Cloud SaaS Terms of Service Agreement

Official Terms of Service Agreement

Last Updated: September 20, 2026 • Legally binding cloud agreement establishing user obligations, liability shields, AI disclaimers, DMCA safe harbor, binding arbitration, and third-party API compliance

Important Legal Notice & Mandatory Assent:

By creating an account or accessing any AutoMashi service, you enter into a legally binding contract. This agreement contains rigorous warranty disclaimers, an absolute financial liability cap of $100 USD or amounts paid in the last 3 months, generative AI output disclaimers, mandatory individual arbitration, and an express class action waiver.

1. Definitions & Parties

Throughout this Agreement, "AutoMashi", "Platform", "we", "us", or "our" refers to AutoMashi (automashi.com). "User", "Subscriber", or "Merchant" refers to any individual, business entity, brand, or agency subscribing to or interacting with our cloud software services, hosted storefronts, or APIs.

2. Cloud Software-as-a-Service (SaaS) Model & Service Availability (SLA)

AutoMashi provides cloud-based conversation automation, content scheduling, multi-platform messaging, and website creation. AutoMashi operates as a technology provider and is not a party to commercial or consumer contracts between merchants and their end buyers.

We target a 99.9% uptime SLA across core webhook processors. To investigate documented support requests or operational incidents, an authorized administrator may use time-limited (max 30 minutes), read-only support access to diagnostic account data as governed by our Privacy Policy. This mode does not permit sending messages, publishing content, modifying settings, or exporting your data. All sessions are logged under the actual administrator.

3. Accounts, Billing Cycles & Free Trial

  • Users must be at least 18 years of age and possess full legal capacity and corporate authority to bind commercial entities.
  • Merchants bear full responsibility for securing account credentials and enforcing strong authentication safeguards.
  • Subscriptions are billed in advance on recurring monthly or annual cycles. Auto-renewal continues until canceled via the dashboard settings prior to the billing rollover date.
  • 7-Day Free Trial: Activation of the 7-day free trial strictly requires entering a valid credit or debit card for identity verification, account authenticity, and fraud/bot prevention (a temporary, fully-refundable nominal $1 pre-authorization hold may apply to verify card validity). Zero subscription fees will be charged during the 7-day period. Subscribers retain the unconditional right to cancel the trial at any time prior to the expiration of the 7 days directly from their dashboard without incurring any charges. If the subscription is not canceled prior to the trial deadline, it will automatically roll over into the selected recurring subscription tier.

4. Acceptable Use Policy & Prohibitions

Subscribers shall not utilize AutoMashi to engage in:

  • Sending unsolicited spam, bulk marketing blasts without prior verifiable opt-in, or deceptive commercial outreach.
  • Promoting fraudulent, prohibited, illegal goods, weapons, or items infringing third-party intellectual property or registered trademarks.
  • Phishing, social engineering, or harvesting financial details, passwords, or credit card numbers via unencrypted chat strings.
  • Reverse-engineering, decompiling, vulnerability probing, or executing unauthorized denial-of-service (DDoS) tests against our cloud infrastructure.

5. Third-Party Platform Integrations & Compliance (Meta, Google, YouTube, TikTok)

Subscribers agree to strictly comply with all policies, rules, and terms of service imposed by external third-party platforms linked to their account:

  • Meta & WhatsApp: Full adherence to Meta Platform Terms, Instagram Community Standards, and WhatsApp Business Policy.
  • Mandatory YouTube Terms of Service Notice: By utilizing any YouTube integration features, video management tools, or publishing YouTube Shorts through AutoMashi, you expressly agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).
  • TikTok Developer Compliance: Strict adherence to TikTok Developer Terms, Commercial Content Guidelines, and Community Standards.
  • Third-Party Platform Disclaimer: AutoMashi operates as an independent SaaS provider connecting available channels through official authorization methods. AutoMashi is not affiliated with, endorsed, sponsored, or certified by Meta, Google, YouTube, or TikTok. Under no circumstances shall AutoMashi or its founders be liable for platform disruptions, connection changes, usage limits, fee adjustments, account suspensions, or termination imposed by third-party platforms upon merchant accounts.

