Terms and Conditions

Elaine Automations LLC
Effective Date: 31 March, 2026

These Terms and Conditions ("Terms") govern your access to and use of the services, systems, automations, website, forms, funnels, messages, and related offerings provided by Elaine Automations LLC ("Company," "we," "us," or "our"). By purchasing, accessing, or using our services, you agree to these Terms. If you do not agree, do not use our services.

1. Services

Elaine Automations LLC provides business automation and related services through third-party and proprietary tools, including but not limited to:

workflow and automation setup
CRM configuration
funnel and landing page setup
appointment and lead management workflows
email automation
SMS automation, if requested by the client
other services available within the GoHighLevel platform

We are not an advertising agency and do not provide paid advertising management unless we expressly agree to do so in a separate written agreement.

We may modify, suspend, or discontinue any service, feature, or workflow at any time, with or without notice, unless a separate written agreement says otherwise.

2. Eligibility and Authority

You represent and warrant that:

you are at least 18 years old;
you have full authority to bind yourself or your business to these Terms;
all information you provide to us is accurate, current, and complete; and
you will use our services only for lawful business purposes.

If you are acting for a company, you confirm that you have authority to bind that company.

3. Setup Fees, Monthly Retainers, and Billing

Setup Fee:

A non-refundable setup fee applies to the initial build, configuration, onboarding, and implementation of your automation systems.

The setup fee is fully earned once work begins and is non-refundable under all circumstances, including but not limited to dissatisfaction, perceived performance issues, partial completion, or early termination.

Monthly Retainer:

After setup, you will be billed a recurring monthly retainer for continued access to, support for, maintenance of, or use of the automation systems and related services.

Retainers are billed in advance unless otherwise stated in writing.

Limited Refund Policy (Retainer Only):

We may, at our sole and absolute discretion, issue a refund of one (1) month of the monthly retainer fee if:

the request is submitted in writing within 7 days of the charge; and
the client has cooperated fully with all reasonable troubleshooting and implementation recommendations.

Refunds are not guaranteed and may be denied for any reason, including but not limited to lack of client responsiveness, failure to implement recommendations, or factors outside our control (such as traffic, offer quality, or sales process).

Chargebacks and Payment Disputes:

By purchasing our services, you agree not to initiate chargebacks or payment disputes with your bank or payment processor without first contacting us to attempt resolution.

Any chargeback initiated without good-faith resolution efforts will be considered a material breach of these Terms.

In the event of a chargeback, you agree that:

we may immediately suspend or terminate all services;
you remain responsible for the full amount of the disputed charge;
you will reimburse us for any chargeback fees, processing fees, collection costs, and reasonable legal fees incurred;
we may submit these Terms and all related records as evidence to dispute the chargeback.

4. No Guarantee of Results

You understand and agree that automation systems are tools and not guarantees.

We do not guarantee leads, appointments, sales, revenue, response rates, deliverability, conversion rates, business growth, return on investment, search rankings, ad performance, platform approval, or uninterrupted access to any third-party system

Any examples, estimates, projections, or prior results are for illustration only and are not guarantees.

Your business outcomes depend on many factors outside our control, including your offer, pricing, market, follow-up, team performance, compliance, traffic sources, and customer behavior.

5. Client Responsibilities

You are soley responsible for:

your business decisions
your offers, pricing, claims, and representations
your customer service and sales follow-up
the accuracy of the information you provide us
your website content, landing page content, and messaging content
obtaining and maintaining all permissions, approvals, and consents needed for your use of the services
complying with all laws that apply to your business
reviewing and approving any automated message content, workflows, offers, and opt-in language

You agree not to use our services to send spam, unlawful messages, misleading claims, or content that violates any law, platform rule, carrier rule, or third-party policy.

6. SMS, MMS, and Email Compliance

If you ask us to set up or send SMS, MMS, or email on your behalf, you agree to these additional terms.

Your Responsibility for Consent and Lawful Use:

You are solely responsible for obtaining all legally required consent before sending SMS, MMS, or email messages to any contact. This includes express consent, written consent, and any consent required by carrier rules, platform rules, or applicable law.

You represent and warrant that every recipient list, upload, campaign, and automation you ask us to use is lawful.

Opt-Outs and Suppression:

You must honor stop, unsubscribe, opt-out, and similar requests promptly and maintain proper suppression lists. You may not re-message contacts who have opted out unless the law clearly permits it.

Prohibited Conduct:

You may not use our services to:

send unlawful robocalls or robotexts
send deceptive, harassing, abusive, or misleading messages
hide sender identity
send messages without proper consent
send messages in violation of carrier registration or messaging rules
send messages about prohibited or restricted products or services

Compliance Records:

You must keep records showing how and when each contact gave consent. If we request proof of consent, you must provide it promptly.

Suspension for Compliance Risk:

We may suspend or disable any workflow, number, account, template, or campaign that we believe may create legal, regulatory, platform, carrier, or reputational risk.

No Legal Advice:

We do not provide legal advice, and our setup of messaging systems does not make your campaigns compliant. You are responsible for having your own legal review where needed.

7. Client Responsibility for Ad Spend and Traffic

If your business uses advertising, website traffic, lead sources, or any other incoming traffic, you are solely responsible for:

ad spend
traffic quality
lead quality
lead source compliance
ad account compliance
campaign approvals
landing page disclosures
tracking accuracy

We do not guarantee traffic, ad performance, or lead quality.

Any ads, traffic, or marketing campaigns run by you or a third party are your responsibility unless we expressly agree in a separate written contract to manage them.

8. Third-Party Services

Our services may depend on third-party platforms, software, carriers, processors, websites, APIs, and tools, including GoHighLevel and related services.

We do not control third-party services and are not responsible for:

outages
policy changes
pricing changes
suspension or termination of third-party accounts
data loss by a third party
changes in deliverability or platform behavior
carrier filtering or message blocking
failures caused by integrations, APIs, or platform updates

You are responsible for reviewing and accepting the terms and privacy policies of any third-party services you use.

9. Intellectual Property

Unless otherwise agreed in writing, all templates, workflows, automations, methods, processes, systems, code, documents, designs, structures, and materials we create or provide remain our property or the property of our licensors.

After full payment, we grant you a limited, revocable, non-exclusive, non-transferable license to use the deliverables solely for your internal business purposes.

You may not resell, copy, distribute, reverse engineer, or claim ownership of our systems, frameworks, or materials unless we agree in writing.

10. Confidentiality

Each party may receive confidential or proprietary information from the other party. Each party agrees to use the other party’s confidential information only for the purposes of performing under these Terms and to protect it from unauthorized disclosure.

We may disclose information if required by law, legal process, subpoena, platform investigation, payment dispute, or to protect our rights or operations.

11. Suspension and Termination

We may suspend or terminate your access to services, systems, or support at any time, with or without notice, if:

you fail to pay when due;
you violate these Terms;
your account or use creates a legal, compliance, security, fraud, or reputational risk; or
a third-party provider suspends or disables the related account or service.

You may cancel your monthly subscription at any time. No cancellation fees apply unless otherwise agreed in writing.

Termination does not eliminate your obligation to pay any outstanding or accrued fees.

12. Client Data and Backups

You are responsible for maintaining your own backups of your data, contacts, leads, media, and business records.

We are not responsible for lost, deleted, corrupted, or unrecoverable data caused by your actions, third-party failures, platform issues, payment issues, or account suspension.

13. Disclaimer of Warranties

To the fullest extent permitted by law, our services are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

any service will be uninterrupted or error-free;
any automation will be free from bugs, failures, or delays;
any message will be delivered or read;
any third-party platform will continue to function; or
any business result will be achieved.

14. Limitation of Liability

To the maximum extent permitted by law, Elaine Automations LLC will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for any and all claims arising out of or relating to these Terms or the services will not exceed the total amount paid by you to us in the thirty (30) days immediately preceding the event giving rise to the claim.

If any portion of this limitation is found unenforceable, the remaining portions shall remain in full force and effect.

15. Indemnification

You agree to defend, indemnify, and hold harmless Elaine Automations LLC, its owner, contractors, affiliates, and service providers from and against any claims, demands, damages, losses, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

your use of the services;
your violation of these Terms;
your violation of any applicable law or regulation;
your messaging, marketing, or communication practices;
your advertising or traffic sources;
your offers, claims, or content; or
any dispute between you and your customers, leads, or contacts.

16. No Agency Relationship

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and Elaine Automations LLC.

You acknowledge that:

we do not act as your agent or legal representative;
we do not control your business operations or decisions; and
you are solely responsible for your compliance, communications, and actions.

You have no authority to bind or obligate Elaine Automations LLC in any manner.

17. Governing Law, Dispute Resolution, and Arbitration

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles.

Informal Resolution:

Before initiating any legal claim, you agree to first contact us in writing and attempt to resolve the dispute informally within thirty (30) days.

Binding Arbitration:

If a dispute cannot be resolved informally, it shall be resolved through binding arbitration conducted in Washington State by a neutral arbitrator.

Arbitration will:

be conducted on an individual basis only (no class actions or class arbitration);
limit discovery to what is reasonably necessary; and
result in a final and binding decision.

You waive any right to participate in a class action, class arbitration, or representative proceeding.

Exceptions

We reserve the right to seek injunctive or equitable relief in court for non-payment, misuse of services, or violations of our intellectual property rights.

18. Force Majeure

We are not responsible for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to internet outages, platform failures, carrier issues, natural disasters, acts of government, labor disputes, or other force majeure events.

19. Changes to These Terms

We may update or modify these Terms at any time. Updated Terms become effective upon posting or notice. Your continued use of the services after any update constitutes acceptance of the revised Terms.

20. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

These Terms, together with any written proposal, agreement, or scope of work, constitute the entire agreement between you and Elaine Automations LLC regarding the services.

21. Contact Information

Elaine Automations LLC

Richland, WA 99352
Phone: (509)572-0932
Email: [email protected]

22. Acceptance

By purchasing, accessing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.