Legal · Terms

Terms of Service

Effective: 9 July 2026 · Last updated: 9 July 2026

1. Contracting Entity And Business Model

2. Services And Engagement Documents

Automatika is a productized automation agency. Services may include:

• Botcake AI Chatbots — sales and support chatbot deployment on Messenger, Instagram, WhatsApp, and related channels.
• Pancake CRM — customer pipeline, inbox, tagging, workflow, and reporting implementation on the Pancake platform.
• Pancake POS — point-of-sale configuration and workflow integration on the Pancake platform.
• Paid Ads — Facebook, Instagram, Google, or related paid media support where the engagement expressly includes it.
• Managed Operations — ongoing retainer support for flow optimization, bot retraining, CRM clean-up, reporting, and response-time monitoring.
• Retainer Support — on-demand technical support after launch for minor changes, team questions, training refreshers, and small fixes.
• In-house tools — Chrome extensions and internal tools, including X24H Outbound™, TagPilot™, and other Automatika Action Suite tools.

Engagement-specific deliverables, commercial terms, and timelines are described in the applicable proposal, quotation, statement of work, order form, invoice, or written change order (each an “Engagement Document”). If an Engagement Document conflicts with these Terms, the Engagement Document controls only for the specific commercial or scope item it expressly changes. All ownership, confidentiality, payment enforcement, warranty disclaimer, indemnity, limitation-of-liability, governing-law, and survival provisions remain in effect unless expressly waived in writing by Automatika.

3. Eligibility, Authority, And Client Representations

• You must be at least 18 years old to use the Services.
• If you use the Services for a business, you represent that you have authority to bind that business to these Terms and to provide the data, account access, content, and approvals needed for the engagement.
• You represent that your products, services, offers, claims, customer communications, advertising materials, and data collection practices comply with applicable law and the policies of the platforms you use.
• You are responsible for obtaining any internal approvals, procurement clearances, customer consents, licenses, permits, and legal reviews needed for your business to use the Services.
• You agree that Automatika may rely on the information, instructions, credentials, approvals, and materials you provide without independently auditing your business, products, claims, tax position, or legal compliance.

4. Client Responsibilities

The Services depend on timely Client cooperation. You are responsible for:

• providing accurate business information, product details, pricing, customer policies, FAQs, SOPs, brand assets, access credentials, and platform permissions;
• reviewing and approving chatbot flows, CRM tags, automation rules, ad copy, message templates, SOPs, and other deliverables before they are used with customers;
• maintaining control of your own third-party accounts, including Meta, Google, Pancake, Botcake, payment, domain, email, and hosting accounts;
• backing up your own business data and maintaining independent copies of important records, exports, invoices, customer data, and platform reports;
• ensuring that messaging, outbound campaigns, retargeting, data uploads, and customer lists are lawful, permission-based, and allowed by platform policy;
• confirming that any customer-facing claims about pricing, availability, delivery, refunds, medical or financial matters, warranties, guarantees, promotions, or regulated products are accurate and legally approved by you; and
• promptly notifying Automatika of legal, regulatory, platform, customer, data breach, tax, procurement, or account-security issues that could affect the Services.

5. Accounts, Access, And Security

• The client portal at app.automatika.ph may require Sign in with Google. You are responsible for securing the Google account, email account, and devices used to access the portal.
• You are responsible for all activity under your accounts, including activity by your owners, employees, contractors, agencies, and other authorized users.
• If you provide access to third-party platforms, you authorize Automatika to use that access as needed to deliver the Services. You may revoke access after the engagement, but revocation during an active engagement may delay or prevent delivery.
• Notify Automatika immediately through the Email us if you suspect unauthorized access, credential compromise, platform suspension, or a security incident affecting the Services.

