Terms of Service

Overview

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND Drover Automations, llc AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “DROVER AUTOMATIONS,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH DROVER AUTOMATIONS RELATED TO THE PLATFORM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

DROVER AUTOMATIONS reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

1. Use of Platform

1.1 Age Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a “Minor”) create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.

1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

You can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.

1.3. Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to Drover Automations, llc, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider

We take privacy seriously. Make sure to read our Privacy Policy and Data Processing Agreement. You also need to have a Privacy Policy of your own that you make available to your customers.

1.4. Privacy. By using the Platform and providing Information on or through the Platform, you consent to Drover Automations, llc’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Drover Automations, llc has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by Drover Automations, llc. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.

1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify Drover Automations, llc immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. Drover Automations, llc reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Drover Automations, llc’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

If you use any of the communication services features on our platform, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.

1.6. Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. Drover Automations, llc is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. Drover Automations, llc is a technology platform communication service application provider. Drover Automations, llc does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

Some features on our platform leverage third-party services. We are not in control of those third party services, so we’re not liable for problems that arise from them.

By the way, if you have been assigned phone numbers or email addresses to be used through our platform, we might have to release those phone numbers or emails if you pause or delete your account, and the phone numbers or addresses may no longer be available if you reactivate or unpause your account.

1.7. Third Party Services. The Platform may leverage or include access to Third Party Services. Drover Automations, llc is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and Drover Automations, llc is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), Drover Automations, llc the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. Drover Automations, llc disclaims all liability related to outages or downtime of Third Party Services.

There might be content on our platform that was created or provided by third parties. We’re not responsible or liable for that content.

1.8. Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of Drover Automations, llc. Drover Automations, llc is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

If you customize the platform, make sure your customizations don’t infringe anyone’s intellectual property rights.

1.9. Customizations. Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. Drover Automations, llc may remove any of your modifications at any time without advance notice and without liability to you.

If you use more data than what’s contemplated by your pricing plan, you might be required to upgrade your plan.

1.10. Excessive Use Restrictions. We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in Drover Automations, llcs sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if Drover Automations, llc’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

We make regular updates to our platform, and sometimes those updates might affect the previous mode of operation of the platform.

1.11. Platform Updates. Drover Automations, llc reserves the right to make updates or changes to the Platform at anytime, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on Drover Automations, llc’s delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.

We don’t allow access to our platform by those located in embargoed countries.

You are responsible for compliance with any local laws that might be applicable to your use of the platform.

1.12. International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. Drover Automations, llc makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited.

2. Suspension and Termination

We may suspend or terminate your ability to resell access to the Platform if you violate the MAP Policy or these Terms.

3. Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which Drover Automations may immediately suspend or terminate your Platform Account in accordance with these Terms:

– Use of the Platform in any way that violates any applicable law or regulation.

– Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.

– Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.

– Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

– Impersonating or attempting to impersonate Drover Automations, a Drover Automations employee, another user, or any other person or entity.

– Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform.

– Engaging in any conduct that would, as determined by Drover Automations, harm Platform users or Drover Automations, or expose either to liability.

– Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform.

– Use of any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

– Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without Drover Automations’ prior written consent.

– Use of any device, software, or routine that interferes with the proper working of the Platform.

– Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

– Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

– Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.

– Otherwise attempting to interfere with the proper working of the Platform.

4. Payment

a. Fees

Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card Drover Automations has on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information and notify us of any changes within 10 days of the change.

b. Noncancellable Fees

Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.

c. Taxes

You are exclusively responsible for taxes and other governmental assessments associated with your use of the Platform. Drover Automations may collect Taxes from you as part of the Fees and all Drover Automations determinations regarding what Taxes to collect are final. You will indemnify Drover Automations for all Claims related to Taxes associated with your activities on the Platform.

d. Overdue Amounts

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and may require you to pay any overdue Fees and other amounts incurred by other means acceptable to us.

e. Payment Disputes

You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute.

f. No Refunds or Credits

All Fees assessed by Drover Automations are non-refundable. Drover Automations does not provide Fee refunds or credits for partially used or unused Platform or Services subscriptions.

g. Cancellations

You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs.

h. Your Responsibility For Financial Transactions

You are solely responsible for all financial transactions you and your team engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services.

