Terms of Service

1. INTRODUCTION

Here at Automated Workflow Systems LLC, we try to practice what we preach in terms of keeping agreements clear, short and simple. That said, we have to cover a lot of ground in these Terms of Service, so we’ve done our best. If you’re confused by anything here, or disagree with it, please hold off on using Automated Workflow Systems LLC for now. Instead, email our CEO at bill@autoretainer.com and let’s talk.
These Terms of Service are an agreement between you (“Customer,” or “you” or “your”) and Automated Workflow Systems LLC, Inc. (“Automated Workflow Systems LLC,” or “we,“ “us” or “our”). By using any of Automated Workflow Systems LLC’s products and services, you agree that you are at least 18 years old, legally able to enter into a contract, and have read and consented to this agreement.
Anywhere in this agreement (“the Agreement” or “Terms of Service”) where we refer to your use of Automated Workflow Systems LLC or Automated Workflow Systems LLC’s “products” and/or “services,” we mean to include agreements generated through Automated Workflow Systems LLC and the emails Automated Workflow Systems LLC sends out, in addition to the content and functionality of any of Automated Workflow Systems LLC’s websites or applications.
We plan to update this Agreement from time to time, so please check back regularly. All updates are effective immediately when we post them, and apply to all access to and use of Automated Workflow Systems LLC’s products or services thereafter.

2. DESCRIPTION OF THE AUTOMATED WORKFLOW SYSTEMS LLC SERVICE

Automated Workflow Systems LLC enables individual and business users to electronically send, sign, and manage legal agreements and invoices using their own forms or forms chosen from a stock library provided by Automated Workflow Systems LLC and its partners. Automated Workflow Systems LLC offers a free tier of service as well as paid subscription-based tiers (“Automated Workflow Systems LLC Premium”) with additional features.

3. VALIDITY OF ELECTRONIC SIGNATURES

Automated Workflow Systems LLC enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Automated Workflow Systems LLC does not authenticate users’ signatures or identities.

4. PAYMENTS

4.1 Payment. Customer must pay Automated Workflow Systems LLC Premium fees according to the payment terms specified at the time services are ordered.

4.2 Failure to Pay. If Customer fails to pay, Automated Workflow Systems LLC may, in its sole discretion, terminate, suspend or restrict provision of its products and services. Automated Workflow Systems LLC may charge interest at a monthly rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law on any overdue fees, from the due date until the date any overdue amount (plus applicable interest) is paid in full.

4.3 Disputes. If Customer believes in good faith that Automated Workflow Systems LLC has incorrectly billed Customer, Customer must contact Automated Workflow Systems LLC in writing within 30 days of the billing date, specifying the error. Unless Customer has notified Automated Workflow Systems LLC of the dispute, Customer must reimburse Automated Workflow Systems LLC’s reasonable collection costs (including attorney’s fees). Customer must pay the undisputed portions of Automated Workflow Systems LLC’s invoice as required by this Agreement.

4.4 Taxes. Prices do not include applicable taxes. Automated Workflow Systems LLC will invoice Customer for any applicable taxes, and Customer must pay these taxes.

4.5 Delivery. Automated Workflow Systems LLC’s products and/or services are deemed to be delivered and accepted on the start date of the License Term (as defined below).

4.6 Refunds. Customer may downgrade or deactivate the Automated Workflow Systems LLC service at any time. However, Customer will not be refunded for the remaining subscription term unless Automated Workflow Systems LLC determines, in its sole discretion, that the downgrade or deactivation was initiated in response to a malfunction of a Automated Workflow Systems LLC product or service.

4.7 Free Trials. At the end of any free trial period, the Customer will be prompted to upgrade their level of service but will only be charged if valid payment information is entered into our system.

4.8 Other Promotions. We may run promotional offers from time to time, the terms of which are promoted on our website or in emails. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point.

5. LICENSE

5.1 Grant of Limited License. Subject to compliance with this Agreement, Automated Workflow Systems LLC hereby grants Customer a non-exclusive, limited, non-transferable, revocable license (the “License”) to the Automated Workflow Systems LLC products and services included in Customer’s subscription tier, whether free or Premium. This License includes the right for Customers to keep, for their records, electronic or physical copies of agreements created on Automated Workflow Systems LLC. Customers may not copy the content of Automated Workflow Systems LLC’s own forms or agreements for use or sale outside of Automated Workflow Systems LLC.

5.2 License Term. The License Term begins with Customer’s first use of Automated Workflow Systems LLC and shall continue until the earlier of termination or until the Customer’s account is otherwise deactivated.

5.3 Termination. Automated Workflow Systems LLC reserves the right, in its sole discretion and at any time, to terminate the License and Customer’s access to any Automated Workflow Systems LLC products or services.

