Last updated: 11/15/2023
Welcome to AutoMate Listings Optimizer, a service provided by Oregon Labs, LLC (“Oregon Labs”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your use of the AutoMate Listings Optimizer software-as-a-service product (“Optimizer”) and any related services provided by Oregon Labs.
By using the Optimizer, you (“you”, “your”, or “User”) agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Optimizer.
By accessing or using the Optimizer, you confirm your acceptance of these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In that case, the terms "you" or "your" shall also refer to such entity.
The Optimizer is a software-as-a-service (SaaS) product that helps optimize property listing descriptions for various platforms, such as Airbnb, VRBO, Booking.com, and personal websites, using advanced AI models. Users can manage multiple listings, make revisions to the generated descriptions, and obtain recommendations on optimizing other aspects of their listings. Additionally, AutoMateVacations.com offers AI-powered consulting services to the vacation rental industry.
To access and use the Optimizer, you may be required to create an account (“User Account”) and provide certain personal information. You agree to provide accurate and complete information and to keep your User Account up to date. You are responsible for maintaining the confidentiality of your password and for any activities that occur under your User Account. You must promptly notify us of any unauthorized use of your account.
Oregon Labs offers various subscription plans for the Optimizer with different features, pricing, and usage limitations. The subscription plans and pricing may be subject to change at our discretion. By subscribing to a plan, you agree to pay the associated fees and comply with the plan's limitations.
By providing a valid payment method, you authorize us to charge applicable fees based on your chosen usage elections. For subscription plans, fees are billed in advance and are non-refundable unless otherwise stated. For pay-as-you-go plans, you purchase credits which are redeemable within 180 days from the date of purchase.
We may change the fees for our services at any time. Your continued use of the Optimizer after the fee change becomes effective constitutes your agreement to pay the updated fees.
We stand behind the quality of our services. If you're not satisfied with our service for any reason, we offer a Happiness Guarantee. Under this guarantee, we will give you the choice of either a newly generated listing description or a full refund, as long as your dissatisfaction is reported within 14 days of the original service delivery date. Please note that any requests for a re-write or refund must be justified and are subject to our review and approval.
We respect your privacy and are committed to protecting your personal information. Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, and safeguard your data. Please review our Privacy Policy to understand our practices.
Oregon Labs owns all rights, title, and interest in and to the Optimizer, including all intellectual property rights. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Optimizer for your internal business purposes. You may not use, copy, modify, or distribute the Optimizer, except as expressly permitted by these Terms.
You are responsible for any content you create, upload, or share using the Optimizer (“User Content”). You represent and warrant that you have all necessary rights to use and share the User Content and that it does not infringe on the rights of any third party. We may remove or disable access to any User Content that violates these Terms or applicable laws.
The Optimizer may integrate with third-party services or platforms. We are not responsible for the content, privacy practices, or functionality of such third-party services. You are solely responsible for complying with any terms and conditions applicable to your use of third-party services.
THE OPTIMIZER IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL OREGON LABS BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM YOUR USE OF THE OPTIMIZER OR INABILITY TO USE THE OPTIMIZER, EVEN IF OREGON LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Oregon Labs, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Optimizer or breach of these Terms.
We may terminate or suspend your access to the Optimizer, without prior notice or liability, for any reason, including your breach of these Terms. Upon termination, your right to use the Optimizer will cease immediately.
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of the Optimizer after the changes become effective constitutes your acceptance of the updated Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, USA. Any disputes arising from or in connection with these Terms shall be resolved through good faith negotiation or, failing that, through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
All notices and communications required or permitted under these Terms shall be in writing and sent to the parties' designated contact information via email or other means agreed upon by the parties.
Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, labor disputes, or governmental actions.
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Oregon Labs. We may assign or transfer our rights or obligations under these Terms at our discretion.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
These Terms, together with any other documents incorporated by reference, constitute the entire agreement between you and Oregon Labs concerning the Optimizer and supersede any prior or contemporaneous understandings or agreements. We reserve the right to modify these Terms at any time, subject to applicable laws.
If you have any questions, concerns, or need assistance regarding these Terms or the Optimizer, please contact us at:
Email: nick@automatevacations.com