Terms of Service

These Terms of Service ("Terms") govern your access to the Montara Marketing LLC website at montaraautomation.com (the "Site") and any automation build or care plan services you purchase from us (the "Services"). "We," "us," and "our" mean Montara Marketing LLC, doing business as Montara Automation. "You" and "Client" mean the individual or business using the Site or engaging our Services. Please read these Terms carefully. By using the Site or engaging our Services, you agree to them.

By visiting the Site, booking a call through our scheduling widget, or engaging us for any Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you are agreeing on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to both you and that organization. You must be at least 18 years old and able to enter into a binding contract. If you do not agree with these Terms, please do not use the Site or our Services.

Montara Automation is a done-for-you automation services company. We design, build, and maintain custom automation systems for small businesses, covering tasks such as billing, marketing, client onboarding, and reporting. Our Services generally fall into two parts: (a) a one-time build, in which we design and deliver a custom automation system for an agreed scope and price (typically around $5,000); and (b) a required monthly "Care Plan" (included with every build), in which we monitor, maintain, and make minor adjustments to your automations for a recurring monthly fee (typically around $500 per month). The exact scope, deliverables, and price for any engagement are set out in the written proposal or quote we provide and that you accept (each, an "Order"). If anything in an Order conflicts with these Terms, the Order controls for that engagement.

You can book a free, no-obligation audit or discovery call through the scheduling widget on our Site. The audit helps us understand your business and recommend an approach. Any estimate, recommendation, or pricing we share during or after the audit is an offer, not a binding contract, until we and you both confirm a written Order (for example, by signing a proposal, accepting it in writing, or paying an invoice or deposit). We may decline any engagement at our discretion. Until an Order is in place, no work is promised and no fees are owed.

Build fees. One-time build fees are stated in your Order. Unless your Order says otherwise, we may require a deposit before starting work, with the balance due on delivery or per the milestones in your Order.

Care Plan. The monthly Care Plan is billed in advance each month. There is no long-term contract and no minimum term: you may cancel the Care Plan at any time, effective at the end of the then-current billing month, by giving us notice at hello@montaraautomation.com. We may also discontinue the Care Plan on 30 days notice.

Payment. Invoices are due within 14 days of the invoice date unless stated otherwise. Late amounts may accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower. Fees are exclusive of any applicable taxes, which you are responsible for. You are responsible for any third-party software, subscription, or usage costs your automations rely on (for example, your own accounts with Stripe, QuickBooks, or other tools).

Refunds. Build fees are non-refundable once we have begun work on your Order. Because the Care Plan is month-to-month with no minimum term, you may cancel it at any time, but fees already paid for the current billing month are non-refundable. Please contact us if you have a billing concern and we will work with you in good faith.

Our work depends heavily on your cooperation. You agree to: (a) give us timely, accurate, and complete information about your business, processes, and goals; (b) provide the access we need to your tools, accounts, systems, and data so we can build and maintain your automations (for example, admin or API access to platforms like Stripe, QuickBooks, your email tool, or CRM); (c) make sure you have the right and authority to grant that access and to share any data you provide; (d) keep your own credentials and account security in good order; (e) review deliverables and give feedback within a reasonable time; and (f) maintain your own backups of important data. Delays or inaccuracies on your side may affect timelines, scope, and cost. You are responsible for the ongoing operation of your business and for any decisions you make using the automations we build.

Deliverables. Upon our receipt of full payment for a given build, we assign to you all right, title, and interest in the custom automation workflows, configurations, and code we create specifically for you under that Order (the "Deliverables"), to the extent they are uniquely yours. We intend the Deliverables to be "work made for hire" where that doctrine applies, and to the extent it does not, we hereby assign ownership to you on full payment. Before full payment, all Deliverables remain our property.

Our background materials. We retain ownership of our pre-existing and general-purpose materials, including our methods, templates, frameworks, libraries, internal tools, and know-how ("Background IP"), even if they are incorporated into or used to create your Deliverables. We grant you a perpetual, non-exclusive, royalty-free license to use any Background IP solely as embedded in your Deliverables and as needed to operate them.

Third-party components. Some Deliverables may rely on third-party software, platforms, or open-source components that remain owned by their providers and are governed by their own licenses; you are responsible for complying with those licenses.

Portfolio. Unless your Order says otherwise, we may describe the general nature of the work we did for you in our portfolio and marketing, without disclosing your confidential information, unless you ask us not to.

Your automations typically connect to third-party services that we do not own or control, such as Stripe, QuickBooks, Calendly, email and CRM platforms, and other tools ("Third-Party Services"). Those services can change their features, pricing, APIs, terms, or availability, or can experience outages, at any time and without notice to us. We are not responsible for the acts, omissions, changes, downtime, data practices, or discontinuation of any Third-Party Service, and we are not liable for any disruption to your automations caused by them. If a Third-Party Service changes in a way that breaks or degrades your automations, fixing or rebuilding the affected work may fall outside your current Order or Care Plan and may require additional fees. Your use of any Third-Party Service is governed by that provider's own terms and policies.

