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Terms and Conditions

Effective as of August 27, 2026

Agreement between User and HCMA

Welcome to www.hcmautomation.com and the related software products and services operated by HCM Automation Solutions LLC ("HCMA," "Company," "we," "us," or "our"). These Terms and Conditions (the "Terms") govern your access to and use of our marketing website, customer-facing applications (including our dashboard and account portals), and related services (collectively, the "Services").

The Services are offered to you conditioned on your acceptance without modification of these Terms. Your use of the Services constitutes your agreement to these Terms. Please read them carefully and keep a copy for your reference.

www.hcmautomation.com provides corporate and product information about HCMA’s HR automation tools and services. Our applications provide workforce-related software features (such as leave management, benefit payment, and call-out related functionality) to employer customers ("tenants") and their authorized users.

If you use the Services on behalf of an employer or other organization, you represent that you are authorized to accept these Terms on behalf of that organization, and “you” includes that organization where applicable. Separate customer agreements may also apply between HCMA and your employer.

Privacy

Your use of the Services is subject to HCMA’s Privacy Policy, which describes how we collect, use, and share personal information, including SMS/text messaging practices. Please review it carefully.

Electronic Communications

Visiting our websites, using our applications, sending emails to HCMA, or opting in to SMS/text messages constitutes electronic communications. You consent to receive electronic communications from us, and you agree that agreements, notices, disclosures, and other communications we provide electronically (including by email, through the Services, or by SMS if you opt in) satisfy any legal requirement that such communications be in writing.

SMS / Text Messaging Program

Program description / business identity. HCMA Automation Solutions LLC (HCM Automation Solutions LLC), 425 Graham Lane, Somerset, Kentucky 42501, may send SMS/text messages to users who opt in. Messages are sent by HCMA Automation in connection with our software products and may include leave management updates, benefit payment reminders, call-out related notices, account alerts, and similar operational notifications on behalf of your employer (tenant) and HCMA.

Accounts and Acceptable Use

You are responsible for maintaining the confidentiality of your account credentials and for activity under your account. You agree to provide accurate information and to notify us promptly of any unauthorized use.

As a condition of use, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain materials or information through any means not intentionally made available through the Services.

Children Under Thirteen / Age Requirements

HCMA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the marketing website only with permission of a parent or guardian. Access to customer applications and the SMS messaging program is limited to authorized workforce users who are 18 years of age or older (or as otherwise permitted under a customer agreement and applicable law).

Links to Third-Party Sites / Third-Party Services

The Services may contain links to other websites ("Linked Sites"). Linked Sites are not under HCMA’s control, and HCMA is not responsible for their content, including any link contained in a Linked Site, or any changes or updates to a Linked Site. Links are provided only as a convenience and do not imply endorsement.

Certain features may be delivered by third-party providers (for example, identity, payments, email, SMS delivery, or document services). By using those features, you acknowledge that HCMA may share information with third parties as needed to provide the requested functionality, subject to our Privacy Policy and applicable customer agreements.

No Unlawful or Prohibited Use / Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms and any applicable customer agreement.

All content included as part of the Services—such as text, graphics, logos, images, software, and the compilation thereof—is the property of HCMA or its suppliers and is protected by copyright and other intellectual property laws. You agree to observe proprietary notices and not to modify, publish, transmit, reverse engineer, transfer, sell, create derivative works from, or otherwise exploit protected content except as expressly permitted.

Your use of the Services does not transfer any ownership rights in HCMA’s intellectual property. We do not grant any licenses, express or implied, except as expressly authorized by these Terms or a customer agreement.

International Users

The Services are controlled, operated, and administered by HCMA from offices within the United States. If you access the Services from outside the United States, you are responsible for compliance with local laws. You agree not to use HCMA content in any country or manner prohibited by applicable laws or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless HCMA, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of or inability to use the Services, your user content, your violation of these Terms, your violation of any third-party rights, or your violation of any applicable laws. HCMA may assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate fully.

Arbitration

In the event the parties are not able to resolve any dispute arising out of or concerning these Terms, whether in contract, tort, or otherwise, such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective, and/or representative proceeding. Further, unless both you and HCMA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, software, products, and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added. HCM Automation Solutions LLC and/or its suppliers may make improvements and/or changes at any time.

HCM Automation Solutions LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on or provided through the Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. HCM Automation Solutions LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall HCM Automation Solutions LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Services, with the delay or inability to use the Services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability, or otherwise, even if HCM Automation Solutions LLC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Services.

Termination / Access Restriction

HCMA reserves the right, in its sole discretion, to terminate or suspend your access to the Services or any portion thereof at any time, with or without notice, subject to any applicable customer agreement. To the maximum extent permitted by law, these Terms are governed by the laws of the Commonwealth of Kentucky, and you consent to the exclusive jurisdiction and venue of courts in Kentucky for disputes arising out of or relating to use of the Services, except that arbitration provisions above control where applicable.

Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HCMA as a result of these Terms or use of the Services. HCMA’s performance is subject to existing laws and legal process, and nothing in these Terms derogates from HCMA’s right to comply with governmental, court, or law enforcement requests relating to your use of the Services or information provided to or gathered by HCMA.

If any part of these Terms is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder shall continue in effect.

Unless otherwise specified, these Terms constitute the entire agreement between you and HCMA with respect to the marketing website and general use of the Services described herein, and supersede prior or contemporaneous communications and proposals regarding that subject matter, except that a signed customer agreement between HCMA and your employer will control to the extent of any conflict for that customer relationship. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

Changes to Terms

HCMA reserves the right, in its sole discretion, to change these Terms. The most current version will supersede previous versions. HCMA encourages you to periodically review the Terms to stay informed of updates. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

Contact Us

HCMA welcomes your questions or comments regarding these Terms:

HCM Automation Solutions LLC

425 Graham Lane

Somerset, Kentucky 42501

Email: [email protected]

Telephone: 855-502-4262

Related: Privacy Policy