Terms of Service

Last updated: [July 10, 2024]

1. Introduction

Welcome to METAMATION. Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://metamation.net website (the "Service") operated by METAMATION ("us", "we", or "our").

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. These Terms apply to all visitors, users and others who access or use the Service provided by METAMATION.

2. Services Provided

We offer automation solutions and ongoing support tailored to your business needs, including:

Automation Builds

Custom workflows and integrations as defined in the SOW (e.g., Starter at $1,500; Standard at $2,500).

Monthly Support Plans

  • Grow Plan: $500/month, includes 10 hrs/month of support, 48–72 hr email/phone response, quarterly check-ins.
  • Scale Plan: $750/month, includes 20 hrs/month of support, 24 hr email/phone/video response, weekly/monthly check-ins, plus all Grow Plan features.

The specific scope of each service is outlined in the SOW, which may be updated by mutual written consent. All services are subject to the limitations in Section 4 (Scope and Limitations).

3. Payment Terms

Pricing

Fees are as per the SOW or the selected plan (Grow Plan: $500/month; Scale Plan: $750/month). Additional support hours beyond plan limits are billed at $80/hr, invoiced monthly.

Billing Cycle

Monthly payments are collected on the same day each month, based on your subscription start date, with payment due within 15 days of invoicing.

Non-Payment

If payment is overdue by more than 2 weeks, your automations may be deactivated until all outstanding amounts are cleared.

Taxes

You are responsible for any applicable taxes unless otherwise stated in the SOW.

4. Scope and Limitations

App Integrations

  • Starter automations support up to 2 app integrations; Standard automations support 3 or more.
  • Additional integrations require a new SOW or a higher-tier plan.

Scope Definition

All work is limited to what is outlined in the SOW. Any changes beyond the SOW require a written amendment and may incur additional costs.

Third-Party Issues

We are not liable for delays, failures, or damages caused by third-party tools or client-provided systems.

Compliance

You are fully responsible for ensuring your own compliance with any applicable regulatory frameworks, including but not limited to HIPAA, PCI-DSS, GDPR, and CCPA.

5. Client Responsibilities

To ensure successful service delivery, you agree to:

  • Provide accurate information and grant necessary access to relevant systems.
  • Respond promptly to requests for feedback or approvals.
  • Maintain your third-party accounts in good standing. Failure to do so may delay services or void any guarantees.

6. Intellectual Property

Our IP

METAMATION Solutions retains sole ownership of all standard operating procedures (SOPs), training materials, and proprietary methods used or provided under this ToS.

Client Data

You retain ownership of the data you provide. We may use anonymized or aggregated data to enhance or improve our services.

License to Use Deliverables

We grant you a non-exclusive, non-transferable license to use the deliverables solely for your internal business purposes.

7. Indemnification

You agree to defend, indemnify, and hold harmless METAMATION Solutions, its affiliates, subcontractors, officers, and employees from any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with:

  • Your use or misuse of our services;
  • Your breach of this ToS or any SOW;
  • Your violation of any third-party rights, including intellectual property rights;
  • Any data or content you provide that leads to claims against us.

8. Satisfaction Guarantee and Refunds

Guarantee

We strive for your satisfaction. If SOW deliverables are not met due to our fault, we will continue working until you are satisfied or offer a refund.

Refund Policy

  • You may request a refund if the SOW deliverables are not met, or within 14 days of the project start, provided that you have cooperated fully with us.
  • No refunds are offered if the automation has been active for 30 days or more.

Process

Submit refund requests to support@metamation.net with a detailed explanation of the non-delivery or issue. We reserve the right to determine whether the deliverables were genuinely unmet.

9. Confidentiality

Both parties agree to keep all confidential information private, including but not limited to business processes, client data, and proprietary methods. Confidential information will not be disclosed to third parties without the owner's consent, except as required by law. This obligation survives termination.

10. Disclaimers

As-Is Services

Services are provided "as is" and "as available." We do not warrant that services will be uninterrupted, error-free, or meet specific performance criteria.

Disclaimer of Implied Warranties

To the maximum extent permitted by law, METAMATION Solutions disclaims all implied warranties of any kind, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

No Guarantee of Business Results

While our automations are designed to optimize your workflows, we do not guarantee any specific business outcomes—such as increased sales, leads, or operational improvements—due to factors outside our control.

11. Liability

Limitation of Liability

Our liability is limited to the fees paid for the affected service. Under no circumstances will we be liable for indirect, consequential, or punitive damages.

Automation Risks

We are not responsible for losses resulting from automation errors unless caused by our gross negligence. You acknowledge that any automated system may carry inherent risks, including incorrect data handling or transmission failures.

12. Termination

By Either Party

  • One-Time Builds: Either party may terminate the SOW for cause if the other party fails to cure a material breach within 14 days of notice.
  • Monthly Support Plans: You may cancel monthly support at any time, provided no tasks are open or in progress. We may terminate services for cause, including non-payment after 30 days.

Post-Termination

  • Any fees for completed work remain due.
  • Confidentiality and IP terms survive termination.

13. Governing Law

This ToS will be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles. Any disputes arising under or relating to this ToS shall be brought in the courts located in Florida.

14. Changes to Terms

We may update this ToS at any time and will notify you by email or by posting the updated version on our website. Your continued use of our services after any changes indicates acceptance of the updated terms.

15. Force Majeure

Neither party shall be liable for delays or failures caused by events outside their reasonable control, such as natural disasters, pandemics, or internet outages ("Force Majeure Events"). The affected party must notify the other in writing promptly.

16. Dispute Resolution

Good-Faith Negotiation

The parties agree to first attempt to resolve any dispute informally.

Mediation/Arbitration

If unresolved within 30 days, the dispute may be submitted to mediation or binding arbitration in Florida before any litigation is pursued.

17. Entire Agreement

This ToS, along with the SOW and any incorporated documents, constitutes the entire agreement between you and METAMATION Solutions, superseding any prior agreements or understandings.

18. Severability

If any provision of this ToS is determined to be invalid or unenforceable, the remaining provisions remain in full force and effect.

19. Waiver

A failure to enforce any provision of this ToS shall not waive the right to enforce that provision in the future.

20. Data Usage and Privacy

We handle your data pursuant to our Privacy Policy. We may utilize third-party tools (e.g., ClickUp) with your consent. You are responsible for ensuring compliance with any applicable regulatory frameworks (HIPAA, PCI-DSS, GDPR, CCPA, etc.) when providing or processing data through our services.

21. Subcontractors

We may engage subcontractors to perform our obligations under this ToS. We remain responsible for the performance and conduct of our subcontractors.

22. Electronic Agreements

Electronic signatures and communications are binding. By clicking "I agree" or signing electronically, you consent to the use of electronic records and signatures.

23. Contact Us

For any questions or concerns related to this ToS, please contact us at:
Email: support@metamation.net

By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms of Service.