Terms of Service

Automazing, LLC is the developer and sole owner of the digital platform Notifyer available at https://notifyer.whatsable.com/ ("Platform") including all intellectual property rights ("IP") comprised therein. This Platform enables the users to distribute and broadcast digital content to the user's customers, clients or intended recipients via business messaging SaaS tools and applications ("Services").

This End User License Agreement ("Agreement" or "EULA") is a contract between you ("End User" or "Subscriber") and Automazing, LLC ("Automazing", "we", "us", or "our"), having its office at 18585 Coastal Highway Rehoboth Beach, DE, 19971 US, in respect of access to and use of our proprietary platform Notifyer and the Services.

It is clarified that reference to Notifyer includes this website, including its subdomains; the Platform; applications for mobile, tablet and other smart device systems; the Application Program Interfaces (API); the Service; any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation.

In this EULA, "you" or "End User" refers both to you as an individual and/or to the entity (including its employees) you represent. This EULA governs the terms of use of Notifyer. By accessing or using either as a whole or any part of Notifyer, you accept and agree to be bound by this EULA with effect from the date of access or use of Notifyer ("Effective Date"). If you disagree or do not accept any provision of this EULA, you are advised to immediately cease access to and use of Notifyer.

In the event of conflict between the terms of this EULA and any specific agreement executed between you and Automazing for the provision of Notifyer, the terms of such specific agreement shall prevail. This EULA applies to the entire Platform, use of Service, and any email or other communication between you and Automazing in respect of Notifyer. If you violate this EULA, we reserve the right to cancel your account or block access to your account without any notice and/or liability to you.

You hereby confirm, warrant and represent that you:

Subject to the End User's Warranties as provided above, Automazing hereby grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform ("License") to avail Services upon purchasing any plan as provided at https://notifyer.whatsable.app/#pricing ("Subscription Plan") for the duration of the subscription, subject to the terms and conditions of this EULA. This License is solely for the purpose of accessing the Platform and using the Services in accordance with its intended functionality as described in the purchased Subscription. You shall not sublicense, rent, lease, or otherwise transfer the Platform, the Services or any portion thereof to any third party. All rights not expressly granted herein are reserved by Automazing.

Unless otherwise agreed in writing, the Subscription Plans, as part of the Service, are subject to the following terms:

4.1. You agree not to license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit Notifyer by making the Platform or the Services available for access or use by any third party, including by means of operating a service bureau, outsourcing or time-sharing service.

4.2. Upon your request, Automazing will issue one or more administrator accounts ("Administrator Accounts") to you that provides you with the capability to create accounts for use by individuals who are your employee or contractor (each, an "Administrative User").

4.3. You shall be solely responsible for (i) determining the suitability of Notifyer for your purposes; and (ii) ensuring that your use of Notifyer shall be strictly in accordance with this EULA and the paid Subscription Plan.

4.4. You are responsible for all use of Notifyer accessed through your credentials (directly or indirectly), including ensuring that Administrative Users do not circumvent or disclose any usernames, passwords or other access credentials.

4.5. You shall maintain reasonable security standards for your use and your Administrative Users' use of Notifyer, such as using industry standard virus protection software.

4.6. You shall be solely responsible for the acts and omissions of Administrative Users as if they were your acts and omissions. In particular, you agree not to: (i) access or use Notifyer to host or transmit any content that is illegal or which infringes any third party's rights; (ii) copy, translate, make derivative works, disassemble, decompile, or reverse engineer Notifyer; (iii) access or use Notifyer for the purpose of building competitive products or services; (iv) provide any information, source code or algorithms of Notifyer to any third party; (v) access or use Notifyer in a way intended to avoid incurring fees; or (vi) use any automated tools (i.e. bots) to access Notifyer.

4.7. You will notify Automazing immediately, upon becoming aware of any breach or threatened breach of security including any attempt by a third party to gain unauthorized access to Notifyer or to your account.

5.1. You confirm that you (and your licensors, where applicable) own all right, title and interest in and to the Media Content and End User Data. With respect to any and all Personal Data comprised in the End User Data, you are and shall remain the data controller and Automazing is and shall remain the data processor.

