Terms & Conditions

Acceptance of Terms

By accessing or using any part of the SmartAiCallers platform, website, or associated services (collectively, the "Service"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree with any part of these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you (or the company you represent, "Customer") and SmartAiCallers ("we," "us," or "our"). Use of the Service by any employee, contractor, or agent of Customer is subject to these Terms.

Definitions

• Service — The SmartAiCallers AI phone platform, including voice AI, call routing, analytics, and any related software or features.
• Customer — The business or individual that subscribes to and uses the Service.
• End User — Any person who interacts with the Service via a phone call, including your customers and prospects.
• Account — The account created to access and manage the Service.
• Content — Any data, recordings, transcripts, configurations, or information uploaded to or generated by the Service.
• Subscription — A recurring paid plan granting access to the Service for a defined billing period.

Description of Services

SmartAiCallers provides an AI-powered inbound call handling platform designed for automotive businesses including auto parts stores, salvage yards, junkyards, mechanic shops, and car dealerships. The Service enables automated call answering, parts lookup, appointment scheduling, order capture, and call routing using artificial intelligence.

The Service is not a licensed telecommunications carrier and does not provide traditional dial-tone phone service. It does not support emergency (911) calls. Customers are responsible for maintaining their own telecommunications infrastructure.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice. We will not be liable for any modification, suspension, or discontinuation of the Service.

Account Registration & Security

To use the Service, you must create an Account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.

You must notify us immediately at support@smartaicallers.com if you become aware of any unauthorized access to or use of your Account. We are not liable for any loss or damage arising from your failure to protect your credentials.

You may not share your Account credentials with third parties or create Accounts for the purpose of reselling or redistributing the Service without our prior written consent.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:

• Violate any applicable local, state, federal, or international law or regulation, including the Telephone Consumer Protection Act (TCPA) and applicable state telemarketing laws.
• Harass, threaten, deceive, or defraud any person.
• Transmit unsolicited commercial communications or spam.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Attempt to reverse engineer, decompile, or extract the source code of any part of the Service.
• Use the Service to collect data about End Users in a manner that violates applicable privacy laws.
• Resell, sublicense, or otherwise transfer access to the Service to third parties without authorization.
• Introduce malware, viruses, or any other harmful code into the Service or its infrastructure.

We reserve the right to suspend or terminate any Account that violates this Acceptable Use policy, without notice or refund.

AI Features & Call Handling

The Service uses artificial intelligence and machine learning to conduct natural-language voice conversations with callers, look up inventory data, capture orders, and route calls. By using the Service, you acknowledge and agree to the following:

• Call Recording & Transcription. Calls handled by the Service may be recorded and/or transcribed for quality assurance, Service improvement, analytics, and AI training purposes. It is your responsibility to ensure that applicable call recording consent laws are followed in your jurisdiction and for your End Users. Many states require one- or two-party consent for call recordings.
• AI Accuracy. The AI may not always respond accurately. We make no warranty that the AI will correctly identify parts, pricing, availability, or any other information. You should not rely solely on AI-generated responses for critical business decisions.
• AI Training. Aggregated and de-identified call data, transcripts, and usage patterns may be used to improve the underlying AI models powering the Service. We do not sell individually identifiable voice data to third parties.
• Third-Party AI Providers. The Service may utilize third-party AI infrastructure and large language model providers. Your data may be processed by such providers subject to their own data protection terms, which are consistent with our Privacy Policy.
• Inventory Data. Any inventory or catalog data you upload to the Service remains your property. You grant us a limited license to use it solely to operate the Service on your behalf.

Pricing, Billing & Refunds

Access to the Service is provided on a subscription basis. Current pricing is available at smartaicallers.com/pricing. We reserve the right to change pricing with at least 30 days' notice to existing Customers.

• Free Trial. We may offer a free trial period. After the trial period expires, you will be billed at the applicable subscription rate unless you cancel before the trial ends.
• Billing Cycle. Subscriptions are billed monthly or annually in advance depending on the plan selected. All fees are due at the start of each billing period.
• Payment. You authorize us to charge your payment method on file for all applicable fees. Failed payments may result in suspension of your Account.
• Cancellation. You may cancel your subscription at any time from your Account dashboard. Cancellation takes effect at the end of the current billing period. You will retain access to the Service through the end of the period you have paid for.
• Refunds. All fees are non-refundable except where required by applicable law. We do not issue prorated refunds for partial billing periods.
• Taxes. Subscription fees do not include applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities.

Intellectual Property

SmartAiCallers and its licensors retain all right, title, and interest in and to the Service, including all software, AI models, interfaces, designs, trademarks, and documentation. These Terms do not transfer any ownership of intellectual property to you.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your active Subscription solely for your internal business operations. You may not sublicense, sell, copy, modify, or create derivative works based on the Service.

You retain ownership of Content you upload to the Service. By uploading Content, you grant us a worldwide, royalty-free license to use, process, and store that Content as necessary to provide and improve the Service.

Confidentiality

Each party may receive confidential information from the other in connection with the Service. Each party agrees to: (a) keep all confidential information strictly confidential; (b) not disclose it to third parties without prior written consent; and (c) use it only to fulfill obligations under these Terms. This obligation survives termination of your Account for a period of three (3) years.

Confidential information does not include information that is publicly known, independently developed, or lawfully obtained from a third party without restriction.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected. We are not responsible for any damage to your systems, data, or business resulting from your use of the Service.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTAICALLERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

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

Indemnification

You agree to indemnify, defend, and hold harmless SmartAiCallers and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

Term & Termination

These Terms are effective from the date you first access the Service and remain in effect for as long as your Account is active. Either party may terminate these Terms: (a) by canceling the Subscription (Customer); or (b) for material breach that remains uncured for 15 days after written notice (either party).

We may also suspend or terminate your Account immediately, without notice, if we believe you have violated the Acceptable Use policy or if continued provision of the Service creates legal or regulatory risk for us.

Upon termination, your access to the Service will cease. We may delete your Content and Account data after a reasonable grace period following termination. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, and Governing Law) will remain in effect.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You agree that any dispute arising under or related to these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Texas.

Dispute Resolution. Before initiating any formal legal proceeding, both parties agree to attempt good-faith resolution of any dispute by contacting us at support@smartaicallers.com. If the dispute is not resolved within 30 days, either party may pursue formal remedies.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email to the address on file or by posting a prominent notice on the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Service and cancel your Subscription before the changes take effect.

Contact

If you have any questions about these Terms, please contact us at:

SmartAiCallers
support@smartaicallers.com