Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by MF Automations LLC, a Florida limited liability company ("MF Automations," "we," "us"). By creating an account, signing an order form, or using the Services, you agree to these Terms. If you are agreeing on behalf of an organization, you represent that you have authority to bind it.

1. Definitions

• Services — the AI operator platform, automations, integrations, telephony and messaging handling, and any professional services we provide to you.
• AI Operator — an automated agent we configure for you that answers calls, sends and receives messages, handles email, or executes workflows on your behalf.
• End User — any third party who interacts with your AI Operator, including your customers, callers, and message recipients.
• Customer Data — data you provide, and data your AI Operator collects from End Users, including call recordings, transcripts, messages, and contact records.

2. Eligibility and accounts

You must be at least 18 and have authority to enter contracts. You agree to provide accurate registration information and to keep your credentials confidential. You are responsible for all activity under your account. Notify us at [email protected] immediately if you suspect unauthorized access.

3. The Services

We provide the Services on a subscription basis, and may also provide custom implementation work under a separate statement of work. We may modify, improve, or discontinue features; where a change materially reduces core functionality we will give at least 30 days' notice.

No guaranteed availability. The Services depend on third-party carriers, model providers, and infrastructure. We do not commit to an uptime service level unless one is stated in a signed order form.

Not an emergency service. The Services are not a substitute for emergency, medical, legal, financial, or safety-of-life systems, and must not be used to receive or route emergency calls.

4. Subscriptions and billing

By subscribing you authorize us to charge your payment method on a recurring basis at the rate for your plan. Billing, free trials, automatic renewal, and cancellation are governed in full by our Billing, Trial & Cancellation Terms, which are incorporated into these Terms by reference. Usage-based charges — including telephony minutes, message segments, and model usage — are billed in arrears on the following invoice.

5. Your responsibilities as the deploying party

You represent and warrant, on a continuing basis, that:

• You have all consents required to contact each End User by phone, text, or email, including any prior express written consent required by the Telephone Consumer Protection Act (47 U.S.C. § 227) and its implementing rules for autodialed, prerecorded, or artificial-voice calls and for marketing text messages;
• You maintain records evidencing each such consent, and will produce them to us on request;
• You honor opt-out, do-not-call, and revocation requests promptly and across all channels;
• You have the right to provide us with all Customer Data and to have us process it;
• Your use of the Services complies with all laws applicable to your industry, including any sector rules governing health, financial, legal, or consumer information;
• You comply with our Acceptable Use Policy and our Call Recording & AI Voice Disclosure requirements.

6. AI-generated output

The AI Operator produces speech, text, and actions generated by automated systems. Output may be incorrect, incomplete, or inappropriate to a given situation. You are responsible for configuring appropriate escalation paths, for reviewing output that drives a consequential decision, and for the consequences of actions the AI Operator takes on your behalf within the scope you configured.

We do not warrant that AI output is accurate, and we make no representation that output is free of third-party rights. You may not use the Services to represent AI output as human-authored where a law or professional rule requires disclosure of automation.

7. Call recording and consent

The Services may record, store, and transcribe telephone calls. Florida and several other states require the consent of every party to a recorded communication.

Allocation of responsibility. As between you and MF Automations, you are responsible for ensuring that every party to a recorded call has given the consent applicable law requires, including by using the disclosure language we supply and by not disabling, shortening, or modifying it. We provide the recording capability and the disclosure tooling; we do not control who calls you or where they are located.

You may disable recording for your account at any time by written request to [email protected]. Full requirements are set out on our Call Recording & AI Voice Disclosure page, incorporated by reference.

8. Messaging

If the Services send SMS or MMS on your behalf, you additionally agree to our Messaging Terms and to the carrier and CTIA requirements described there, including opt-in evidence, required keyword handling, and prohibited content categories. Carriers may filter, delay, or block messages at their discretion; we are not liable for carrier filtering.

9. Data, privacy, and processing roles

For Customer Data collected from End Users, you are the controller and we are the processor. Our processing is governed by our Data Processing Addendum, incorporated by reference, which prevails over these Terms to the extent of any conflict concerning personal data. For data about you as our own customer, we act as controller under our Privacy Policy.

We do not sell Customer Data, and we do not use Customer Data to train general-purpose models.

10. Intellectual property

The Services, and all software, prompts, configurations, and materials comprising them, are owned by MF Automations LLC or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during your subscription term.

You retain ownership of Customer Data. You grant us a limited license to host, process, and transmit it solely to provide, secure, and support the Services. We may use aggregated and de-identified data — data that cannot reasonably be used to identify you or any End User — to operate and improve the Services.

11. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Services with at least reasonable care, and will not use it except to perform under these Terms. This does not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law, provided the receiving party gives notice where legally permitted.

12. Suspension

We may suspend the Services immediately, in whole or in part, if we reasonably believe your use violates the Acceptable Use Policy or applicable law, creates a risk of carrier or regulator action against us, or threatens the security or integrity of the Services. Where practical we will give notice and an opportunity to cure.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY CALL OR MESSAGE WILL BE DELIVERED, OR THAT AI OUTPUT WILL BE ACCURATE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITS DO NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS, YOUR PAYMENT OBLIGATIONS, OR EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

15. Indemnification

You will defend, indemnify, and hold harmless MF Automations LLC and its members, officers, employees, and agents from any third-party claim, and any resulting damages, fines, penalties, settlements, and reasonable attorneys' fees, arising from: (a) your breach of Section 5, 7, or 8; (b) any claim by an End User relating to a call, recording, or message made or received through your AI Operator; (c) any TCPA, state telemarketing, wiretap, or consumer-protection claim relating to your use of the Services; or (d) Customer Data you provided or directed us to process.

We will defend you against a third-party claim that the Services as provided by us infringe a U.S. patent, copyright, or trademark, subject to the liability cap in Section 14.

16. Term and termination

Either party may terminate for convenience effective at the end of the then-current billing period. Either party may terminate for material breach on 30 days' written notice if the breach is not cured. On termination, your license ends, and we will delete or return Customer Data in accordance with the DPA. Sections 10, 11, 13, 14, 15, 17, and 18 survive.

17. Governing law and dispute resolution

These Terms are governed by the laws of the State of Florida without regard to conflict of law rules. The parties will first attempt to resolve any dispute informally for 30 days after written notice.

Any unresolved dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Miami-Dade County, Florida, before a single arbitrator. Either party may bring an individual action in small claims court, and either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

18. General

These Terms, together with the Privacy Policy, DPA, Acceptable Use Policy, Messaging Terms, Billing Terms, and any order form, are the entire agreement. If a provision is unenforceable, the rest remains effective. Neither party may assign without consent, except in connection with a merger or sale of substantially all assets. Our failure to enforce a provision is not a waiver.

Changes. We may modify these Terms. Material changes take effect no earlier than 30 days after we post the revised Terms and notify you by email. Continued use after the effective date constitutes acceptance.

19. Contact

MF Automations LLC
233 NE 27th St, Miami, FL 33137
Email: [email protected]
Phone: (305) 965-9624

MF Automations LLC · 233 NE 27th St, Miami, FL 33137 · [email protected] · (305) 965-9624