Last Updated 14 March 2023

Terms of Service

Smart Convo, the administrator of this website, offers access to its website, products, and services under the condition that you adhere to the terms, conditions, policies, and notices detailed here. References to "Smart Convo," "we," "us," and "our" include Smart Convo, its subsidiaries, and affiliates.


By visiting our website, utilizing any of our products or services, engaging in an electronic conversation facilitated by our products or services, or purchasing from us, you are participating in our "Service" and agree to these Terms of Service ("Terms") and all related terms, conditions, and policies. These Terms apply to all users of the Service, including browsers, suppliers, customers, merchants, and content creators.


Please read these Terms carefully before using or accessing the Service. By engaging with any part of the Service, you agree to be bound by these Terms. If you don't accept all terms and conditions, you are not allowed to use the Services or visit the website. These Terms act as an offer, with acceptance based on the conditions specified.

The Terms also apply to new features or tools added to the existing website. The most recent version of the Terms can always be found on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. It's your responsibility to check this page periodically for updates. Continued use or access to the Service following the publication of any changes signifies acceptance of those changes.

1. WEBSITE TERMS

By using this site, you affirm that you are of legal age or possess guardian consent if underage. You are prohibited from using our service for illegal activities, violating any laws, or transmitting malicious code. Violation of these terms will result in service termination.
 

You are not allowed to use our service for any unlawful or unauthorized purposes, nor are you allowed to break any local laws by using it (including but not limited to copyright laws, and laws governing communications and marketing, including but not limited to the Telephone Consumer Protection Act, 47 U.S.C. 227) You are not permitted to send any damaging code, including viruses. Your Services will be immediately terminated if any of the Terms are broken or violated.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone at our discretion. Your content (excluding credit card information) may be transmitted across networks with modifications to meet technical requirements. Unauthorized use of our service for personal gain is prohibited. You acknowledge that your content (excluding credit card data) may be transmitted over a variety of networks and entail (a) transmissions; and (b) modifications to comply and adapt to the technological requirements of connecting networks or devices Whenever credit card data is transferred over networks, it is always encrypted.

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You agree that you will not, without our prior written consent, reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the service is given.


The headings used in this agreement are simply there for your convenience and have no bearing on these Terms in any way. Only those who are at least 18 years old are permitted to use the Service.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not liable for outdated or inaccurate information on the site. Content is for informational purposes only; consult other sources for decision-making. We may update the site, but monitoring changes is your responsibility. You agree that it is your responsibility to monitor changes to our site.

4. MODIFICATIONS TO THE SERVICE AND PRICES

We may modify prices or discontinue services without notice. We are not accountable for issues resulting from such changes.

5. PRODUCTS OR SERVICES 

Our products and services are available online and may be subject to quantity limits. We may restrict sales to specific individuals or regions, alter product details, or cease product sales at our discretion, and only in accordance with our refund policy. 
 

We reserve the right, but are under no obligation, to restrict the sales of our goods or services to any one individual, community, or legal system. On a case-by-case basis, we may use this right. We have the right to set a cap on the number of any goods or services we provide. All product descriptions and prices are subject to change at any time and without prior notice, at our sole discretion. Anytime, we reserve the right to stop selling any product

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In addition, we do not guarantee that any faults in the Service will be fixed or that the quality of any goods, services, information, or other materials you buy or get will match your expectations.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may reject orders at our discretion. Provide accurate information during ordering and update it as necessary.

In order for us to complete your transactions and get in touch with you as necessary, you agree to immediately update your account and other information, including your email address, credit card numbers, and expiration dates.

7. PAYMENT

Refund Policy: We offer a strict no-refund policy on all our subscription plans. All subscriptions are billed in advance on a monthly basis, and once a subscription has been renewed, no refunds will be provided for any reason. By subscribing to our service, you acknowledge and agree to this no-refund policy.

We reserve the right to modify our pricing at any time by publishing a new price plan on our website and/or sending you a notification via email.
 

Our monthly plan prices are listed on our website and are subject to change at any time. Payment is required for the entire month if the Term includes any portion of the month. The "Pay Date"—the date that falls closest to the day you made your first monthly payment—is when payments are due for any given month. You must pay at the higher level on or before the following pay date if you exceed your sending cap and move up a price level. You will still be obligated to make one payment at the higher level even if the Term expires before that one is due.

