Tsunami Automation – Terms of Service (SaaS + Activation Fee)

1. Acceptance of Terms

By creating an account, starting a trial, or using the Services, you:

• Confirm that you have read and understood these Terms and our Privacy Policy;
• Agree to be bound by them;
• Represent that you have the authority to bind your company or organization, if you are using the Services on its behalf.

If you do not agree to these Terms, you must not use the Services.

2. Who We Serve / Eligibility

You may use the Services only if:

• You are at least 18 years old; and
• You have the legal capacity to enter into a binding contract; and
• If you are using the Services on behalf of a business entity, you are authorized to accept these Terms on behalf of that entity.

3. The Services (SaaS + Implementation)

Tsunami Automation provides:

• SaaS platform access – A software platform that helps you manage leads, campaigns, messaging, workflows, automations, and reporting; and
• Implementation & configuration services – One‑time setup, onboarding, configuration, and workflow build‑out delivered as part of your Activation Fee and plan.

The Services are tools and systems that support your business operations. We do not guarantee specific business results such as revenue, profit, lead volume, bookings, or conversion rates, unless expressly agreed in a separate signed contract.

We may add, modify, or remove features over time. When a change is material and negatively affects core functionality of your plan, we will use reasonable efforts to provide advance notice.

4. Accounts, Access, and Security

You are responsible for:

• Maintaining the confidentiality of your login credentials;
• All activity that occurs under your account(s);
• Ensuring that anyone who accesses the Services through your account complies with these Terms;
• Providing and keeping current, accurate account, billing, and contact information.

You must promptly notify us at support@tsunamiautomation.com of any suspected unauthorized access to your account.

5. Subscription Plans, Trial, and Billing (Opt‑Out Trial)

We offer subscription plans (currently Starter, Professional, and Enterprise) and may update or expand available plans from time to time. Your specific plan details, pricing, and included features are shown at checkout and/or on our Pricing page.

5.1 Opt‑Out 14‑Day Trial

If you start a trial, you are enrolling in a 14‑day opt‑out trial:

• You must provide a valid payment method at signup.
• Your subscription will automatically begin billing after the 14‑day trial ends unless you cancel before the trial end date.
• By starting the trial, you authorize us (through our payment processor) to charge your payment method for the applicable subscription fees after the trial ends.

Because opt‑out trials are a form of negative‑option billing, we clearly disclose trial terms at checkout and provide a simple way to cancel, consistent with applicable consumer protection expectations.

5.2 Activation Fee (One‑Time)

At signup, you will be charged a one‑time Activation Fee of $3,000 USD. This fee covers strategy, onboarding, configuration, and initial implementation work for the modules included with your selected plan.

Once we begin implementation work on your account, the Activation Fee is non‑refundable, except where a different outcome is required by law or explicitly stated in a separate written agreement or our Refund & Cancellation Policy.

5.3 Monthly Subscription Fees (USA)

As of the Last Updated date above, standard U.S. monthly subscription prices are:

• Starter: $60/month
• Professional: $120/month
• Enterprise: $210/month

We may change plan names, structures, or prices in the future. Any changes will apply prospectively and will be communicated in advance, for example via our website, in‑app notice, or email. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

5.4 Payment Processor (Stripe)

We use third‑party payment processors (currently Stripe) to process payments. By purchasing or starting a trial, you:

• Authorize us and our payment processor to charge your selected payment method for all applicable fees (including the Activation Fee and recurring subscription charges);
• Agree to comply with the payment processor's terms, policies, and any verification requirements.

You are responsible for any taxes, duties, or similar governmental assessments (other than those based on our income) associated with your use of the Services.

6. Cancellation (Click‑to‑Cancel)

You can cancel your subscription at any time. We provide a simple cancellation method that is at least as easy as signup, and cancellation will stop future recurring charges.

You may cancel by either:

• Using the self‑serve cancellation option in your account's billing settings (preferred); or
• Emailing billing@tsunamiautomation.com from the email address associated with your account with the subject line "Cancel Subscription".

