Terms of Service

Last updated: October 1, 2026 · Effective immediately

Who this agreement is between

These Terms of Service govern the relationship between Cherry Automate (operated by Kameron Cherry, "we", "us") and you, the client ("you", "your business"). By signing our services agreement, completing our client onboarding form, or paying any invoice, you agree to these terms. Submitting a demo request or contact form does not create a service agreement.

What we do

Cherry Automate provides done-for-you marketing automation services, which may include:

• GoHighLevel CRM setup and configuration
• SMS text automation (missed call text back, website form instant follow-up, lead follow-up sequences)
• Appointment reminder automation
• Neutral review request automation
• Social media lead integration (where scoped)
• Ongoing system monitoring, maintenance, and bug fixes
• Third-party platform integration (for example, RingCentral, SimplePractice, Zapier), where the platform’s available integrations, APIs, or webhooks allow

Coming Soon — not currently available: AI receptionist, voice automation, voicemail drops, advanced reporting, and AI conversation automation. These are not part of any current plan and are not provided unless a future written agreement says otherwise.

Specific services provided to you will be outlined in your services agreement.

Payment terms

• Setup fees are as listed on our pricing page or quoted in your services agreement, and are due before work begins
• Monthly management fees are as listed on our pricing page or quoted in your services agreement, and begin after your system goes live
• Required carrier, phone-number, and messaging registration fees may apply depending on your setup and provider. Any third-party fees will be disclosed before implementation.
• Add-on services are billed as agreed upon in writing
• Invoices are due within 7 days of receipt
• Late payments may result in suspension of services

Refund policy

• Setup fees are non-refundable once work has begun
• Third-party carrier, phone-number, and messaging registration fees are generally non-refundable once paid to the provider
• Monthly fees are non-refundable for the current billing period
• If we are unable to complete your setup due to our own error, we will provide a full refund of the setup fee

Cancellation

• Either party may cancel services with 30 days written notice via email
• Upon cancellation, you retain full ownership of your GoHighLevel sub-account and all automations built
• All outstanding balances are due immediately upon cancellation
• We will help transfer account ownership back to you and remove our access within 5 business days of cancellation

What you own

Everything we build for your business belongs to you:

• Your GoHighLevel sub-account and all data within it
• Your dedicated phone number and SMS registration
• All automation workflows and sequences we build
• All contact data and client information in your CRM

Your responsibilities

To allow us to do our job effectively, you agree to:

• Provide accurate business and legal information for SMS carrier (A2P) registration
• Grant us access to required platforms (for example, website, phone system, booking software) through invites or authorized-user access during setup
• Review and approve all text message content before it goes live
• Ensure your business complies with all applicable laws, including HIPAA if it applies to you
• Ensure your clients have opted in and consented to receive automated text messages
• Respond to our messages within a reasonable time when decisions or approvals are needed
• Pay invoices on time

Access to your accounts

In order to set up, connect, and maintain your automation system, we may need administrator, editor, or authorized-user access to platforms you use (such as your phone system, CRM, website or website forms, scheduling software, automation platforms, hosting provider, or payment platform).

• We do not ask you to submit passwords through website forms. Please invite Cherry Automate as an admin, editor, or authorized user where possible; we’ll send exact access instructions during onboarding
• Where a platform doesn’t support invites, we’ll agree on a secure credential-sharing method together
• We will only use access to configure and maintain the services you requested
• We will never share your login information or credentials with any third party
• We will notify you via text or email before making significant changes to your accounts, and explain what we are doing and why
• We keep access only as long as needed to maintain your system — you may revoke access at any time
• You are responsible for enabling two-factor authentication and other security measures on your own accounts

Data security & limitation of liability for breaches

Cherry Automate takes reasonable precautions to protect your information, including preferring invite-based access over shared passwords and limiting access on a need-to-know basis. However, by providing your information or granting access to your systems, you acknowledge and agree to the following:

• No digital system or transmission of data over the internet is 100% secure
• Cherry Automate cannot guarantee absolute security of your information
• In the event of a data breach or unauthorized access beyond our reasonable control, Cherry Automate shall not be held liable for any damages, losses, or claims arising from such an event
• You agree to hold Cherry Automate, its owner, employees, and agents harmless from any claims, damages, or expenses resulting from a data breach, security incident, or unauthorized access that is not the result of our gross negligence or willful misconduct
• If a security incident occurs, we will notify you as soon as we become aware of it

Limitation of liability

Cherry Automate is not liable for:

• SMS delivery failures caused by carrier issues, network outages, or spam filters
• GoHighLevel platform outages or technical issues beyond our control
• A2P registration rejections caused by incorrect information provided by the client
• Third-party platform outages (RingCentral, SimplePractice, Zapier, etc.)
• Lost revenue, missed appointments, or business losses resulting from automation downtime
• Any indirect, consequential, incidental, or punitive damages of any kind
• Data breaches or security incidents beyond our reasonable control

Our maximum liability in any circumstance is strictly limited to the total fees paid to us in the 30 days prior to any claim.

HIPAA notice

For healthcare practices, we use privacy-conscious workflows and keep automated messages generic where appropriate. HIPAA requirements depend on the specific vendors, integrations, agreements, and data being used. Cherry Automate does not guarantee HIPAA compliance and does not provide legal or HIPAA compliance services. If your business handles protected health information (PHI), you are responsible for determining whether your use of our services, and of the third-party platforms involved, meets your HIPAA obligations.

Confidentiality

We treat all client information as strictly confidential. We will never sell, rent, or share your business information, client data, login credentials, or any confidential information with third parties — except as strictly required to deliver our services (e.g. GoHighLevel, SMS carriers, Zapier). This obligation continues indefinitely after our business relationship ends.

Messaging compliance

By using our SMS automation services, you confirm that:

• Your clients have opted in to receive automated text messages from your business
• You will honor all STOP/opt-out requests immediately and automatically
• You will not use our system to send spam, unsolicited messages, or messages that violate TCPA regulations
• You understand that A2P 10DLC registration is required by carriers and that non-compliance can result in message blocking

Changes to these terms

We may update these Terms of Service from time to time. We will notify active clients of significant changes via email with at least 30 days notice. Continued use of our services after changes take effect constitutes acceptance of the updated terms.

Governing law

These terms are governed by the laws of the State of Colorado. Any disputes will be handled in El Paso County, Colorado. Both parties agree to attempt to resolve any dispute informally before pursuing legal action.

Contact us

Questions about these terms? Reach out:

• Email: kameron@cherryautomate.com
• Phone: (719) 419-9253
• Website: cherryautomate.com