Effective Date: September 2, 2026
Last Updated: September 2, 2026
These Terms of Service (“Terms”) govern your access to and use of the websites, software, messaging programs, and services provided by AI Automation Agency (“AI Automation Agency,” “we,” “us,” or “our”), including aiautomationagency.com and our client platform at crm.aiautomationagency.com (together, the “Services”).
Please read these Terms carefully. By accessing or using the Services, you agree to be bound by them. If you do not agree, do not use the Services.
1. Who We Are
AI Automation Agency is a marketing and automation agency located at 1420 Kettner Blvd., San Diego, CA 92101. You can reach us at jesse@aiautomationagency.com or (949) 813-2947.
2. The Services
We provide marketing and automation services, which may include AI-powered marketing automation, customer relationship management (CRM) software, lead generation, advertising management, website and funnel development, and related consulting. The specific services provided to you are described in a separate written proposal, order form, or service agreement (“Service Agreement”). If a Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement.
3. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at jesse@aiautomationagency.com if you suspect unauthorized access. We may suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.
4. Platform Access and Client Data
Where we provide access to our CRM platform, we grant you a limited, non-exclusive, non-transferable, revocable license to use it for your internal business purposes for the duration of your subscription. You may not resell, sublicense, reverse engineer, or copy the platform except as expressly permitted in writing.
You retain ownership of the data you or your customers submit through the platform (“Client Data”). You grant us a license to host, process, and transmit Client Data solely to provide the Services. You are responsible for ensuring that you have all necessary rights and consents to collect and process Client Data, including valid consent for any marketing or messaging you send through the platform.
5. Text Messaging Program Terms
This section governs the SMS and MMS messaging program operated by AI Automation Agency.
5.1 Consent
You may opt in to receive text messages from AI Automation Agency by checking a consent box on one of our web forms and providing your mobile number. We use two separate, optional checkboxes — one for non-marketing customer care messages and one for marketing messages. Neither is pre-checked, neither is required, and our forms submit successfully whether you check both, one, or neither. Consent to receive text messages is not a condition of purchasing any goods or services.
5.2 What you will receive
- Customer care and transactional messages — inquiry follow-up, consultation scheduling, appointment confirmations, appointment reminders, and service-related notifications.
- Marketing messages (separate consent only) — service updates, growth insights, special offers, and occasional promotions.
5.3 Message frequency
Message frequency varies based on your activity and the program you opted into. Marketing messages are typically no more than four messages per month.
5.4 Cost
Message and data rates may apply. Messages are sent through your mobile carrier, and any charges are governed by your plan with that carrier. AI Automation Agency does not charge you for receiving text messages.
5.5 How to opt out (STOP)
You can cancel the messaging program at any time by replying STOP to any message you receive from us. After you send STOP, we will send you a single confirmation message and then stop sending messages. You will no longer receive messages from us unless you rejoin.
5.6 How to rejoin (START)
If you opt out and later change your mind, you can rejoin by replying START to the same number, or by submitting a new consent form on our website. You will resume receiving messages for the program you consented to.
5.7 How to get help (HELP)
Reply HELP to any message for assistance, or contact us directly at jesse@aiautomationagency.com or (949) 813-2947.
5.8 Supported carriers and carrier disclaimer
The messaging program is supported by major U.S. carriers, including AT&T, Verizon Wireless, T-Mobile, and their affiliates, as well as many regional carriers. Carrier support may change without notice.
Carriers are not liable for delayed or undelivered messages. We do not guarantee that messages will be delivered, and we are not responsible for delays, failures, or errors in transmission caused by your carrier, your device, or network conditions outside our control.
5.9 Privacy
Your mobile information is handled as described in our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
6. Acceptable Use
You agree not to use the Services to:
- Send unsolicited messages, spam, or any communication that violates the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CTIA guidelines, or carrier requirements;
- Message any person who has not given valid consent, or who has revoked it;
- Transmit unlawful, defamatory, harassing, deceptive, or infringing content;
- Upload malware or attempt to gain unauthorized access to our systems or another user’s account;
- Scrape, reverse engineer, or copy the Services;
- Promote content prohibited by carriers, including illegal substances, firearms, hate speech, adult content, high-risk financial offers, or deceptive claims;
- Use the Services in any manner that could damage, disable, or impair them.
You are solely responsible for the content you send through the Services and for maintaining records of consent for every recipient. We may suspend or terminate access immediately for violations of this section.
7. Fees and Payment
Fees are set out in your Service Agreement. Unless stated otherwise, fees are billed in advance, are non-refundable, and are exclusive of taxes. Subscriptions renew automatically for successive terms unless cancelled in accordance with your Service Agreement.
Late payments may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend the Services for accounts more than fifteen (15) days past due. Advertising spend paid to third-party platforms is your responsibility and is separate from our fees.
8. Intellectual Property
The Services, including all software, designs, text, graphics, logos, and the AI Automation Agency name and marks, are owned by AI Automation Agency or its licensors and are protected by intellectual property laws. These Terms grant you no rights in them except the limited license in Section 4.
Deliverables created specifically for you under a Service Agreement become your property upon full payment, except for our pre-existing materials, templates, frameworks, and tools, which remain ours and which you may use solely as part of the deliverable.
9. Third-Party Services
The Services integrate with third-party platforms, which may include HighLevel, Twilio, Stripe, Google, and Meta. Your use of those platforms is governed by their own terms and privacy policies. We are not responsible for their availability, performance, pricing changes, or acts and omissions. Third-party outages or policy changes may affect the Services.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, secure, or error-free. We do not guarantee any specific business result, including leads, appointments, conversions, revenue, rankings, or return on advertising spend. Marketing results depend on many factors outside our control, including your market, offer, pricing, sales process, and follow-up.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AI AUTOMATION AGENCY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless AI Automation Agency and its officers, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, your content, your Client Data, or your violation of these Terms or applicable law — including any claim arising from messages you sent without valid consent.
13. Term and Termination
These Terms remain in effect while you use the Services. Either party may terminate a Service Agreement according to its terms. We may suspend or terminate your access immediately for material breach, non-payment, or conduct that creates legal or security risk.
On termination, your license to use the platform ends. We will make Client Data available for export for thirty (30) days after termination, after which we may delete it. Sections 8 through 12 and 14 survive termination.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.
Before filing any claim, the parties agree to attempt to resolve the dispute in good faith by contacting each other in writing and allowing thirty (30) days to reach a resolution.
15. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above. Material changes will be communicated through the Services or by email where appropriate. Continued use of the Services after changes take effect constitutes acceptance.
16. Miscellaneous
These Terms, together with any Service Agreement and our Privacy Policy, are the entire agreement between you and AI Automation Agency regarding the Services. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
17. Contact
AI Automation Agency
1420 Kettner Blvd.
San Diego, CA 92101
Email: jesse@aiautomationagency.com
Phone: (949) 813-2947