6.1 Timing of Cancellation

• If you cancel before the end of your 14‑day trial, your paid subscription will not begin billing.
• If you cancel after your subscription has started, your cancellation stops future renewals. You generally retain access until the end of your current paid billing period, unless otherwise stated at checkout or in an order form.

Any refund rights you may have are governed by our Refund & Cancellation Policy.

7. Refunds

Our Refund & Cancellation Policy describes when and how refunds may be granted (if at all). That policy is incorporated into these Terms by reference.

Unless our Refund & Cancellation Policy or a separate written agreement explicitly provides otherwise:

• The Activation Fee is non‑refundable once implementation work has started; and
• Ongoing subscription fees are non‑refundable once the billing period has begun.

8. Communications & Compliance (SMS/Email/WhatsApp)

If you use messaging features (for example SMS, email, WhatsApp, or other channels) through the Services, you are solely responsible for:

• Obtaining and maintaining all required consents/opt‑ins from your contacts;
• Honoring opt‑out/unsubscribe requests in a timely manner;
• Complying with all applicable laws and rules (including, as applicable, CAN‑SPAM, TCPA, GDPR, UK GDPR, CCPA/CPRA, and carrier/industry guidelines);
• The content of messages and campaigns you send.

We may suspend or limit messaging features if we believe your use violates law, carrier requirements, or these Terms.

9. Prohibited Uses

You agree not to:

• Use the Services for any unlawful, deceptive, abusive, or fraudulent purpose;
• Violate any privacy, consumer protection, or anti‑spam laws;
• Attempt to gain unauthorized access to the Services or any related systems or networks;
• Interfere with or disrupt the security, integrity, or performance of the Services;
• Resell, sublicense, or otherwise provide the Services to third parties without a separate written reseller or partner agreement.

10. Intellectual Property

We own all rights, title, and interest in and to the Services, including the software, user interface, documentation, designs, and trademarks, subject to any rights of our licensors.

You receive a limited, non‑exclusive, non‑transferable, non‑sublicensable right to access and use the Services during your subscription term, solely for your internal business purposes and subject to these Terms.

You may not:

• Copy, modify, or create derivative works of the Services (except through permitted configurations within the platform);
• Reverse engineer, decompile, or attempt to extract source code, except to the extent such restriction is prohibited by law;
• Remove or alter any proprietary notices or trademarks.

You retain ownership of your data and content. By using the Services, you grant us a limited license to process your data as necessary to provide, maintain, secure, and improve the Services, consistent with these Terms and our Privacy Policy.

11. Third‑Party Services

The Services may integrate with, or link to, third‑party services (for example payment gateways, calendars, email/SMS providers, or advertising/analytics tools). These third parties may have their own terms and privacy policies.

We do not control third‑party services and are not responsible for how they operate. Your use of third‑party services is solely between you and the applicable provider.

12. Disclaimer of Warranties

13. Limitation of Liability

14. Termination / Suspension by Us

We may suspend or terminate your access to the Services, in whole or in part, if:

• You fail to pay amounts due;
• You materially breach these Terms or any applicable law;
• Your use of the Services creates a security risk, legal exposure, or interferes with other customers' use of the Services; or
• We are required to do so by law, court order, or governmental authority.

Where reasonably practicable and legally permitted, we will provide notice before suspension or termination. Upon termination, your right to use the Services will end. Subject to applicable law and our data retention practices, we may delete or restrict access to your data after a reasonable period.

15. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example via email, in‑app notification, or by updating the "Last Updated" date at the top of these Terms).

Your continued use of the Services after updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.

16. Governing Law and Dispute Resolution

These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Texas (USA), without regard to its conflict of law principles.

You agree that any such disputes will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts. Where appropriate, the parties may first attempt informal resolution or mediation before pursuing formal proceedings.

17. Contact

If you have questions about these Terms or the Services, you can contact us at: