TERMS & CONDITIONS

TERMS OF SERVICE

Thank you for using AutomateTech Solutions! Please read these AutomateTech Solutions Terms of Service (the “Terms”) carefully. They govern your access to and use of AutomateTech Solutions automation technology services, APIs, updates, upgrades, modified versions, extensions, improvements, and derivative works (collectively, the “Service”). AutomateTech Solutions is a subsidiary company of DPW Corrugated Services LLC, registered in the United States with an office at 500 Main Avenue, De Pere, WI 54115

Our email address is contact@automatetechsolutions.ai

“You” means the organization, business, or other legal entity (“Organization”) for which you act. You represent and warrant that (i) you have full legal authority to bind the Organization to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the Organization. Your Organization is legally and financially responsible for your access to and use of the Service as well as for the use of your Service account by others affiliated with the Organization, including any employees, agents, or contractors.

DEFINITIONS

a.

“Account Information” means information about your AutomateTech Solutions account and information that you and your Users provide to AutomateTech Solutions in connection with (1) the creation or administration of your AutomateTech Solutions account; or (2) AutomateTech Solutions maintenance of your account or the Service.

b.

“Affiliate” means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.

c.

“Documentation” means AutomateTech Solutions provided user documentation relating to the Service found on our website and/or our platform as may be updated by AutomateTech Solutions from time to time.

d.

“Feedback” means feedback, comments, ideas, proposals, and suggestions for improvements, whether regarding the Service or otherwise.

e.

“Fees” means the fees applicable to your use of the Service in accordance with the applicable package as set forth on our website or in the Service.

f.

“AutomateTech Solutions Account” means the account on the Service you register and open in order to access and use the Service.

g.

“Subscription Term” means the period during which you have agreed to subscribe to the Service.

h.

“Third Party Login” means your login credentials from a supported third party site or product which are integrated to allow you to access your AutomateTech Solutions Account.

i.

“Third Party Services” means any third party service, connection, site, platform, application, software or integration that interoperates with the Service.

j.

“User Content” means any data, information, or material originated by you that you transmit through the Service to your AutomateTech Solutions Account.

1.
AUTOMATETECH SOLUTIONS ACCOUNT REGISTRATION

a.

Account Registration and Use License. In order to access and use the Service, you must register for an AutomateTech Solutions Account. You must provide and maintain accurate, current, and complete Account Information. Upon your proper registering for an AutomateTech Solutions Account and subject to these Terms, AutomateTech Solutions hereby grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to use the Service during the applicable Subscription Term, solely for your own internal business purposes and in accordance with the Documentation.

b.

Eligibility. In order to open and maintain an AutomateTech Solutions Account, you hereby represent, warrant, and covenant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.

c.

Credentials. To set up and use your AutomateTech Solutions Account, you may either (i) create a user ID and password to access your account; or (ii) use Third Party Login credentials from a supported third-party site. You are responsible for maintaining the confidentiality of your AutomateTech Solutions Account credentials. You agree to immediately notify AutomateTech Solutions of any suspected or actual unauthorized use of your AutomateTech Solutions Account. You agree that you are responsible and liable for all uses of the Service under your AutomateTech Solutions Account, including without limitation, compliance with all applicable laws, and regulations, and third-party terms. You further agree that AutomateTech Solutions will not be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your AutomateTech Solutions Account or your Third Party Login credentials.

2.
FEES; TERM AND TERMINATION

a.

Fees. Some Service features may only be accessed and used after payment of applicable Fees. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are solely responsible for payment of all such taxes, levies, or duties.

b.

Subscription Term and Auto-Renewal. Your Subscription Term begins once you register for your AutomateTech Solutions Account, and is the billing cycle that you selected for your account. UNLESS YOU DOWNGRADE OR CANCEL YOUR SUBSCRIPTION OF YOUR SUBSCRIPTION PRIOR TO EXPIRATION OF YOUR CURRENT SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER SUBSCRIPTION TERM ON THE SAME PLAN AND FOR A PERIOD EQUAL TO YOUR THEN CURRENT SUBSCRIPTION TERM. All renewals are subject to the applicable Service continuing to be offered, and will be subject to the then-current Fees applicable to the renewed Service.

c.

Cancellation and Termination by You. You can cancel any paid plan under your AutomateTech Solutions Account and downgrade to a free plan at any time by contacting us. You can also terminate your AutomateTech Solutions Account at any time by deleting your account after contacting us. You expressly acknowledge that downgrading your Service may cause the loss of features or other capabilities of your AutomateTech Solutions Account, and that AutomateTech Solutions does not accept any liability for such loss. Unless you are on the AutomateTech Solutions free plan, AutomateTech Solutions will continue to bill you Fees and you will continue to be responsible for such Fees until AutomateTech Solutions has confirmed your cancellation or termination.

d.

Termination and Suspension by AutomateTech Solutions. We reserve the right to terminate or suspend your AutomateTech Solutions Account and/or our Service to you at any time upon notice to you. If we terminate or suspend your AutomateTech Solutions Account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your AutomateTech Solutions Account for cause.

e.

Effect of Termination. Once you terminate your AutomateTech Solutions Account, your User Content and account will be deleted. If you do not log in to your AutomateTech Solutions Account or have any active integrations for twenty-four (24) or more months, we reserve the right to designate your AutomateTech Solutions Account as “inactive” and delete the account and/or all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

3.
YOUR USE OF THE SERVICE AND RESTRICTIONS

a.

Account and Use of Service. You may use your AutomateTech Solutions Account and the Service only (i) for lawful purposes; and (ii) in accordance with these Terms.

b.

Your Use of The Service to Send Communications. You acknowledge that (i) you are exclusively responsible for and control the timing, content, and distribution of any telephonic or electronic communications made or initiated to any person or entity in connection with your use of the Service; and (ii) any such communications are made or initiated only as a result of your actions. You further warrant that all telephonic or electronic communications made or initiated in connection with your use of the Service comply with all applicable laws before you make or initiate any telephonic or electronic communication through the Service.

c.

Your Compliance Obligations. You shall be solely responsible for the accuracy, quality, content, and legality of User Content, and any actions triggered by User Content. You represent and warrant that (i) you have obtained all necessary rights, releases, and permissions to transmit User Content through the Service and for any actions triggered by User Content on the Service, and to otherwise use, process, and/or store User Content on the Service used or stored; and (ii) User Content, and its transmission, processing, storage, and use as you authorize in these Terms or through your AutomateTech Solutions Account will not violate any laws or regulations, these Terms, or the terms of any applicable Third Party Service.

d.

Enforcement. We reserve the right, but do not undertake the obligation, to monitor the Service, investigate, and take appropriate action against any party that uses the Service in violation of applicable law or these Terms, including but not limited to, the right to remove, or delete any User Content. We will use reasonable efforts to provide you with advance notice of removals and suspensions when practicable, but if we determine that your actions could endanger the operation of the Service or other users, we may suspend your access or remove your User Data immediately without notice. We have no liability to you for accepting, removing, or deleting your User Content.

4.
OUR SECURITY AND DATA PRIVACY PRACTICES

a.

Data Privacy.

AutomateTech Solutions Privacy Policy is hereby incorporated into and made a part of these Terms by this reference.

b.

Security. We have implemented and maintain physical, technical, and administrative security measures designed to protect the Service and User Content from unauthorized access, destruction, use, modification, or disclosure.

5.
TERMS THAT APPLY TO YOUR DATA

a.

Your Data. You retain ownership of your User Content. By transmitting User Content through the Service, you hereby grant AutomateTech Solutions a worldwide, non-exclusive, and limited term license to access, use, process, copy, store, distribute, perform, transmit, export, and display User Content and to access your AutomateTech Solutions Account, as reasonably necessary: (i) to provide, maintain, operate, and update the Service; (ii) to prevent or address service, security, support, or technical issues; or (iii) as required by law.

b.

Your Compliance Obligations. You shall be solely responsible for the accuracy, quality, content, and legality of User Content, and any actions triggered by User Content. You represent and warrant that (i) you have obtained all necessary rights, releases, and permissions to transmit User Content through the Service and for any actions triggered by User Content on the Service, and to otherwise use, process, and/or store User Content on the Service used or stored; and (ii) User Content, and its transmission, processing, storage, and use as you authorize in these Terms or through your AutomateTech Solutions Account will not violate any laws or regulations, these Terms, or the terms of any applicable Third Party Service.

6.
PROPRIETARY RIGHTS

a.

AutomateTech Solutions Service. The Service is made available on a limited access basis, and no ownership rights to the Service are being conveyed to you. We and our licensors have and retain all right, title, and interest, including all intellectual property rights, in and to the Service, including all modifications, updates, upgrades, extensions, components, and all derivative works to the Service. All our rights not expressly granted under these Terms are hereby retained.

b.

