TERMS AND CONDITIONS OF CALL SMART

Effective date: April 23, 2025

  1. Introduction

These Terms and Conditions (the "Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you" or "User"), and Call Smart, a Texas Corporation ("Call Smart", "we", "us", or "our"), concerning your access to and use of the www.call-smart.com website, mobile applications, and related services (collectively, the "Service"). By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you are prohibited from using the Service and must discontinue use immediately.

We may modify these Terms at our sole discretion. Changes will be effective upon updating the "Effective date" above. We will provide at least 30 days’ notice for material changes via email to support@call-smart.com or through the Service. Continued use after changes constitutes acceptance of the revised Terms.

  1. Definition of Key Terms

For the purposes of these Terms, the following definitions apply:

  • "User": Any individual or entity accessing or using the Service.

  • "Account": A registered user account required to access certain Service features.

  • "Content": Any text, graphics, images, audio, video, or other data stored or displayed through the Service.

  • "Subscription": A fee-based arrangement for accessing the Service, subject to recurring charges.

  • "Confidential Information": Proprietary or confidential information clearly labeled or identified as such.

  • "Inbound Calls": Calls answered by our AI receptionist on behalf of the User.

  • "Outbound Calls": Calls initiated by the Service on behalf of the User.

  • "Compliance Requirements": Legal and regulatory standards, including telemarketing laws.

  • "AI Platform": Call Smart’s proprietary software for building and deploying AI models.

  • "AI Agent": A specific AI instance created by the User on the AI Platform.

  • "AI-Generated Content": Content (text, audio, images) generated by the AI Platform.

  1. User Eligibility

The Service is intended for users at least eighteen (18) years of age with full authority to enter into this agreement. By using the Service, you warrant that you meet these requirements. Users under 18 are prohibited from accessing or using the Service.

  1. Description of Services

Call Smart provides an AI-powered cloud-based business phone system, including:

  • 24/7 automated phone answering via AI receptionist.

  • Human-like conversation capabilities for seamless caller interactions.

  • Outbound calling for appointment reminders, follow-ups, or marketing.

  • Reseller program for authorized partners to market and sell the Service.

  • Customizable features like appointment scheduling, call forwarding, and query responses.

  • Text messaging during calls.

  • Programmable call handling tailored to business needs.

  • Multilingual support for diverse clients.

  • Administrative dashboard with call logs and analytics.

  1. Account Registration and Management

To access the Service, you must create an Account with accurate and complete registration information, updating it as necessary. You are responsible for maintaining Account confidentiality and all activities under your Account. Call Smart reserves the right to refuse service, terminate Accounts, or remove content at our discretion.

  1. Role of Call Smart and User Responsibility

6.1. Platform Provider: Call Smart is a technology platform provider, offering tools for inbound and outbound calls using AI. You are solely responsible for any effects or damages resulting from your use of the Service.

6.2. User Responsibility: You are responsible for:

  • Content of all calls made through the Service.

  • Compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA) and Texas Business and Commerce Code § 304.

  • Obtaining necessary consents from call recipients.

  • Adhering to federal and Texas Do Not Call (DNC) lists.

  • Timing and frequency of calls.

6.3. Indemnification: You agree to indemnify, defend, and hold harmless Call Smart from claims, damages, fines, or liabilities arising from your use of the Service, including violations of telemarketing or privacy laws.

6.4. No Legal Advice: Call Smart does not provide legal advice. You must consult legal counsel to ensure compliance with applicable laws.

  1. Prohibited Uses

You may not use the Service for:

  • Unlawful or fraudulent purposes.

  • Infringing intellectual property rights.

  • Harassing, defamatory, or abusive conduct.

  • Sending unauthorized spam or malware.

  • Accessing emergency lines or services where the recipient is charged.

  • Developing competitive products or services.

Call Smart may limit calling frequency to prevent unlawful activity. You are responsible for any damages caused by your use of the Service.

  1. Acceptable Use Policy

You may not upload or transmit content that:

  • Is unlawful, harassing, defamatory, or obscene.

  • Encourages criminal conduct.

  • Infringes third-party rights.

  • Contains malware or viruses.

  • Overburdens Service infrastructure.

  • Attempts unauthorized access to systems or accounts.

Call Smart may remove violating content and terminate Accounts for repeated violations.

  1. Compliance Requirements

You must:

  • Obtain prior express consent or have an established business relationship for all calls, per TCPA and Texas law.

  • Transmit accurate Caller ID information without blocking or misrepresenting identity.

  • Comply with federal and Texas DNC registries (www.donotcall.gov).

Call Smart may request evidence of consent and cooperate with law enforcement regarding suspected illegal use. You are solely responsible for compliance, and Call Smart is not liable for your failure to comply.

  1. Subscription Terms

The Service is provided on a subscription basis, with fees outlined at www.call-smart.com/pricing. Subscriptions auto-renew monthly or annually until canceled. Fees may be subject to Texas sales tax. We may offer promotional plans with different terms, disclosed at sign-up. Failed payment attempts may result in Account termination after notification.