6. Generative AI & Automated Communications Disclaimer

The Subscriber acknowledges and agrees that generative Artificial Intelligence ("AI") features, automated conversation agents, and smart response bots deployed through AutoMashi operate via complex probabilistic machine learning models that may occasionally generate inaccurate, incomplete, hallucinated ("AI Hallucinations"), or unintended responses.

  • Exclusive Merchant Responsibility: The Subscriber maintains sole and exclusive responsibility for configuring, defining, testing, reviewing, supervising, and monitoring all AI instructions, system prompts, product catalogs, pricing rules, promotional discounts, and conversation workflows dispatched to consumers.
  • No Liability for Bot Commitments: Under no circumstances shall AutoMashi or any AutoMashi Parties be liable for any commercial commitments, inaccurate pricing quotes, unintentional discounts, misrepresentations, or unauthorized promises generated by AI bots or automated communication workflows.
  • AutoMashi disclaims all liability for any customer disputes, lost profits, reputational harm, regulatory inquiries, or financial damages arising directly or indirectly from AI-generated outputs or messaging sequences.

7. Hosted Storefronts, User Content & Statutory DMCA Safe Harbor

This section governs all landing pages, hosted storefronts, catalogs, and digital checkout pages hosted through AutoMashi under subdomains (e.g., *.automashi.com) or connected custom domains:

  • User Content Ownership & License: Subscribers retain intellectual property ownership over all text, branding, imagery, media, product listings, and digital assets uploaded or transmitted through the Platform ("User Content"). Subscribers grant AutoMashi a worldwide, non-exclusive, royalty-free license to host, cache, transmit, reproduce, and display User Content solely as necessary to operate and deliver the services. Subscribers warrant that they own or possess all valid legal rights, licenses, and consents required to publish their User Content.
  • Statutory DMCA Safe Harbor: AutoMashi operates purely as an online intermediary and cloud hosting provider entitled to the statutory liability safe harbors under the Digital Millennium Copyright Act (17 U.S.C. § 512) and applicable e-commerce intermediary regulations. AutoMashi does not actively preview, monitor, or endorse User Content hosted on merchant storefronts.
  • DMCA Notice & Takedown Procedure / Designated Agent: Formal notices of claimed copyright or trademark infringement occurring on any *.automashi.com storefront must be submitted to our Designated Copyright Agent at: legal@automashi.com. DMCA notices must strictly comply with 17 U.S.C. § 512(c)(3) (identification of the copyrighted work, URL of infringing material, contact information, good-faith statement, and electronic or physical signature).
  • Repeat Infringer Policy: Pursuant to 17 U.S.C. § 512(i), AutoMashi maintains and strictly enforces a policy providing for the immediate termination of accounts and deletion of hosted storefronts belonging to subscribers who are found to be repeat infringers of intellectual property rights or purveyors of counterfeit merchandise.

8. Conspicuous Disclaimer of Warranties & Absolute Limitation of Liability

CONSPICUOUS WARRANTY DISCLAIMER ("AS IS" & "AS AVAILABLE"):

THE PLATFORM, HOSTED STOREFRONTS, CLOUD APIS, AND SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION, OR ANY GUARANTEE OF SPECIFIC REVENUE OR SALES OUTCOMES.

"AutoMashi Parties" Defined:

FOR PURPOSES OF THIS AGREEMENT, "AUTOMASHI PARTIES" SHALL INCLUDE AUTOMASHI, ITS PARENT ENTITY, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE FOUNDERS, OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, AND SUPPLIERS.

EXCLUSION OF CONSEQUENTIAL AND INDIRECT DAMAGES:

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL THE AUTOMASHI PARTIES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR NEGLIGENCE), AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ABSOLUTE MONETARY LIABILITY CAP:

IN ALL CIRCUMSTANCES, THE MAXIMUM AGGREGATE FINANCIAL AND LEGAL LIABILITY OF THE AUTOMASHI PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE PLATFORM, SHALL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO AUTOMASHI IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS LESS.