"Media Content" means any content that you transmit over the internet using Notifyer including text, videos, images and document files.

"End User Data" means any content, materials, data and information, including Media Content and Personal Data that you or the Administrative User enter into Notifyer or is otherwise uploaded by you or on your behalf in order to avail the Services.

"Personal Data" means personally identifiable information provided to Automazing by you or on your behalf in connection with this EULA, in the form of End User Data.

5.2. You have obtained, and during the Subscription Term will obtain, all Consents required under applicable law prior to End User Data being entered into Notifyer.

"Consent" means all consents, permissions, notices and authorizations necessary for Automazing to provide the Services.

5.3. You authorize Automazing to process End User Data in accordance with the provisions of this EULA.

5.4. Automazing will not disclose End User Data to any third party except: (i) to an affiliate or subcontractor for the provision of Notifyer; (ii) as reasonably required by applicable Laws; (iii) as required by the EULA or with your written consent; and/or (iv) as necessary for Automazing to establish, defend or exercise its legal rights.

5.5. You hereby grant to Automazing the nonexclusive right to host, store, process, and transfer the End User Data for the purposes of provisioning of and your use of Notifyer as set forth in this EULA; and Automazing's improvement of Notifyer.

5.6. Automazing agrees to destroy End User Data upon termination of this EULA or your Subscription. You acknowledge the continuing right of Automazing to track, collect and compile Aggregated Data in any manner desired by Automazing, and use the Aggregated Data for any purpose.

"Aggregated Data" means End User Data that is collected in the course of providing the Services and that is not identifiable in any way as being related to any individual.

5.7. It is solely your responsibility to maintain appropriate security, protection and back-up of the End User Data. Automazing shall have no liability for any loss or damage arising from your failure to comply with the requirements of this Clause.

6.1. Automazing warrants that it will take reasonable care and use commercially reasonable efforts in arranging and provisioning of the Platform and the Services will be performed in a good and workmanlike manner, in accordance with this EULA. The preceding are the only warranties and over-ride all other warranties, conditions and representations, express or implied.

6.2. Notifyer is provided on an "as-is" and "as-available" basis. Automazing does not make any representations or warranty of any kind, express or implied, including any warranty that Notifyer will be uninterrupted, error free, or free of harmful components. These disclaimers shall apply to the maximum extent permitted by applicable law.

6.3. Accessibility to and functionality of Notifyer may be compromised on your web browser, mobile device(s), and/or operating systems. Automazing cannot guarantee your internet access. You are responsible for ensuring internet access for consumption of Services. Additionally, Automazing relies on the business messaging application program interfaces for delivering its Services. Changes made by business messaging SaaS tools may impact or disrupt the Services. In such cases, both parties reserve the right to terminate this agreement on mutually agreed terms.

6.4. While reasonable efforts are made by Automazing to ensure regular backups are performed, Automazing has no liability towards loss, corruption, or restoration of data. You are responsible for maintaining appropriate security, protection and back-up of your data and content.

7.1. Permitted Purpose and End User Data. You are responsible for ensuring that the use of Notifyer and all End User Data is compliant with the Permitted Purpose. Automazing does not moderate, review, filter or analyze End User Data but reserves the right to remove or block it at its discretion without notice (a) if a complaint or notice of intellectual property infringement is received; (b) upon order of a public authority; or (c) if the content poses a risk to you, Administrative Users, intended recipients, third parties, general public or Notifyer. You also agree to hold Automazing harmless from any claims or damages arising from End User Data.

7.2. Non-compliance. You acknowledge and agree that Automazing shall be permitted to monitor and/or inspect your and Administrative Users' access and usage of Notifyer, limited solely for the purposes of verifying their compliance with the terms of this Agreement. If non-compliance is found it will amount to material breach and Automazing may at its sole discretion (a) terminate this Agreement; or (b) suspend your account till the time such non-compliance is rectified.