5. Affiliate Program

Drover Automations offers an Affiliate Program under which customers may receive commissions for referring new accounts to Drover Automations. Your participation in the Affiliate Program is subject to Drover Automations’ approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a payment account linked to your Drover Automations account in order to earn and receive commission payouts. Commissions may be forfeited if Drover Automations is unable to submit payment to your payment account for any reason.

6. Intellectual Property

6.1. Platform Content

The Platform and Platform Content are the property of Drover Automations or its licensors and are protected by copyright, trademark, and other intellectual property laws. Drover Automations grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content for the purpose of making the Platform available to you and your customers. Any other use, including reproduction, modification, distribution, transmission, republication, or display, is strictly prohibited.

6.2. Drover Automations Marks

Drover Automations Marks are trademarks and service marks of Drover Automations and may not be used without advance written permission. You may not remove any Drover Automations Marks or other proprietary notices that have been placed on or near the Platform or Platform Content.

6.3. User Contributions

User Contributions are considered non-confidential and non-proprietary. You grant Drover Automations the perpetual right to use, reproduce, modify, and distribute User Contributions for any purpose. You represent that you own or control all rights to your User Contributions and that they comply with these Terms.

6.4. Prohibited User Contributions

You are prohibited from posting content that is unlawful, threatening, abusive, or infringes on intellectual property rights.

6.5. Feedback

If you provide Feedback, you grant Drover Automations a perpetual, irrevocable, non-exclusive, fully-paid up, and royalty-free license to use the Feedback without any further compensation or permission.

6.6. Feedback Waiver

You release and discharge Drover Automations from any claims related to the use of your Feedback.

6.7. Copyright; DMCA

If you believe your copyrights have been infringed, notify us following the procedure set forth in this section. We may limit access to the Platform and/or terminate the account of any user who infringes on intellectual property rights.

7. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK, AND YOU AGREE THAT DROVER AUTOMATIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

WITHOUT LIMITING THE FOREGOING, DROVER AUTOMATIONS MAKES NO WARRANTY THAT:

(A) THE PLATFORM WILL MEET YOUR REQUIREMENTS,

(B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS NETWORKS ARE NOT SECURE. THEREFORE, DROVER AUTOMATIONS IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS NETWORK.

DROVER AUTOMATIONS MAKES NO WARRANTY REGARDING TRANSACTIONS EXECUTED THROUGH THIRD PARTIES OR IN CONNECTION WITH THE PLATFORM. SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES, AT ANY TIME WITHOUT NOTICE. WE SHALL NOT BE LIABLE FOR SUCH CHANGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

Your exclusive remedy and Drover Automations’ entire liability, if any, for any claims arising out of these Terms and your use of our Platform or Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.

IN NO EVENT SHALL DROVER AUTOMATIONS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD-PARTY SERVICES.

Indemnification

You agree to defend, indemnify, and hold Drover Automations harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or in any way connected with your use of the Platform, including but not limited to:

– Our use of or reliance on information or data supplied by you, your employees, agents, or customers.

– Any breach of these Terms by you, your employees, agents, or customers.

– Any negligence, gross negligence, or willful misconduct by you or your employees, agents, or customers.

– Violations of applicable law by you, your employees, agents, or customers.

Intellectual Property Rights

If the Platform is found to violate any third-party intellectual property rights, Drover Automations may, at its discretion:

(a) Obtain the right for you to continue using the Platform as per these Terms.

(b) Modify or replace the Platform to make it non-infringing.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

9. Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF DROVER AUTOMATIONS’ PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION OR CLAIM ARISES, REGARDLESS OF WHEN YOU BECAME AWARE OR SHOULD HAVE BECOME AWARE OF IT. FAILURE TO INITIATE A CLAIM WITHIN THIS TIME FRAME WILL RESULT IN THE CLAIM BEING PERMANENTLY BARRED.