6. Acceptable Use

You agree not to use the Services to:

• violate any law, regulation, court order, platform policy, or third-party right;
• send spam, unsolicited bulk messages, deceptive messages, illegal promotions, or content that violates Meta, Google, Pancake, Botcake, WhatsApp, email, SMS, payment, or other third-party policies;
• process personal data without a lawful basis, customer notice, required consent, or appropriate safeguards;
• upload malware, exploit code, stolen data, unlawful content, or data you are not allowed to use;
• scrape, overload, scan, probe, attack, interfere with, or bypass the security, availability, rate limits, licensing, or access controls of any Service, extension, platform, or account;
• reverse-engineer, decompile, disassemble, copy, resell, sublicense, white-label, distribute, or attempt to extract the source code, prompts, frameworks, templates, libraries, workflows, or internal logic of Automatika tools or deliverables, except to the limited extent applicable law prohibits this restriction;
• use Automatika tools to impersonate another person, mislead customers, manipulate platform systems, evade platform restrictions, or conduct unlawful surveillance; or
• use the Services in a way that could reasonably harm Automatika, other clients, third-party platforms, or the public.

7. Scope, Timelines, Acceptance, And Change Control

• Productized timelines, including any 20-business-day delivery target, depend on timely Client inputs, access, approvals, and platform availability. Timelines pause while Automatika is waiting for Client materials, Client approvals, third-party platform access, third-party review, or payment.
• Deliverables are limited to the scope stated in the Engagement Document. New channels, new brands, additional stores, extra accounts, new features, extra integrations, major copy rewrites, additional data cleanup, or expanded support are out of scope unless agreed in writing.
• If Client delay, missing information, changed requirements, platform restrictions, or inaccurate materials increase the work needed, Automatika may extend timelines, charge a change-order fee, or pause the engagement until the scope is clarified.
• Unless an Engagement Document states otherwise, deliverables are deemed accepted if the Client does not provide specific written rejection reasons within five (5) business days after delivery or demo access.
• Hyper care and retainer support cover reasonable fixes and minor adjustments to the agreed implementation. They do not include new scope, new business strategy, platform outages, client-caused errors, customer misuse, or rework caused by changed Client instructions.
• If a Client becomes unresponsive for more than thirty (30) calendar days, Automatika may treat the engagement as inactive. Reactivation may require a restart fee, revised timeline, or new Engagement Document.

8. Fees, Taxes, Invoices, And Payment Enforcement

• Fees are due according to the Engagement Document or invoice. Fixed-scope engagements are billed at the quoted fee; retainers are billed in advance unless otherwise stated.
• Unless expressly stated otherwise, fees are exclusive of taxes, withholding, bank fees, foreign-exchange costs, payment-processor fees, transfer fees, chargeback fees, and other third-party costs.
• Automatika issues commercial invoices from the US contracting entity under the standard cross-border remote services model. A Philippine BIR Official Receipt or Philippine BIR sales invoice is not issued unless a separate Philippine-registered entity is expressly named in the signed agreement.
• If a Client believes withholding tax, VAT, procurement documentation, treaty forms, or local-vendor registration is required, the Client must raise that requirement before signing and must provide any withholding certificate, tax form, or documentation required to support the payment treatment.
• Amounts due to Automatika must be paid without setoff or deduction unless deduction is required by law and supported by documentation acceptable to Automatika. If a lawful withholding applies, the parties will cooperate in good faith on documentation, but the Client remains responsible for its own tax treatment and procurement policy.
• Invoice disputes must be sent in writing within seven (7) calendar days after invoice receipt. Undisputed amounts remain due on time.
• Late amounts may accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. The Client is responsible for reasonable collection costs, attorney fees, chargeback fees, and costs caused by failed or reversed payment.
• Deposits, setup fees, milestone fees, prepaid retainers, discounted tool fees, and work already performed are non-refundable unless an Engagement Document expressly states otherwise or applicable law requires a refund.
• Automatika may suspend work, withhold deliverables, disable tool access, or pause support for unpaid invoices, failed payments, suspected fraud, chargebacks, platform abuse, security risks, or material breach.

