Terms & Conditions

1 Acceptance of Terms

1.1 Binding Agreement

By accessing or using Smart Connect, you enter into a legally binding contract with Smart Connect, Inc. This Agreement governs:

• Your access to the Smart Connect platform and all associated services
• Your use of our AI-powered features, automation tools, CRM, website builders, and all other functionality
• Your relationship with Smart Connect as a customer
• Your rights and obligations when using our services

1.2 Capacity to Contract

By agreeing to these Terms, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into binding contracts
• If you are accepting on behalf of a business entity, you have the authority to bind that entity to these Terms
• Your use of Smart Connect complies with all applicable laws and regulations in your jurisdiction

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last Updated" date at the top of this document
• We will notify you via email at least 30 days before the changes take effect
• We will display a prominent notice on the Smart Connect platform
• Your continued use of Smart Connect after the effective date constitutes acceptance of the modified Terms

2 Description of Services

2.1 Smart Connect Platform

Smart Connect provides an AI-Powered Business Operating System that includes, but is not limited to:

• AI Team Features: AI-powered call answering, lead qualification, appointment booking, automated follow-ups, missed call text-back
• CRM System: Lead capture, pipeline management, contact management, deal tracking, revenue forecasting
• Website & Funnel Builder: Drag-and-drop website creation, landing pages, sales funnels, booking pages, membership sites
• Communication Tools: SMS marketing, email campaigns, two-way messaging, unified inbox
• Automation Engine: Workflow builder, automated sequences, trigger-based actions, smart nurturing
• Appointment & Calendar: Online booking, calendar management, automated reminders, scheduling automation
• Payment Processing: Invoice creation, payment collection, recurring billing, integration with payment processors
• Forms & Surveys: Custom form builder, survey creation, lead capture forms
• Analytics & Reporting: Performance dashboards, conversion tracking, ROI analysis
• Digital Business Cards: NFC-enabled smart cards, QR codes, contact sharing

2.2 Service Availability

We strive to provide 99.9% uptime, but we cannot guarantee uninterrupted access. Smart Connect is provided on an "as available" basis. We reserve the right to:

• Modify, suspend, or discontinue any part of the service at any time
• Perform scheduled maintenance (with advance notice when possible)
• Make emergency updates or repairs without notice
• Impose usage limits or restrictions on certain features

2.3 Beta Features

We may offer beta, pilot, or experimental features ("Beta Features"). Beta Features:

• Are provided "AS IS" without warranties of any kind
• May contain bugs, errors, or incomplete functionality
• May be modified or discontinued without notice
• Should not be used for mission-critical business operations
• May have separate or additional terms that you must accept

3 Account Registration & Security

3.1 Account Creation

To use Smart Connect, you must create an account by providing:

• Accurate and complete registration information (name, email, company details)
• A valid payment method (for paid plans)
• Contact information for billing and account management

3.2 Account Security

You are responsible for maintaining the security of your account:

• Password Security: Use a strong, unique password and keep it confidential
• Two-Factor Authentication: Enable 2FA when available (highly recommended)
• Account Activity: Monitor your account for unauthorized access
• Immediate Notification: Report any suspected security breach or unauthorized use immediately to [email protected]

3.3 Account Restrictions

You may not:

• Share your account credentials with others
• Create multiple accounts to circumvent usage limits or pricing tiers
• Use another person's account without permission
• Transfer, sell, or rent your account to third parties
• Use automated systems to create accounts (bots, scripts)

4 Subscription Plans & Pricing

4.1 Pricing Tiers

Smart Connect offers multiple subscription plans:

Plan	Monthly Price	Key Limits
Essentials	$97/month	Up to 3 users, 250 contacts, 50 AI calls/month, 100 AI texts/month
Unlimited	$297/month	Unlimited users/contacts, 500 AI calls/month, 1,000 AI texts/month
Enterprise	$997/month	Unlimited everything, dedicated support, white-label branding

