Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the SmartSMB website and services. SmartSMB (“SmartSMB”, “we”, “us”, or “our”) is operated by SmartSMB Inc., based in Alberta, Canada. By creating an account, signing an order or engagement letter, or using the service, you (“you” or the “Customer”) agree to these Terms. If you are agreeing on behalf of a business, you represent that you are authorized to bind that business.

1. The service

SmartSMB provides an AI receptionist and missed-call recovery service that answers phone calls, sends and receives text messages, qualifies leads, books and rebooks appointments, and routes notifications on your behalf. Features, integrations, and supported channels may change over time. Where these Terms conflict with a signed order or engagement letter between you and SmartSMB, that signed document controls.

2. Accounts and eligibility

You must be a business (or acting for one), at least the age of majority in your province, and provide accurate registration information. You are responsible for your account credentials and for all activity under your account. Notify us promptly of any unauthorized use.

3. Your responsibilities — calls, messages, and consent

Because the service places and receives calls and messages using your business identity, you are responsible for lawful use. You agree that you will:

• obtain and maintain all consents required by law from the people the service calls, texts, records, or messages on your behalf, including consent for call recording where required;
• comply with all applicable laws governing telecommunications and electronic messaging, including Canada’s Anti-Spam Legislation (CASL), telemarketing and do-not-call rules, and applicable U.S. rules (such as the TCPA) where you contact recipients in those jurisdictions;
• honour opt-out and unsubscribe requests, and not use the service to send unlawful, deceptive, harassing, or unsolicited messages;
• provide accurate business information, calendars, and configuration, and review the AI’s output for your use case;
• not use the service for any unlawful, harmful, or prohibited purpose, or in any way that could disable, overburden, or impair it.

You are the party responsible for your callers’ and customers’ personal information processed through the service. Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms.

4. AI-generated output and human oversight

The service uses automated and AI systems that can make mistakes, including incorrect bookings, transcriptions, or responses. You are responsible for monitoring the service and confirming critical actions (such as appointments and dispatch). SmartSMB does not provide professional, legal, medical, financial, or emergency services, and the service must not be relied on for emergencies.

5. Fees, billing, and taxes

You agree to pay the fees set out in your plan or order. Subscriptions are billed in advance on a recurring basis through our payment processor (Stripe) and renew automatically until cancelled. Setup fees are non-refundable once integration work has begun. Except where required by law or expressly stated, fees are non-refundable. Fees are exclusive of applicable taxes, which you are responsible for paying. We may change fees on reasonable notice, effective at your next renewal.

6. Term, cancellation, and suspension

Engagements are month-to-month after any initial setup period unless your order states otherwise. Either party may cancel with 30 days’ written notice, effective at the end of the current billing period. We may suspend or terminate the service immediately if you breach these Terms, fail to pay, or use the service unlawfully or in a way that risks harm to the service or others. On termination, your right to use the service ends; sections that by their nature should survive (including payment, ownership, disclaimers, liability limits, and indemnity) survive.

7. Data ownership

As between you and SmartSMB, you own the customer data, conversation history, recordings, and bookings generated through the service on your behalf. You grant us a limited licence to process that data to provide, secure, support, and improve the service. We may use de-identified and aggregated data (which does not identify any individual or your business) to operate and improve the platform. You can request export or deletion of your data as described in the Privacy Policy.

8. Third-party services

The service relies on third-party providers (including Retell, Twilio, Supabase, Stripe, Resend, Cal.com, and hosting providers) and may integrate with tools you connect. We are not responsible for third-party services, their availability, or their acts and omissions, and your use of connected tools is governed by their own terms.

9. Service availability

We work to keep the service available and reliable but do not guarantee uninterrupted or error-free operation. The service may be unavailable due to maintenance, third-party outages, or factors beyond our control. We commit to same-day response to issues for active accounts.

10. Disclaimers

The service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will meet your requirements, recover any particular number of leads, or produce any specific result. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

11. Limitation of liability

To the maximum extent permitted by law, SmartSMB and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the service. Our total aggregate liability for all claims relating to the service is limited to the amount of fees you paid to SmartSMB in the one (1) month immediately before the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless SmartSMB and its operators from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the service, your content and configuration, your communications with your callers and customers, or your breach of these Terms or applicable law (including consent, recording, and anti-spam requirements).

13. Confidentiality

Each party may receive confidential information of the other. Each party agrees to protect the other’s confidential information and use it only to perform under these Terms, except where disclosure is required by law.

14. Intellectual property

SmartSMB and its licensors own all rights in the service, software, and brand. We grant you a limited, non-exclusive, non-transferable right to use the service during your subscription. You may not copy, modify, reverse engineer, resell, or create derivative works from the service except as permitted by law.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date above and, where appropriate, by additional notice. Continued use of the service after changes take effect constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. The courts of Alberta have exclusive jurisdiction over any dispute, and you consent to that jurisdiction and venue, except where applicable law gives you the right to bring a claim elsewhere.

17. Contact

Questions about these Terms? Contact support@smartsmb.ai.