Trademarks. AutomateTech Solutions, the AutomateTech Solutions logo, and all AutomateTech Solutions product names are trademarks and/or services marks of AutomateTech Solutions. Nothing in these Terms shall be construed as granting any license or right to use any AutomateTech Solutions trademark without our prior written consent. You hereby grant AutomateTech Solutions the right to identify you as a customer of AutomateTech Solutions and to use your logos and/or trademarks for that purpose.

7.
THIRD-PARTY SERVICES

a.

Integrations with Third Party Services. The Service may contain links to and integrations with Third Party Services. AutomateTech Solutions provides such links to and integrations solely as a convenience, has no responsibility for the content or availability of such Third Party Services, and does not endorse such Third Party Services. Access to any Third Party Services linked to the Service is at your own risk, and AutomateTech Solutions is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made by, on, or through such Third Party Services. Your use of any Third Party Services is subject to the terms applicable to such Third Party Service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms or any terms applicable to such Third Party Service.

b.

Linking to Third Party Services. You acknowledge and agree that your Account Information and usage information regarding your use of a Third Party Service integration through your AutomateTech Solutions Account may be shared with that Third Party Service. We may also share your User Content with a specific Third Party Service which you linked to your AutomateTech Solutions Account in order to prevent or resolve service, security, support, or technical issues related to that Third Party Service.

8.
DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AUTOMATETECH SOLUTIONS MAKES NO WARRANTY THAT THE SERVICE IS COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL, OR ACCURATE. AUTOMATETECH SOLUTIONS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SERVICE OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SERVICE RESTS WITH YOU. AUTOMATETECH SOLUTIONS WILL NOT BE LIABLE OR RE-SPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SERVICE. AUTOMATETECH SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SERVICE WILL BE UNINTERRUPTED, THAT THE SERVICE WILL BE ERROR FREE, OR THAT ALL ERRORS WILL BE CORRECTED.

9.
LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AUTOMATETECH SOLUTIONS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF AUTOMATETECH SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.

10.
CONFIDENTIAL INFORMATION

a.

Confidential Information. Each party (“Disclosing Party”) may disclose Confidential Information to the other party (“Receiving Party”) in connection with the Service. “Confidential Information” is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, as well as non-public business, product, product roadmap, technology, and marketing information. If something is labeled “Confidential,” that is a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (i) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) is received from a third party without breach of any obligation owed to the Disclosing Party; or (iv) was independently developed by the Receiving Party.

b.

Protection and Use of Confidential Information. The Receiving Party will (i) take reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who need to know such information in connection with the Service, provided, they are bound to confidentiality obligations; and (ii) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of the Service.

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FOR PARTNERS:
PLATFORM AGREEMENT

Please read this AutomateTech Solutions Platform Agreement (the “Agreement”). You must agree to this Agreement to use the Platform (as defined below). This Agreement grants AutomateTech Solutions permission to use your marketing assets (e.g., your App name and logo) throughout AutomateTech Solutions website and platform, and on other AutomateTech Solutions Platform participants’ apps and websites to promote Integrations (as defined below).

AS USED HEREIN:

"Apps" mean your own branded applications and your application programming interfaces used or relied upon by Integrations and any updates, upgrades, modifications, additions, and versions thereto.

"Documentation" means AutomateTech Solutions documentation and templates made available to you by AutomateTech Solutions on the Platform website or elsewhere.

"Integration" mean the integrations and data links that connect Apps with the Platform, and any updates, upgrades, modifications, additions, and versions thereto.

"Libraries" mean AutomateTech Solutions script libraries made available to you by AutomateTech Solutions on the Platform website or elsewhere, and any updates, upgrades, modifications, additions, and versions thereto.

"Platform" means the AutomateTech Solutions platform made available to you which includes Documentation, Libraries, AutomateTech Solutions APIs, Sample Code, other AutomateTech Solutions materials provided to you via the Platform website, and any updates, upgrades, modifications, additions, and versions thereto.

"Sample Code" means sample code made available by AutomateTech Solutions to the extent not separately licensed under an open-source license.

"Services" mean the AutomateTech Solutions cloud-based automation platform.

"TOS" means the AutomateTech Solutions Terms of Service or aka. Terms and Conditions at: https://automatetechsolutions.com/terms--conditions, as may be updated from time to time that governs the use of the Services.

"AutomateTech Solutions APIs" mean AutomateTech Solutions application programming interfaces made available by AI Automation Agency Ltd on the Platform, and any updates, upgrades, modifications, additions, and versions thereto.

