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 do not agree to these Terms, you may not access or use the Service. SmartLeads LLC ("SmartLeads," "we," "us," or "our") reserves the right to modify these Terms at any time.

2. Service Description

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

• Automated lead qualification through SMS conversations
• AI-powered lead scoring and behavioral analytics
• Conversational intelligence and natural language processing
• Predictive analytics and conversion likelihood scoring
• Real-time insights and reporting dashboards

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.2 Account Security

You agree to:

• Immediately notify us of any unauthorized use of your account
• Use strong passwords and keep them confidential
• Be responsible for all activity occurring under your account
• Not share your account credentials with others

4. Acceptable Use

4.1 Permitted Use

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

4.2 Prohibited Activities

You agree not to:

• Send unsolicited messages or spam
• Violate any applicable laws, including TCPA, CAN-SPAM, and GDPR
• Impersonate others or provide false information
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for fraudulent or illegal activities
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices or labels

5. Pricing and Payment

5.1 Fees

You agree to pay all fees associated with your selected plan. Fees are subject to change with 30 days' notice. We reserve the right to modify pricing at any time.

5.2 Billing

Subscription fees are billed in advance on a recurring basis. You authorize us to charge your payment method for all fees incurred. Non-payment may result in service suspension or termination.

5.3 Refunds

All fees are non-refundable except as required by law or as explicitly stated in your service agreement.

6. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for:

• Obtaining proper consent from contacts before messaging them
• Complying with all applicable data protection and privacy laws
• Ensuring you have the right to use and share any data you upload
• Maintaining appropriate records of consent and opt-outs

7. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted or error-free service. We may perform maintenance, updates, or experience outages. We are not liable for any downtime, service interruptions, or data loss.

8. Intellectual Property

8.1 Our Rights

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, software, and AI models, are owned by SmartLeads and protected by copyright, trademark, and other intellectual property laws.

8.2 Your Rights

You retain ownership of any data you upload to the Service. By using the Service, you grant us a limited license to use, process, and analyze your data to provide the Service and improve our AI models.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTLEADS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve months preceding the claim.

10. Disclaimers

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

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected. You use the Service at your own risk.

11. Indemnification

You agree to indemnify, defend, and hold harmless SmartLeads, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

12.1 By You

You may terminate your account at any time by contacting us. Upon termination, you remain responsible for all fees incurred prior to termination.

12.2 By Us

We may suspend or terminate your access to the Service at any time, with or without cause, including for violation of these Terms, non-payment, or illegal activity.

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data following termination in accordance with our data retention policies.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Sheridan County, Wyoming.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmartLeads regarding the Service.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16. Contact Information

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