Automating DNA Terms of Service
Effective Date: May 16, 2025
Welcome to Automating DNA! These Terms of Service ("Terms") govern your access to and use of the website https://automatingdna.com/ (the "Website"), and the AI-powered automation solutions, software, chatbots, and related services (collectively, the "Services") offered by Automating DNA ("Automating DNA," "we," "us," or "our").
By accessing our Website or using our Services, you, whether as an individual or on behalf of an entity you represent ("Client," "you," or "your"), agree to be bound by these Terms and our Privacy Policy (available at ./privacy-policy.html), which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use our Services.
1. Description of Services
Automating DNA provides innovative AI and automation solutions designed to help businesses streamline operations, save time, and improve efficiency. Our Services may include, but are not limited to, AI-powered scheduling, automated document management, AI chatbots for client interaction and lead qualification, automated lead follow-up, client reminders, and other related technological solutions.
2. Eligibility and Account Registration
To use certain features of our Services, you may be required to provide information about your business. You agree to provide accurate, current, and complete information during any registration process or otherwise in connection with your use of the Services. You are responsible for safeguarding any account credentials and for all activities that occur under your account.
3. Use of Services and Client Conduct
You agree to use our Services only for lawful purposes and in accordance with these Terms. You are responsible for all data, information, and content that you or your end-users input, upload, or transmit through the Services ("Client Content").
You agree not to:
- Use the Services in any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Automating DNA or users of the Services or expose them to liability.
- Use the Services to transmit any abusive, harassing, defamatory, obscene, fraudulent, or otherwise objectionable content.
- Infringe upon the intellectual property rights of Automating DNA or any third party.
4. SMS and Text Message Communications
By providing your mobile phone number and affirmatively consenting to receive SMS/text messages from Automating DNA (e.g., by checking a consent box on a web form, through a service agreement, via chatbot opt-in, or by explicit verbal consent confirmed via SMS), you agree to these specific terms regarding SMS communications:
- Consent: You acknowledge that you are providing express written consent for Automating DNA to send you informational, transactional, and operational SMS/text messages related to your inquiries, account, our Services, appointments, and service updates.
- Purpose: Messages may include appointment reminders, service notifications, responses to your inquiries, updates on your services with us, and other information relevant to your relationship with Automating DNA, consistent with our A2P 10DLC campaign registration.
- Frequency: Message frequency will vary depending on your interactions with us and the services you use.
- Message and Data Rates: You understand that "Message and data rates may apply" from your mobile carrier for any SMS messages sent to you from us and to us from you. Automating DNA is not responsible for these charges.
- Opt-Out: You may opt-out of receiving SMS messages from Automating DNA at any time by replying "STOP" to any message you receive from us. You may receive one final message confirming your opt-out. For assistance, reply "HELP" to any message or contact us as described below.
- No Guarantees: You acknowledge that SMS delivery is not guaranteed and may be subject to interruption or delay by mobile carriers or other factors outside of our control.
- Privacy: Your mobile phone number and the content of SMS messages will be handled in accordance with our Privacy Policy. As stated in our Privacy Policy, mobile information collected for SMS programs will not be shared with or sold to third parties or affiliates for their own marketing or promotional purposes.
5. Client Responsibilities for End-User Data (If Applicable)
If you use Automating DNA's Services to communicate with your own clients or end-users (e.g., sending messages through a platform we provide), you represent and warrant that you have obtained all necessary consents and permissions from such individuals to collect, use, and share their information in connection with the Services, including for sending them communications, and that such collection and use complies with all applicable laws, including privacy and anti-spam legislation.
6. Intellectual Property Rights
The Services and all original content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Automating DNA, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes, subject to these Terms.
7. Fees and Payment
Specific fees and payment terms for our Services will be set forth in a separate service agreement, order form, or as detailed on our Website. You agree to pay all applicable fees as described.
8. Term and Termination
These Terms will remain in full force and effect while you use the Services. We may suspend or terminate your access to the Services at any time, for any reason, including for any breach of these Terms, in our sole discretion. Upon termination, your right to use the Services will immediately cease.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. AUTOMATING DNA MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AUTOMATING DNA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
11. Indemnification
You agree to defend, indemnify, and hold harmless Automating DNA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your Client Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
12. Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of Canada or the courts of the Province of Alberta, in each case located in the City of Calgary.
13. Changes to Terms of Service
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Automating DNA
Email: info@automatingdna.com
Website: https://automatingdna.com/