Terms of Service

These Terms of Service ("Terms") govern your access to and use of neweraautomation.com (the "Site"), operated by NewERA Automation LLC ("NewERA," "we," "us," or "our"). By accessing the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

These Terms govern your use of the Site only. If you engage NewERA for services, the terms of your Master Services Agreement (MSA) govern that engagement and supersede these Terms to the extent of any conflict.

1. About NewERA Automation

NewERA Automation LLC is a Texas limited liability company (Filing No. 806592528) that provides automation and workflow software to small businesses and local organizations. Our products include custom automation tooling, intake systems, dashboard platforms, and a local outreach tool.

2. Eligibility

The Site is intended for individuals and organizations that are at least 18 years of age and are considering or currently engaged in a business relationship with NewERA. By using the Site, you represent that you meet this requirement.

3. Site Use — Permitted and Prohibited

3.1 Permitted Use

You may use the Site to:

• Learn about NewERA's services and capabilities
• Submit a contact inquiry
• Review case studies and package information

3.2 Prohibited Use

You may not:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation
• Scrape, copy, or reproduce Site content without our prior written consent
• Attempt to interfere with or disrupt the Site's infrastructure, servers, or networks
• Use automated tools to access or extract data from the Site without authorization
• Impersonate NewERA or any NewERA personnel
• Attempt to gain unauthorized access to any portion of the Site or any systems connected to it

4. Intellectual Property

All content on the Site — including text, graphics, logos, icons, images, and software — is the property of NewERA Automation LLC or its content suppliers and is protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and view the Site for personal, non-commercial evaluation purposes only. No other rights are granted.

Work product developed for clients under a signed MSA is governed by Section 6 of the applicable MSA. Unless explicitly transferred in writing, NewERA retains ownership of all work product, code, tools, and systems it creates. Clients receive a limited non-exclusive license to use delivered work product for the purposes specified in the applicable SOW.

5. Case Studies and Client Information

Case studies and work examples on the Site reflect work performed under client engagements subject to confidentiality obligations. Where client-identifying information appears, it is published with the client's consent.

If you believe information identifying you or your organization has been published without authorization, contact us immediately at hello@neweraautomation.io.

6. Contact Form and Communications

Submitting our contact form does not create an attorney-client, consultant-client, or any other professional relationship. NewERA has no obligation to respond to any inquiry or to enter into any service agreement.

Communications through the Site's contact form are not privileged and should not include confidential or sensitive information. NewERA treats all contact form submissions in accordance with its Privacy Policy.

7. No Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Site will be available at all times or free from errors
• Any information on the Site is accurate, complete, or current
• The Site is free from viruses, malware, or other harmful components

Your use of the Site is at your sole risk.

8. Third-Party Services and Links

The Site may contain links to third-party websites. NewERA does not control and is not responsible for the content or practices of any third-party site. Linking to a third-party site does not constitute an endorsement.

NewERA uses third-party service providers (e.g., hosting and communication tools) to operate the Site. Use of these services is subject to the providers' own terms and privacy policies.

9. Data Privacy

Our collection and use of personal information submitted through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the data practices described in the Privacy Policy.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWERA AUTOMATION LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, NEWERA'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO NEWERA IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless NewERA Automation LLC and its members, managers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; or (c) your violation of any applicable law or the rights of any third party.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Travis County, Texas.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights, any dispute arising out of or relating to these Terms or your use of the Site shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall take place in Austin, Texas, or via videoconference.

12.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE ARISING FROM THESE TERMS OR YOUR USE OF THE SITE WILL BE RESOLVED INDIVIDUALLY AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND NEWERA EACH WAIVE ANY RIGHT TO A JURY TRIAL.

13. Modifications to the Site and Terms

NewERA reserves the right to modify, suspend, or discontinue the Site at any time without notice. We also reserve the right to update these Terms at any time. We will update the "Last Updated" date when we do so. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.

14. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and NewERA Automation LLC with respect to your use of the Site. If you enter into a client services agreement with NewERA, the applicable MSA and SOW govern that engagement.

16. Contact

Questions about these Terms may be directed to:

NewERA Automation LLC — Austin, Texas · Email: hello@neweraautomation.io · Website: neweraautomation.com