Terms of Service

1. Agreement to Terms

By accessing or using the SmartLeads platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and "you" refers to both you and that entity.

If you do not agree to these Terms, do not access or use the Service. SmartLeads LLC ("SmartLeads," "we," "us," or "our") reserves the right to modify these Terms at any time. Continued use after changes are posted constitutes acceptance.

2. Service Description

SmartLeads is an AI-powered lead qualification and outreach platform that provides:

• Automated SMS outreach and two-way conversational lead qualification
• AI-generated responses, lead scoring, and behavioral analytics
• Campaign creation, scheduling, and pacing controls
• Phone number provisioning and 10DLC registration management
• Contact management, segmentation, and inbox tools
• Real-time reporting and conversion analytics

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and we shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete information during registration and keep your account information updated. You must be at least 18 years old and authorized to conduct business to create an account.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to:

• Immediately notify us of any unauthorized use of your account at support@smrtleads.org
• Use a strong, unique password and keep it confidential
• Not share login credentials with individuals outside your authorized organization
• Be fully responsible for all activity that occurs under your account

4. Acceptable Use

4.1 Permitted Use

You may use the Service only for lawful business purposes and in compliance with these Terms and all applicable laws and regulations, including telecommunications and anti-spam laws.

4.2 Prohibited Activities

You agree not to use the Service to:

• Send unsolicited messages, spam, or communications to recipients who have not given consent
• Violate the TCPA, CAN-SPAM Act, GDPR, CCPA, or any other applicable law or regulation
• Send messages promoting illegal activities, controlled substances, gambling (where prohibited), adult content, or hate speech
• Impersonate any person or entity, or misrepresent your affiliation
• Upload, transmit, or store infringing, defamatory, or unlawful content
• Interfere with or disrupt the Service, servers, or networks connected to it
• Attempt unauthorized access to any part of the Service or another user's account
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated tools (scrapers, bots) to access the Service except through our documented API
• Resell or sublicense access to the Service without our prior written consent

We reserve the right to suspend or terminate accounts that we determine, in our sole discretion, are violating these restrictions or applicable law.

5. SMS Messaging, TCPA, and 10DLC Compliance

5.1 Your TCPA Obligations

You acknowledge that you are the "sender" or "initiator" of messages sent through SmartLeads under the Telephone Consumer Protection Act (TCPA) and similar laws. You are solely responsible for:

• Obtaining prior express written consent from each recipient before sending marketing messages
• Honoring opt-out requests promptly and permanently
• Maintaining records of consent, opt-ins, and opt-outs
• Complying with time-of-day restrictions (generally 8 a.m. – 9 p.m. local time of the recipient)
• Including required disclosures in initial messages (e.g., message frequency, data rates, opt-out instructions)
• Complying with all applicable state telemarketing and consumer protection laws

SmartLeads is not responsible for any TCPA violations, regulatory fines, or legal claims arising from your use of the platform.

5.2 10DLC Registration Requirements

Commercial SMS messaging in the United States using 10-digit long codes requires registration under the 10DLC framework administered by The Campaign Registry (TCR). By provisioning a phone number through SmartLeads:

• You authorize SmartLeads to submit your brand registration to TCR on your behalf using the business information you provide.
• You authorize SmartLeads to register your messaging use-case ("campaign") with TCR and carriers, including message samples, call-to-action descriptions, and opt-in/opt-out language.
• You represent that the information you provide for registration is accurate and complete, and that your actual messaging use-case matches the registered campaign type.
• You acknowledge that carriers may independently review, approve, or reject your campaign, and that SmartLeads does not guarantee campaign approval or delivery rates.
• You will be responsible for any TCR brand or campaign registration fees, which may be charged separately.
• Misrepresenting your use-case in a 10DLC registration may result in carrier filtering, account suspension by carriers, or regulatory action.

5.3 Opt-Out Processing

SmartLeads automatically processes standard opt-out keywords (STOP, QUIT, CANCEL, UNSUBSCRIBE, END) and removes contacts from active messaging campaigns. You agree not to circumvent this system or re-message any contact who has submitted an opt-out without obtaining new explicit consent documented outside the platform.

5.4 Prohibited Message Content

In addition to Section 4.2, the following content categories are specifically prohibited in SMS messages sent through SmartLeads, per carrier and CTIA guidelines: SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco/Vaping), illegal drug promotion, phishing, malware, and any content designed to deceive recipients. Violations may result in immediate account suspension.

5.5 Indemnification for SMS Violations

You agree to indemnify and hold SmartLeads harmless from any claims, penalties, fines, or legal costs (including reasonable attorneys' fees) arising from your failure to comply with TCPA, 10DLC requirements, carrier guidelines, or any other telecommunications law in connection with messages you send through the platform.

6. Pricing and Payment Terms

6.1 Subscription Fees

Access to the Service requires payment of a subscription fee based on your selected plan. Fees are published on our pricing page and are subject to change with 30 days' written notice. Continued use after notice of a price change constitutes acceptance of the new pricing.

6.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis, depending on your plan. By providing a payment method, you authorize SmartLeads (or our payment processor) to charge all fees due. You are responsible for ensuring your payment information is current and accurate.

6.3 Usage-Based Charges

Certain features — including SMS messages sent, AI credits consumed, and phone number provisioning — may be subject to usage-based fees in addition to your base subscription. These charges are calculated and billed at the end of each billing cycle or as otherwise specified in your plan. Carrier passthrough fees (such as 10DLC registration fees) are billed at cost with no markup.

