Terms Of Service

Last Updated: July 2025

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH INSCENDO AUTOMATIONS, INC., (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE PLATFORM/SERVICES IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT.

ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND INSCENDO AUTOMATIONS, INC. AND ITS RESPECTIVE OFFICERS, DIRECTORS, AND AFFILIATES (HEREINAFTER REFERRED TO AS “INSCENDO AUTOMATIONS,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM.

Inscendo Automations reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

Inscendo Automations is only providing the Platform for your business use without any promise of exclusivity. We are not responsible for any interactions between you and your customers, other than providing access to the Platform. Inscendo Automations is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

1. Use of Platform

1.1. Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating an Account, or using the Platform, you represent that you are at least 18 years old.

1.2 Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for an Account. The Platform is intended for business use. As the individual who accepts these Terms, you are the owner of the Account unless you are acting on behalf of a business entity, in which case, the business entity is the owner of the Account. If you accept these Terms on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these terms.

1.3 Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates any applicable law or regulation. You represent and warrant that you own or control all rights in and to all content you provide to Inscendo Automations.

1.4 Compliance. You are solely responsible for your use of the Platform and Services, including compliance with all applicable laws and regulations such as HIPAA and other data privacy laws. Inscendo Automations is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any specific laws or regulations.

1.5 Privacy. By using the Platform, you consent to Inscendo Automations' use and disclosure of information in accordance with our Privacy Policy. You must implement and enforce your own terms of service and Privacy Policy for your customers, providing a level of protection at least equal to that provided to you by us.

1.6 Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Account, whether or not authorized by you. You agree to notify us immediately of any unauthorized access or use.

1.7 Use of Communication Services. The Platform may include communication features like SMS and email. If you use these features, you are exclusively responsible for all communications sent, including compliance with all governing laws (e.g., TCPA, CAN-SPAM). Inscendo Automations is a technology platform provider only and does not originate or send any communications.

1.8 Third-Party Services. You may access certain Third-Party Services through the Platform. Inscendo Automations is not responsible for any act or omission of any Third-Party Services provider. Your use of Third-Party Services is governed by your agreement with that third party.

2. White Labeling and Resale

2.1 Resale Restrictions. When reselling access to the Platform, you are fully liable to your customers for their access and use. You are solely responsible for resolving all customer disputes and inquiries. Failure to do so may result in the termination of your Account.

2.2 White Label License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Platform for re-branding and reselling under your own white-label brand. You are solely responsible for all intellectual property concerns connected with your customized look and feel.

3. Code of Conduct

You represent and warrant that, when using the Platform, you will comply with all applicable laws and will not engage in prohibited uses, including but not limited to: violating laws, exploiting or harming others, sending spam, impersonating others, or introducing malicious software. Please see Exhibit A for a full list of prohibited conduct.

4. Payment

4.1 Fees and Auto-Renewal. You agree to provide accurate billing information. Your use of the Platform is subject to timely payment of all Fees. We will automatically charge the card on file when your Fees are due.

4.2 Late Payments. If we are unable to process your payment, your Account may be suspended or canceled. You agree to reimburse us for all expenses incurred to recover sums due, including attorney fees.

4.3 Cancellations. You are solely responsible for the proper cancellation of your Account. You can cancel your subscription through your Account settings or by contacting our support team.

4.4 Refunds. All Fees are non-refundable. This includes subscription fees and fees for Third-Party Services, regardless of whether you used the Platform. We reserve the right to issue or deny a refund or credit in our sole discretion.

4.5 Taxes. All Fees are exclusive of any applicable Taxes. You are exclusively responsible for all Taxes associated with your use of the Platform and your transactions with your customers.

5. Intellectual Property

5.1 Platform Content. The Platform and its content are the property of Inscendo Automations or its licensors and are protected by intellectual property laws. We grant you a personal, non-exclusive license to access and use the Platform Content while using the Platform.

5.2 Our Marks. The "Inscendo Automations" name, logo, and related marks are trademarks of Inscendo Automations, Inc. and may not be used without our advance written permission.

5.3 User Contributions. You grant us the right to use, reproduce, and display any content you post or submit ("User Contributions") for the purpose of fulfilling our obligations under these Terms. You are responsible for the legality and accuracy of your User Contributions.

6. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK. WE MAKE NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

7. Limitation of Liability and Indemnification

IN NO EVENT SHALL INSCENDO AUTOMATIONS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR SERVICES DURING THE THREE (3) MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY.

You agree to defend, indemnify, and hold Inscendo Automations harmless against all claims, damages, losses, and expenses arising from your use of the Platform or any breach of these Terms.

8. Dispute Resolution

Applicable Law, Binding Arbitration, and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. The laws of the State of Texas will govern these Terms. Any controversy or claim arising out of or relating to these Terms shall be settled by binding individual arbitration administered by the American Arbitration Association. All claims must be arbitrated on an individual basis and not on a class basis.

9. Contact Information

All notices to Inscendo Automations must be sent to [email protected]. For feedback, comments, or technical support, please contact us at the same email address.

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EXHIBIT A: CODE OF CONDUCT

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which Inscendo Automations may immediately suspend or terminate your Account:

• Use of the Platform in any way that violates any applicable law or regulation.
• Use of the Platform to exploit, harm, or attempt to exploit or harm anyone.
• Use of the Platform to transmit any unlawful advertising or "spam."
• Impersonating or attempting to impersonate Inscendo Automations, an employee, or another user.
• Using any robot, spider, or other automatic device to access the Platform for any unauthorized purpose.
• Introducing any viruses, Trojan horses, or other malicious material.
• Attempting to gain unauthorized access to, interfere with, or disrupt any parts of the Platform.
• Engaging in content related to child sexual exploitation, hateful or violent content, or fraudulent conduct.
• Engaging in any illegal activity or the unauthorized practice of law or medicine.