  1. Usage Fees and Billing Policy

In addition to Subscription fees, usage-based fees apply:

  • $0.12 per minute for AI receptionist engagement (inbound or outbound).

  • $0.03 per minute for transferred calls.

Fees are billed monthly with the Subscription fee and are non-refundable unless required by Texas law. Call Smart may adjust fees with prior notice. Late payments may lead to Service suspension.

  1. Free Trial and Cancellation Policy

Free trials may be offered, with details provided at initiation. Usage fees apply during trials. Subscriptions begin automatically post-trial unless canceled. Cancel via Account settings or by contacting support@call-smart.com. Access continues until the billing period ends.

  1. Refund Policy

Refunds are not generally provided but may be considered at Call Smart’s discretion. Submit refund requests to support@call-smart.com within 30 days. Eligibility depends on usage, compliance, and issue nature.

  1. Intellectual Property Rights

Call Smart retains all rights to the Service and its intellectual property. You retain rights to your data but grant Call Smart a non-exclusive, worldwide, royalty-free license to use AI-Generated Content to improve the Service. You may not use AI-Generated Content unlawfully or in violation of third-party rights.

  1. User-Generated Content

By posting User-Generated Content, you grant Call Smart a non-exclusive, worldwide, royalty-free license to use, modify, and distribute it. You warrant that your content does not violate these Terms or third-party rights.

  1. Privacy Policy

Our Privacy Policy at www.call-smart.com/privacy governs data collection and use. We comply with the Texas Data Privacy and Security Act (TDPSA) and, for EU data, GDPR via Standard Contractual Clauses or Privacy Shield-compliant providers.

  1. Data Security

We implement commercially reasonable security measures but cannot guarantee absolute security. Data transmission is at your risk. Call Smart is not liable for breaches of privacy settings or security measures.

  1. Confidentiality

Both parties agree to protect Confidential Information with reasonable care and use it only to fulfill obligations under these Terms, except as required by law.

  1. Service Modifications and Availability

Call Smart may modify or discontinue the Service without notice. We are not liable for Service unavailability or changes. Usage limits may apply based on Subscription plans.

  1. Third-Party Links and Services

The Service may link to third-party sites not controlled by Call Smart. We are not responsible for third-party content or services, and you access them at your risk.

  1. User Feedback and Suggestions

Feedback provided to Call Smart becomes our property, and we may use it without compensation.

  1. Compliance with Laws

You must comply with all applicable laws, including TCPA, Texas telemarketing laws, and export control regulations (e.g., EAR). Call Smart is not responsible for your non-compliance.

  1. Indemnification

You agree to indemnify Call Smart against losses, damages, or claims arising from your use of the Service or breach of these Terms, surviving termination.

  1. Limitation of Liability

To the fullest extent permitted by Texas law, Call Smart is not liable for indirect, incidental, or consequential damages, including lost profits or business interruption, even if advised of such damages. Call Smart provides no warranty for AI-Generated Content accuracy, and you use it at your risk.

  1. Disclaimer for AI-Powered Interactions

Call Smart is not liable for damages resulting from AI receptionist performance, unauthorized data access, or telemarketing law violations. You assume all risks related to AI interactions.

  1. Representations, Warranties, and Disclaimers

You warrant compliance with laws and non-infringement of third-party rights. The Service is provided “as-is” without warranties, express or implied, including merchantability or fitness for purpose.

  1. Dispute Resolution

Disputes shall be resolved by binding arbitration under the Texas Arbitration Act and American Arbitration Association rules, conducted in Travis County, Texas, in English. Texas law governs. Either party may seek injunctive relief in Texas courts. You waive class action and jury trial rights.

  1. Changes to Terms and Conditions

Material changes require 30 days’ notice. Continued use after changes constitutes acceptance.

  1. Termination

Call Smart may suspend or terminate your access for breach of these Terms without notice. Your rights cease upon termination.

  1. General Provisions

30.1. Notices: Notices must be in writing to support@call-smart.com or 512-866-0679. 30.2. Force Majeure: Neither party is liable for delays due to acts of God or governmental actions. 30.3. Entire Agreement: These Terms constitute the entire agreement, superseding prior agreements. 30.4. Severability: Invalid provisions do not affect remaining Terms. 30.5. Assignment: You may not assign these Terms without Call Smart’s consent.

  1. Additional Outbound Calling Terms

31.1. Consent: You warrant obtaining prior express consent for all outbound calls. 31.2. DNC List: You must maintain and adhere to federal and Texas DNC lists. 31.3. Calling Times: Outbound calls must comply with TCPA and Texas time restrictions. 31.4. Call Recording: You are responsible for obtaining recording consent per Texas law. 31.5. Content: Call content must not be harassing or unlawful. 31.6. Caller ID: Accurate Caller ID transmission is required. 31.7. Monitoring: Call Smart may monitor outbound calls for compliance and suspend access for violations.

  1. Contact Information

For questions, contact support@call-smart.com or 512-866-0679.

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