Terms Of Service
Actify Automations LLC
Last Update: July 11, 2025
By accessing or using the services of Actify Automations LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services available at https://actifyautomations.com (the "Service").
Services
Client Responsibilities
Payment Terms & Billing
Data Protection & Confidentiality
Intellectual Property
Service Levels & Support
Disclaimers & Limitation of Liability
Termination
Force Majeure
Governing Law & Dispute Resolution
Performance Claims
General Provisions
Contact Information
By accessing or using the services of Actify Automations LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services available at https://actifyautomations.com (the "Service").
Services
Client Responsibilities
Payment Terms & Billing
Data Protection & Confidentiality
Intellectual Property
Service Levels & Support
Disclaimers & Limitation of Liability
Termination
Force Majeure
Governing Law & Dispute Resolution
Performance Claims
General Provisions
Contact Information
By accessing or using the services of Actify Automations LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services available at https://actifyautomations.com (the "Service").
Services
Client Responsibilities
Payment Terms & Billing
Data Protection & Confidentiality
Intellectual Property
Service Levels & Support
Disclaimers & Limitation of Liability
Termination
Force Majeure
Governing Law & Dispute Resolution
Performance Claims
General Provisions
Contact Information
1. Services
1.1 Service Offerings
We provide comprehensive automation services including:
LeadEngage by Actify Automations: Managed lead automation service handling new lead engagement and database reactivation through AI-driven conversations and multi-channel campaigns.
CustomFlow by Actify Automations: Bespoke automation service analyzing your unique processes and building custom automation solutions with ongoing management.
InvoiceFlow by Actify Automations: Specialized automation service for invoice and utility bill processing with complete data extraction, validation, and system integration.
1.2 Service Delivery Model
All services are delivered as fully managed solutions where we build, deploy, and operate automation systems on your behalf. You receive the benefits of automation without managing any technology infrastructure.
1.3 Future Services
We may introduce additional automation services, marketing materials, case studies, and informational resources. New services will be subject to these Terms unless otherwise specified.
1. Services
1.1 Service Offerings
We provide comprehensive automation services including:
LeadEngage by Actify Automations: Managed lead automation service handling new lead engagement and database reactivation through AI-driven conversations and multi-channel campaigns.
CustomFlow by Actify Automations: Bespoke automation service analyzing your unique processes and building custom automation solutions with ongoing management.
InvoiceFlow by Actify Automations: Specialized automation service for invoice and utility bill processing with complete data extraction, validation, and system integration.
1.2 Service Delivery Model
All services are delivered as fully managed solutions where we build, deploy, and operate automation systems on your behalf. You receive the benefits of automation without managing any technology infrastructure.
1.3 Future Services
We may introduce additional automation services, marketing materials, case studies, and informational resources. New services will be subject to these Terms unless otherwise specified.
1. Services
1.1 Service Offerings
We provide comprehensive automation services including:
LeadEngage by Actify Automations: Managed lead automation service handling new lead engagement and database reactivation through AI-driven conversations and multi-channel campaigns.
CustomFlow by Actify Automations: Bespoke automation service analyzing your unique processes and building custom automation solutions with ongoing management.
InvoiceFlow by Actify Automations: Specialized automation service for invoice and utility bill processing with complete data extraction, validation, and system integration.
1.2 Service Delivery Model
All services are delivered as fully managed solutions where we build, deploy, and operate automation systems on your behalf. You receive the benefits of automation without managing any technology infrastructure.
1.3 Future Services
We may introduce additional automation services, marketing materials, case studies, and informational resources. New services will be subject to these Terms unless otherwise specified.
2. Client Responsibilities
2.1 Information and Cooperation
Clients must:
Provide accurate and complete business information
Grant necessary access to systems and data required for service delivery
Respond promptly to our communications within agreed timeframes
Participate in discovery sessions and testing phases as outlined in service agreements
2.2 Compliance
Clients must:
Comply with all applicable laws, regulations, and ethical guidelines
Ensure their use of our services does not violate third-party rights
Maintain appropriate permissions for data we process on their behalf
Adhere to agreed payment schedules and service terms
2.3 Consequences of Non-Compliance
Failure to meet these responsibilities may result in service delays, suspension, or termination without refund.
