Terms of Service
Effective Date: April 17, 2025
1. Agreement to Terms
These Terms of Service (“Agreement”) are a legally binding contract between SmartScale AI (“SmartScale AI,” “we,” “our,” or “us”) and the businesses or individuals (“Client,” “You,” or “your”) accessing or using our AI automation services, website, and client portal (collectively, the “Services”).
By subscribing to, accessing, or using our Services, you confirm that you have read, understood, and agreed to these Terms. If you are entering this Agreement on behalf of a business or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not access or use our Services.
2. Description of Services
SmartScale AI provides subscription-based AI automation tools and services to small and mid-sized businesses. These may include:
- AI voice receptionist (inbound call handling, appointment booking, missed call text-back, frequently asked questions, and conversation handling)
- Automated workflow tools and integrations
- CRM and pipeline management features via our client portal
The specific features and scope of Services available to you depend on your selected subscription plan. We reserve the right to modify, update, or discontinue features of the Services at any time, with reasonable notice where material changes affect your ability to use the core Services.
3. Subscriptions and Payment
3.1 Subscription Plans
SmartScale AI Services are offered by subscription. Subscription plans, pricing, and included features are described on our website and may be updated from time to time. We will provide advance notice of any pricing changes before they take effect for existing accounts.
3.2 Billing
Subscription fees are billed on a recurring basis (monthly or annually, depending on your selected plan). Your subscription will automatically renew at the end of each billing cycle unless you cancel prior to the next renewal date. We do not offer prorated refunds for partial billing periods.
All payments are processed by Stripe, Inc. You agree to Stripe’s terms of service in connection with payment processing. SmartScale AI does not store full payment card details on its own systems.
3.3 Taxes
All fees are exclusive of applicable taxes. You are responsible for paying any sales, use, VAT, GST, or similar taxes that may be imposed on your subscription by applicable laws, except for taxes assessed on SmartScale AI’s income.
4. Cancellation and Refund Policy
You may cancel your subscription at any time through your client portal or by contacting us directly. Cancellations take effect at the end of the current billing period, and you will retain access to the Services until that date.
All subscription fees are non-refundable. We do not provide partial refunds or credits for unused time remaining in a billing period at the time of cancellation. This includes cancellations made mid-cycle, regardless of usage level.
SmartScale AI reserves the right to offer refunds or credits at its sole discretion in exceptional circumstances.
5. Client Responsibilities and Acceptable Use
5.1 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access or suspected breach of security.
5.2 Acceptable Configuration
You are solely responsible for the accuracy and completeness of all information, scripts, FAQs, and workflows you configure within our platform. You acknowledge that AI-generated outputs and behaviors are influenced by the information you provide and that SmartScale AI is not responsible for misconfigured or inaccurate client-side inputs.
5.3 Call Recording Compliance
You are solely responsible for ensuring that your use of our AI voice receptionist complies with all applicable federal, state, and provincial call recording consent laws in the jurisdictions where you operate. This includes obtaining legally required disclosures to callers and all-party consent where required by law.
5.4 End-User Disclosures
You acknowledge that callers may interact with an AI model as part of our AI voice receptionist services. You are responsible for implementing AI identity disclosures to your end users where required by applicable law or best practice. SmartScale AI does not provide legal compliance advice.
5.5 Prohibited Uses
You agree not to use the Services to:
- Violate any applicable law, regulation, or third-party rights
- Harass, deceive, or harm end users or callers
- Attempt to reverse-engineer, scrape, or otherwise access the underlying AI models or infrastructure without authorization
- Transmit malware, spam, or any unauthorized automated requests
- Use the Services in any high-risk context where AI errors could cause physical harm, including medical, legal, or emergency response applications
6. AI Outputs — Accuracy and Liability
6.1 Nature of AI Outputs
Our Services use AI and machine learning models to generate responses, book appointments, and handle call interactions. You acknowledge that AI-generated outputs are inherently imperfect and may occasionally be inaccurate or incomplete. SmartScale AI does not warrant that its outputs will be accurate, complete, or suitable for any specific purpose.
6.2 No Substitute for Human Review
You acknowledge and agree that AI-generated outputs should not be relied upon as a substitute for professional judgment in high-stakes decisions. You are responsible for reviewing and verifying all outputs before acting on them, particularly where accuracy has a material impact on your business or your customers.