Thank you for your interest in AutomateTech Solutions and the Platform, which allows you to build Integrations with and between Apps to facilitate the Services. This Agreement governs your use of the Platform. If you are entering into this Agreement on behalf of a company, organization, or other legal entity (an “Entity”), you are agreeing to this Agreement for that Entity and representing to

AutomateTech Solutions that you have the authority to bind such Entity to this Agreement, in which case the term “you” shall refer to such Entity. By downloading, installing, or otherwise accessing or using the Platform, you agree that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you may not use the Platform. This Agreement will govern your use of the Platform if there is any conflict between this Agreement and the TOS.

By using or accessing any portion of the Platform, you acknowledge and agree as follows:

LIMITED LICENSE

Subject to your complete and ongoing compliance with all the terms and conditions of this Agreement, including without limitation, all license limitations, restrictions, and permissions, AutomateTech Solutions grants you the following limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to:

Copy, use, and (where applicable) authorize your employees to use the Documentation internally solely in connection with developing Integrations. Copy and modify Sample Code strictly for the purpose of developing Integrations. Copy and use the AutomateTech Solutions APIs strictly for the purpose of linking Integrations.Incorporate unmodified Libraries and modified or unmodified Sample Code into Integrations and redistribute the same as part of Integrations solely through the Services.

Notwithstanding anything herein, the foregoing license rights are limited to the development and distribution of Integrations solely for the purpose of accessing or interfacing with the Services, as permitted in the Documentation, and in compliance with the AutomateTech Solutions Acceptable Use Policy located at: https://automatetechsolutions/aup, as may be updated from time to time.

RESTRICTIONS

By accessing or using the Platform, you represent, warrant, and covenant that you are engaged in the development of software applications (i.e., Apps) and have the authority to integrate Apps with the Services. You will not (or authorize any third party to), directly or indirectly:

Redistribute, sell, lease, license, copy, publicly perform or display, transmit, publish, edit, adapt, create derivative works of, modify, or otherwise use or exploit in any manner any portion of the Platform, except as expressly provided herein.Distribute, deploy, or otherwise utilize Integrations for any purpose other than to facilitate the integration of apps with the Service.Use or implement any undocumented feature or API, or use any documented feature or API other than in accordance with applicable Documentation. 

Fail to maintain the confidentiality of any non-public aspects of the Platform or fail to use at least the same measures to protect the non-public aspects of the Platform as you use for your own confidential information (and in any case, no less than reasonable care). Decompile, reverse engineer, or otherwise access or attempt to access the source code for the Platform not made available to you in source code form. Remove, obscure, interfere with, or circumvent any Platform feature, including without limitation, any copyright or other intellectual property notices, security, or access control mechanism. Take any action that could subject the Platform (or any part) to third-party terms, including without limitation “open source” software license terms. Copy, frame, or display any elements of the Services through Integrations or Apps, except as expressly authorized by AutomateTech Solutions in writing.

Access or use the Platform for any competitive purpose or competitive analysis or disseminate performance information (including uptime, response time, or benchmarks) relating to the Platform or Services.Use or access the Platform in violation of the Acceptable Use Policy.Use the Platform for any purpose other than for it was expressly designed.Suggest any affiliation with AutomateTech Solutions, including any suggestion that AutomateTech Solutions sponsors, endorses, or guarantees any Integrations, or App, except for the Platform integration relationship expressly contemplated in this Agreement, or make any representations, warranties, or commitments regarding AutomateTech Solutions or on behalf of AutomateTech Solutions (including with respect to the Services or Platform).

If you are prohibited from using the Platform under applicable law, you may not use it. You will comply with all applicable laws and regulations (including without limitation laws and regulations related to export controls) in connection with your use of the Platform. ANY USE IN VIOLATION OF THESE LIMITATIONS AND RESTRICTIONS IS STRICTLY PROHIBITED AND UNLICENSED.