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You agree to give us a valid credit card number and authorize us to charge the monthly fees to that card if you have signed up for a Smart Convo subscription. Any credit card information that expires will be changed to information from a current card. Anyone using a credit card does so on the representation and warranty that they have permission to do so and that all charges may be invoiced to that card and won't be declined. Your account will be suspended until your payment can be processed if we are unable to process your credit card order. We will make an effort to reach you via email.
 

We reserve the right to modify our pricing at any time by publishing a new price plan on our website and/or sending you a notification via email.
 

You may offer and sell items, products, content, media, and services (your "User Products") through specific features of the Service and in-bot payments. You are solely responsible for your User Products, any payment-related activities, promotions and related content, compliance with applicable laws, and the content of your communications with your end users via the Service. We only provide you with tools to manage these actions, and we assume no liability for your interactions or dealings with actual or potential end users of your User Products. Payments for purchases of your User Products will be handled by a third-party payment processor, subject to their terms of service and applicable regulations. Your dealings with payment service providers are solely between you and them; we are not a party to these dealings and are not liable for their conduct.

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By using any of our payments features, you acknowledge, warrant and agree that:

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  • You are solely responsible for collecting, reporting, and remitting the correct amounts to relevant authorities, including any taxes related to the purchase or sale of User Products. You must inform your end users and provide them with a duly issued invoice as required by law.

  • You are responsible for all costs associated with obtaining and delivering your User Products, ensuring they are supplied safely and professionally in accordance with industry standards.

  • You are fully accountable for all representations and warranties you make, as well as for any assistance, warranty, and support related to the User Products, and you must offer accurate contact information on your bot in the event of any inquiries, grievances, or claims;

  • You may not offer or sell any User Products, or give any information, content, or material about User Products that may be regarded hazardous, counterfeit, stolen, fraudulent, offensive, or abusive; that are prohibited for sale, distribution, or use; or that otherwise fail to comply with any relevant laws, including consumer rights, intellectual property or privacy rights, product safety, trade rules and sanctions, support, maintenance, and e-commerce.

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Without incurring any liability to you or any of your end users, including for any capacity loss as a result, we reserve the right to suspend, disable access to, or remove your bot and/or any User Products at any time and for any reason (including if any suspicious activity, content, or products are detected or reported).

You are exclusively in charge of confirming the legitimacy of a payment card presented for the purchase of your User Products, goods, and services. Smart Convo does not guarantee or take any responsibility for transactions that are authorized and carried out but may subsequently be overturned or charged back. Regardless of the cause or timing of any transactions that are reversed or charged back, you are completely responsible for them. Without giving you previous warning, Smart Convo has the right to add or remove one or more card types from its supported payment card list at any moment.

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Any and all customer service concerns relating to your products and services, including but not limited to problems emerging from the processing of customers' credit cards through the Service, fall under your sole responsibility. Data security on your website or in your other possession is entirely your responsibility. In connection with the collecting, security, and distribution of any personal, financial, card, or transaction information on your website, you hereby undertake to abide by all applicable state and federal laws and regulations.

8. COMPLIANCE WITH LAWS

You guarantee and represent that any use of the Service you make will adhere to all relevant rules and laws. It is your responsibility to ascertain if using our Services complies with any applicable laws, including any EU Data Privacy Laws. If you use our Service and are subject to any restrictions (such as HIPAA), we won't be held responsible if our Service doesn't adhere to such regulations. You are banned from using our Service for any illegal or discriminatory actions, including those that are against the Equal Credit Opportunity Act, the Fair Credit Reporting Act, and other laws that pertain to business. As required by applicable law, you are also responsible for informing the user of data collection related to the Software.

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In full compliance with all applicable laws, rules, and regulations, including but not limited to the Telephone Consumer Protection Act, 47 U.S.C. 227 and its implementing regulations, 47 C.F.R. 64.1200, you represent and warrant that you alone will be responsible for obtaining end user consent for text messaging. Additionally, you guarantee and represent that you won't use the service to contact customers who have asked to stop hearing from you.

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If you are located in the European Economic Area (EEA) or serve end-users in the EEA market, you represent and warrant that in using the Software, you:

  1. Will get consent or use any other method that is available and authorized by law to send data to Smart Convo for processing, and you'll abide by the terms of your privacy statement as it is now posted.

  2. All data relating to any individual was acquired, stored, utilized, and transferred in accordance with all applicable data protection laws and regulations. You have the authority necessary to give Smart Convo permission to receive and handle data on your behalf.

  3. Recognize that, for all purposes under relevant data protection or privacy laws and regulations, Smart Convo processes the aforementioned Customer Data while you continue to be the Controller of the aforementioned Customer Data.

  4. You agree not to acquire, manage, or process sensitive information through the Service. You using the Service to gather or manage sensitive information will not subject us to any liability.

  5. Accept to hold Smart Convo, its officers, and directors free from all claims, demands, and losses, including legal costs, resulting from your failure to uphold any of the representations and warranties in this Section 8 on your behalf.

9. THIRD-PARTY LINKS

Materials from third parties may be included in some content, goods, and services made available through our site.


You might be taken to third-party websites through links on our website that are not connected to us. We disclaim all liability and responsibility for any errors or omissions in the content or accuracy of any third-party materials or websites, as well as for any other third-party materials, goods, or services.


Any loss or damages resulting from the acquisition or use of products, services, resources, content, or any other transactions made in conjunction with any third-party websites are not our responsibility. Before you enter into any transaction, please carefully research the third party's rules and practices to ensure that you are familiar with them. Any issues, claims, worries, or inquiries regarding items from third parties should be addressed to the third party.

10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You understand and agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us, whether in response to one of our specific requests (for example contest entries) or without our specific request that you send certain specific submissions (for example, creative ideas, suggestions, proposals, plans, or other materials), and regardless of whether the submission is for consideration of one of our requests or not. We are not and never will be obligated to (1) keep any comments private; (2) compensate for any remarks; or (3) reply to any comments.

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We may monitor, edit, or remove content that, in our sole discretion, is offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's rights, including intellectual property rights, or these Terms of Service, but we are not required to do so.


You acknowledge that you will not post anything that infringes on anybody else's copyright, trademark, privacy, or other proprietary or personal rights. You further agree that your comments won't contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the Service or any website connected to it. You may not impersonate another person, use a false email address, or in any other way mislead us or other people as to the source of any remarks. You alone are accountable for the truthfulness of any remarks you make. Regarding any remarks made by you or any other party, we disclaim all liability.

  1. PERSONAL INFORMATION

Your submission of personal information through the Service is governed by our Privacy Policy.


  1. ERRORS, INACCURACIES AND OMISSIONS

On rare occasions, material on our website or in the Service may have clerical or other mistakes, inaccuracies, or omissions that may relate to product descriptions, pricing, special offers, promotions, shipping costs, and other costs, as well as to services and availability. Without prior notice, we retain the right to change or update information, cancel orders, and/or correct any mistakes, inaccuracies, or omissions in any part of the Service or on any connected website (including after you have submitted your order).

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Except as required by law, we make no commitment to update, modify, or clarify any information in the Service or on any associated website, including without limitation pricing information. It should not be assumed that all of the information in the Service or on any connected website has been updated or amended because there is no explicit update or refresh date applied.

  1. PROHIBITED USES

You are forbidden from using the website, its content, or the Service in addition to any prohibitions outlined in the Terms of Service. Infringing upon or violating our intellectual property rights or the intellectual property rights of others includes: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, or (g) to upload or transmit harmful software, including viruses, that will or might be used to interfere with how the Service works or how linked websites, other websites, or the Internet operate; (h) to collect or track the personal information of others; I to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any other website, or (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Service or of any related website, For breaching any of the banned uses, we retain the right to stop you from using the Service or any connected website.

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You also consent to refrain from abusing our services, such as by tampering with them or gaining access to them via a different channel than the one we have provided or by interfering with them in any way. While using the Services or gaining access to them, you may not: (3) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Smart Convo and third-party integrations that are authorized by us. (4) access or search or attempt to access or search the Service by any means (automated or otherwise) (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Smart Convo.

We reserve the right to restrict access to the platform for users and/or Facebook pages whose actions have the negative effect of lowering the quality of life for other platform users, Facebook users, employees, affiliates, or partners of Facebook, or employees, affiliates, or partners of Smart Convo.

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Additionally, we reserve the right to access, read, maintain, and disclose any information that is reasonably necessary to: (1) conform to any applicable law, regulation, legal process or governmental request; (2) enforce the Terms, including looking into possible breaches of them; (3) identify, avoid, or otherwise deal with fraud; (4) respond to user support requests; or (5) protect the rights, property, or safety of Smart Convo, its users, or third parties. Except as permitted by our Privacy Policy, Smart Convo does not reveal personally identifying information to other parties.

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not promise or warrant that using the Service will be speedy, secure, error-free, or uninterrupted. We do not guarantee the accuracy or dependability of any outcomes that may be attained via the use of the Service. You acknowledge that we reserve the right to discontinue the Service at any time and without prior notice, including temporarily.

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You clearly acknowledge that the Service is used at your own risk, whether you can use it or not. Except as otherwise expressly stated by us, the Service and all products and services delivered to you through the Service are provided "as is" and "as available" for your use, free from any express or implied representation, warranty, or condition, including without limitation any implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.

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Any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, shall never be made by Smart Convo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors. Any inaccuracies or omissions in any content, as well as any loss or harm of any kind sustained as a result of using the service or any materials (or products) posted, transmitted, or otherwise made available through the service, even if the provider has been informed of the possibility of such damages.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. INDEMNIFICATION

You acknowledge that your actions hereunder may constitute a breach of these Terms of Service or the documents they incorporate by reference, or a violation of any law or the rights of a third party, and you hereby indemnify, defend, and hold harmless Smart Convo and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contracts, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party.



  1. TERMINATION

The responsibilities and liabilities of the parties accrued before the termination date of these Terms shall, for all purposes, survive the termination of these Terms.


Unless and until terminated by either you or us, these Terms of Service are in force. By telling us that you no longer want to use our services or by stopping your usage of our services, you may terminate these Terms of Service at any time.


We may also terminate this agreement at any time without prior notice, and you will remain liable for all sums due up until and including the date of termination. Additionally, we may do so in order to prevent you from using our Services if, in our sole discretion, you fail to comply with any term or condition of these Terms of Service or we think that you have failed to do so (or any part thereof).

  1. ENTIRE AGREEMENT

A right or term of these Terms of Service shall not be deemed to have been waived by us if we fail to exercise or enforce it.


The policies and operating guidelines posted by us on this website or in relation to the Service together with these Terms of Service set forth the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms of Service).

Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.

  1. GOVERNING LAW

The laws of the state of California in the United States will govern these Terms of Service and any other agreements by which we provide you Services, and will be followed in their interpretation.


  1. COMMUNICATION BY TEXT MESSAGE OR EMAIL

The following Compliance and Indemnity Terms ("CIT") are required if you want to send text messages or emails to your users. You must use the Service in accordance with all applicable laws and rules, including without limitation all state, provincial, and federal laws, particularly the Telephone Consumer Protection Act of the United States, as amended ("TCPA"); the Personal Information Protection and Electronic Documents Act of Canada ("PIPEDA"), and any substantially equivalent provincial privacy laws; and Canada's Anti-Spam Law, ("CASL"), all of which are as of the date of this Agreement. By making any use of the Services, you expressly warrant that you are and shall continue to act in full compliance with the law.


You affirm that you have read and comprehend all relevant laws and regulations, including the Electronic Messaging Laws and any related state, provincial, or territorial laws. You are aware that sometimes state and local regulations are more stringent than federal regulations. To be sure you comprehend and abide by these guidelines, you should go over them with your own legal counsel. Smart Convo won't be in charge of making sure your actions adhere to all relevant legal regulations. If you are ever found guilty of breaking a law, rule, or regulation, Smart Convo will not be held responsible. Despite the aforementioned, you acknowledge that Smart Convo has taken and is continuing to take proactive measures to support its customers' compliance, including by having you accept these Terms.

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You realize and agree that calling, texting, or emailing a consumer without first getting their express written agreement is typically against federal law, including the TCPA. Smart Convo is not liable for ensuring that you do not send messages to customers by phone or email that aren't permitted without their authorization.

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You recognize that it is typically against Canadian federal legislation, including CASL, to contact a customer by phone, text message, electronic messaging, or email without first receiving the consumer's express written consent. Unless you have obtained that person's consent in accordance with the relevant law, you will not contact that person through the Services or regarding the Services. Upon our request, you must give us evidence of any such consents or opt-ins, the messages you sent, and how you handled unsubscribe requests. Your messages must contain any information required by applicable regulations, such as your name, mailing address, an email, phone number, or website, as well as a way for recipients to unsubscribe.

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If a person using the Services has opted out or withdrawn their consent, including if they have responded "STOP" or something similar to one of your earlier messages, you will not send them any messages. You alone, not Smart Convo, are accountable for the information in your communications and their adherence to all applicable laws. You acknowledge and agree that Smart Convo only acts as a service provider to enable the sending of your messages, and that you have complete control over the message's content and intended recipient. You also agree that you are responsible for ensuring that your messages adhere to all applicable laws.

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The transmission of messages to consumers via text message, phone, or email that violate the consent rules is not Smart Convo's responsibility.

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You consent to hold Smart Convo, its owners, members, directors, officers, agents, employees, contractors, consultants, and vendors harmless from and against any and all claims, suits, fines, costs, expenses, judgments, and fees, including reasonable attorney's fees, court costs, and expenses, resulting from a claim alleging any violation of the law by you or alleging facts that would constitute a breach of your warranties or obligations under the terms of the Agreement. Any such third-party claim, demand, litigation, investigation, or procedure made against Smart Convo shall be promptly indemnified, defended, or settled. You will be given control and authority over the defense and settlement of the claim, subject to Smart Convo's approval of any settlement, which approval will not be unreasonably withheld. Smart Convo will: I promptly notify you of such claim; (ii) offer you reasonable information, assistance, and cooperation in defending the lawsuit or proceeding; and (iii) provide you with control and authority over the defense and settlement of such claim.

  1. COMMUNICATION WITH SMART CONVO AND ITS CLIENTS

You confirm that all contact details you give to Smart Convo and its customers, such as your mobile phone number and email address, are genuine and accurate. Additionally, you confirm that any phone numbers or email addresses you give Smart Convo and its clients are yours to use and that you are the subscriber. You acknowledge that by voluntarily giving Smart Convo and its clients access to your phone numbers and/or email addresses, you expressly consent to being contacted at such numbers and/or addresses.

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You agree to receive emails, texts, voicemails that have already been recorded, and/or autodialed calls from Smart Convo and its clients about this agreement, any transactions you have with them, issues involving your account, and promotions they are running. Even if your phone number is listed on any state, provincial, territorial, or federal do-not-call list, Smart Convo and its clients may still contact you. You agree that your phone company may charge you for these messages or calls, and Smart Convo and its clients will not be liable for any costs.

  1. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

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By publishing updates and changes to our website, we retain the right to amend, modify, or replace any portion of these Terms of Service at any time. It is your duty to often check our website for updates. Any modifications to these Terms of Service that are posted after you first use our website or use the Service indicate your acceptance of those modifications.

23. SOFTWARE OUTAGES AND LIMITATIONS

We strive to provide a reliable and efficient service; however, occasional software outages may occur due to technical issues, maintenance, or unforeseen circumstances. We make every effort to minimize downtime and to resolve any outages promptly. By using our Service, you acknowledge and accept that temporary outages and service interruptions may occur and that we cannot guarantee uninterrupted access to our Service.


As we continuously develop and improve our software, we appreciate your understanding and patience during such outages. While we aim to inform our users of any planned maintenance or expected outages, we are not obligated to do so. We are not responsible for any damages, losses, or inconveniences resulting from software outages or service interruptions.
 

Your use of our Service during periods of software outages or service interruptions is at your own risk, and we encourage users to implement appropriate backup and contingency plans to safeguard their data and operations.

  1. CONTACT INFORMATION

Questions about the Terms of Service may be sent to us at support@SmartConvo.com with the subject line “Questions about terms.