2. Client Responsibilities
2.1 Information and Cooperation
Clients must:
Provide accurate and complete business information
Grant necessary access to systems and data required for service delivery
Respond promptly to our communications within agreed timeframes
Participate in discovery sessions and testing phases as outlined in service agreements
2.2 Compliance
Clients must:
Comply with all applicable laws, regulations, and ethical guidelines
Ensure their use of our services does not violate third-party rights
Maintain appropriate permissions for data we process on their behalf
Adhere to agreed payment schedules and service terms
2.3 Consequences of Non-Compliance
Failure to meet these responsibilities may result in service delays, suspension, or termination without refund.
2. Client Responsibilities
2.1 Information and Cooperation
Clients must:
Provide accurate and complete business information
Grant necessary access to systems and data required for service delivery
Respond promptly to our communications within agreed timeframes
Participate in discovery sessions and testing phases as outlined in service agreements
2.2 Compliance
Clients must:
Comply with all applicable laws, regulations, and ethical guidelines
Ensure their use of our services does not violate third-party rights
Maintain appropriate permissions for data we process on their behalf
Adhere to agreed payment schedules and service terms
2.3 Consequences of Non-Compliance
Failure to meet these responsibilities may result in service delays, suspension, or termination without refund.
3. Payment Terms & Billing
3.1 Payment Methods
We accept payments via:
Credit and debit cards
ACH bank transfers
Wire transfers for enterprise accounts
Other methods as mutually agreed
3.2 Billing and Fees
Service Fees: Monthly recurring fees as specified in your service agreement
Implementation Fees: One-time setup costs for custom automation development
Usage Fees: Variable costs based on transaction volume where applicable
Billing Cycle: Monthly in advance unless otherwise specified
3.3 Late Payments
Late payments may incur service suspension after 10 days past due
A late fee of 1.5% per month may be applied to overdue amounts
Services resume upon payment of all outstanding amounts
3.4 Refund Policy
Service Fees: Prorated refunds based on unused service days in current billing period
Implementation Fees: Refunds based on work completed, subject to minimum charges
No Refund Scenarios: Breach of Terms, client-requested termination after service delivery begins
3. Payment Terms & Billing
3.1 Payment Methods
We accept payments via:
Credit and debit cards
ACH bank transfers
Wire transfers for enterprise accounts
Other methods as mutually agreed
3.2 Billing and Fees
Service Fees: Monthly recurring fees as specified in your service agreement
Implementation Fees: One-time setup costs for custom automation development
Usage Fees: Variable costs based on transaction volume where applicable
Billing Cycle: Monthly in advance unless otherwise specified
3.3 Late Payments
Late payments may incur service suspension after 10 days past due
A late fee of 1.5% per month may be applied to overdue amounts
Services resume upon payment of all outstanding amounts
3.4 Refund Policy
Service Fees: Prorated refunds based on unused service days in current billing period
Implementation Fees: Refunds based on work completed, subject to minimum charges
No Refund Scenarios: Breach of Terms, client-requested termination after service delivery begins
3. Payment Terms & Billing
3.1 Payment Methods
We accept payments via:
Credit and debit cards
ACH bank transfers
Wire transfers for enterprise accounts
Other methods as mutually agreed
3.2 Billing and Fees
Service Fees: Monthly recurring fees as specified in your service agreement
Implementation Fees: One-time setup costs for custom automation development
Usage Fees: Variable costs based on transaction volume where applicable
Billing Cycle: Monthly in advance unless otherwise specified
3.3 Late Payments
Late payments may incur service suspension after 10 days past due
A late fee of 1.5% per month may be applied to overdue amounts
Services resume upon payment of all outstanding amounts
3.4 Refund Policy
Service Fees: Prorated refunds based on unused service days in current billing period
Implementation Fees: Refunds based on work completed, subject to minimum charges
No Refund Scenarios: Breach of Terms, client-requested termination after service delivery begins
4. Data Protection & Confidentiality
4.1 Data Handling
We process client data solely to deliver contracted services. All data handling complies with our Privacy Policy and applicable data protection regulations.
4.2 Confidentiality
We maintain strict confidentiality of all client information and business processes. Our team members sign confidentiality agreements covering all client engagements.
4.3 Data Security
We implement enterprise-grade security measures including:
Encrypted data transmission and storage
Regular security audits and monitoring
Access controls limiting data exposure
Incident response procedures
4.4 Data Retention
Client data is retained for 24 months after service termination unless longer retention is required by law or requested by client.
4. Data Protection & Confidentiality
4.1 Data Handling
We process client data solely to deliver contracted services. All data handling complies with our Privacy Policy and applicable data protection regulations.
4.2 Confidentiality
We maintain strict confidentiality of all client information and business processes. Our team members sign confidentiality agreements covering all client engagements.
4.3 Data Security
We implement enterprise-grade security measures including:
Encrypted data transmission and storage
Regular security audits and monitoring
Access controls limiting data exposure
Incident response procedures
4.4 Data Retention
Client data is retained for 24 months after service termination unless longer retention is required by law or requested by client.
4. Data Protection & Confidentiality
4.1 Data Handling
We process client data solely to deliver contracted services. All data handling complies with our Privacy Policy and applicable data protection regulations.
4.2 Confidentiality
We maintain strict confidentiality of all client information and business processes. Our team members sign confidentiality agreements covering all client engagements.
4.3 Data Security
We implement enterprise-grade security measures including:
Encrypted data transmission and storage
Regular security audits and monitoring
Access controls limiting data exposure
Incident response procedures
4.4 Data Retention
Client data is retained for 24 months after service termination unless longer retention is required by law or requested by client.
5. Intellectual Property
5.1 Service Platforms
Our automation platforms, methodologies, and core technology remain our exclusive property.
5.2 Custom Developments
Custom Workflows: Client owns business process designs; we retain technology implementation rights
Integrations: Client receives usage rights; we retain ownership of integration code
Data and Configurations: Client owns their data and business-specific configurations
5.3 Restrictions
You may not:
Reverse engineer or attempt to access our underlying technology
Reproduce or distribute our proprietary materials
Create competing services using our methodologies
Share access credentials with unauthorized parties
5. Intellectual Property
5.1 Service Platforms
Our automation platforms, methodologies, and core technology remain our exclusive property.
5.2 Custom Developments
Custom Workflows: Client owns business process designs; we retain technology implementation rights
Integrations: Client receives usage rights; we retain ownership of integration code
Data and Configurations: Client owns their data and business-specific configurations
5.3 Restrictions
You may not:
Reverse engineer or attempt to access our underlying technology
Reproduce or distribute our proprietary materials
Create competing services using our methodologies
Share access credentials with unauthorized parties
5. Intellectual Property
5.1 Service Platforms
Our automation platforms, methodologies, and core technology remain our exclusive property.
5.2 Custom Developments
Custom Workflows: Client owns business process designs; we retain technology implementation rights
Integrations: Client receives usage rights; we retain ownership of integration code
Data and Configurations: Client owns their data and business-specific configurations
5.3 Restrictions
You may not:
Reverse engineer or attempt to access our underlying technology
Reproduce or distribute our proprietary materials
Create competing services using our methodologies
Share access credentials with unauthorized parties
6. Service Levels & Support
6.1 Uptime Commitment
We target 99.9% uptime for all automation services with proactive monitoring and maintenance.
6.2 Support Coverage
Business Hours: Monday-Friday, 9 AM - 6 PM CT
Response Times: Within 4 hours for critical issues, 24 hours for standard requests
Emergency Support: Available for service-affecting issues
6.3 Maintenance
Scheduled maintenance will be communicated at least 48 hours in advance. Emergency maintenance may occur with minimal notice.
6. Service Levels & Support
6.1 Uptime Commitment
We target 99.9% uptime for all automation services with proactive monitoring and maintenance.
6.2 Support Coverage
Business Hours: Monday-Friday, 9 AM - 6 PM CT
Response Times: Within 4 hours for critical issues, 24 hours for standard requests
Emergency Support: Available for service-affecting issues
6.3 Maintenance
Scheduled maintenance will be communicated at least 48 hours in advance. Emergency maintenance may occur with minimal notice.
7. Disclaimers & Limitation of Liability
7.1 Service Warranties
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 Limitation of Liability
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.
7.3 Excluded Damages
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 Client Systems
We are not responsible for issues arising from client system failures, third-party service outages, or client-controlled integrations.
7. Disclaimers & Limitation of Liability
7.1 Service Warranties
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 Limitation of Liability
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.
7.3 Excluded Damages
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 Client Systems
We are not responsible for issues arising from client system failures, third-party service outages, or client-controlled integrations.
7. Disclaimers & Limitation of Liability
7.1 Service Warranties
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 Limitation of Liability
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.
7.3 Excluded Damages
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 Client Systems
We are not responsible for issues arising from client system failures, third-party service outages, or client-controlled integrations.
8. Termination
8.1 Termination by Either Party
Either party may terminate with 30 days' written notice. Enterprise agreements may have different notice requirements as specified in the contract.
8.2 Immediate Termination
We may terminate immediately if you:
Breach these Terms and fail to cure within 10 days of notice
Fail to pay amounts due within 30 days of invoice date
Engage in illegal or unethical conduct affecting our business
8.3 Effect of Termination
Upon termination:
All unpaid fees become immediately due
We will provide data export in standard formats
Access to our platforms will be discontinued
Confidentiality obligations continue indefinitely
8. Termination
8.1 Termination by Either Party
Either party may terminate with 30 days' written notice. Enterprise agreements may have different notice requirements as specified in the contract.
8.2 Immediate Termination
We may terminate immediately if you:
Breach these Terms and fail to cure within 10 days of notice
Fail to pay amounts due within 30 days of invoice date
Engage in illegal or unethical conduct affecting our business
8.3 Effect of Termination
Upon termination:
All unpaid fees become immediately due
We will provide data export in standard formats
Access to our platforms will be discontinued
Confidentiality obligations continue indefinitely
8. Termination
8.1 Termination by Either Party
Either party may terminate with 30 days' written notice. Enterprise agreements may have different notice requirements as specified in the contract.
8.2 Immediate Termination
We may terminate immediately if you:
Breach these Terms and fail to cure within 10 days of notice
Fail to pay amounts due within 30 days of invoice date
Engage in illegal or unethical conduct affecting our business
8.3 Effect of Termination
Upon termination:
All unpaid fees become immediately due
We will provide data export in standard formats
Access to our platforms will be discontinued
Confidentiality obligations continue indefinitely
9. Force Majeure
Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, network outages, or other force majeure events.
9. Force Majeure
Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, network outages, or other force majeure events.
9. Force Majeure
Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, network outages, or other force majeure events.
10. Governing Law & Dispute Resolution
10.1 Governing Law
These Terms are governed by Texas law, without regard to conflict of law principles.
10.2 Dispute Resolution
Informal Resolution: Parties will first attempt good faith negotiation for 30 days
Mediation: Unresolved disputes proceed to mediation in Houston, Texas
Arbitration: If mediation fails, binding arbitration under American Arbitration Association rules
Venue: State and federal courts in Harris County, Texas for any court proceedings
10.3 Jury Trial Waiver
Both parties waive the right to trial by jury for any disputes arising under these Terms.
10. Governing Law & Dispute Resolution
10.1 Governing Law
These Terms are governed by Texas law, without regard to conflict of law principles.
10.2 Dispute Resolution
Informal Resolution: Parties will first attempt good faith negotiation for 30 days
Mediation: Unresolved disputes proceed to mediation in Houston, Texas
Arbitration: If mediation fails, binding arbitration under American Arbitration Association rules
Venue: State and federal courts in Harris County, Texas for any court proceedings
10.3 Jury Trial Waiver
Both parties waive the right to trial by jury for any disputes arising under these Terms.
10. Governing Law & Dispute Resolution
10.1 Governing Law
These Terms are governed by Texas law, without regard to conflict of law principles.