9. Third-Party Platforms, AI, And Automation Outputs

10. Intellectual Property

• Automatika IP remains Automatika property. This includes our methods, frameworks, templates, prompts, libraries, software, Chrome extensions, internal tools, implementation patterns, training materials, checklists, scripts, workflows, dashboards, source code, know-how, and other pre-existing or generally reusable materials.
• Client content remains Client property. You retain ownership of your brand assets, product data, customer data, business records, approved copy, and other materials you provide. You grant Automatika a worldwide, non-exclusive, royalty-free license to use, process, copy, adapt, transmit, and display those materials as needed to provide the Services, support the engagement, comply with law, and enforce these Terms.
• Deliverables are licensed, not sold, unless stated otherwise. Subject to full payment, Automatika grants the Client a non-exclusive, non-transferable license to use the delivered work product for the Client's internal business operations. No source code, raw prompt library, internal tooling, administrative template, or reusable framework is transferred unless the Engagement Document expressly says so.
• Feedback may be used. Automatika may use suggestions, requests, corrections, and feedback without restriction or compensation, provided we do not disclose Client confidential information.
• Portfolio use. Automatika may identify the Client as a customer and describe non-confidential engagement categories unless the Client opts out in writing. Case studies using confidential metrics, non-public screenshots, or sensitive business details require Client approval.
• Trademarks. “Automatika™”, “X24H Outbound™”, “TagPilot™”, and Automatika Action Suite marks belong to Automatika. You may not use them in a way that implies endorsement, partnership, resale rights, or ownership beyond the scope of your engagement.

11. Confidentiality, Privacy, And Data Processing

12. Service Commitments And Warranty Disclaimer

• Automatika will provide the Services with commercially reasonable skill and care, subject to Client cooperation, platform availability, timely payment, and the limits of the agreed scope.
• Any timeline, response-time commitment, launch plan, or guarantee applies only if it is stated in the Engagement Document and the Client provides all required inputs, access, approvals, and payments on time.
• Except where expressly stated in an Engagement Document, the Services and deliverables are provided as-is and as-available. Automatika disclaims all implied warranties to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, and error-free performance.
• Automatika is not a law firm, accounting firm, tax adviser, financial adviser, medical adviser, employment adviser, or regulated professional adviser. Operational, procurement, privacy, tax, platform, and business guidance is provided for implementation context only and should be reviewed by the Client's own advisers where appropriate.

13. Suspension, Termination, And Effects Of Termination

• The Client may terminate a retainer with thirty (30) days' written notice through the Email us, unless the Engagement Document requires a longer period.
• Fixed-scope engagements may be cancelled only according to the Engagement Document. Fees remain due for completed work, reserved capacity, third-party costs, non-cancellable commitments, and work in progress up to the cancellation date.
• Automatika may suspend or terminate Services immediately if there is nonpayment, failed payment, suspected fraud, chargeback activity, security risk, abusive conduct, unlawful use, platform-policy risk, unauthorized resale, misuse of tools, confidentiality breach, or other material breach.
• Upon termination, access to the client portal, support channels, shared workspaces, tools, extensions, dashboards, licenses, and managed accounts may be disabled. The Client remains responsible for exporting its own data from third-party platforms and for maintaining its own backups.
• Termination does not waive unpaid fees, confidentiality obligations, IP restrictions, indemnity obligations, liability limits, dispute terms, or any provision that by its nature should survive.

