These Terms of Service ("Terms") govern access to and use of Automerize, the business messaging and lead-management product operated by Xaintec LLC ("Xaintec," "we," or "us"). By creating a workspace, clicking to accept, signing in, or using the Service, you agree to these Terms on behalf of yourself and the organisation you represent ("Customer"). If you do not agree, do not use the Service.
The Service is offered to businesses worldwide. These Terms are written for a global audience and are not limited to any single country or industry vertical.
1. The Service
Automerize lets teams manage leads and conversations (including WhatsApp and other connected channels), run pipelines and calendars, send campaigns, configure automations, use optional AI-assisted features, and review usage. Features depend on your plan and configuration. Third-party platforms (Meta / WhatsApp and others) have their own terms; you must comply with them when you connect an account.
2. Eligibility and accounts
- You must be able to form a binding contract in your jurisdiction.
- The Service is for businesses and their authorised personnel only.
- You are responsible for the workspace you create, for the people you invite, for accurate registration information, and for keeping login credentials confidential.
- Notify us promptly of unauthorised access at support@xaintec.com.
3. Customer responsibilities
Customers agree to:
- Obtain necessary rights, notices, and consents before collecting or processing personal data through the Service
- Comply with applicable privacy, marketing, and telecommunications laws
- Comply with connected platform policies (including WhatsApp Business Terms and Messaging Policy where WhatsApp is used)
- Use messaging and campaigns lawfully — no spam, harassment, or unlawful content
- Maintain any connected business accounts required by third-party platforms
- Assign roles appropriately and ensure invited users comply with these Terms
4. Acceptable use
You will not use the Service to:
- Violate law, platform policies, or another person's rights
- Send spam, scrape, or automate abuse against connected networks
- Probe, disrupt, or reverse engineer the Service except as allowed by law
- Misrepresent your identity or the brand you message as
- Bypass security, steal data, or infringe intellectual property
We may suspend or terminate access for violations or legal requirements.
5. Your content and connected accounts
You retain rights in the content you upload and Customer data in your workspace. You grant Xaintec a limited license to host, transmit, process, and display that content solely to provide and improve the Service. You authorize us to act on connected accounts as you direct (send, sync, automate). Disconnecting a channel stops new actions; history we stored for your workspace remains until you delete it or the workspace ends, subject to our retention practices.
6. AI and automated features
Automated and AI-assisted outputs may be inaccurate or incomplete. Customers are responsible for reviewing outbound communications before reliance. Credits, voice minutes, and campaign wallet usage are metered as described in-product. See our Privacy Policy for how related data is processed.
7. Plans, trials, and payment
Paid plans are billed as described at checkout or in Usage & Billing. Fees are in US dollars unless we say otherwise. Taxes may apply. Subscriptions renew until cancelled. If a payment fails, we may pause paid features after reasonable notice. You can cancel at any time; the then-current period generally is not refunded except where Wyoming or other applicable law requires.
8. Availability and changes
We aim for a reliable Service but do not guarantee uninterrupted access. Networks, APIs, and messaging products change without notice. We may modify or discontinue features. If a change materially reduces a paid plan, we will give reasonable notice where practical.
9. Intellectual property
We retain rights in the Service and its software. Customers retain rights in their own data and content. Feedback you provide may be used to improve the Service without obligation to you.
10. Confidentiality and data protection
Each party will protect the other's confidential information. Personal data processing is described in our Privacy Policy. A Data Processing Agreement may be available on request at privacy@xaintec.com.
11. Third-party services
The Service may integrate with third-party platforms and providers. Those services are subject to their own terms. We are not responsible for third-party outages, policy changes, Meta / WhatsApp fees, or account restrictions outside our control.
12. Disclaimers
The Service is provided "as is" and "as available." To the fullest extent permitted by law, Xaintec LLC disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted operation or that automated outputs will be error-free. We are not responsible for third-party networks or for content you or your team send.
13. Limitation of liability
To the fullest extent permitted by law, Xaintec LLC and its members, officers, and contractors will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill.
Our total liability for claims arising out of these Terms or the Service will not exceed the amounts you paid us for the Service in the twelve months before the claim. This cap is a standard legal limit on damages — it is not a fee we charge you.
These limits do not apply where liability cannot be excluded by law, or to the Customer's obligation to pay agreed fees.
14. Indemnity
You will defend and indemnify Xaintec against claims arising from your content, Customer data, your use of connected accounts, unlawful use of the Service, or your breach of these Terms, except to the extent caused by our willful misconduct or gross negligence.
15. Termination
You may stop using the Service and delete your workspace. We may suspend or terminate access if you breach these Terms, if required by law, or if we discontinue the product. Either party may terminate for material breach if not cured within thirty (30) days of notice. Sections that by their nature should survive (including intellectual property, disclaimers, liability, indemnity, and governing law) survive termination. Upon termination, data is handled per our retention practices in the Privacy Policy.
16. Governing law and disputes
These Terms are governed by the laws of the State of Wyoming, United States of America, without regard to conflict-of-law rules, except where mandatory consumer or data-protection rules in your country of residence cannot be waived.
The parties will attempt good-faith negotiation before formal proceedings. Subject to mandatory law, exclusive venue for disputes is the state or federal courts located in Wyoming, United States, except that either party may seek injunctive relief in any court of competent jurisdiction.
17. Changes to these Terms
We may update these Terms. The "Last updated" date will change. Continued use after the effective date constitutes acceptance where permitted by law, except where we must obtain a new consent (for example, a new signup Terms version).
18. General
- Entire agreement: These Terms, with any order form or DPA, govern the Service.
- Assignment: Customer may not assign without our consent; we may assign in connection with a corporate reorganization or sale.
- Severability: If a provision is unenforceable, the remainder stays in effect.
19. Contact
Xaintec LLC
State of Wyoming, United States
Legal / privacy: privacy@xaintec.com
Support: support@xaintec.com