Terms of Service

1. Acceptance of these terms

These Terms of Service ("Terms") are a binding agreement between you and Smartraction ("Smartraction," "we," "us") governing your access to and use of smartraction.com, our dashboard application, and related services (together, the "Service"). By creating an account, requesting a demo, or otherwise using the Service, you agree to these Terms. If you're accepting on behalf of a business ("Business Customer"), you confirm you have the authority to bind that business.

2. The service

Smartraction provides software that helps home service businesses capture, qualify, and respond to leads across channels including SMS, voice, web forms, and connected social messaging (collectively, "Channels"), including automated missed-call text-back, AI-assisted reply drafting, and appointment scheduling. Features, availability, and integrations may change over time as we improve the Service.

3. Accounts and eligibility

• You must provide accurate account and business information and keep it up to date.
• You're responsible for safeguarding your login credentials and for all activity under your account.
• You must be at least 18 years old and able to form a binding contract to create an account.
• Notify us promptly at [email protected] of any unauthorized use of your account.

4. Subscriptions and billing

• Paid plans are billed in advance on a recurring basis (monthly or annually, as selected) through our payment processor, Stripe.
• Subscriptions renew automatically at the end of each billing period unless cancelled before renewal.
• Fees are non-refundable except where required by law or expressly stated at signup. You can cancel at any time; cancellation takes effect at the end of the current billing period.
• We may change our pricing with advance notice; continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.
• Carrier messaging fees (e.g., Twilio/A2P 10DLC throughput fees) may be passed through as part of your plan or billed separately, as disclosed at signup.

5. Acceptable use

You agree not to use the Service to:

• Send unsolicited, deceptive, or unlawful messages, or violate SMS/TCPA, CAN-SPAM, or carrier (e.g., CTIA) messaging guidelines.
• Message a phone number without a lawful basis to contact that person (see Section 6).
• Transmit spam, malware, or content that infringes on others' intellectual property or privacy rights.
• Attempt to probe, scan, or breach the security of the Service, or interfere with its normal operation.
• Reverse-engineer, resell, or white-label the Service without our written consent.
• Use the Service for any illegal purpose or in violation of any applicable local, state, national, or international law.

We may suspend or terminate accounts that violate this section, including in response to carrier compliance complaints, without prior notice where reasonably necessary to protect the Service or other users.

6. Text messaging (SMS) terms

• Message frequency varies based on the conversation and is not a recurring subscription.
• Message and data rates may apply based on the recipient's mobile carrier plan.
• Opt-out: a consumer may reply STOP at any time to stop receiving messages from a conversation; we honor this automatically at the platform level.
• Help: a consumer may reply HELP for assistance, or contact us at [email protected].
• Carriers (including Twilio and upstream mobile carriers) are not liable for delayed or undelivered messages.
• Full detail on how we collect and use data related to messaging is in our Privacy Policy.

7. Your content and data

You retain ownership of the data and content you and your leads submit through the Service ("Customer Content"). You grant us a license to host, process, and transmit Customer Content solely to provide and improve the Service. Optional AI-assisted reply features only rephrase wording a Business Customer has already approved and are never used to invent prices, facts, or promises on your behalf; you remain responsible for reviewing automated messages sent under your business's name.

8. Third-party services

The Service integrates with third-party providers to deliver messages and process payments, including Twilio (SMS/voice/WhatsApp), Meta (Messenger/Instagram), Google (Business Messages/Calendar), Stripe (billing), and OpenAI (optional AI-assisted replies). Your use of the Service is also subject to those providers' own terms where applicable, and we are not responsible for outages or changes on their end.

9. Intellectual property

Smartraction and its licensors own all right, title, and interest in the Service, including its software, design, and trademarks. Nothing in these Terms grants you rights to our intellectual property except the limited right to use the Service as intended during an active subscription.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that every message will be delivered — message delivery depends on third-party carriers and networks outside our control.

11. Limitation of liability

To the maximum extent permitted by law, Smartraction will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunity, arising from your use of the Service. Our total liability for any claim arising out of these Terms or the Service will not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold Smartraction harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Service, your Customer Content, your violation of these Terms, or your violation of any law or third-party right — including claims arising from messages sent to a consumer without proper consent.

13. Termination

You may cancel your account at any time from your account settings or by contacting us. We may suspend or terminate your access to the Service for breach of these Terms, non-payment, or conduct that creates risk or legal exposure for us or our carriers. Upon termination, your right to use the Service ends immediately; provisions that by their nature should survive (including Sections 9–14) will survive termination.

14. Governing law and disputes

These Terms are governed by the laws of the United States and the state in which Smartraction is organized, without regard to conflict-of-laws principles. Any dispute arising out of these Terms or the Service will be resolved in the state or federal courts located in that state, and you consent to personal jurisdiction there, except where applicable law requires otherwise.

15. Changes to these terms

We may update these Terms from time to time. We will post the revised version here with an updated "Last updated" date, and for material changes, we will provide reasonable advance notice to Business Customers. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact us

Questions about these Terms can be sent to [email protected].