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). This includes your business data, customer information, credentials, and processes, and our pricing, methods, and Background IP. Each party agrees to: (a) use the other's Confidential Information only to perform or receive the Services; (b) protect it with at least reasonable care; and (c) not disclose it to others except to employees or contractors who need it and are bound by similar obligations. These duties do not apply to information that is or becomes public through no fault of the receiving party, was already known without a duty of confidence, or is independently developed. A party may disclose Confidential Information if required by law, after giving reasonable notice where permitted. These obligations continue for 3 years after the engagement ends.

Our Site collects limited personal information, primarily through the embedded scheduling widget (such as your name, email, company, and anything you choose to enter) and through limited cookies. How we handle that information is described in our Privacy Policy at privacy.html, which is incorporated into these Terms by reference. If you are a California resident, you may have rights under the California Consumer Privacy Act (CCPA), as amended by the CPRA, and our Site's privacy disclosures are intended to align with the California Online Privacy Protection Act (CalOPPA); see the Privacy Policy for details and how to exercise any rights.

We will perform the Services in a professional and workmanlike manner consistent with industry standards. Except for that limited warranty, and to the fullest extent permitted by law, the Site, the Services, and all Deliverables are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Site, Services, or Deliverables will be uninterrupted, error-free, secure, or compatible with any future change in your tools or any Third-Party Service.

No guaranteed results. Automation can save time and reduce errors, but we do not guarantee any specific financial, revenue, time-savings, or business outcome. Results depend on many factors outside our control, including your business, your data, your team, and the Third-Party Services you use. Any examples or estimates we share are illustrative, not promises. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

To the fullest extent permitted by law: (a) neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages; and (b) our total aggregate liability arising out of or related to these Terms, the Site, or the Services will not exceed the total fees you actually paid us for the specific Services giving rise to the claim during the 12 months before the event that gave rise to the claim. These limits apply regardless of the legal theory and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless Montara Automation and its owner, contractors, and affiliates from and against any third-party claims, damages, losses, liabilities, and reasonable costs and attorneys' fees arising out of or related to: (a) your business, products, or services; (b) the data, materials, accounts, or access you provide to us; (c) your use of the Deliverables after delivery; (d) your violation of these Terms or of any law; or (e) your violation of any Third-Party Service's terms. We will indemnify you against third-party claims that the original Deliverables we create for you, as delivered and used as intended, infringe a U.S. intellectual property right, except to the extent the claim arises from your materials, your modifications, your combination of the Deliverables with other things, or Third-Party Services. The party seeking indemnification must promptly notify the other, allow the other to control the defense, and cooperate reasonably.

These Terms apply while you use the Site or have any active Order or Care Plan with us. Either party may terminate an engagement: (a) for convenience, as described for the Care Plan in Section 4 or as stated in the applicable Order; or (b) for cause, if the other party materially breaches these Terms or an Order and does not cure the breach within 15 days after written notice. On termination, you must pay for all Services performed and expenses incurred up to the termination date. We will deliver to you the Deliverables for which you have paid in full. Sections that by their nature should survive termination, including those on payment owed, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. The parties will first try in good faith to resolve any dispute informally by contacting each other. If a dispute cannot be resolved within 30 days, it will be resolved by [DISPUTE FORUM — choose one: (i) binding arbitration administered by [ARBITRATION BODY] under its applicable rules, seated in [COUNTY, STATE]; or (ii) the state and federal courts located in [COUNTY, STATE], to whose jurisdiction the parties consent]. [OPTIONAL: To the extent permitted by law, each party waives any right to participate in a class or representative action.] Nothing here prevents either party from seeking injunctive relief to protect its intellectual property or Confidential Information. Each party bears its own costs unless the applicable law, Order, or tribunal provides otherwise.

We may update these Terms from time to time. When we do, we will post the revised version on the Site and update the "Last Updated" date below. Material changes will apply to new engagements and to ongoing Care Plans starting with the next billing month after we post them. Your continued use of the Site or Services after changes take effect means you accept the updated Terms. If you do not agree to a change, your remedy is to stop using the Site and to cancel your Care Plan as described in Section 4.

These Terms, together with any Order and our Privacy Policy, are the entire agreement between you and us about the Site and Services and replace any prior discussions. If any provision is found unenforceable, the rest remains in effect and the unenforceable part will be limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control (such as outages, acts of Third-Party Services, or other force majeure events). Nothing here creates a partnership, joint venture, or employment relationship; we act as an independent contractor.

Questions about these Terms or our Services? Contact us at:

Montara Marketing LLC (d/b/a Montara Automation)
8161 E Indian Bend Rd, Ste 103
Scottsdale, AZ 85250
Email: hello@montaraautomation.com

Last Updated: June 7, 2026