Terms of Service

Please read these Terms of Service ("Terms") carefully before using the IV Automate services operated by IV Automate ("we," "us," or "our").

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the service.

1. Description of Service

IV Automate provides digital growth services for local service businesses, including professional websites, Google Business Profile setup and ongoing management, review strategy, and messaging automation (launching soon).

IV Automate is in the process of activating SMS messaging for its own customer support and demo inquiries. When activated, messages will only be sent in response to inbound texts or explicit requests. Any future client messaging automation will operate under the client's own separately registered Brand and Campaign per carrier requirements.

2. Messaging Consent and Opt-Out

IV Automate is activating SMS messaging for customer support and demo inquiries. When you contact IV Automate via SMS (once activated), you consent to receive conversational text messages from IV Automate in response to your inquiry. Regarding consent and opt-out:

• Consent: By texting IV Automate's number (when activated), you consent to receive SMS responses related to your inquiry. Consent is not required to purchase any service.
• Opt-In Required: IV Automate will only send messages to individuals who have initiated contact or who have provided explicit prior consent to receive messages.
• STOP Handling: When a recipient texts STOP (or STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT), IV Automate will send one final automated confirmation message acknowledging the opt-out request. No further communication will occur after this confirmation message unless the user re-initiates contact.
• HELP Handling: When a recipient texts HELP, they will receive information about IV Automate's services and how to contact us, including a non-SMS contact method.

3. Automated Decision-Making and Right to Human Intervention

Our service uses artificial intelligence to power automated responses. You acknowledge that:

• Some responses to messages may be generated by AI systems rather than humans
• You have the right to request human intervention at any time by texting HUMAN or by contacting us at support@ivautomate.com
• IV Automate maintains appropriate human oversight of automated communications

4. Prohibited Content (SHAFT)

You may not use our service to send messages containing or promoting:

• Sex: Sexual or adult content, pornography, escort services, or sexually explicit material
• Hate: Hate speech, harassment, threats, discrimination, or content promoting violence against any group
• Alcohol: Alcohol sales, promotions, or marketing (unless properly licensed and compliant with all applicable laws)
• Firearms: Firearms, weapons, ammunition, or explosives sales or promotions
• Tobacco: Tobacco products, vaping products, or cannabis sales or promotions

5. Account Registration and Responsibilities

To use our services, you must:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

6. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Send unsolicited messages (spam) or marketing messages to individuals who have not opted in
• Violate any applicable laws, regulations, or carrier policies regarding messaging
• Send messages containing illegal, harmful, threatening, abusive, harassing, defamatory, or objectionable content
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the service or servers or networks connected to the service
• Attempt to gain unauthorized access to any portion of the service or any other systems or networks
• Use the service for any purpose that is fraudulent or otherwise illegal
• Share or sell access to your account with third parties
• Use IV Automate’s SMS number to send messages unrelated to IV Automate’s services or without proper consent

7. Messaging Compliance

You are responsible for ensuring that your use of our messaging services complies with all applicable laws and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA)
• The CAN-SPAM Act
• FCC regulations regarding one-to-one consent
• CTIA messaging principles and guidelines
• Carrier-specific guidelines and messaging policies
• State and local regulations regarding electronic communications

You agree to only send messages to individuals who have provided explicit consent to receive such messages from your specific business. You must honor all opt-out requests promptly and maintain appropriate records of consent.

8. Fees and Payment

You agree to pay all fees associated with your use of our services as described in your service agreement. Fees may include:

• Monthly subscription fees
• One-time setup fees
• Carrier messaging costs (charged separately based on usage)

We reserve the right to modify our pricing with reasonable notice. Failure to pay fees may result in suspension or termination of your account.

9. Service Availability

We strive to maintain high availability of our services but do not guarantee uninterrupted access. The service is provided on an "as is" and "as available" basis. We may temporarily suspend the service for maintenance, updates, or other operational reasons.

10. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.

You retain ownership of your customer data. We process your data only to provide the services and as described in our Privacy Policy.

11. Intellectual Property

The service and its original content, features, and functionality are and will remain the exclusive property of IV Automate. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

12. Limitation of Liability

To the maximum extent permitted by applicable law, IV Automate shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the service
• Any bugs, viruses, or similar issues transmitted through the service
• Carrier filtering, blocking, or delays in message delivery

13. Disclaimer of Warranties

The service is provided "as is" without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any specific business results from using our services. We do not guarantee message delivery, as this is subject to carrier policies and recipient device availability.

14. Indemnification

You agree to defend, indemnify, and hold harmless IV Automate and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the service, your violation of these Terms, or your violation of any third-party rights including messaging consent requirements.

15. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the service will immediately cease.

You may terminate your account at any time by contacting us. Upon termination, we will delete your data in accordance with our data retention policies, unless we are required to retain it for legal purposes.

16. Account Suspension

We reserve the right to suspend accounts that:

• Violate carrier policies or messaging regulations
• Generate excessive complaints or opt-out requests
• Engage in sending unsolicited or spam messages
• Send SHAFT-prohibited content
• Fail to respond to human intervention requests in a timely manner
• Fail to pay fees when due
• Otherwise violate these Terms

17. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the service after such modifications constitutes your acceptance of the new Terms.

18. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

19. Contact Us

If you have any questions about these Terms, please contact us at:

Email: support@ivautomate.com
Phone: +1 909-272-0425