan. Monthly fees cover only the recurring services expressly included in the package and do not create unlimited Agency labor, revisions, development, content creation, or support.
Usage-based and third-party charges — including AI usage, phone numbers, call minutes, SMS/MMS, email sending, carrier or A2P fees, domain costs, lead data, premium applications, advertising spend, API usage, and external software subscriptions — are separate unless a written allowance expressly states otherwise.
Fees are non-refundable except where required by law or expressly stated in writing. Failure to pay amounts when due may result in suspension or termination of affected services.
5. Subscription, Cancellation, and Offboarding
Recurring services continue until canceled in accordance with the applicable order, checkout terms, or written agreement. Cancellation stops future recurring Agency charges after the applicable cancellation period but does not automatically refund fees already earned, incurred, or paid.
Upon termination, Client remains responsible for outstanding usage, third-party, setup, implementation, or other accrued charges. Client is responsible for exporting or preserving data before access ends, subject to platform capabilities and any separately purchased offboarding assistance.
6. Scope Changes, Revisions, and Support
Each package includes only the quantities, revision rounds, support level, and recurring work stated in the applicable package or proposal. Requests outside the approved scope may be handled as an add-on, change order, or package upgrade.
Support means reasonable assistance with the configured system within the stated support terms. Support is not unlimited new development, redesign, strategy, campaign creation, data cleanup, copywriting, or integration work.
7. Third-Party Platforms and Services
AAworks may configure or connect third-party services such as GoHighLevel, Stripe, Twilio, Google, Microsoft, Meta, QuickBooks, Abacus.AI, domain registrars, email providers, telecommunications providers, analytics services, APIs, hosting providers, and other software. AAworks does not own or control those services.
AAworks is not responsible for third-party outages, downtime, pricing changes, account suspensions, deliverability issues, policy changes, API changes, feature removals, billing errors, security incidents, integration failures, data loss, or service discontinuation except to the extent directly caused by AAworks and liability cannot lawfully be excluded.
8. Artificial Intelligence and Automation
Certain services may use artificial intelligence, machine learning, large language models, voice AI, automated content generation, or third-party AI providers. AI-generated output can be incomplete, inaccurate, outdated, inconsistent, or inappropriate.
Client is responsible for defining what AI systems may communicate or do, reviewing material business rules and sensitive content, and identifying matters that require human escalation. Unless specifically designed and approved for the use case, AI should not independently make binding legal, financial, medical, regulatory, contractual, pricing, availability, or other high-risk commitments.
9. Communications, Calling, and Marketing Compliance
Client is solely responsible for determining whether its contact lists, calls, messages, recordings, campaigns, and outreach practices have an appropriate legal basis and comply with applicable laws, regulations, carrier policies, platform rules, consent requirements, calling windows, Do Not Call requirements, opt-out requirements, recording laws, and disclosure requirements.
Ownership or possession of a phone number, email address, lead list, or contact record does not by itself establish permission to contact that person through every channel. AAworks does not provide legal advice and does not guarantee that a campaign or contact list is legally eligible for a particular channel.
10. Websites, SEO, Content, and Marketing Results
AAworks may provide websites, funnels, landing pages, blog content, metadata, reputation workflows, campaigns, and related marketing systems. AAworks does not guarantee search rankings, website traffic, leads, appointments, conversion rates, sales, revenue, return on investment, deliverability, customer reviews, or other business results.
Client remains responsible for the accuracy and legality of its offers, claims, prices, testimonials, service descriptions, regulated statements, and other customer-facing content.
11. Client Data and Privacy Responsibilities
Client retains responsibility for its own customer and prospect data, privacy notices, consent practices, retention obligations, and lawful use of personal information. When AAworks processes Client-controlled information solely to provide services, AAworks acts in a service-provider or processor-type role to the extent applicable under relevant law and contract.
Client is responsible for determining whether a separate data-processing agreement, business associate agreement, industry-specific privacy agreement, or other regulatory addendum is required for its business.
12. Intellectual Property
Client retains ownership of materials supplied by Client. Unless otherwise agreed in writing, AAworks retains ownership of its pre-existing intellectual property and reusable assets, including templates, snapshots, workflow structures, automation methods, prompts, frameworks, implementation processes, libraries, documentation, and know-how.
After full payment, Client may use customized deliverables created specifically for Client as contemplated by the applicable agreement. AAworks may reuse general techniques, systems, templates, workflows, and non-confidential know-how developed or refined while performing services.
13. Confidentiality
Each party will use reasonable care to protect confidential business information received from the other party and use it only for legitimate purposes related to the services. Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully obtained from another source, authorized for disclosure, or required to be disclosed by law.
14. Security
No internet-connected system can be guaranteed to be completely secure. AAworks will use commercially reasonable practices appropriate to the services it controls, but Client remains responsible for secure passwords, multi-factor authentication where available, role-based access, employee permissions, account recovery information, and internal security practices.
AAworks is not responsible for losses caused by Client credential sharing, compromised Client accounts, phishing, unauthorized Client users, weak passwords, or security failures outside AAworks' reasonable control.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AAWORKS DISCLAIMS WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, AND UNINTERRUPTED OPERATION.
AAworks does not warrant that software, automations, AI systems, websites, communication channels, integrations, or third-party services will operate without interruption or error.
16. Limitation of Liability — One Monthly Fee Cap
AAWORKS LIABILITY CAP: To the maximum extent permitted by applicable law, AAworks' total aggregate monetary liability arising out of or relating to the services or agreement is limited to no more than ONE MONTH of the recurring subscription fee actually paid by Client to AAworks for the applicable service plan immediately preceding the event giving rise to the claim. AAworks may satisfy an allowed monetary remedy through a refund or account credit up to that amount.
If the affected service is a one-time service with no recurring subscription fee, AAworks' total aggregate monetary liability for that service will not exceed $197, to the maximum extent permitted by applicable law.
This limitation applies regardless of whether a claim is characterized as contract, tort, negligence, strict liability, or another theory, except to the extent a particular limitation is prohibited by applicable law. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
17. Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AAWORKS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR COSTS OF REPLACEMENT SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES MAY BE POSSIBLE.
18. Client Indemnification
To the maximum extent permitted by law, Client agrees to defend, indemnify, and hold harmless AAworks and its owners, employees, contractors, affiliates, and representatives from third-party claims, damages, liabilities, penalties, costs, and reasonable legal expenses arising from Client products or services; Client-provided content or data; Client contact lists; Client instructions; Client violation of law or platform rules; Client failure to obtain required permissions or consent; Client infringement of third-party rights; or Client misuse of AI, communications, automation, or software systems.
19. Suspension or Termination for Risk or Misuse
AAworks may suspend or terminate affected services if Client fails to pay amounts due, materially breaches an agreement, violates law or platform rules, engages in fraudulent or abusive activity, creates unreasonable security or compliance risk, or uses systems in a manner likely to harm AAworks, third parties, carriers, or platform accounts.
20. Force Majeure
AAworks is not liable for delay or failure caused by events reasonably outside its control, including internet outages, telecommunications failures, hosting failures, cyberattacks, government actions, natural disasters, labor disruptions, utility failures, third-party platform outages, API failures, or similar events.
21. Changes to Technology or Services
Technology platforms change frequently. If a third-party provider changes pricing, APIs, features, policies, availability, or technical requirements, AAworks may modify the implementation, recommend an alternative platform, adjust pass-through charges, or quote additional work where the change materially affects the original scope.
22. Governing Law and Venue
These Terms and any related agreement will be governed by the laws of the State of [STATE], without regard to conflict-of-law principles. Any dispute will be brought in the appropriate state or federal courts located in [COUNTY, STATE], unless the parties agree in writing to another dispute-resolution procedure.
23. Entire Agreement, Severability, and Order of Precedence
These Terms, together with the applicable proposal, order form, statement of work, package description, checkout terms, invoice, privacy policy, and written amendments, constitute the agreement regarding the services. If a signed agreement expressly conflicts with these Terms, the signed agreement controls to the extent of that conflict.
If any provision is found invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
24. Acceptance
By signing an agreement, accepting a proposal, completing checkout, submitting payment, or using AAworks services, Client acknowledges that Client has read, understood, and agreed to these Terms.
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