RESERVATION OF RIGHTS

The Platform is owned by AutomateTech Solutions and licensed, not sold, to you. The Platform and the Services, including, without limitation, all app templates, content, visual interfaces, interactive features, information, graphics, design, compilations, computer code, products, services, and other Platform and Services elements, are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and other intellectual property and proprietary rights, and applicable laws. As between you and AutomateTech Solutions, all components of the Platform, including all intellectual property rights therein and thereto, are the sole and exclusive property of AutomateTech Solutions, its affiliates, and/or licensors. AutomateTech Solutions reserves all rights not expressly granted in this Agreement. You do not acquire any right, title, or interest to the Platform, whether by implication, estoppel, or otherwise, except for the limited rights set forth herein. AutomateTech Solutions may monitor Platform usage and limit your access to the Platform, including the number of calls or requests you may make. AutomateTech Solutions may put these limitations in place in its sole discretion, especially if it believes your usage is in breach of this Agreement, may negatively affect the Platform, or may otherwise impose liability on AutomateTech Solutions.

TRADEMARKS

To the extent that AutomateTech Solutions approves Integrations and they are activated and made publicly available through the Services, each party (the “Grantor”) hereby grants to the other party (the “Grantee”) a non-exclusive, non-transferable (except as set forth in Section 19), non-sublicensable right and license to use Grantor’s trademarks, trade names, service marks, logotypes or brand identifiers, whether registered or unregistered (collectively, “Trademarks”), solely for the purpose of: (i) in the case of you as the Grantor, marketing and publicizing the Services and the functionality of Integrations that are approved and activated; or (ii) in the case of AutomateTech Solutions as the Grantor, indicating that approved and activated Integrations are available and operable on the Services.

You also hereby grant to third-party Platform participants with applications or application programming interfaces that are approved for the Platform (“Third-Party Participants”, and such applications or application programming interfaces, “Third-Party Apps”) a non-exclusive, non-transferable (other than to a successor), non-sublicensable right and license to use your Trademarks solely for the purposes of: (i) marketing and publicizing the Third-Party Apps of such Third-Party Participants; and (ii) linking or embedding such Third-Party Apps with Integrations and Apps.

For all private Integrations that have not been approved by AutomateTech Solutions, you hereby grant to AutomateTech Solutions a non-exclusive, non-transferable (except as set forth in Section 19), non-sublicensable right and license to use your Trademarks, solely for the purpose of indicating that the Integrations are available and operable on the Services on a private, invitation-only basis.

Each party reserves all rights to its Trademarks not expressly granted under this Section 4. Any rights (including goodwill) that Grantee acquires by use of the Grantor’s Trademarks shall inure solely to the benefit of Grantor. Grantee shall not: (i) use any mark confusingly similar to the Grantor’s Trademarks; or (ii) use Grantor’s Trademarks in its business names, product/service names, or website domain names. Grantee shall use the Trademarks in accordance with Grantor’s guidelines as may be provided by Grantor from time to time, and Grantor shall have the right to review Grantee’s use of the Grantor’s Trademarks from time to time. Grantee shall remedy any deficiencies in its use of the Grantor’s Trademarks, as determined by Grantor in its sole discretion, upon notification by Grantor and in the manner requested by Grantor.

STANDARDS FOR INTEGRATIONS/APPS

For Integrations, you represent and covenant that you will meet and continue to meet the following standards with respect to Integrations:

Adherence to Quality. You will ensure that Integrations meet the standards set forth by AutomateTech Solutions integration-review-guidelines, as may be updated from time to time.Maintenance of Integrations. You will take reasonable measures to maintain the functionality, quality, availability, and security of Integrations. Maintenance of Apps. You will take reasonable measures to maintain the functionality, quality, availability, and security of Apps. 

For Integrations to be activated and made publicly available through the Services, AutomateTech Solutions must first approve them at its sole discretion.AutomateTech Solutions reserves the right, but not the obligation, to maintain the functionality, quality, availability, and security of Integrations.

YOUR OTHER RESPONSIBILITIES

Integrations/Apps and End Users. You are solely responsible, at your own expense, for: (i) Integrations and Apps and their distribution, operation, and support; (ii) your own relationships and agreements with end users regarding their use of Integrations and Apps; (iii) the security of Integrations and Apps; and (iv) Integrations and Apps’ compliance with all applicable laws, third-party policies, and terms and conditions. User Data. An end user of the Services and the Apps may access, retrieve, transmit, upload, post, delete, collect, maintain, use, store, or otherwise process (collectively, “Process” or “Processed”) certain of their data, content, or information through Integrations (“User Data”) for their further use. With respect to such User Data (including from third-party services), you agree: 

1.

To Process the User Data only to the extent enabled by such end user and to ensure that all User Data is Processed in Integrations and Apps in accordance with: (1) your agreement with the end user, a legally adequate privacy policy, and appropriate contextual notices to and consents from end users; (2) all applicable laws; (3) all applicable policies and terms and conditions of any Third-Party Apps or third-party services accessed or linked to Process any User Data; and (4) appropriate measures that protect the privacy and security of User Data.

