Terms of service

These terms govern access to and use of AutoChat, the communications platform built and operated by Autograf Digital, Calgary, Alberta, Canada(“AutoChat”, “we”, “us”). They apply to the organization that holds an AutoChat workspace (“partner”, “you”) and to everyone that partner lets use it, including its staff and the businesses it serves (“clients”).

If a partner has signed a separate written agreement with us, that agreement governs where it conflicts with these terms. By using AutoChat on behalf of an organization, you confirm you have authority to accept these terms for it.

• AutoChat is available by application. We may approve, decline or limit access at our discretion.
• You are responsible for your workspace, for who you give access to, and for keeping credentials secure.
• Tell us promptly at [email protected] if you suspect unauthorized access.
• Test and sandbox credentials are for development only and must not be used to contact real people.

You own your data and your applications. Everything you and your clients put into AutoChat or generate through it, including contacts, conversations, recordings, files and records (“partner data”), remains yours or your clients’. Anything you build on AutoChat’s API or standard app, including your product, brand, interface and code, belongs to you.

You give us a limited right to host, process, transmit and display partner data only as needed to provide AutoChat to you, to keep it secure, and to meet legal obligations. We handle personal information in partner data as described in our privacy policy.

We own the platform. AutoChat itself, including its software, APIs, standard app, documentation, designs and everything we develop to operate or improve it, belongs to Autograf Digital. We give you a limited, non-exclusive, non-transferable right to use it during your subscription under these terms. You may present the standard app under your own brand, as long as you don’t claim ownership of the underlying platform.

Aggregated, de-identified information about how the platform performs, which cannot identify you, your clients or any individual, may be used to operate and improve AutoChat.

You must not use AutoChat, or let anyone else use it, to:

• Send commercial messages or make calls without the consent the law requires, or keep contacting someone who has opted out.
• Send spam, phishing, or deceptive, harassing, hateful or threatening content.
• Impersonate a person or organization, or misrepresent who a message is from.
• Break carrier, messaging platform or email provider rules, including sender registration requirements.
• Distribute malware or content you don’t have the right to share.
• Collect or process personal information unlawfully, or in ways your own privacy notices don’t allow.
• Probe, scan or test the security of AutoChat without our written permission, or interfere with its operation.
• Get around usage limits, scoping or access controls, or access another workspace’s data.
• Reverse engineer the platform, except where the law expressly allows it.
• Rely on AutoChat for emergency services or for any use where a failure could lead to death, injury or serious harm.

You are responsible for your clients’ use of AutoChat as if it were your own. We may remove content or suspend sending that we reasonably believe breaks these rules, and we will tell you when we do unless the law or safety prevents it.

AutoChat checks recorded consent before messages are sent, but it can only act on the consent information it has. You and your clients are responsible for obtaining and recording valid consent, for identifying the sender, for honouring opt-outs, for disclosing call recording and automated assistants where required, and for complying with Canada’s Anti-Spam Legislation and every other law that applies where your recipients are.

AutoChat connects to services you choose to link, such as Google or Meta accounts. Your use of those services is governed by their own terms. We are not responsible for them, and a change on their side may change or interrupt what AutoChat can do with them.

AI features such as automated call answering, transcription, summaries and drafted replies produce output that can be incomplete or wrong. You are responsible for how you configure these features, for reviewing output where it matters, and for how you and your clients act on it.

We work to keep AutoChat available, secure and reliable, and to tell you in advance about planned maintenance that may affect it. We don’t promise that it will be uninterrupted or error-free. Delivery of calls and messages also depends on carriers and platforms outside our control. No service level commitment applies unless it is set out in a separate written agreement.

AutoChat will change over time. We may add, change or retire features. If we remove functionality you actively rely on, we will give reasonable notice where we can.

Fees, billing terms and any usage charges are set out in your order or separate agreement with us. You are responsible for any fees you charge your own clients and for your relationship with them.

Each of us will protect the other’s non-public information with at least reasonable care, and use it only for the purposes of this agreement. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law.

If you send us suggestions, we may use them to improve AutoChat without obligation to you.

• You may stop using AutoChat at any time, subject to any commitment in your order.
• We may suspend access immediately if use of your workspace threatens the security or integrity of the platform, breaks the law or breaks acceptable use. Where we can, we will limit suspension to what is needed and restore access once the issue is fixed.
• Either of us may end the agreement if the other materially breaches it and doesn’t fix the breach within 30 days of notice.
• When the agreement ends, you will have a reasonable period to export your partner data. After that, we will delete it as described in our privacy policy.

Sections that by their nature should survive termination, including ownership, confidentiality, liability and governing law, survive.

Except as expressly stated in these terms or a separate written agreement, AutoChat is provided “as is” and “as available”, and we disclaim all implied warranties and conditions, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.

To the extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, however caused, even if advised of the possibility.

To the extent the law allows, each party’s total liability arising out of or relating to AutoChat or these terms is limited to the fees you paid us for AutoChat in the 12 months before the event giving rise to the claim.

These limits do not apply to your payment obligations, to breaches of acceptable use, or to liability that cannot be limited by law.

You will defend and indemnify Autograf Digital against third-party claims arising from your or your clients’ content, messages or calls, or from breach of acceptable use or of the law, and you will pay resulting damages and reasonable costs.

These terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The courts of Alberta, sitting in Calgary, have exclusive jurisdiction, and each party submits to them.

We may update these terms. If a change materially affects your rights, we will give you at least 30 days’ notice before it takes effect. Continuing to use AutoChat after that means you accept the updated terms.

Questions about these terms: [email protected], our contact form, or Autograf Digital, Calgary, Alberta, Canada.