TERMS OF USE

Last updated: 5/10/2025

These Terms of Use (“Terms”) govern access to and use of the autoMessage software-as-a-service platform (the “Service”) provided by Stockman Digital LLC (“Provider,” “we,” or “us”) through automessage.app (the “Website”) and the companion iOS/macOS device agent (the “Device Agent”). By clicking I Agree, creating an account, or using any part of the Service, the individual or entity accepting these Terms (“Customer,” “you”) enters into a legally binding contract with Provider.

ARTICLE 1 – ACCEPTANCE, CHANGES & DEFINITIONS

1.1 Electronic Acceptance

Checking I Agree or otherwise using the Service constitutes acceptance of these Terms. If Customer is an organisation, the natural person accepting represents they have authority to bind that entity. Provider keeps an electronic record of each acceptance.

1.2 Changes to the Terms

Provider may amend these Terms by e-mail or in-app notice 30 days before changes take effect. Continued use after the notice period is acceptance. If Customer objects, it must stop using the Service before the effective date.

1.3 Key Definitions

1.4 Software-Only Disclaimer

The Service is automation software only; Provider does not transmit, route or store communications for a fee and is not a telecommunications service or common carrier. Customer is the sole originator/sender of all Customer Traffic.

ARTICLE 2 – ELIGIBILITY, ACCOUNTS & RESPONSIBILITY

1. Age & Authority. Customer affirms it is at least 13 years old (or the age of digital consent where applicable) and—if acting for an entity—has authority to bind that entity.

2. Credential Responsibility. Customer must keep all usernames, passwords and API keys confidential and is responsible for all activity under its credentials, whether authorised or not.

3. No Provider Liability for Credential Misuse. Provider disclaims all liability for losses arising from unauthorised access caused by Customer’s failure to safeguard its credentials.

ARTICLE 3 – LICENCE & SCOPE OF SERVICE

1. Licence Grant. Provider grants Customer a non-exclusive, non-transferable, revocable licence to access the Website, use the APIs, and install the Device Agent on Customer’s Apple device solely for Customer’s internal business purposes.

2. Platform Scope. The Service works only with iPhone, iPad and Mac hardware supplied by Customer. Android and other platforms are not supported.

3. Outbound-Only. The Service drafts and sends outbound messages; inbound replies remain in Apple Messages (or Customer’s iCloud forwarding setup) and never pass through Provider’s servers.

4. No Deliverability Guarantee. Apple or carriers may block or filter Customer Traffic. Provider makes no warranty that any message will be delivered.

ARTICLE 4 – UNIVERSAL LEGAL-COMPLIANCE COVENANT

Customer shall, at all times and at its sole expense, ensure that (i) the drafting, storage and transmission of any Customer Traffic, and (ii) Customer’s use of the Service, fully comply with all applicable laws, regulations, industry guidelines and third-party-service policies, including—but not limited to—the Telephone Consumer Protection Act, FCC robotext rules, CTIA Messaging Principles, the California Consumer Privacy Act (as amended), the EU/UK General Data Protection Regulation, CAN-SPAM (where applicable), and all export-control and sanctions laws.

Without limiting the foregoing, Customer represents and warrants that it will secure any legally required consent from each recipient, include any legally mandated unsubscribe or opt-out notice, and process opt-out requests within the time period prescribed by applicable law.

ARTICLE 5 – ACCEPTABLE-USE POLICY (AUP)

The AUP in Schedule A forms part of these Terms. Key points:

• Obtain prior express written consent from every recipient.

• Include clear STOP instructions in each message and honour opt-outs within 24 hours.

• Best-practice guidance (optional but recommended):

  1. Dedicate one device/number to autoMessage.

  2. Start at ≈ 50 blue-bubble sends per day and ramp gradually.

  3. Keep reply rate ≥ 15 % to avoid Apple junk filtering.

• Prohibited content: harassment, illegal offers, deceptive claims, intellectual-property infringement, or any content that violates Apple policies or applicable law.

• No “snow-shoeing” (spreading identical messages across many devices/numbers to evade spam detection).

ARTICLE 6 – CUSTOMER COMPLIANCE DUTIES

Customer will, on reasonable request, provide information or records demonstrating compliance with Article 4 and the AUP.

ARTICLE 7 – THIRD-PARTY TERMS & PROVIDER’S RIGHT TO REFUSE

Customer instructions must not violate Apple Media Services Terms, App Store Review Guidelines, carrier or CTIA rules. Provider may refuse or suspend any workflow it reasonably believes violates law or third-party terms and will notify Customer promptly.

ARTICLE 8 – PRIVACY & DATA PROCESSING

1. Privacy Policy. The Privacy Policy posted at /privacy is incorporated by reference.

2. Roles. For GDPR purposes, Customer is the controller and Provider is the processor of Customer Traffic; the Data Processing Addendum (“DPA”) in Schedule B applies.

3. Breach Notice. Provider will notify Customer without undue delay—and in any event within 72 hours where GDPR applies—after confirming a breach of Personal Data in Provider’s systems.

ARTICLE 9 – FEES, BILLING & FREE TRIAL

1. Subscription. Unlimited Plan: USD $50 per month per Apple ID.

2. Free Trial. No fees during the first seven (7) calendar days. Unless cancelled before the trial ends, the subscription auto-activates and the payment method on file is charged.

3. Renewal & Cancellation. Monthly subscriptions renew automatically until cancelled in the dashboard.

4. Late Payment. Access may be suspended if payment is not received within ten (10) days of the due date.

ARTICLE 10 – SUSPENSION & TERMINATION

Provider may suspend or terminate the Service immediately for:

• breach of the AUP or Article 4;

• spam/junk-report rate exceeding 50 per day;

• non-payment;

• Apple ban or legal request affecting the Service.

Upon termination, Customer has a 30-day read-only window to export any data held by Provider (if any).

ARTICLE 11 – INTELLECTUAL-PROPERTY

Provider retains all intellectual-property rights in the Service. Customer owns Customer Traffic. Provider does not host Customer Traffic; messages are drafted locally on Customer’s Apple device and transmitted over third-party networks.

ARTICLE 12 – DISCLAIMERS & LIMITATION OF LIABILITY

• The Service is provided “AS IS” and “AS AVAILABLE.”

• No warranties of merchantability, fitness, non-infringement, uptime or deliverability.

• Liability cap: Provider’s total liability arising out of or related to the Service is limited to the greater of (a) USD $100 or (b) the subscription fees Customer paid in the 12 months preceding the claim.

• Provider is not liable for indirect, consequential, punitive or exemplary damages, or for regulatory fines based on Customer Traffic.

• Provider is not liable for losses stemming from unauthorised access caused by Customer’s failure to safeguard credentials.

ARTICLE 13 – INDEMNIFICATION & INSURANCE

Customer shall defend and indemnify Provider, its affiliates and personnel against any claim, fine or penalty arising from: (a) Customer Traffic; (b) alleged TCPA, CTIA or other regulatory violations; or (c) Customer’s breach of these Terms or third-party rights. Customer must maintain commercially reasonable liability insurance with aggregate limits of at least USD $2 million.

ARTICLE 14 – EXPORT-CONTROL & SANCTIONS

Customer represents it is not located in, and will not export or provide access to the Service from, any country or person embargoed by the United States, and is not on the U.S. Treasury Department’s Specially Designated Nationals list.

ARTICLE 15 – GOVERNING LAW & ARBITRATION

These Terms are governed by the laws of the State of Arizona, USA, without regard to conflict-of-law rules. All disputes will be finally resolved by binding arbitration under the JAMS Comprehensive Rules in Phoenix, Arizona, before a single arbitrator. Proceedings are on an individual basis; class-action waivers apply. Customer may opt-out of arbitration by notifying Provider in writing within 30 days of first acceptance.

ARTICLE 16 – MISCELLANEOUS

Force-majeure, severability, waiver and assignment limitations apply. These Terms (including Schedules) are the entire agreement and supersede all prior discussions. Headings are for convenience only.

SCHEDULE A – ACCEPTABLE-USE POLICY

Customer may use the Service only for lawful purposes and in a manner that complies with Article 4 (Universal Legal-Compliance Covenant). Prohibited uses include (a) content or activity that is unlawful, misleading, infringing, harassing or otherwise objectionable under applicable law or Apple platform rules, and (b) any attempt to evade spam-detection or filtering systems (e.g., snow-shoe sending).

SCHEDULE B – DATA PROCESSING ADDENDUM (DPA)

The parties incorporate the 2021 EU Standard Contractual Clauses (Controller-to-Processor, Module 2) and agree that Provider acts solely as a “service provider” under CCPA/CPRA. Full text is available upon request or via the dashboard.

End of Terms