2.

To use User Data only to provide user-facing features, and not to transfer or sell User Data for other purposes (e.g., targeting ads, market research, email campaign tracking, and other unrelated purposes).

3.

To access only the User Data necessary to implement Integrations and Apps.

4.

Not to permit humans (other than the user’s intended recipient, if applicable, and the end user themselves) to read User Data, except: (1) if you obtain the end user’s affirmative consent; (2) as necessary for security purposes or to comply with applicable law; or (3) your use is limited to internal operations and the User Data (including derivations) have been aggregated and anonymized.

To Process User Data from the Services, Third-Party Apps or other third-party services, Integrations, and Apps may need to meet certain minimum security and privacy standards. You agree to demonstrate that they meet such standards upon request.

TOS. You will not facilitate or encourage any end user to violate the TOS or interfere with their review or acceptance of the same. For the avoidance of doubt, your use of the Platform is subject to this Agreement, not the TOS. If you use Services as an end user, such use remains subject to the TOS.

YOUR REPRESENTATIONS, WARRANTIES, AND COVENANTS

You represent, warrant, and covenant that:

You have full power and authority to enter into and perform this Agreement and to exploit Integrations and Apps without violating any other agreement or undertaking.Integrations, Apps, and their use will not violate any third-party rights (including intellectual property rights and rights of privacy or publicity) or any applicable laws or regulations.All information that you provide to AutomateTech Solutions is and will be true, accurate, and complete.(1) Integrations will not facilitate any violation of the regulations of the U.S. Department of Commerce, or any other export or import restrictions, laws, or regulations of the United States; and (2) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services. You will not interfere with AutomateTech Solutions business practices, including with respect to the Services or Platform.

AUTOMATETECH SOLUTIONS
RIGHTS WITH RESPECT TO INTEGRATIONS

You hereby grant to AutomateTech Solutions an exclusive (as to third parties), perpetual, irrevocable, sublicensable right and license to copy, modify, use, make derivative works of, improve, update, upgrade, add to, and distribute Integrations in connection with the Services, provided that AutomateTech Solutions will not intentionally remove functionality from Integrations other than to bring them into compliance with this Agreement (including Sections 5 and 6) or to address errors, bugs, security, availability, connectivity, or other similar issues. For clarity, the foregoing exclusivity means that only you (subject to Section 2 and the other terms and conditions of this Agreement) and AutomateTech Solutions (or its sublicensees) may exercise any rights in Integrations, except that either you or AutomateTech Solutions may permit end users to use Integrations in connection with their permitted use of the Services. This license will survive any termination of this Agreement. AutomateTech Solutions may exercise the foregoing rights through contractors providing services to AutomateTech Solutions, solely in their capacities as service providers to AutomateTech Solutions. You agree to provide AutomateTech Solutions with the source code for Integrations upon request.

You will immediately notify AutomateTech Solutions in writing if you become aware of third parties using Integrations other than in connection with the Services or otherwise in violation of this Agreement, and you will use best efforts to cause such third parties to cease such use. You agree that AutomateTech Solutions will have the right (but not the obligation) to take action against such third party, including by enforcing any intellectual property rights in Integrations against such third party. You will cooperate with AutomateTech Solutions in connection with any such action, including, if necessary, by being joined as a party to such action.

AutomateTech Solutions may collect and analyze data and other information relating to the provision, use, or performance of the Platform, Integrations, and related systems and technologies. AutomateTech Solutions may: (i) use such data and information to improve and enhance the Platform, Integrations, Services, and/or AutomateTech Solutions business; and (ii) disclose such data and information in aggregated or other de-identified forms in connection with its business. AutomateTech Solutions Privacy Policy located at: https://automatetechsolutions.com/privacy-policy is hereby incorporated into and made a part of this Agreement.

PROCESSING OF DATA

The parties hereby acknowledge and agree that when an end user uses Integrations to Process User Data, such end user is the “data controller” (as such term is defined under applicable data privacy laws) of their User Data. AutomateTech Solutions is the “data processor” or “service provider,” as applicable (as such terms are defined under applicable data privacy laws) of such User Data in AutomateTech Solutions possession. You are the “data processor” or “service provider,” as applicable (as such terms are defined under applicable data privacy laws) of such User Data in your possession. Each party hereby agrees to comply with applicable laws.