5.4 Effect of Termination.

(A) Unpaid Fees. Any fees that are unpaid as of the date of termination will be immediately due and payable.

(B) Survival. The termination or expiration of the License will not affect any sections of this Agreement which by their nature survive termination or expiry.

6. YOUR RELATIONSHIP WITH AUTOMATED WORKFLOW SYSTEMS LLC
Automated Workflow Systems LLC is a tool designed to help you create, receive, sign and manage agreements and invoices, but is not party to any of those agreements, and cannot provide advice or information about questions or disputes that may arise in connection with them. Automated Workflow Systems LLC is not your attorney, agent, representative or partner.

7. AUTOMATED WORKFLOW SYSTEMS LLC IS NOT A LAW FIRM

Automated Workflow Systems LLC is not a law firm, does not practice law, and does not give legal advice. We don’t act as your attorneys, are not a substitute for an attorney’s advice, and don’t have an attorney-client relationship with you. All information you provide us, while protected by our Privacy Policy, is not protected by attorney-client privilege or as attorney work product.
We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection or use of forms, or apply the law to the facts of your situation. In any action you take through Automated Workflow Systems LLC’s products and services, you are representing yourself.

8. MODIFICATION AND MANAGEMENT OF AGREEMENTS ON AUTOMATED WORKFLOW SYSTEMS LLC

You understand that actions you take outside of Automated Workflow Systems LLC can affect the terms and legal status of agreements you have created in Automated Workflow Systems LLC in ways that Automated Workflow Systems LLC’s version of your agreement will not reflect. For example, if you and another party sign an agreement through Automated Workflow Systems LLC and later exchange emails modifying the terms of that agreement, then through your emails you may have amended the agreement in ways that the version in Automated Workflow Systems LLC does not account for.

You understand that deleting an agreement from Automated Workflow Systems LLC does not terminate or otherwise affect the status of that agreement, but only removes it from your own view. Upon your deletion, the other party will receive no notification or additional information.
Similarly, you understand that deleting a pending agreement from Automated Workflow Systems LLC does not rescind the offer you have made to the other party to sign the agreement. To actually rescind an offer, you must notify the other party that the offer is rescinded before they accept it.

You understand that removing the Automated Workflow Systems LLC app from your device or otherwise deactivating your Automated Workflow Systems LLC account does not terminate or otherwise affect the legal status of agreements you are party to or have offered through Automated Workflow Systems LLC.

9. AUTOMATED WORKFLOW SYSTEMS LLC-PROVIDED FORMS ARE SUBJECT TO CHANGE

We may change the Automated Workflow Systems LLC-provided forms in our library without prior notice. Any such changes will affect future agreements only, and will not change the language of agreements that have already been signed.

10. AUTOMATED WORKFLOW SYSTEMS LLC IS FOR THE U.S. ONLY
Automated Workflow Systems LLC’s products and services are intended for use in the United States only. We make no claims that our products and services are accessible or appropriate outside of the United States. If you access Automated Workflow Systems LLC’s products or services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. AUTOMATED WORKFLOW SYSTEMS LLC RETAINS ALL RIGHTS IN ITS PRODUCTS AND SERVICES
Automated Workflow Systems LLC retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this Agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products or services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products or services; or (iii) circumvent or disable any security or technological features of our products or services.

12. RESTRICTIONS

In using Automated Workflow Systems LLC or any of its products or services, you agree not to:
• Intentionally or unintentionally violate any law, statute, ordinance or regulation, or use Automated Workflow Systems LLC in a way that facilitates any such violation.
• Disrupt or interfere with any other user’s use or enjoyment of Automated Workflow Systems LLC.
• Upload or otherwise transmit through Automated Workflow Systems LLC any virus or other harmful, disruptive, or destructive file or code.
• Use a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else.
• Use or attempt to use another’s account, password, services, or systems.
• Permit more than one user per username/email login.
• Attempt to transmit any content that you are not authorized to transmit.
• Disrupt or interfere with the security of, or otherwise cause harm to, Automated Workflow Systems LLC, its products and services, system resources, accounts, passwords, servers, or networks connected to or accessible through Automated Workflow Systems LLC.

13. COPYRIGHT

The design, text, graphics, and selection and arrangement thereof, of Automated Workflow Systems LLC’s products and services are Copyright ©, Automated Workflow Systems LLC, Inc. All rights reserved.

14. TRADEMARKS

AutoRetainer is a registered in the U.S. Patent and Trademark Office. These and any other Automated Workflow Systems LLC product or service names or slogans displayed on Automated Workflow Systems LLC products or services are trademarks of Automated Workflow Systems LLC, Inc. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Automated Workflow Systems LLC, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Automated Workflow Systems LLC, Inc. and you may not copy, imitate or use it, in whole or in part, without our prior written consent.

15. NO INCORPORATING OUR PRODUCTS OR SERVICES

Including our products or services within any third-party service is not permitted without our prior written consent.

16. YOUR PRIVACY

Protecting your privacy is very important to us. Please review our Privacy Policy, which explains how Automated Workflow Systems LLC treats your personal information and protects your privacy. Our Privacy Policy is incorporated by reference into these Terms of Service.

17. FEEDBACK

We may provide you with a mechanism to provide feedback, suggestions, and ideas on Automated Workflow Systems LLC’s products and services. You grant us the irrevocable right to use your feedback and incorporate your suggestions into our products and services without any obligation to provide attribution or compensation to you or any third party.

18. WARRANTY DISCLAIMER

The accuracy and legal sufficiency of agreements produced using Automated Workflow Systems LLC depends on Customer input, which input Automated Workflow Systems LLC does not review. Moreover, the law is a personal matter, and no general tool like Automated Workflow Systems LLC is appropriate in every circumstance. Therefore, we don’t make any claims about the quality, accuracy, legal sufficiency, legal enforceability, or appropriateness of Automated Workflow Systems LLC for your needs. If you require legal advice or help on your specific situation, please consult a licensed attorney in your area.
We strive to keep Automated Workflow Systems LLC-provided forms and information accurate. However, the law can change rapidly, and we cannot guarantee that all of the information contained in our products or services is current. Moreover, the law can vary from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. We do not guarantee that our products or services are appropriate for your jurisdiction.

For forms that you provide for upload to the Automated Workflow Systems LLC platform, Automated Workflow Systems LLC disclaims any liability for errors during manual transcription or optical character recognition (OCR). You are responsible for reviewing the forms for accuracy before use.

AUTOMATED WORKFLOW SYSTEMS LLC’S PRODUCTS AND SERVICES ARE OFFERED AS-IS AND AS-AVAILABLE. AUTOMATED WORKFLOW SYSTEMS LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. LIABILITY DISCLAIMER

AUTOMATED WORKFLOW SYSTEMS LLC DISCLAIMS LIABILITY FOR ANY LOSS, INJURY, CLAIM OR DAMAGE RELATED TO YOUR USE OF ITS PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM ERRORS OR OMISSIONS, A SITE OR APPLICATION BEING DOWN, OR DATA LOSS. AUTOMATED WORKFLOW SYSTEMS LLC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OF AUTOMATED WORKFLOW SYSTEMS LLC’S PRODUCTS OR SERVICES.
AUTOMATED WORKFLOW SYSTEMS LLC WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY COURT ACTION OR LEGAL DISPUTE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AUTOMATED WORKFLOW SYSTEMS LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF AUTOMATED WORKFLOW SYSTEMS LLC’S PRODUCTS OR SERVICES, EXCEED ANY COMPENSATION PAID BY YOU FOR ACCESS TO OR USE OF AUTOMATED WORKFLOW SYSTEMS LLC DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY CLAIM.

20. INDEMNIFICATION

You will indemnify and hold harmless Automated Workflow Systems LLC and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of Automated Workflow Systems LLC’s products and services, your violation of these Terms of Service, or your violation of any rights of a third party through use of Automated Workflow Systems LLC or its content.

21. MODIFICATION OF THESE TERMS OF SERVICE

We reserve the right to modify these Terms of Service. You agree that your use of Automated Workflow Systems LLC’s products and services after a modification will be treated as acceptance of the modified Terms of Service.

22. CONTACT US

We’d love to hear from you.
By email: bill@autoretainer.com
By snail mail:
Automated Workflow Systems LLC
7512 Dr. Phillips Blvd, Suite 50960
Orlando, FL 32819

23. MISCELLANEOUS

23.1 Choice of Law, Jurisdiction & Venue. You agree that any disputes with Automated Workflow Systems LLC arising from or connected to your use of Automated Workflow Systems LLC will be governed by the laws of the state of New York, that New York courts will have exclusive jurisdiction over any such disputes, and that New York City will serve as the venue.

23.2 Headings for Convenience Only. The headings of sections and sub-sections in this Agreement are for convenience only and are not intended to affect the meaning of the Agreement.

23.3 Entire Agreement. This Agreement, along with invoices, sales orders or other purchase-related communication, is the entire agreement between you and Automated Workflow Systems LLC with respect to your use of Automated Workflow Systems LLC and its products and services. We reserve any rights not expressly granted here.

23.4 Non-Waiver. No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

23.5 Severability. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.