10. Injunctive Relief

You acknowledge and agree that a breach of these Terms may cause Drover Automations irreparable harm for which monetary damages would not be an adequate remedy. Therefore, in the event of such a breach, Drover Automations shall be entitled to seek equitable relief, including but not limited to injunctive relief, in addition to any other remedies it may have under these Terms or under applicable law. Drover Automations shall not be required to post a bond or other security when seeking such equitable relief.

11. Waiver And Severability

You acknowledge that a breach of these Terms may cause Drover Automations irreparable harm for which monetary damages would not be an adequate remedy. Therefore, Drover Automations shall be entitled to seek equitable relief, including but not limited to injunctive relief, in addition to any other remedies it may have under these Terms or under applicable law. Drover Automations shall not be required to post a bond or other security when seeking such equitable relief.

No waiver by Drover Automations of any term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Drover Automations to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

12. Change of Control

Drover Automations may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Drover Automations’ prior written consent, which may be withheld at Drover Automations’ sole discretion.

13. Entire Agreement

Except as noted below, these Terms constitute the sole and entire agreement between you and Drover Automations with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Drover Automations.

Drover Automations may enter into a separate agreement with you. The terms of any separate agreement between you and Drover Automations will be considered a part of your entire agreement with Drover Automations. To the extent there is a conflict between these Terms and the terms of your separate agreement with Drover Automations, your separate agreement with Drover Automations will control.

14. Term and Termination

These Terms will remain in full force and effect so long as you maintain a Platform Account with Drover Automations. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.

a. Grounds for Termination: You agree that Drover Automations, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Platform and reporting you to the proper authorities, if necessary. Drover Automations reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.

b. No Right to Services Upon Termination: Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. Drover Automations is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.

c. How to Terminate or Make Adjustments: If you, for any reason, would like to terminate your access to the Platform or make adjustments, Drover Automations requires written notice at least 30 days before your next billing date.

d. No Termination by Third Party Users: Drover Automations has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than Drover Automations must contact the party who originally provided access to the Platform for any inquiries related to termination.

e. Force Majeure: In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

15. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Texas will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Dallas, Texas. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

16. Communications and Contact Information

All notices to a party shall be in writing and shall be made via email. Notices to Drover Automations must be sent to legal@droverautomations.com. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.

Drover Automations may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Drover Automations, you can click on the “unsubscribe link” provided in such communications or contact us at compliance@droverautomations.com.

When you create a Platform account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. Drover Automations will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Drover Automations, do not respond to the email and notify Drover Automations by emailing us at.

For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at or by mail at:

Drover Automations, llc.

ATTN: Legal Department

10249 E Theorem Dr.

Mesa, Arizona 85212

17. Definitions

17.1. “Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.

17.2. “Feedback” means ideas you provide to Drover Automations regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to Drover Automations’ business.

17.3. “Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.

17.4. “Drover Automations Marks” means the Drover Automations name and related logos and service marks of Drover Automations.

17.5. “Information” means data about you and your customers that Drover Automations collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.

17.6. “Login Credentials” means the username and password used to access your Platform Account.

17.7. “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through Drover Automations’ website or mobile application.

17.8. “Platform Account” means the account you created in order to access and use the Platform.

17.9. “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.

17.10. “Prohibited Conduct” means the behaviors described in Section 3.

17.11. “Services” means the variety of product integrations and services that Drover Automations makes available on the Platform. Services may include Third Party Services.

17.12. “Sub-Account” means a subscription for one business under a Platform Account.

17.13. “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

17.14. “Third Party Services” means any Services or other services owned and provided by a third party vendor that Drover Automations makes available to you as a Service on or through the Platform.

17.15. “Training” means any training, information or suggested usages conveyed by Drover Automations about the Platform.

17.16. “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to Drover Automations directly.

17.17. “You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.