10.2 Dispute Resolution
Informal Resolution: Parties will first attempt good faith negotiation for 30 days
Mediation: Unresolved disputes proceed to mediation in Houston, Texas
Arbitration: If mediation fails, binding arbitration under American Arbitration Association rules
Venue: State and federal courts in Harris County, Texas for any court proceedings
10.3 Jury Trial Waiver
Both parties waive the right to trial by jury for any disputes arising under these Terms.
11. Performance Claims
11.1 Processing Speed and Accuracy Metrics
Processing speed improvements, accuracy percentages, and ROI calculations referenced in our marketing materials, case studies, and sales presentations are based on implementations with existing clients, including Chesmar Homes divisions and other customer deployments. These metrics represent actual results achieved under specific conditions and configurations.
11.2 Variable Factors Affecting Performance
Actual results may vary significantly based on multiple factors including:
Document Complexity:
Format standardization and consistency
Quality of source documents and scans
Variety of document types and layouts
Language and character recognition requirements
Volume and Processing Characteristics:
Monthly and daily processing volumes
Peak processing periods and timing
Batch sizes and frequency of submissions
Integration complexity with existing systems
System Configuration:
Client system compatibility and performance
Network connectivity and bandwidth
Custom business rules and validation requirements
Integration points and data transformation needs
Business Process Variables:
Staff training and adoption rates
Process standardization and compliance
Exception handling and review procedures
Quality assurance and validation requirement
11.3 Individual Results Disclaimer
Individual client results are not guaranteed to match case study outcomes, benchmark metrics, or performance claims made in marketing materials. Each implementation is unique and success depends on client-specific factors including data quality, process standardization, system compatibility, and operational practices.
11.4 Performance Optimization
We work closely with each client to optimize performance within their specific environment and will make reasonable efforts to achieve results comparable to our published benchmarks. However, we cannot guarantee specific performance levels, processing speeds, or accuracy rates for any individual implementation.
11.5 Reporting and Measurement
Performance metrics will be measured and reported based on mutually agreed-upon criteria established during the implementation phase. Regular performance reviews will identify opportunities for optimization and improvement within your specific operational context.
12. General Provisions
12.1 Changes to Terms
We may update these Terms with 30 days' notice. Continued use after changes constitutes acceptance. Material changes affecting active contracts require mutual agreement.
12.2 Severability
If any provision is found unenforceable, the remainder of these Terms remains in full effect.
12.3 Assignment
You may not assign these Terms without our written consent. We may assign to affiliates or in connection with business transfers.
12.4 Entire Agreement
These Terms, together with your service agreement and our Privacy Policy, constitute the complete agreement between parties.
12. General Provisions
12.1 Changes to Terms
We may update these Terms with 30 days' notice. Continued use after changes constitutes acceptance. Material changes affecting active contracts require mutual agreement.
12.2 Severability
If any provision is found unenforceable, the remainder of these Terms remains in full effect.
12.3 Assignment
You may not assign these Terms without our written consent. We may assign to affiliates or in connection with business transfers.
12.4 Entire Agreement
These Terms, together with your service agreement and our Privacy Policy, constitute the complete agreement between parties.
12. General Provisions
12.1 Changes to Terms
We may update these Terms with 30 days' notice. Continued use after changes constitutes acceptance. Material changes affecting active contracts require mutual agreement.
12.2 Severability
If any provision is found unenforceable, the remainder of these Terms remains in full effect.
12.3 Assignment
You may not assign these Terms without our written consent. We may assign to affiliates or in connection with business transfers.
12.4 Entire Agreement
These Terms, together with your service agreement and our Privacy Policy, constitute the complete agreement between parties.
13. Contact Information
For questions about these Terms, please contact:
Actify Automations LLC
23422 Pearson Bend Ln
Richmond, TX 77469
Email: admin@actifyautomations.com
Phone: (832) 557-6555
13. Contact Information
For questions about these Terms, please contact:
Actify Automations LLC
23422 Pearson Bend Ln
Richmond, TX 77469
Email: admin@actifyautomations.com
Phone: (832) 557-6555
13. Contact Information
For questions about these Terms, please contact:
Actify Automations LLC
23422 Pearson Bend Ln
Richmond, TX 77469
Email: admin@actifyautomations.com
Phone: (832) 557-6555