FAILURE OF ESSENTIAL PURPOSE:

THIS LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE AND APPLY REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Comprehensive Merchant Indemnification

Subscribers agree to defend, indemnify, and hold harmless AutoMashi and all "AutoMashi Parties" (including founders, owners, shareholders, directors, officers, employees, affiliates, and agents) from and against any and all claims, actions, suits, regulatory inquiries, liabilities, losses, damages, penalties, fines, costs, and expenses (including reasonable attorneys' fees and litigation disbursements) arising out of or directly/indirectly relating to:

  • (a) User's breach of any provision of this Agreement or Acceptable Use Policies;
  • (b) User Content, hosted storefronts on *.automashi.com, promotional broadcasts, or workflows deployed by Subscriber;
  • (c) Generative AI outputs, automated responses, chatbot misstatements, hallucinations, unauthorized pricing quotes, discount discrepancies, or commitments dispatched via Subscriber's automated bots;
  • (d) Violations of direct marketing, anti-spam, telemarketing, or consumer privacy statutes (including the Telephone Consumer Protection Act / TCPA, CAN-SPAM, or regional equivalents) committed by Subscriber;
  • (e) Account suspension, throttling, usage limit changes, or penalties levied by connected third-party platforms (Meta, WhatsApp, Google, YouTube, TikTok) on merchant properties;
  • (f) Any commercial transactions, sales of goods, defective merchandise, refunds, chargebacks, or disputes between Subscriber and any of its end customers, buyers, or website visitors.

10. Intellectual Property Rights

All intellectual property, proprietary software, source codes, visual builder architectures, database schemas, trademarks, and algorithms remain the exclusive property of AutoMashi. Subscribers receive a revocable, non-exclusive, non-transferable, limited SaaS license for the duration of active paid subscriptions.

11. Force Majeure & Technological Interruptions

AutoMashi Parties are not liable for performance failures resulting from causes beyond reasonable control, including natural catastrophes, cyber warfare, general internet provider outages, global cloud provider disruptions (AWS, Vercel, Supabase), or undersea fiber optic cuts.

12. Account Termination & Suspension

AutoMashi reserves the right to immediately suspend or terminate accounts engaging in fraudulent activity, harassment, repeated infringement, or terms violations with zero right to subscription refunds.

13. Governing Law, Binding Individual Arbitration & Class Action Waiver

Governing Law & Informal Resolution: This Agreement shall be governed by and construed in accordance with applicable laws without regard to conflict of law principles. The parties agree to engage in good-faith informal dispute negotiations for at least thirty (30) days following receipt of written notice to: legal@automashi.com.

Binding Individual Arbitration: If an informal resolution is not reached, any dispute, controversy, or claim arising out of or relating to this Agreement or the Services shall be settled exclusively and finally through binding individual arbitration administered by a recognized commercial arbitration provider under its commercial rules, before a single neutral arbitrator. The parties expressly waive the right to litigate disputes in general civil courts, except to seek emergency provisional injunctive relief in aid of arbitration to protect intellectual property rights.

Express Class Action Waiver:

ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR RESOLVED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS. SUBSCRIBER EXPRESSLY AND IRREVOCABLY WAIVES ANY RIGHT TO COMMENCE, JOIN, PARTICIPATE IN, OR ACT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING AGAINST AUTOMASHI OR ANY AUTOMASHI PARTIES.

Jury Trial Waiver: EACH PARTY VOLUNTARILY AND IRREVOCABLY WAIVES ANY CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT.

One-Year Statute of Limitations: SUBSCRIBER AGREES THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN EXACTLY ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY AND IRREVOCABLY BARRED.

Survival Clause: This Section 13, along with Section 6 (AI Disclaimer), Section 7 (Hosted Storefronts & DMCA), Section 8 (Limitation of Liability), Section 9 (Indemnification), and Section 10 (Intellectual Property), shall survive the cancellation, suspension, termination, or expiration of this Agreement or User's account.

14. Modification of Terms & General Provisions

AutoMashi reserves the right to revise or update these terms at its discretion to reflect technological evolutions or regulatory revisions. Continued platform use constitutes binding assent to updated terms. If any provision is deemed unenforceable, the remaining provisions shall continue in full legal force and effect.