You shall defend, indemnify and hold harmless (at your sole expense) Automazing from and against any and all damages, claims, demands, lawsuits, judgments, fines, and penalties (including interest thereon and court costs) caused to or claimed against Automazing arising from or related to: (a) any use of Notifyer by you in violation of any applicable law or regulation; (b) any allegation that the End User Data violates, infringes or misappropriates the rights of a third party (including without limitation right to privacy); or (c) your use of Notifyer or your other acts/omissions in violation of this EULA. The foregoing shall apply regardless of whether such damage is caused by your conduct or by the conduct of a third-party using your access credentials where you have negligently made your credentials available or chosen credentials that are easy to hack into.

9.1. In no circumstance shall Automazing be held liable (whether in contract, tort, negligence, strict liability, by statute, or otherwise) for, even if it has been advised of the possibility of such damages, consequential, indirect, incidental, special, or punitive damages, business interruption, including loss of profits, business, opportunity, data, goodwill or anticipated savings (whether arising directly or indirectly) or damages which are beyond Automazing's reasonable control. This includes any damage, loss, or injury to person or property resulting from your access to or use of Notifyer or unauthorized access to or use of Notifyer's secure servers or cloud services; hacking, tampering, or unauthorized access to/use of Notifyer, your account, or information contained therein; errors, mistakes, or inaccuracies of End User Data; interruption or cessation of transmission to/from Notifyer; bugs, viruses, trojan horses, or similar entities transmitted through Notifyer; and defamatory, offensive, or illegal conduct by you or third parties.

9.2. The sole liability of Automazing to you in relation to any and all claims in any manner related to Notifyer (whether in contract, tort negligence, strict liability in tort, by statute, or otherwise) will be for direct damages, not to exceed in the aggregate the total Subscription Fee paid to Automazing during Subscription Term under which the event giving rise to the claim occurred (and where the Subscription Term exceeds a period of 12 months, then the pro-rated Subscription Fee applicable to the 12 month period immediately preceding the event giving rise to such claim) or USD 500, whichever is less.

Automazing (and its licensors, where applicable), own all right, title and interest, including all Intellectual Property Rights, in and to the systems, software and other content and materials used in the provision of Notifyer (the website, Platform, products and Services), and to any suggestions, enhancement requests, feedback, or recommendations provided by you or any other party relating thereto. In the event new features or functionality are suggested by you which Automazing, at its sole discretion, incorporates into Notifyer, such additions will become the exclusive property of Automazing. You may only use Notifyer and Automazing's Intellectual Property Rights relating thereto as expressly permitted herein. Automazing's name, logo, and the product names associated with Notifyer are trademarks of Automazing or its licensors, and no right or license is granted to you to use them. Notwithstanding anything to the contrary provided herein, you will not acquire any rights to the intellectual property including domain names, other than the limited use rights granted herein for the Subscription Term. You shall not remove, or allow (through act or omission) to be removed, any logo, copyright, trademark, trade name, trade secret or other proprietary rights notice from Notifyer or any related materials.

11.1. AI-Generated Content. When the End User uses Automazing Platform's AI services and features ("AI Features"), the End User may submit inputs (e.g., queries, text, data) and receives AI model generates outputs based on those inputs. Both these inputs and outputs are considered the End User Data. The End User is solely responsible for the End User Data and agrees not to use the AI Features in any way that infringes, violates, or misappropriates the rights of Automazing or any third party. The End User acknowledges that AI-generated content may not be entirely accurate, complete, or suitable for all purposes. The End User also acknowledges that due to the nature of machine learning, the outputs may not be unique.

11.2. Responsibility for AI-Generated Content. The End User is solely responsible for evaluating and verifying the AI-generated content before relying on it or using it in any decision-making process. The End User should exercise caution and, where necessary, seek professional advice to ensure the AI-generated content is appropriate and accurate for their specific use case.

11.3. No Liability for AI-Generated Content. Automazing does not warrant the accuracy, reliability, or completeness of AI-generated content and shall not be held liable for any errors, omissions, or potential harm arising from the use of such content. The End User agrees that any reliance on AI-generated content is at their own risk.

11.4. Usage Limitations. Access to the AI Features may be restricted based on the End User's Subscription Plan. The End User agrees that if they exceed the usage limit: (i) they will purchase additional usage to continue accessing the AI Features; or (ii) Automazing may suspend or reduce the performance of the AI Features. The End User agrees not to use the AI-generated content for any unlawful or harmful activities, including but not limited to making decisions that could adversely affect individuals or groups. The End User must not represent AI-generated content as being solely human-generated or imply that it is infallible.

