Terms of Service

1. The Services

Graphite Automations provides lead intake and organization automations that may include:

• Call/voicemail transcription and AI summaries
• Email summarization and classification (e.g., urgent/not urgent)
• Website form intake and CRM organization
• Routing of lead information into dashboards/CRM systems and creation of notes/opportunities
• Automated communications and messaging workflows, including SMS communications where consent has been obtained

2. Eligibility

You must be able to form a binding contract in your jurisdiction to use the Services. Use of certain communication features, including SMS messaging, may require that you are at least eighteen (18) years of age.

3. Accounts and Access

You may need accounts with third-party platforms (e.g., CRM, telephony, automation tools, messaging providers) to use certain features. You are responsible for:

• Maintaining accurate information
• Safeguarding credentials
• All activity under your accounts

4. Customer Data and Instructions

Customer Data means data you provide or make available to the Services (including your end-users' data). You:

• Retain ownership of Customer Data
• Grant Graphite permission to process Customer Data to provide the Services
• Represent you have rights and permissions to provide Customer Data to us, including consent required for communications or messaging features

5. Compliance Responsibilities (Very Important)

You are solely responsible for complying with all applicable laws and regulations related to your use of the Services, including but not limited to:

• Call recording, voicemail recording, and transcription laws (including consent requirements)
• Privacy and data protection laws
• Marketing and communications laws (including email, SMS, and telephone outreach rules such as TCPA and applicable carrier requirements)

Graphite does not provide legal advice and does not guarantee compliance in your specific use case.

6. Communications Consent

Where messaging features are enabled, including SMS communications:

• Messages are intended to be transactional or conversational in nature and related to inquiries, appointments, onboarding, confirmations, or requested follow-ups
• Message frequency may vary
• Message and data rates may apply
• End-users must provide consent before receiving SMS communications
• Recipients may opt out at any time by replying STOP
• Recipients may reply HELP for assistance

Carriers and messaging providers are not liable for delayed or undelivered messages.

7. Acceptable Use

You agree not to:

• Use the Services for unlawful, harmful, or abusive activity
• Infringe intellectual property or privacy rights
• Attempt to bypass security controls
• Upload malware or attempt to disrupt the Services
• Use the Services to process sensitive data inappropriately (see Section 8)

We may suspend or terminate access for violations.

8. Sensitive Data

Unless expressly agreed in writing, you should not use the Services to process:

• Highly sensitive personal data (e.g., government IDs, protected health information, payment card data)
• Data requiring specialized compliance regimes (e.g., HIPAA/PCI)

If you require such processing, contact us first.

9. Third-Party Services and Integrations

The Services may interoperate with third-party services (e.g., telephony providers, CRMs, automation platforms, messaging providers, AI providers). Your use of those services is governed by their respective terms and privacy policies.

Graphite is not responsible for third-party systems, outages, delivery failures, or data practices outside our control.

10. AI Outputs Disclaimer

AI-generated outputs (summaries, classifications, notes) are produced automatically and may be inaccurate or incomplete. You are responsible for reviewing outputs before relying on them for business decisions.

Graphite does not guarantee that AI outputs will be correct, complete, or suitable for any particular purpose.

11. Fees, Billing, and Payments

If you purchase paid Services:

• Fees and billing terms will be presented at purchase or in a separate agreement or order form
• Payments may be processed through third-party payment processors
• Unless otherwise stated, fees are non-refundable (except where required by law)

12. Confidentiality

If we receive non-public business information from you, we will use reasonable efforts to keep it confidential and use it only to provide the Services, except where disclosure is required by law or with your consent.

13. Intellectual Property

Graphite owns the Services, software, templates, workflows, and related intellectual property, excluding Customer Data.

You receive a limited, non-exclusive, non-transferable right to use the Services during your subscription or engagement.

14. Termination

You may stop using the Services at any time. We may suspend or terminate access if:

• You violate these Terms
• Continued use poses security or legal risk
• Required by law

Upon termination, access to the Services may end, and data availability will depend on connected platforms and retention policies.

15. Disclaimers

16. Limitation of Liability

17. Indemnification

You agree to indemnify and hold harmless Graphite from claims arising out of:

• Your Customer Data
• Your use of the Services
• Your violation of laws or rights of others
• Your use of third-party platforms or integrations

18. Governing Law

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

Venue for disputes will be in Santa Barbara County, California, unless otherwise required by law.

19. Changes to Terms

We may update these Terms from time to time. We will update the Effective Date and may provide additional notice where appropriate. Continued use after changes constitutes acceptance of updated Terms.

20. Contact

Graphite Automations
Email: graphiteautomations@gmail.com