Platform Terms and Conditions

Last Updated: November 2024

1. Acceptance of Terms

By accessing or using the Automatrix platform (the “Service”), you agree to abide by these Terms and Conditions (“T&Cs”) as well as any related policies, including our Privacy Policy. These T&Cs apply to all users and supplement the terms of any applicable SaaS Service Agreement between Automatrix and its customers. Continued use of the Service indicates your acceptance of these terms.

2. Definitions

  • Service: The SaaS platform provided by Automatrix, including all associated features and functionalities.
  • Third-Party Integrations: Additional services or functionalities integrated with the Service, provided by third-party providers such as Manheim, Google, JD Power, etc.
  • User: Any individual or entity that accesses or uses the Service.

3. Account Setup and Responsibilities

  • Users must provide accurate information and maintain the security of their account credentials.
  • Users agree not to share login details with unauthorized parties and are solely responsible for activities occurring under their account.

4. User Conduct

  • Users shall not misuse the Service, including any unauthorized access or interference with other users or networks.
  • All Users must comply with applicable laws and shall not engage in activities that harm or infringe upon the intellectual property rights or privacy of others.

5. License and Access Rights

  • Automatrix grants Users a non-exclusive, non-transferable, revocable license to use the Service.
  • This license is subject to compliance with these T&Cs and does not permit any form of resale, redistribution, or sublicense without explicit permission from Automatrix.

6. Third-Party Integrations

a. Supported Integrations

  • The Service includes optional integrations with third-party providers, such as Manheim, Google, NADA, JD Power, Black Book, Chrome Data, Ituran, DealerTrack, CarGurus, GoldStar GPS, Passtime, Repay, PayNearMe, and Zoho.
  • Users acknowledge that access to and use of these integrations may require separate accounts or agreements with these third parties.

b. Limitations and Risks Associated with Integrations

  • Data Privacy and Security: Automatrix makes reasonable efforts to secure data transmitted to third-party integrations. However, once data is transmitted to or processed by third-party providers, Automatrix is not responsible for their data handling practices. Users are encouraged to review each third-party provider’s privacy policy.
  • Availability: Integrations may experience downtime, limitations, or functionality changes outside of Automatrix’s control. Automatrix is not liable for any loss of functionality or access due to third-party provider issues.
  • Service Disruptions: Integrations may become unavailable or unsupported due to technical or legal changes in the third-party provider’s service. Automatrix will provide notice of changes impacting integrations as feasible but disclaims responsibility for any disruption or resulting damages.
  • Fees and Usage Charges: Access to certain integrations may incur additional fees or charges set by third-party providers. Automatrix is not responsible for these fees or any changes to pricing by third-party providers.

c. Data Sharing and Consent

  • Users authorize Automatrix to share necessary data with third-party providers to facilitate integrations.
  • Users acknowledge that data shared with third parties may be subject to the third parties’ own data collection, storage, and usage practices, which Automatrix does not control.

7. Fees and Payments

  • Users agree to pay applicable fees for using the Service, including any additional fees for integrations, in accordance with the pricing structure and billing terms specified at the time of registration or as modified with notice.

8. Intellectual Property

  • All intellectual property rights in the Service and its content remain the exclusive property of Automatrix.
  • Users are granted a limited license to access and use the Service; copying, modification, or redistribution of content is prohibited.

9. Termination of Service

  • Automatrix reserves the right to terminate or suspend access to the Service, with or without notice, for any violation of these T&Cs.
  • Upon termination, Users must cease all use of the Service and remove any copies of Automatrix materials.

10. Disclaimers and Limitations of Liability

a. Disclaimer of Warranties

  • The Service and all integrations are provided on an “as-is” basis. Automatrix disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
  • Automatrix does not guarantee the accuracy, reliability, or availability of integrations, nor the Service’s compatibility with third-party providers.

b. Limitation of Liability

  • Automatrix is not liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with the use of or inability to use the Service or third-party integrations, even if advised of the possibility of such damages.
  • In jurisdictions not allowing certain limitations, Automatrix’s liability shall be limited to the fullest extent permitted by law.

11. Indemnification

  • Users agree to indemnify, defend, and hold harmless Automatrix from any claims, liabilities, damages, and expenses (including legal fees) arising from their use of the Service or violation of these T&Cs.

12. Arbitration and Waiver of Jury Trial

a. Arbitration Agreement

  • Any dispute, claim, or controversy arising from or relating to these T&Cs, the Service, or any related matters shall be resolved through binding arbitration, administered by AAA under its rules.
  • Arbitration shall take place in Miami-Dade County, Florida, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

b. Waiver of Class Actions and Jury Trial

  • Users agree to waive any right to a trial by jury or to participate in a class action lawsuit against Automatrix. All claims and disputes must be pursued on an individual basis, not as part of any class or representative action.

13. Changes to Terms

• Automatrix reserves the right to modify these T&Cs at any time. Users will be notified of material changes, and continued use of the Service following such notice constitutes acceptance of the new terms.

14. Governing Law and Jurisdiction

• These T&Cs are governed by the laws of Florida, without regard to conflict of laws principles.

• Any dispute arising from or relating to these T&Cs shall be resolved exclusively in the courts of Florida.

15. Contact Information

For questions or concerns regarding these Terms and Conditions, please contact Automatrix at:

21025 NW 2nd Ave
4th Floor
Miami, Florida 33169

info@automatrix.com

(954) 228-8595