TERMS OF SERVICE
Last Updated: {{12-07-2025}}
By accessing or using SmartCallz.com or any SmartCallz services, you agree to these Terms & Conditions. If you do not agree, do not use the service.
Description of Services
SmartCallz provides managed AI-powered customer communication and automation services, including call handling, messaging automation, scheduling workflows, CRM-related functionality, and related support services. Services are offered on a subscription or service-fee basis and may vary by plan.
SmartCallz provides services only and does not sell telecommunications services, software licenses, or message delivery units.
Terms of Service Acceptable Use
You agree to use SmartCallz services only for lawful business purposes. You may not:
- Use the service for fraudulent, deceptive, or harmful communications
- Send unauthorized, unlawful, or non-compliant marketing messages
- Attempt to interfere with system performance, security, or integrity
- Reverse-engineer, copy, or resell SmartCallz technology without authorization
SmartCallz may suspend or terminate access if misuse or abuse is detected.
SMS, Messaging & Consent Responsibilities
If you use SmartCallz for SMS, messaging, or automated communications, you are solely responsible for:
- Obtaining proper recipient consent
- Complying with TCPA, CTIA, state, and federal regulations
- Providing required disclosures and opt-out mechanisms
1. SMS Use Cases
SmartCallz may send SMS messages to users who opt in through our website forms. These messages may include:
Inquiry updates (e.g., confirmation that we received your inquiry, follow-ups, status updates)
Appointment reminders (e.g., reminders, confirmations, rescheduling notices)
Service notifications related to services you requested (e.g., updates or next steps)
We do not send SMS messages without your consent. Message frequency varies based on your activity and requests.
2. Message & Data Rates
Message and data rates may apply for any SMS messages sent to or from SmartCallz. Charges are billed by and payable to your mobile service provider. SmartCallz is not responsible for these charges.
3. Age Restriction (18+)
You must be at least 18 years old to opt in to receive SMS messages from SmartCallz. By opting in, you confirm that you are 18+ and authorized to use the mobile number provided.
SmartCallz systems support STOP and HELP commands in accordance with industry standards.
Mobile Information & SMS Data Terms of Service
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
Information access by subcontractors in support services (such as customer support, infrastructure, and telecommunications delivery) is permitted solely to operate the service.
All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.
SMS opt-in data and consent are used exclusively to deliver requested communications and comply with applicable laws.
Call Recording & Legal Compliance
SmartCallz may provide call recording or transcription features, where enabled. Users are solely responsible for:
- Providing proper call-recording notifications
- Complying with state and federal consent laws
- Ensuring lawful use of recorded communications
Billing & Payments
Subscription fees and service charges are billed according to the selected plan or service agreement. Fees are non-refundable except where required by law.
Failure to pay may result in service suspension or termination.
Service Availability & Limitations
SmartCallz relies on third-party infrastructure and carriers to deliver services. As a result:
- Service availability is not guaranteed
- Message or call delivery may be delayed or blocked
- Carrier filtering, configuration issues, or regulatory restrictions may impact performance
Disclaimer of Warranties
SmartCallz services are provided “as-is” and “as available.” We do not guarantee:
- Uninterrupted service
- Error-free automation
- Successful message or call delivery
- Specific business outcomes
Limitation of Liability
To the maximum extent permitted by law, SmartCallz is not liable for:
- Lost revenue, customers, or business opportunities
- Indirect, incidental, or consequential damages
- Carrier or third-party service failures
Total liability is limited to the amount paid for services during the preceding 30 days.
Indemnification
You agree to indemnify and hold SmartCallz harmless from claims arising from:
- Your use or misuse of the service
- Non-compliant communications
- Violations of these Terms or applicable laws
Termination
SmartCallz may suspend or terminate services for:
- Violation of these Terms
- Non-payment
- Abuse, misuse, or unlawful activity
Users may cancel services according to their account terms.
Governing Law
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.
Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service or how your information is handled, we encourage you to contact us directly. We are happy to address any concerns and provide clarity about our data practices at any time.
For questions regarding these Terms, contact us:
SmartCallz Support
info@smartcallz.com