4.2 Billing Terms

• Billing Cycle: Monthly or annual (annual plans receive discounted pricing)
• Payment Due: Subscription fees are charged in advance at the start of each billing period
• Auto-Renewal: Your subscription automatically renews unless you cancel before the renewal date
• Payment Method: You authorize us to charge your designated payment method
• Failed Payments: If payment fails, we will attempt to process it again. Continued failure may result in service suspension

4.3 Price Changes

We reserve the right to change pricing with 30 days' advance notice. Price changes will:

• Apply to new customers immediately
• Apply to existing customers at their next renewal date
• Be communicated via email before taking effect
• Not affect prepaid annual subscriptions during their current term

4.4 Upgrades & Downgrades

• Upgrades: Take effect immediately; prorated charges apply for the remaining billing period
• Downgrades: Take effect at the end of your current billing period; no refunds for unused time
• Usage Overages: If you exceed plan limits (contacts, AI usage), we may charge overage fees or require an upgrade

4.5 Refund Policy

No Refunds After 14 Days: After the 14-day guarantee period, all fees are non-refundable. This includes:

• Monthly or annual subscription fees
• Unused portions of prepaid periods
• Fees paid prior to account cancellation

4.6 Cancellation

You may cancel your subscription at any time:

• Cancel directly from your account settings or by contacting support
• Cancellation takes effect at the end of your current billing period
• You retain access to paid features until the end of the paid period
• No refunds for unused time (except within 14-day guarantee period)
• Your data is retained for 30 days after cancellation, then permanently deleted

5 Acceptable Use Policy

5.1 Permitted Use

You may use Smart Connect solely for lawful business purposes in accordance with these Terms. Permitted uses include:

• Managing your customer relationships and business operations
• Creating marketing campaigns and sales funnels for legitimate business purposes
• Communicating with your customers, leads, and prospects (with their consent)
• Automating business workflows and processes
• Building websites and online presence for your business

5.2 Prohibited Activities

You agree NOT to:

A. Illegal or Harmful Activities

• Violate any local, state, national, or international law or regulation
• Engage in fraud, deception, or misrepresentation
• Promote illegal products, services, or activities
• Send spam, unsolicited communications, or violate anti-spam laws (CAN-SPAM, GDPR, CASL)
• Phish, scam, or attempt to defraud others
• Harass, threaten, defame, or abuse others

B. Content Restrictions

• Upload, distribute, or share illegal, obscene, or offensive content
• Distribute malware, viruses, or harmful code
• Infringe intellectual property rights (copyrights, trademarks, patents)
• Share private or confidential information without authorization
• Promote violence, hate speech, discrimination, or terrorism
• Exploit or harm minors in any way

C. Platform Abuse

• Reverse engineer, decompile, or disassemble the Smart Connect platform
• Attempt to gain unauthorized access to systems, accounts, or data
• Use automated tools to scrape, data mine, or extract data without permission
• Overload or disrupt our infrastructure (DDoS attacks, excessive API calls)
• Circumvent security features, usage limits, or access controls
• Resell, sublicense, or redistribute Smart Connect services without authorization
• Use the platform to build a competing product or service

D. Communication Abuse

• Send unsolicited commercial messages (spam) via SMS or email
• Purchase or rent third-party contact lists for cold outreach (without opt-in consent)
• Ignore opt-out requests or unsubscribe requests
• Impersonate others or misrepresent your identity
• Use misleading sender information or deceptive subject lines

5.3 Compliance with Communication Laws

You are solely responsible for complying with all applicable communication laws, including:

• CAN-SPAM Act (USA): Provide accurate sender info, honor opt-outs within 10 days, include physical address
• TCPA (USA): Obtain prior express written consent for automated texts/calls
• GDPR (EU/UK): Obtain lawful basis for processing (consent, legitimate interest, contract)
• CASL (Canada): Obtain express or implied consent before sending commercial messages
• PECR (UK): Obtain consent for electronic marketing, honor opt-outs

5.4 Enforcement

We reserve the right to investigate violations of this Acceptable Use Policy. If we determine you have violated these Terms, we may:

• Issue a warning and require corrective action
• Suspend or limit access to specific features
• Suspend your account temporarily
• Terminate your account permanently without refund
• Report violations to law enforcement authorities
• Pursue legal action and seek damages

6 Intellectual Property Rights

6.1 Smart Connect's Intellectual Property

All intellectual property rights in the Smart Connect platform belong to Smart Connect, Inc. This includes:

• The Smart Connect software, code, algorithms, and architecture
• The Smart Connect name, logos, trademarks, and branding
• Website designs, templates, and user interface elements
• Documentation, training materials, and marketing content
• AI models, automation workflows, and proprietary technology

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use Smart Connect solely for your internal business purposes in accordance with these Terms. This license does not grant you any ownership rights.

6.2 Your Content

You retain ownership of all content you create, upload, or store on Smart Connect ("Your Content"), including:

• Customer data, CRM records, contact information
• Websites, landing pages, forms, and campaigns you create
• Text, images, videos, and files you upload
• Email content, SMS messages, and communication templates

6.3 License to Your Content

By uploading Your Content to Smart Connect, you grant us a worldwide, non-exclusive, royalty-free license to:

• Host, store, and process Your Content to provide the Smart Connect services
• Display Your Content to you and users you authorize (team members, customers)
• Transmit Your Content via SMS, email, or other communication channels as you direct
• Make backup copies for data protection and disaster recovery
• Use anonymized, aggregated data derived from Your Content for analytics and service improvement

6.4 Content Responsibility

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not infringe third-party intellectual property rights
• Your Content complies with all applicable laws and these Terms
• You have obtained all necessary consents to upload and share Your Content

6.5 Copyright Infringement (DMCA)

We respect intellectual property rights. If you believe content on Smart Connect infringes your copyright, submit a DMCA notice to:

DMCA Agent:
Holistically Simple PMA
4701 Shore Dr. Ste.#103-440
Virginia Beach, VA. 23455 USA
Email: [email protected]

Your notice must include:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on Smart Connect
• Your contact information (name, address, phone, email)
• A statement of good faith belief that use is not authorized
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

7 Data Privacy & Security

7.1 Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, protect, and share your information. By using Smart Connect, you consent to the practices described in our Privacy Policy.

7.2 Data Processing

You acknowledge and agree that:

• Smart Connect will process Your Content and customer data to provide services
• We may use third-party service providers (cloud hosting, AI services, payment processors) who may access your data
• We implement industry-standard security measures to protect your data
• You are responsible for the lawfulness of data you collect and store on Smart Connect

7.3 Data Protection Obligations

If you collect or process personal data of EU/UK residents using Smart Connect, you agree to:

• Comply with GDPR and other applicable data protection laws
• Provide appropriate privacy notices to data subjects
• Obtain necessary consents for data processing
• Honor data subject rights (access, deletion, correction, portability)
• Report data breaches as required by law

7.4 Data Breaches

In the event of a data breach that affects your account:

• We will notify you via email within 72 hours of discovering the breach
• We will provide details about the nature and scope of the breach
• We will describe the steps we are taking to address the breach
• You are responsible for notifying your customers if required by law

8 Warranties & Disclaimers

8.1 Limited Warranty

Smart Connect warrants that:

• We will provide the services in a professional and workmanlike manner
• The platform will perform substantially in accordance with our documentation
• We will use reasonable efforts to maintain 99.9% uptime (excluding scheduled maintenance)

8.2 Disclaimer of Warranties

8.3 AI Limitations

Our AI features are powerful but not perfect. You acknowledge that:

• AI responses may not always be accurate, appropriate, or complete
• You should review AI-generated content before using it with customers
• You are responsible for how AI features are configured and used in your business
• We are not liable for outcomes resulting from AI interactions (e.g., lost leads, miscommunications)

9 Limitation of Liability

9.1 Exceptions

The above limitations do not apply to:

• Liability for death or personal injury caused by our gross negligence
• Liability for fraud or fraudulent misrepresentation
• Violations of intellectual property rights
• Any other liability that cannot be excluded or limited by law

10 Indemnification

10.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Smart Connect, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your Content: Any claim that Your Content infringes third-party rights or violates laws
• Your Use of Services: Your use or misuse of Smart Connect in violation of these Terms
• Your Business Activities: Your marketing campaigns, customer communications, or business operations
• Violation of Laws: Your violation of any applicable laws or regulations (CAN-SPAM, GDPR, TCPA, etc.)
• Third-Party Claims: Claims by your customers, leads, or third parties arising from your use of Smart Connect

10.2 Defense Procedures

If we seek indemnification from you:

• We will promptly notify you of the claim
• You will assume control of the defense (with our cooperation)
• You will not settle any claim that affects Smart Connect without our prior written consent
• We reserve the right to participate in the defense at our own expense

11 Termination

11.1 Termination by You

You may terminate this Agreement at any time by:

• Canceling your subscription in your account settings
• Contacting our support team at [email protected]
• Sending written notice to our mailing address

Termination takes effect at the end of your current billing period. No refunds for unused time (except within 30-day guarantee period).

11.2 Termination by Smart Connect

We may suspend or terminate your account immediately without notice if:

• You violate these Terms or our Acceptable Use Policy
• Your payment method fails and you do not provide an alternative within 10 days
• We are required to do so by law or court order
• Your use of Smart Connect poses a security risk or threatens the integrity of our platform
• We suspect fraud, abuse, or illegal activity

11.3 Effects of Termination

Upon termination of your account:

• Access: Your access to Smart Connect will be immediately revoked
• Data Retention: Your data will be retained for 30 days, during which you can request an export
• Data Deletion: After 30 days, all Your Content will be permanently deleted (except as required by law)
• Outstanding Fees: You remain liable for all unpaid fees incurred before termination
• Survival: Sections of these Terms that by their nature should survive (IP rights, liability limitations, indemnification) will continue after termination

12 Dispute Resolution

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Virginia, United States, without regard to its conflict of law principles.

12.2 Informal Resolution

Before filing a formal legal claim, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We commit to working with you in good faith to find a mutually acceptable solution.

12.3 Arbitration Agreement

Arbitration Rules:

• Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• The arbitration will be conducted in Virginia, USA (or remotely if mutually agreed)
• The arbitrator's decision will be final and binding, subject to limited judicial review
• Each party will bear its own arbitration costs and attorneys' fees (unless the arbitrator awards them to the prevailing party)

12.4 Class Action Waiver

12.5 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court for:

• Intellectual property infringement claims
• Violations of our Acceptable Use Policy
• Emergency relief to prevent immediate and irreparable harm

12.6 Opt-Out of Arbitration

You may opt out of arbitration by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in court.

13 General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with Smart Connect, constitute the entire agreement between you and Smart Connect regarding your use of the services and supersede all prior agreements and understandings.

13.2 Modifications

We may modify these Terms from time to time. Material changes will be communicated via email with 30 days' notice. Your continued use after changes take effect constitutes acceptance. If you don't agree, you must cancel your account.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Smart Connect.

13.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or our rights and obligations to any third party without restriction (e.g., in connection with a merger, acquisition, or sale of assets).

13.6 Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, strikes, government actions, internet failures, cyber attacks, or pandemics.

13.7 Notices

All notices under these Terms must be in writing and delivered via:

• Email to [email protected] (for notices to Smart Connect)
• Email to your registered account email (for notices to you)
• Certified mail to the addresses on file

13.8 Relationship of Parties

You and Smart Connect are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, sales representative, or employment relationship.

13.9 Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights. Only you and Smart Connect may enforce these Terms.

13.10 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government prohibited or restricted party list.

13.11 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict, the English version controls.

14 Contact Information

Legal Inquiries:

• Email: [email protected]
• General Support: [email protected]
• Phone: Phone: +1 (757) 573-9818

Mailing Address:

Holistically Simple PMA
4701 Shore Dr. Ste.#103-440
Virginia Beach, VA. 23455 USA