Terms of Service
These Terms of Service (the “Terms”) are a binding agreement between you and Eighty Automated Technologies (“80-AT,” “we,” “us,” or “our”). They govern your access to and use of our website at www.80-AT.com and any related pages, forms, and features (together, the “Site”), and any information you submit through it, including through our intake form.
Please read these Terms carefully. They include a binding arbitration provision and class-action waiver (Section 15) and an exclusive venue in Bosque County, Texas (Section 16) that affect how disputes are resolved. By using the Site, submitting an intake, or clicking to accept these Terms, you agree to them. If you do not agree, do not use the Site.
1. Who these Terms cover, and what governs paid work
These Terms govern your use of the Site and any inquiry or intake you submit. Any paid engagement — design, development, hosting, care, or other services — is governed by a separate written services agreement, statement of work, or engagement letter that we and the client sign (each, a “Services Agreement”). If anything in these Terms conflicts with a signed Services Agreement, the Services Agreement controls for that engagement. Nothing on the Site is an offer capable of acceptance, and submitting an intake does not create a services contract or any obligation for us to provide services.
2. Eligibility and authority
You must be at least 18 years old to use the Site. If you use the Site or submit an intake on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms, and “you” refers to that entity.
3. Your submissions
You are responsible for the accuracy of the information you submit. You represent that you have the right to provide it and that it does not infringe anyone’s rights or violate any law. Do not submit sensitive personal information (for example, government ID numbers, financial account numbers, or health information) through our intake or contact forms. You grant us a non-exclusive, worldwide, royalty-free license to use the information you submit for the purpose of responding to you and, if you become a client, providing the services.
4. Communications consent (email, phone, and text)
When you provide your contact details and submit an intake, you consent to be contacted by us about your request and our services by email, phone, and text message (SMS) at the contact information you provide, including through automated means. Message and data rates may apply, and message frequency varies. You can reply STOP to any text to opt out of further texts, or HELP for help. Consent to receive marketing texts is not a condition of purchasing any service. See our Privacy Policy for how we handle your information.
5. No guarantees; no professional advice
We build websites and business systems, but we do not guarantee any particular business result. We make no guarantee of leads, sales, revenue, conversion rates, search-engine rankings, traffic, or uninterrupted availability, except as expressly stated in a signed Services Agreement. Content on the Site is for general information only and is not legal, financial, tax, or other professional advice. Sample and demo sites depict fictional businesses for illustration only.
6. Intellectual property
The Site and its content — including text, design, graphics, logos, code, and the arrangement of them — are owned by 80-AT or our licensors and are protected by law. We grant you a limited, revocable, non-transferable license to view the Site for its intended purpose. You may not copy, scrape, reproduce, resell, frame, or create derivative works from the Site without our prior written permission. Ownership of deliverables produced under a paid engagement is addressed in the applicable Services Agreement.
7. Acceptable use
You agree not to:
- use the Site in any unlawful way or for any unlawful purpose;
- submit false, misleading, or fraudulent information;
- interfere with or disrupt the Site, its security, or its infrastructure;
- attempt to gain unauthorized access to any system or data;
- use bots, scrapers, or automated means to access or harvest the Site; or
- reverse engineer or attempt to derive source code except as permitted by law.
8. Third-party services and links
The Site and our services rely on third-party providers (for example, hosting, database, email, payments, e-signature, analytics, and messaging vendors). Your use of features powered by those providers may be subject to their terms and privacy policies. We are not responsible for third-party websites, services, or content, and links to them are provided for convenience only.
9. Fees and payment
Pricing shown on the Site is an estimate and may change. Fees, billing, and payment terms for any paid work are set out in the applicable Services Agreement. Work beyond an agreed scope is billed hourly (currently $125/hr), quoted and approved in advance. You are responsible for chargebacks or reversals made without a good-faith basis.
10. Disclaimer of warranties
The Site and any information, materials, and services provided through it are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
11. Limitation of liability
To the fullest extent permitted by law, 80-AT and its owners, members, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Site or these Terms, even if advised of the possibility of such damages. Our total aggregate liability arising out of or relating to the Site or these Terms will not exceed the greater of (a) the total fees you paid to us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). These limits apply regardless of the theory of liability and are an essential basis of the bargain.
12. Indemnification
You agree to defend, indemnify, and hold harmless 80-ATand its owners, members, officers, employees, and contractors from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Site, (b) information you submit, or (c) your breach of these Terms or violation of any law or third-party right.
13. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, including for any violation of these Terms. Sections that by their nature should survive termination (including Sections 5–6 and 10–16) will survive.
14. Informal resolution first
Before starting an arbitration or lawsuit, you agree to first try to resolve the dispute informally by sending a written notice describing it to legal@80-at.com. We will try to do the same. If the dispute is not resolved within sixty (60) days after notice, either party may proceed under Section 15.
15. Binding arbitration; class-action and jury-trial waiver
Please read this Section carefully — it affects your legal rights. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to the Site or these Terms will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will take place in Bosque County, Texas, or by telephone or videoconference, and judgment on the award may be entered in any court of competent jurisdiction.
Class-action waiver. Disputes will be arbitrated only on an individual basis. You and 80-ATwaive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims.
Jury-trial waiver. To the fullest extent permitted by law, you and 80-AT waive any right to a trial by jury.
Carve-outs. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in the courts identified in Section 16 to protect intellectual property or confidential information, or to compel arbitration or enforce an award.
30-day right to opt out. You may opt out of this arbitration Section by emailing legal@80-at.com within thirty (30) days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
16. Governing law and exclusive venue
These Terms and any dispute are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, or to enforce this arbitration provision or an award, the parties agree to the exclusive jurisdiction and venue of the state courts located in Bosque County, Texas and the United States District Court for the Western District of Texas, Waco Division. You consent to personal jurisdiction there and waive any objection based on inconvenient forum.
17. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the “Effective” date and version above. Material changes take effect when posted, and your continued use of the Site after that means you accept the updated Terms.
18. General
These Terms, together with the Privacy Policy and any applicable Services Agreement, are the entire agreement between you and 80-AT regarding the Site. If any provision is found unenforceable, the rest remains in effect and the unenforceable provision will be limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. You agree we may communicate with you electronically, and that electronic records and acceptances satisfy any legal requirement that such communications be in writing.
19. Contact
Eighty Automated Technologies
Email: legal@80-at.com
Phone: 512-761-7780
Bosque County, Texas