6.4 Late Payment

If payment is not received by the due date, we reserve the right to suspend your access to the Service. Accounts suspended for non-payment for more than 30 days may be terminated and associated data deleted in accordance with our data retention policy.

6.5 Refunds

All fees are non-refundable except where required by applicable law or explicitly stated in a separate written agreement. If you believe you have been charged in error, contact us at billing@smrtleads.org within 30 days of the charge.

6.6 Taxes

Fees are exclusive of taxes, levies, and duties. You are responsible for paying all applicable taxes associated with your subscription, excluding taxes based on SmartLeads' net income.

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. In addition:

• You own all data (contacts, leads, conversations) that you upload to or generate within the Service
• You grant SmartLeads a limited, non-exclusive license to process your data solely to provide and improve the Service
• You are responsible for obtaining all necessary consents to share personal data with SmartLeads and for your use of that data through the platform
• You are responsible for complying with all applicable data protection laws (including CCPA, GDPR where applicable) with respect to the data you process
• You must maintain appropriate records of consent and opt-outs for all contacts you message

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted, error-free, or secure access to the Service. We may perform scheduled or unscheduled maintenance, roll out updates, or experience outages. We will make reasonable efforts to notify users of planned maintenance in advance.

SMS delivery is subject to the policies, network conditions, and filtering decisions of wireless carriers and is outside our direct control. SmartLeads does not guarantee delivery rates, message timing, or carrier throughput for any specific campaign.

9. Intellectual Property

9.1 Our Rights

All content, features, and functionality of the Service — including the software, AI models, UI/UX design, logos, trademarks, and documentation — are owned by SmartLeads and are protected by copyright, trademark, patent, and other intellectual property laws. These Terms do not transfer any intellectual property rights to you.

9.2 License to You

Subject to your compliance with these Terms and payment of applicable fees, SmartLeads grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

9.3 Your Data

You retain all ownership of data you upload to the Service. By uploading data, you grant SmartLeads a limited license to process, store, and analyze it to deliver the Service, ensure compliance, and improve our AI models (using aggregated, de-identified data only).

9.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant SmartLeads a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMARTLEADS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Costs of substitute services
• Damages arising from TCPA violations, carrier filtering, or regulatory actions resulting from your use of the Service
• Any damages exceeding the amounts actually paid by you to SmartLeads in the twelve (12) months immediately preceding the event giving rise to the claim

These limitations apply whether the claim arises in contract, tort (including negligence), strict liability, or otherwise, and even if SmartLeads has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, SmartLeads does not warrant that:

• The Service will meet your specific business requirements or produce particular lead qualification outcomes
• SMS messages will be delivered to all recipients or within any specific timeframe
• AI-generated content will be accurate, appropriate, or legally compliant for your specific use case
• The Service will be uninterrupted, secure, or error-free
• Any defects or errors will be corrected

You use the Service and rely on AI-generated content at your own risk. You are responsible for reviewing all AI-generated messages before deployment and for any outcomes resulting from your use of the platform.

12. Indemnification

You agree to indemnify, defend, and hold harmless SmartLeads LLC and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or violation of these Terms
• Your violation of any third-party rights, including privacy, intellectual property, or contractual rights
• Your violation of applicable law, including the TCPA, state telemarketing laws, and carrier codes of conduct
• Any message you send through the Service, including its content, targeting, and timing
• Any inaccurate information you provide for 10DLC brand or campaign registration

13. Termination

13.1 Termination by You

You may cancel your account at any time by contacting us at support@smrtleads.org or through your account settings. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for early cancellation unless required by law.

13.2 Termination by SmartLeads

SmartLeads may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including (but not limited to) for:

• Violation of these Terms or our Acceptable Use Policy
• Non-payment of fees
• Sending messages that violate TCPA, carrier guidelines, or applicable law
• Conduct that we reasonably believe exposes SmartLeads or others to legal liability
• Extended inactivity

13.3 Effect of Termination

Upon termination: (a) your right to access and use the Service ceases immediately; (b) any outstanding fees become immediately due; (c) SmartLeads will retain and then delete your data in accordance with our data retention policy (typically within 90 days, except for legally required records); and (d) provisions that by their nature should survive termination — including payment obligations, indemnification, disclaimers, and limitation of liability — will remain in effect.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States, without giving effect to any conflict of law principles.

Any dispute arising from or relating to these Terms or your use of the Service that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Sheridan County, Wyoming. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: You agree to resolve disputes with SmartLeads on an individual basis and waive any right to bring or participate in a class action, collective action, or representative proceeding.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any order forms or written agreements referencing these Terms, constitute the entire agreement between you and SmartLeads regarding the Service and supersede all prior agreements on the same subject.

15.2 Changes to Terms

We may modify these Terms at any time. Material changes will be communicated by posting updated Terms on our website and updating the "Last Updated" date. We may also notify you by email. Continued use of the Service after the effective date of changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision in the future.

15.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. SmartLeads may assign these Terms without restriction in connection with a merger, acquisition, or sale of all or substantially all of our assets.

15.6 Force Majeure

SmartLeads shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, carrier outages, labor disputes, or internet infrastructure failures.

16. Contact Information

If you have questions about these Terms or need to reach our legal team, please contact us: