Legal · Terms

Terms of Service

Effective: 15 April 2026 · Last updated: 15 April 2026

1. Description of Services

Automatika is a productized automation agency. Our Services include:

• Botcake AI Chatbots — AI sales and support chatbot deployment on Messenger, Instagram, and WhatsApp.
• Pancake CRM — customer pipeline / CRM implementation on the Pancake platform.
• Pancake POS — point-of-sale integration on the Pancake platform.
• Paid Ads — Facebook, Instagram, and Google paid media management.
• Managed Operations — monthly retainer for ongoing flow optimisation, bot retraining, CRM clean-up, and response-time monitoring.
• Retainer Support — on-demand technical support for minor changes, team questions, and small bug fixes post-launch.
• X24H Outbound™ and TagPilot™ — our in-house Chrome extensions, offered at discounted pricing to engagement clients.

Specific deliverables, timelines, and commercial terms for each engagement are described in the Statement of Work (SOW), proposal, or order form agreed between the client and Automatika. In the event of a conflict, the SOW prevails for engagement-specific matters while these Terms govern everything else.

2. Eligibility

• You must be at least 18 years old to use the Services.
• If you use the Services on behalf of a business, you represent that you have the authority to bind that business to these Terms.
• You must comply with all applicable laws and third-party terms (for example, the terms of Pancake, Google, Meta, and any platform we integrate with on your behalf).

3. Accounts and sign-in

• The client portal at app.automatika.ph is accessible only by signing in with Google (“Sign in with Google”). You are responsible for the security of the Google account you use.
• You agree to provide accurate information and to keep your business contact details current.
• You are responsible for all activity that occurs under your account. Notify us immediately at hello@automatika.ph if you suspect unauthorised access.

4. Acceptable use

You agree not to use the Services to:

• Violate any law, regulation, or third-party right.
• Send spam, bulk unsolicited messages, or content that violates the policies of any platform we integrate with (e.g. Facebook Messenger, Instagram, WhatsApp, or Google Ads).
• Reverse-engineer, disassemble, or attempt to extract the source code of our Chrome extensions or any other proprietary software we provide.
• Resell, sublicense, or white-label our Services without a written agreement.
• Interfere with the security, integrity, or availability of the Services (including scanning, load-testing, or attempting to access accounts that are not yours).
• Upload malware, illegal content, or personal data of individuals who have not consented to processing through our Services.

5. Fees and payment

• Fixed-scope engagements are billed at the fee quoted in the SOW. Fees are due per the milestones in the SOW.
• Retainers (Managed Operations, Retainer Support) are billed monthly in advance.
• Discounted tool access to X24H Outbound™ and TagPilot™ is provided to active engagement clients on a term defined in the SOW.
• Payment methods: invoice with bank transfer (BDO, BPI, or other Philippine banks), online card via Stripe, or PayPal. Payment processing fees may be passed through where applicable.
• Fees are quoted and billed in Philippine pesos (PHP) unless otherwise specified. Applicable VAT is added where required.
• Late payment: we reserve the right to pause work or suspend access to the Services and our tools if an invoice remains unpaid for more than 15 calendar days past the due date, after written notice to the client's billing contact.
• Refunds. Deposits and milestone payments are generally non-refundable once the corresponding work has begun. Retainers are refundable on a pro-rata basis for the unused portion of a month in the case of cancellation (see §9).

6. Intellectual property

• Pre-existing IP owned by Automatika — including our methodology, frameworks, templates, libraries, Chrome extensions (X24H Outbound™, TagPilot™), and internal tooling — remains our property. We grant you a non-exclusive, non-transferable licence to use the work product we deliver to you, for the operation of your business.
• Your content — data, brand assets, product information, copy, and anything else you provide us — remains yours. You grant us a limited licence to process it only as needed to deliver the Services and to fulfil our obligations.
• Custom work product we create specifically for you (e.g. your Botcake flows, your CRM configuration) is licensed to you for business use. We retain the right to re-use generic patterns, snippets, and techniques in future engagements.
• Third-party platforms (Pancake, Google, Meta, etc.) retain ownership of their own products. Your use of those platforms is governed by their own terms.
• Trademarks. “Automatika™”, “X24H Outbound™”, and “TagPilot™” are trademarks of Automatika Consulting. You may reference them accurately but may not imply endorsement or partnership beyond the scope of your engagement.

7. Service commitments

• 15 business-day delivery is our standard for productized engagements, subject to timely provision of client inputs (brand assets, product information, content approvals).
• 14 days of hyper care are included after every engagement handover and cover minor adjustments, flow tweaks, bug fixes, and team questions. Scope changes outside of hyper care are handled as new work.
• Response-time commitments for active retainers are defined in the applicable SOW or retainer agreement.
• The Services are provided as-is and as-available, with commercially reasonable care. We do not guarantee uninterrupted availability of third-party platforms (Pancake, Meta, Google) or any specific commercial outcome (sales, revenue) — those depend on your product, pricing, and market.

8. Limitation of liability

To the maximum extent permitted by applicable law:

• Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or related to the Services.
• Each party's total aggregate liability to the other for any and all claims arising out of or related to these Terms or the Services will not exceed the total fees paid by the client to Automatika in the twelve (12) months immediately preceding the event giving rise to the claim.
• Nothing in these Terms limits liability for gross negligence, wilful misconduct, fraud, or any liability that cannot be limited by law.

9. Termination

• By the client: you may terminate a retainer with 30 days' written notice to hello@automatika.ph. Fixed-scope engagements may be cancelled prior to the next milestone, with fees owed for work completed up to the cancellation date.
• By Automatika: we may suspend or terminate the Services if you materially breach these Terms or the SOW (for example, non-payment, abusive use, or misuse of the Services in a way that violates third-party platform policies), after written notice and a reasonable opportunity to cure (except where immediate suspension is necessary to protect our systems or other clients).
• Effect of termination: your right to access the client portal ends when the engagement terminates. You may export your data during a 30-day post-termination window. After that, the retention schedule in our Privacy Policy (§6) applies.

10. Third-party platforms

Our Services integrate with third-party platforms (Pancake, Facebook Messenger, Instagram, WhatsApp, Google, Stripe, PayPal, and others). You are responsible for complying with those platforms' own terms and policies. We are not liable for outages, policy changes, account suspensions, or other actions taken by those platforms.

11. Confidentiality

Each party will keep the other party's confidential information in confidence and use it only for the purpose of delivering or receiving the Services. Confidential information includes business data, strategy, pricing, and any information marked confidential or reasonably understood to be confidential. Standard carve-outs apply: information that is public, already known, independently developed, or lawfully received from a third party is not considered confidential.

12. Governing law and jurisdiction

These Terms are governed by the laws of the State of New Mexico, United States of America, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be submitted to the exclusive jurisdiction of the competent state and federal courts located in Bernalillo County, New Mexico. For clients based in the Philippines, we will cooperate with any Philippine National Privacy Commission (NPC) inquiry or data-subject proceeding regardless of this forum clause.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date at the top of this page. For existing engagement clients, we will provide at least 14 days' written notice by email before material changes take effect. Continued use of the Services after the effective date constitutes acceptance.

14. Contact

• Legal name: Automatika Consulting
• Business ID: 7947755 (New Mexico, United States)
• Email: hello@automatika.ph
• Phone: +1 (575) 733-8001
• Headquarters: 1209 Mountain Road PL NE, Albuquerque, New Mexico 87110, USA
• Remote offices: Australia, Philippines, Singapore
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