11.5. Prohibited Activities. The End User agrees not to use the AI Features: (i) to develop any product that competes with Automazing; (ii) to mislead any third party into believing that any AI-generated output was solely produced by a human; and (iii) in any manner that violates these terms, Automazing's documentation, usage guidelines, or policies.

11.6. Consent to Data Processing and Sharing. The End User consents to the processing and sharing of End User Data by Automazing for the purpose of providing AI-generated content. This may include sharing the End User Data with third-party AI service providers that power or enhance the AI Features.

11.7. AI Features Evolution. The End User acknowledges that the AI Features may be periodically updated or improved, which may result in variations in the output generated over time. Automazing reserves the right to modify, enhance, or discontinue any of the AI Features without prior notice to the End User.

11.8. End User's Acknowledgment. By using the AI Features, the End User understands and agrees that: (i) the output generated by the AI Features may not always be accurate; (ii) the End User is responsible for evaluating the accuracy and appropriateness of the AI-generated output; (iii) the End User must not use any AI-generated output related to an individual for purposes that could have legal or significant impacts on that person; and (iv) the AI Features may produce outputs that are biased, incomplete, incorrect, inappropriate or offensive, which do not reflect or endorse any viewpoints expressed by Automazing.

12.1. The Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.

12.2. In case of any issues or concerns, you may reach out to Automazing at the contact details provided herein and Automazing will make all reasonable efforts to resolve your issues or concerns amicably.

12.3. Any and all disputes that remain unresolved after 30 days shall be referred to and finally resolved by arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The law of this arbitration clause shall be the laws of the State of Delaware. The number of arbitrator(s) shall be one, appointed mutually. The seat of arbitration shall be Rehoboth Beach, DE and the proceedings shall be conducted in English.

13.1. Communications. All communications in respect of this EULA shall be in writing and made to: Legal Department, Automazing, LLC, 18585 Coastal Highway, Rehoboth Beach, DE, 19971 US, team@whatsable.app

13.2. Third Party Beneficiary. While the entirety of the contractual arrangement concerning Notifyer is established exclusively between you and Automazing, you acknowledge and agree that in cases where Services are provided to you through or in collaboration with a third party, such third party holds the right to enforce the terms of this EULA as a third-party beneficiary.

13.3. Survival. All provisions of the Agreement which are by their nature intended to survive expiration or termination of the Agreement will survive such expiration or termination.

13.4. Compliance with Laws. You will comply with all laws applicable to you and your business in relation to providing the End User Data and in using Notifyer. You shall not use Notifyer in or in relation to any activities involving a country subject to comprehensive economic sanctions (including without limitation Cuba, Iran, North Korea, Sudan, Syria or the Crimea region of Ukraine). For the avoidance of doubt, you shall not use Notifyer in relation to any individual, entity or organization which is subject to trade sanctions or embargos by the United States or any applicable jurisdiction.

13.5. Variation. Upon written notice to you, Automazing reserves the right to change, modify, amend, update or expand ("Variations") the terms of this EULA from time to time, and continued use of Notifyer upon receipt of such notice shall be construed as your acceptance to such Variations.

13.6. Force Majeure. Except for payment obligations, neither party will be liable for any delays or failures to perform due to causes beyond that party's reasonable control (including a force majeure event).

13.7. Severability. If a court of competent jurisdiction finds any term of this EULA to be invalid, illegal or otherwise unenforceable, such term will not affect the other terms of the EULA and will be deemed modified to the extent necessary to render such term enforceable while preserving the intent and agreements of the Parties.

13.8. Subcontractors. Automazing may provide Notifyer through the use of subcontractors (including its affiliates as subcontractors), subject to remaining fully responsible for its subcontractors' performance.

By accessing or using Notifyer, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions. If you do not agree with the terms and conditions of this EULA, you must not access or use Notifyer.

Automazing reserves the right to update or modify this EULA at any time without prior notice. Your continued use of Notifyer after any such changes constitutes your acceptance of the new EULA.

If you have any questions about this EULA, please contact us at: