Terms of Service

By accessing or using Lobotix ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms apply to all users, including free and paid accounts.

Lobotix is an AI-powered marketing automation platform that allows businesses to create, manage, and send automated email and SMS campaigns to their customers. The Service integrates with third-party platforms (such as Gingr, Gmail, Twilio, and others) via API credentials you provide.

You must provide accurate, current, and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at lobotix.support@gmail.com if you suspect unauthorized access.

You agree not to use the Service to:

• Send unsolicited bulk email or SMS (spam)
• Violate CAN-SPAM, TCPA, GDPR, or any other applicable law
• Send content that is illegal, harassing, defamatory, or fraudulent
• Attempt to circumvent platform limits, billing, or security controls
• Resell or sublicense access to the Service without written permission
• Upload malware, viruses, or any harmful code

We reserve the right to suspend or terminate accounts that violate these rules without refund.

You are solely responsible for ensuring all emails and SMS messages sent through Lobotix comply with applicable laws, including CAN-SPAM and TCPA. This includes maintaining opt-out lists, honoring unsubscribe requests promptly, and having proper consent from your recipients. Lobotix provides unsubscribe infrastructure, but compliance is your responsibility.

You are the sender. Messages sent through Lobotix are sent by you, to your own customers, about your own business. Lobotix is the technical platform that composes and delivers them on your instructions. You are the sender of record for every message and the controller of the recipient data it uses.

You collect and control consent. Consent to be contacted is given by your customers to you — at registration, booking, point of sale, on your own website, or by any other method you operate. Lobotix does not collect consent from your customers and has no direct relationship with them. You decide which contacts are enrolled, which channels they are enrolled in, and when they are removed. You control opt-in and opt-out for your own list.

Your warranties. By sending through Lobotix you represent and warrant, for every recipient, that: (a) you have obtained and can evidence the consent required by applicable law for the channel and message type being sent — including prior express written consent where required for marketing SMS; (b) the consent was given to you for messages of that kind; (c) you have honored every opt-out request you have received; and (d) you have accurately described your consent collection methods to us and to any carrier, aggregator, or messaging provider, including in any A2P/10DLC registration submitted on your behalf.

Liability. As between you and Lobotix, you are responsible for the lawfulness of the messages you send and for the consent underlying them, and you indemnify Lobotix as set out in the Indemnification section below. Lobotix provides opt-out handling, unsubscribe links, and suppression infrastructure as a convenience; using them does not transfer responsibility for consent to Lobotix.

Our enforcement rights. We may suspend or terminate sending — for a single campaign, a channel, or your account — if we reasonably believe messages are being sent without valid consent, if a carrier or messaging provider requires it, or if a registration you submitted misdescribes how consent is collected. We may also be required to provide your consent records or registration details to a carrier, aggregator, or regulator on request.

Nothing in this section is legal advice, and an allocation of responsibility between you and Lobotix does not by itself determine any third party’s rights against either of us. If you are unsure whether your consent practices meet TCPA, CTIA, or carrier requirements for the messages you intend to send, obtain your own legal advice before sending.

Subscriptions. Paid plans are billed monthly in advance. Your subscription renews automatically unless canceled before the renewal date via the billing portal.

Usage fees. Metered usage (emails and SMS sent via Lobotix infrastructure) is billed at the end of each billing period at the rates listed on our pricing page.

Payment failure. If payment fails, we provide a 14-day grace period before account suspension. You can update your payment method in the billing portal at any time.

Refunds. Monthly subscription fees are non-refundable except where required by law. If you believe you were charged in error, contact lobotix.support@gmail.com within 30 days.

You grant Lobotix permission to use the API credentials and customer data you provide solely to operate the Service on your behalf. We do not sell your data or your customers' data to third parties. API credentials are stored encrypted. You can remove integrations and delete your data at any time.

The Service uses AI models (including Anthropic Claude) to generate email copy, campaign strategies, and support responses. AI-generated content may be inaccurate or inappropriate. You are responsible for reviewing all AI-generated content before sending it to your customers. Lobotix is not liable for any harm caused by AI-generated content you choose to send.

Lobotix and its licensors own all rights to the platform, including its code, design, and brand. You retain ownership of your business data, customer data, and any campaigns you create. You grant us a limited license to use your data to operate the Service.

The Service integrates with third-party platforms. We are not responsible for the availability, accuracy, or conduct of third-party services. Your use of third-party integrations is also governed by those services' terms.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. LOBOTIX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EMAILS WILL BE DELIVERED. USE OF THE SERVICE IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOBOTIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, DATA, OR BUSINESS, ARISING OUT OF YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 3 MONTHS PRECEDING THE CLAIM.

You agree to indemnify and hold harmless Lobotix, its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights.

Either party may terminate these Terms at any time. You may cancel your account via the billing portal. We may suspend or terminate your account for violation of these Terms. Upon termination, your right to access the Service ends immediately. We may retain data as required by law.

We may update these Terms from time to time. We will notify you by email or in-app notice before material changes take effect. Continued use of the Service after changes constitutes acceptance.

These Terms are governed by the laws of the United States. Any disputes shall be resolved in the courts of competent jurisdiction. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

Questions about these Terms? Contact us at lobotix.support@gmail.com.