Effective date: March 21, 2026
This Indemnification Agreement ("Agreement") is part of the Terms of Service governing your use of the AutoBook AI platform. By using the Service, you agree to the indemnification obligations described below.
AutoBook AI provides the technology platform and compliance tools for AI-powered SMS appointment setting. As the business operator using the platform, you are responsible for how you use the Service, the data you provide, the consent you obtain from your leads, and the content communicated on your behalf. This Agreement allocates the risk of third-party claims accordingly.
You agree to indemnify, defend, and hold harmless the following parties (collectively, the "Indemnified Parties"):
You agree to indemnify the Indemnified Parties from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees, court costs, and expert witness fees) arising out of or relating to:
Any claim arising from your use or misuse of the Service, including but not limited to claims by your leads, customers, competitors, or other third parties related to messages sent through the platform on your behalf.
Any breach by you of any representation, warranty, covenant, or obligation in the Terms of Service, this Agreement, the Privacy Policy, or the TCPA Compliance Policy.
Any violation by you of applicable laws, rules, or regulations in connection with your use of the Service, including but not limited to:
Any claims arising from the SMS campaigns you run through the platform, including the content of messages sent on your behalf, the leads and contacts you target, and the business claims or representations made in your messages.
Any claims arising from your failure to obtain valid prior express written consent from leads or contacts before submitting their phone numbers to the Service for SMS communications. This includes TCPA claims, state law claims, carrier complaints, and regulatory enforcement actions related to consent.
Any claims arising from unauthorized access to your account due to your failure to maintain the security of your account credentials, or from unauthorized use of the Service by persons accessing it through your account.
Any claim that the data, content, or materials you provide to the Service infringe, misappropriate, or otherwise violate the intellectual property, privacy, or other rights of any third party.
AutoBook AI will provide you with prompt written notice of any claim for which indemnification is sought. Failure to provide timely notice shall not relieve you of your indemnification obligations except to the extent that you are materially prejudiced by such failure.
You shall have the right to control the defense of any claim subject to indemnification, provided that:
AutoBook AI will provide reasonable cooperation in the defense of any claim at your expense, including providing access to relevant records, information, and personnel as reasonably necessary for the defense. AutoBook AI reserves the right, at its own expense, to participate in the defense of any claim with counsel of its own choosing.
If you fail to assume the defense of a claim within 30 days of receiving notice, or if AutoBook AI reasonably determines that a conflict of interest exists, AutoBook AI reserves the right to assume the exclusive defense and control of the matter at your expense.
Your indemnification obligations under this Agreement do not apply to claims that are finally determined by a court of competent jurisdiction or arbitrator to have arisen solely and directly from AutoBook AI's gross negligence or willful misconduct. In cases of shared fault, indemnification obligations shall be apportioned according to the relative fault of the parties.
Your indemnification obligations do not apply to claims arising solely from a defect in the AutoBook AI platform that causes messages to be sent in violation of your configuration settings (e.g., messages sent outside your configured business hours due to a platform bug, or opt-out requests not processed due to a system failure), provided that you promptly notify AutoBook AI of any such defect upon discovery.
Your indemnification obligations under this Agreement survive the termination or expiration of your account and the Terms of Service. This means you remain responsible for claims arising from your use of the Service even after you stop using it, including claims related to messages sent during the period your account was active, consent obtained (or not obtained) during your use of the Service, and data provided to the platform during your subscription.
Given the regulatory environment surrounding SMS communications and the potential for TCPA claims, we strongly recommend that all business users of AutoBook AI maintain appropriate business insurance coverage, including:
AutoBook AI does not provide insurance and does not guarantee that any specific insurance product will cover claims arising from your use of the Service. Consult with a qualified insurance professional to determine appropriate coverage for your business.
For questions about this Indemnification Agreement, or to provide notice of a claim, please contact us: