Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the Smart Contact AI LLC website, software, applications, communication tools, and related products and services (collectively, the “Service”).

By accessing or using the Service, creating an account, purchasing a subscription, or otherwise indicating your acceptance of these Terms, you agree to be legally bound by them. If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Smart Contact AI LLC (“Smart Contact AI,” “Company,” “we,” “us,” or “our”).

By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity and authority to enter into this agreement. If you use the Service on behalf of a company or another organization, you represent that you are authorized to bind that organization to these Terms. In that case, “you” and “your” include that organization.

Smart Contact AI provides artificial intelligence-powered contact management and communication solutions. Depending on your subscription, configuration, and use case, the Service may include:

• AI-powered contact organization and management;
• Automated or AI-assisted telephone calls;
• Automated or AI-assisted text messaging;
• Email and other communication features;
• Lead qualification and follow-up;
• Appointment scheduling;
• Live call transfers;
• Call recordings, transcripts, summaries, or disposition information;
• Data analysis and performance insights;
• Integration with third-party platforms;
• Customer support and sales tools; and
• Other related products or services.

Certain Service features may use artificial intelligence and automated technology. AI-generated results may be incomplete, inaccurate, or inappropriate for a particular situation. You are responsible for reviewing outputs and determining whether they are appropriate for your intended use.

We may modify, improve, suspend, restrict, or discontinue any aspect of the Service. When reasonably practical, we will provide notice of material changes that substantially affect paid Service features.

To access certain features of the Service, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your information;
• Keep your login credentials secure and confidential;
• Restrict unauthorized access to your account;
• Notify us promptly of suspected unauthorized access;
• Accept responsibility for activity conducted through your account; and
• Use the Service only within the scope of your subscription and authorization.

You may not create accounts using false information, share accounts with unauthorized individuals, sell or transfer your account, or use another person’s account without authorization.

You are responsible for the acts and omissions of your employees, contractors, agents, and other authorized users.

“Customer Data” means information, content, contact records, telephone numbers, lead information, communication history, recordings, transcripts, instructions, and other materials submitted to or processed through the Service by or on behalf of a customer.

As between you and Smart Contact AI, you retain your rights in Customer Data. You grant Smart Contact AI and its service providers a limited, non-exclusive right to host, process, transmit, reproduce, and otherwise use Customer Data as reasonably necessary to:

• Provide and support the Service;
• Complete communications and requested transactions;
• Maintain, secure, and improve the Service;
• Prevent fraud, abuse, and security threats;
• Comply with legal obligations; and
• Enforce these Terms.

You represent and warrant that:

• You lawfully collected and control the Customer Data;
• You have all rights, notices, permissions, and consents necessary for us to process the Customer Data;
• Providing Customer Data to the Service does not violate any law, contract, privacy right, publicity right, or third-party right; and
• Your instructions concerning Customer Data are lawful.

You may not upload Social Security numbers, full payment-card information, protected health information, or other highly sensitive information unless Smart Contact AI has expressly authorized that information in writing and any required agreement has been executed.

If you use the Service to place calls or send messages, you are solely responsible for ensuring that your campaigns, contact lists, communications, timing, frequency, content, and consent practices comply with all applicable laws, regulations, carrier rules, and industry requirements.

These requirements may include, as applicable:

• The Telephone Consumer Protection Act;
• Federal Trade Commission requirements;
• Federal Communications Commission requirements;
• Federal and state telemarketing laws;
• Federal and state do-not-call requirements;
• Call-recording and wiretapping laws;
• Privacy and consumer-protection laws;
• Cellular carrier requirements;
• Messaging-provider requirements;
• A2P 10DLC requirements;
• Toll-free messaging verification requirements; and
• Applicable messaging-industry standards.

You may use the Service to communicate only with individuals you are legally authorized to contact.

You agree to:

• Obtain all legally required consent before initiating calls or messages;
• Maintain sufficient records demonstrating when, where, and how consent was obtained;
• Ensure consent covers the particular business, communication method, and purpose involved;
• Provide accurate identification of the message sender;
• Include required disclosures in consent forms and messages;
• Honor opt-out, revocation, and do-not-call requests promptly;
• Maintain appropriate suppression and do-not-contact records;
• Observe applicable calling-hour and frequency restrictions;
• Use accurate and non-misleading caller identification information;
• Provide required call-recording or AI-related notices;
• Notify Smart Contact AI if consent is withdrawn or a number is reassigned; and
• Cooperate with compliance investigations and requests for proof of consent.

You may not use purchased, rented, scraped, harvested, or unlawfully obtained contact lists. You may not contact an individual merely because the individual’s phone number appears on a list, unless you possess the legally required consent or another lawful basis for the communication.

Smart Contact AI may request evidence of consent, campaign disclosures, sample communications, opt-in records, or other compliance documentation. We may reject, suspend, limit, or terminate a campaign or account if we reasonably believe it creates legal, regulatory, carrier, security, reputational, or abuse risks.

Smart Contact AI does not provide legal advice and does not guarantee that use of the Service will make your communications legally compliant.

When you affirmatively opt in to receive text messages or telephone calls from Smart Contact AI, we may contact you regarding:

• Your inquiries;
• Requested demonstrations;
• Appointment scheduling and reminders;
• Account activity;
• Customer support;
• Service-related notifications;
• Products or services that may interest you, when authorized; and
• Other purposes disclosed when you provide consent.

Calls or messages may be delivered using automated technology, an automatic telephone dialing system, artificial intelligence, or an artificial or prerecorded voice, where permitted by law and disclosed in the applicable consent language.

Message frequency varies. Message and data rates may apply.

You may opt out of text messages at any time by replying STOP. After submitting an opt-out request, you may receive one final message confirming that your request was processed. For assistance, reply HELP, email info@smartcontactai.com, or call 844-620-7224.

Consent to receive promotional or marketing calls or text messages is not a condition of purchasing any property, goods, or services.

You represent that you are the subscriber or customary user of any telephone number you provide and that you are authorized to provide consent for that number. If your number changes, is disconnected, or is reassigned, you agree to notify us promptly.

Wireless carriers are not responsible for delayed or undelivered messages. Delivery is subject to effective transmission by your carrier and is not guaranteed.

We may modify, suspend, or terminate a messaging program at any time, subject to applicable law.

Certain Service features may record, monitor, transcribe, analyze, or summarize calls and other communications.

If you enable or use these features, you are responsible for:

• Determining whether recording or monitoring is legally permitted;
• Providing all notices required by applicable law;
• Obtaining all required consent from participants;
• Configuring the Service appropriately for your jurisdiction and use case; and
• Restricting access to recordings and transcripts.

You may not use the Service to record or monitor communications without legally sufficient notice and consent.

AI-generated transcripts, summaries, classifications, and recommendations may contain errors. You are responsible for reviewing them before relying on them or using them to make decisions.

You agree to use the Service only for lawful purposes. You may not:

• Use the Service for an illegal, fraudulent, deceptive, or unauthorized purpose;
• Violate applicable laws, regulations, carrier rules, or third-party rights;
• Send spam or unsolicited communications;
• Harass, threaten, abuse, intimidate, or discriminate against anyone;
• Impersonate another person or organization;
• Misrepresent the identity or purpose of a caller or message sender;
• Upload or use unlawfully collected personal information;
• Circumvent opt-outs, suppression lists, consent requirements, or usage restrictions;
• Use the Service for phishing, fraud, malware, or deceptive activity;
• Interfere with or disrupt the Service or associated systems;
• Attempt to gain unauthorized access to the Service;
• Introduce viruses, malicious code, or harmful components;
• Reverse engineer, decompile, or attempt to extract source code except where prohibited by law;
• Test the vulnerability of systems without written authorization;
• Use unauthorized scripts, bots, or automated tools;
• Resell or sublicense the Service without written permission; or
• Use the Service in a manner that could expose Smart Contact AI or its providers to liability, penalties, carrier restrictions, or reputational harm.

The Service may integrate with telecommunications providers, customer relationship management systems, payment processors, hosting providers, analytics services, artificial intelligence providers, and other third-party platforms.

Third-party services are governed by their own terms and policies. We are not responsible for the availability, performance, security, content, or practices of third-party services.

Changes made by a third-party provider may affect the Service. We do not guarantee continued compatibility with any particular third-party platform.

The Service and its original software, content, features, functionality, designs, trademarks, service marks, and technology are owned by Smart Contact AI or its licensors and are protected by applicable intellectual-property laws.

Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for your internal business purposes.

You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service except as expressly authorized in writing.

You retain ownership of content you submit, subject to the limited rights granted under these Terms.

If you provide suggestions or feedback, you grant us the right to use that feedback without restriction or compensation.

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information. By using the Service, you acknowledge our Privacy Policy.

If Smart Contact AI processes personal information on your behalf, additional data-protection terms may apply.

Certain Service features require payment. If you purchase a subscription or paid service:

• You agree to pay all disclosed fees and applicable taxes;
• You authorize us or our payment processor to charge your selected payment method;
• Recurring subscriptions will be billed in advance unless otherwise stated;
• Subscriptions may renew automatically until canceled in accordance with your agreement;
• You must maintain valid and current billing information;
• We may suspend access for overdue amounts;
• Fees are non-refundable unless otherwise stated in writing or required by law; and
• Prices are stated in U.S. dollars unless otherwise specified.

We may change pricing by providing at least 30 days’ notice before the change applies to a subsequent billing period.

We seek to provide a reliable Service, but we do not guarantee uninterrupted availability, delivery rates, response rates, call completion, text-message delivery, lead conversions, appointments, sales, or business results.

Service availability may be affected by:

• Telecommunications carriers;
• Internet and hosting providers;
• Third-party integrations;
• Equipment or software failures;
• Maintenance;
• Security incidents;
• Regulatory or carrier restrictions;
• Message filtering;
• Events beyond our reasonable control; or
• Customer configuration or data quality.

The Service is provided “as is” and “as available,” to the maximum extent permitted by law.

Smart Contact AI disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free;
• The Service will meet your specific requirements;
• Any defect will be corrected;
• Any communication will be delivered;
• AI-generated content will be accurate;
• The Service will produce a particular number of leads, calls, transfers, appointments, sales, or revenue; or
• The Service will make your business compliant with applicable law.

You use the Service at your own risk.

To the maximum extent permitted by law, Smart Contact AI and its officers, members, employees, contractors, agents, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, including loss of profits, revenue, data, use, business opportunities, or goodwill.

To the maximum extent permitted by law, our total aggregate liability for claims arising out of or relating to the Service or these Terms will not exceed the greater of:

• The amount you paid to Smart Contact AI during the 12 months immediately preceding the event giving rise to the claim; or
• $100.

These limitations apply regardless of the legal theory and even if we were advised that damages were possible. Some jurisdictions do not permit certain limitations, so portions of this section may not apply to you.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Smart Contact AI, its affiliates, members, officers, employees, contractors, agents, and service providers from claims, investigations, penalties, damages, judgments, settlements, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising from or relating to:

• Your access to or use of the Service;
• Your Customer Data;
• Your calls, messages, campaigns, or contact lists;
• Your failure to obtain legally required consent;
• Your violation of telemarketing, privacy, recording, messaging, or consumer-protection requirements;
• Your violation of these Terms;
• Your violation of a third party’s rights; or
• Acts or omissions of your authorized users.

We may assume control of the defense of a matter subject to indemnification, and you agree to cooperate with that defense.

We may suspend, restrict, or terminate your access to the Service if:

• You breach these Terms;
• You fail to pay amounts when due;
• Your use creates legal, security, carrier, or abuse risks;
• We receive excessive complaints or opt-out requests;
• We reasonably suspect fraud or illegal activity;
• A carrier or service provider requires suspension;
• Your account remains inactive for an extended period; or
• Suspension is reasonably necessary to protect the Service or another person.

Upon termination, your right to use the Service will cease. Subject to applicable law and contractual obligations, we may delete Customer Data after termination.

You may terminate your account by contacting info@smartcontactai.com. Termination does not eliminate payment obligations or liabilities incurred before termination.

Sections that by their nature should survive termination will remain effective, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, disputes, and payment obligations.

We may update these Terms periodically. If we make material changes, we may notify you by:

• Posting the updated Terms on our website;
• Sending notice to your registered email address; or
• Providing notice through the Service.

The “Last Updated” date identifies when these Terms were most recently revised. Your continued use of the Service after updated Terms become effective constitutes acceptance where permitted by law.

These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles.

Before commencing formal proceedings, you and Smart Contact AI agree to attempt in good faith to resolve a dispute through written notice and informal discussions for at least 30 days.

Except for disputes eligible for small-claims court or requests for temporary or emergency injunctive relief, disputes arising from these Terms or the Service will be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable rules.

Arbitration may take place remotely unless the arbitrator determines that an in-person proceeding is necessary. If conducted in person, arbitration will take place in Limestone County, Alabama, unless the parties agree otherwise.

You and Smart Contact AI waive the right to a jury trial. Claims may be brought only on an individual basis and not as a plaintiff or class member in a class, consolidated, coordinated, collective, or representative proceeding, to the extent permitted by law.

Nothing in this section prevents either party from bringing an individual claim in a court of competent small-claims jurisdiction or seeking temporary injunctive relief where necessary to prevent immediate harm.

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted or modified to the minimum extent necessary. The remaining provisions will remain in effect.

A failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or operation of law.

Smart Contact AI will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, labor disputes, Internet or telecommunications failures, government actions, war, civil unrest, epidemics, carrier outages, or third-party service interruptions.

These Terms, our Privacy Policy, applicable order forms, and any additional written agreements between you and Smart Contact AI constitute the entire agreement concerning the Service and supersede prior understandings relating to their subject matter.

Questions concerning these Terms may be directed to: