Terms of Service

These Terms of Service (“Terms”) govern your use of the Automation Marketing platform (the “Service”) provided by N2Open Capital LLC dba Automation Marketing(“Automation Marketing,” “we,” “us”). By creating an account or using the Service, you agree to these Terms.

The Service

Automation Marketing helps marketing agencies find local businesses, score them on marketing service gaps, produce evidence-based audit reports, and generate go-to-market assets such as email sequences and call scripts. The Service is intended for business and professional use only.

Accounts and eligibility

You must provide accurate information, keep your credentials secure, and be responsible for activity in your account. You must be able to form a binding contract and use the Service on behalf of a business.

Credits, subscriptions, and billing

• Paid features are accessed with credits. A search (“pull”) and a marketing report each consume credits at the rates shown in the app.
• Subscriptions include a monthly credit allotment that resets each billing period and does not roll over. Purchased top-up credits do not expire while your account is active.
• Credits have no cash value, are not transferable, and are not redeemable for cash.
• Subscriptions renew automatically until cancelled. You authorize us and our payment processor (Stripe) to charge your payment method on a recurring basis.
• Except where required by law, fees and credit purchases are non-refundable.
• We may change prices or plan features with reasonable notice; changes apply to the next billing period.

Acceptable use

You agree not to:

• Use the Service unlawfully or in violation of any third party’s rights.
• Send outreach generated with the Service in violation of anti-spam or privacy laws (for example the CAN-SPAM Act, CASL, or the GDPR). The Service generates outreach assets; it does not send them, and you are solely responsible for any messages you send.
• Resell, redistribute, or scrape data obtained through the Service in violation of our or our data providers’ terms.
• Reverse engineer, interfere with, or attempt to gain unauthorized access to the Service.

Data accuracy and no guarantee of results

Audit scores, signals, and enriched contact data are derived from third-party sources and automated analysis and are provided on an “as is” basis. They are estimates, may be incomplete or inaccurate, and are not a guarantee. We do not guarantee any particular business outcome, number of leads, or clients won.

Intellectual property

We own the Service and its underlying software and content. You retain ownership of the data you input. Reports and outreach assets you generate are licensed to you for use in your own business.

Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

Limitation of liability

To the fullest extent permitted by law, Automation Marketing will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability for any claim relating to the Service will not exceed the amount you paid us in the twelve months before the claim.

Indemnification

You agree to indemnify and hold Automation Marketing harmless from claims arising out of your use of the Service or your violation of these Terms or applicable law, including any outreach you send.

Termination

You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms or to protect the Service. Provisions that by their nature should survive termination will survive.

Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above; continued use after changes means you accept them.

Governing law

These Terms are governed by the laws of the State of Colorado, USA, without regard to conflict-of-law rules.

Contact

Questions about these Terms: info@n2open.com.