14. Indemnification

To the maximum extent permitted by law, the Client will defend, indemnify, and hold harmless Automatika, its owners, officers, team members, contractors, affiliates, suppliers, and agents from and against claims, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable attorney fees, arising out of or related to:

• Client products, services, offers, warranties, refunds, pricing, or customer claims;
• Client content, data, customer lists, account access, instructions, approvals, or materials supplied to Automatika;
• Client violation of law, privacy obligations, advertising rules, consumer-protection rules, tax obligations, procurement requirements, employment obligations, or third-party platform terms;
• spam, unsolicited messaging, unlawful retargeting, improper consent, misleading claims, regulated-product claims, or customer communications approved or requested by the Client;
• taxes, withholding, VAT, official-receipt requirements, local-vendor requirements, bank fees, chargebacks, payment reversals, or procurement policies imposed by or applicable to the Client;
• unauthorized use, resale, copying, modification, reverse engineering, sublicensing, or distribution of Automatika IP or tools; or
• disputes between the Client and its customers, vendors, employees, contractors, agencies, owners, regulators, or platform providers.

Automatika will provide reasonable notice of an indemnified claim when practical. The Client may not settle any claim in a way that imposes liability, admission, operational restriction, or payment obligation on Automatika without Automatika's written consent.

15. Limitation Of Liability

To the maximum extent permitted by applicable law:

• Automatika is not liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages; lost profits; lost revenue; lost savings; lost goodwill; lost opportunities; business interruption; data loss; account suspension; ad rejection; platform enforcement; customer churn; or replacement service costs.
• Automatika is not liable for third-party platform downtime, payment delays, bank failures, browser extension review delays, AI inaccuracies, customer misuse, Client misconfiguration, Client-provided errors, Client-approved messages, or decisions made by the Client based on reports, recommendations, forecasts, or generated outputs.
• Automatika's total aggregate liability for all claims arising out of or related to the Services will not exceed the fees actually paid to Automatika for the affected Services during the three (3) months immediately preceding the event giving rise to the claim. If no fees were paid for the affected Services, the liability cap is USD 100.
• The liability cap does not limit the Client's payment obligations, the Client's indemnity obligations, either party's confidentiality obligations, or liability that cannot be limited by law.
• Any claim must be brought within one (1) year after the event giving rise to the claim, unless applicable law requires a longer period.

16. Team Protection And Non-Solicitation

During an active engagement and for twelve (12) months after it ends, the Client will not, without Automatika's written consent, directly solicit for employment or contract work any Automatika employee, contractor, consultant, or team member who worked on or was introduced through the engagement. General public job postings not targeted at Automatika personnel are not prohibited. This section applies only to the extent permitted by law.

17. Force Majeure

Automatika is not responsible for delay or failure caused by events outside its reasonable control, including platform outages, internet or hosting failures, power issues, payment network issues, government action, regulatory changes, labor disruptions, illness, emergency, natural disaster, war, terrorism, civil unrest, cyberattack, supplier failure, or acts or omissions of the Client or third-party platforms. Timelines are extended for the duration and impact of the event.

18. Governing Law, Venue, And Disputes

19. Changes, Assignment, Severability, And Entire Agreement

• Automatika may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above. For existing engagement clients, material changes apply after reasonable notice, unless the change is required sooner for legal, security, platform, or operational reasons.
• The Client may not assign an engagement, account, tool license, portal access, or these Terms without Automatika's written consent. Automatika may assign these Terms or an engagement to an affiliate, parent, successor, purchaser, or reorganized entity.
• If any provision is found unenforceable, the rest of these Terms remains effective, and the unenforceable provision will be modified to the minimum extent needed to make it enforceable.
• Failure to enforce a provision is not a waiver. These Terms, together with the applicable Engagement Document, Privacy Policy, and written amendments, form the entire agreement for the Services and replace prior discussions about the same subject.

20. Contact

• Legal name: Automatika Consulting
• Business ID: 7947755 (New Mexico, United States)
• Headquarters: 1209 Mountain Road PL NE, Albuquerque, New Mexico 87110, USA
• Remote coverage: Australia, Philippines, Singapore
• General contact: Email us
• Legal notices: legal inbox. Messages to the legal inbox are routed to the parent company / US contracting entity.
• Phone: +1 (575) 733-8001
• Related pages: Privacy · Data deletion · Business model · Availability