6.3 Allocation of Liability for AI Errors
Notwithstanding anything else in this Agreement, liability for AI errors is limited as follows:
- We are not liable for errors resulting from inaccurate, incomplete, or outdated information you provided during configuration
- We are not liable for a caller's reliance on AI-generated information or for an AI-generated appointment being booked in error
- We are not liable for missed appointments, lost business, or revenue attributable to AI errors
In all cases, our liability related to AI outputs is capped as set out in Section 8 of this Agreement.
7. Intellectual Property
7.1 Our IP
SmartScale AI retains all right, title, and interest in and to the Services, our platform, underlying AI models, workflows, software, and all related intellectual property. Nothing in this Agreement transfers ownership to you.
7.2 Your Content
You retain ownership of all scripts, data, and materials you provide to us in connection with the Services (“Your Content”). By providing Your Content, you grant SmartScale AI a limited, non-exclusive license to use Your Content solely to the extent necessary to configure, deliver, and improve the Services.
7.3 Feedback
If you provide us with feedback, suggestions, or ideas about our Services, you grant SmartScale AI a perpetual, royalty-free license to use that feedback for any business purpose, including improving our products and Services.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTSCALE AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR COSTS OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SMARTSCALE AI’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SMARTSCALE AI IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO THE CLAIM.
These limitations apply regardless of the form of action, whether in contract, tort, negligence, strict liability, or otherwise, and even if SmartScale AI has been advised of the possibility of such damages. In some jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SMARTSCALE AI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will operate uninterrupted or error-free
- AI outputs will be accurate, complete, or suitable for your specific use case
- Any defects in the Services will be corrected
- The Services will meet your specific requirements
The Services are provided on a best-efforts basis without any guarantees of uptime.
10. Indemnification
You agree to indemnify, defend, and hold harmless SmartScale AI and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys’ fees arising out of or relating to:
- Your use of the Services in violation of this Agreement
- Your failure to obtain legally required consents or make required AI disclosures to your end users
- Any claim brought by a third party resulting from your use of AI outputs
- Any claim by a third party (including your customers or callers) arising from your use of our Services
- Your violation of any applicable law or regulation
11. Confidentiality
Each party agrees to maintain in confidence proprietary or confidential information of the other party in connection with this Agreement (“Confidential Information”). Each party agrees to: (a) hold the other party’s Confidential Information in confidence; (b) not disclose it to third parties without prior written consent; and (c) use it only to the extent necessary to fulfill its obligations under this Agreement. Each party agrees to use the same degree of care as it uses to protect its own confidential information, but not less than reasonable care, to prevent unauthorized disclosure. This obligation continues for three years following the disclosing party’s disclosure.
12. Term and Termination
12.1 Term
This Agreement begins on the date you first subscribe to or access the Services and continues until terminated in accordance with this Section.
12.2 Termination by You
You may cancel your subscription at any time as described in Section 4. Cancellation does not entitle you to any refunds unless expressly stated.
12.3 Termination by SmartScale AI
We may suspend or terminate your access to the Services immediately, with or without notice, if: (a) you materially breach this Agreement and fail to cure the breach within 30 days of receiving written notice; (b) you fail to pay applicable fees; (c) we determine you pose a legal, security, or reputational risk; or (d) we cease to offer the Services.
12.4 Effect of Termination
Upon termination, your right to access the Services ceases immediately. We may delete your account data in accordance with our data retention practices. Sections 4, 7, 8, 9, 10, 11, and 14 survive termination of this Agreement.
13. Modifications to This Agreement
SmartScale AI reserves the right to modify this Agreement at any time. When we make material changes we will update the Effective Date at the top of this document and notify clients by email or through the client portal at least 30 days before changes take effect. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Agreement. If you do not agree to an update, you must terminate the Services before the effective date of any modification.
14. Governing Law and Dispute Resolution
14.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles.
14.2 Informal Resolution
Before initiating any formal legal proceeding, you agree to contact us at the address in Section 15 and give us at least 30 days to attempt to resolve the dispute informally.
14.3 Binding Arbitration
If informal resolution fails, any dispute or controversy arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitrator’s decision shall be final and binding.
14.4 Class Action Waiver
TO THE EXTENT ALLOWED BY APPLICABLE LAW, EACH PARTY WAIVES ANY CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other service agreements executed separately, constitute the entire agreement between you and SmartScale AI concerning the Services and supersede all prior agreements, representations, and understandings.
15.2 Severability
If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer any rights or obligations under this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of our assets.
15.5 Force Majeure
SmartScale AI shall not be liable for any failure or delay in performance obligations due to causes beyond our reasonable control, including acts of God, natural disasters, government actions, war, civil unrest, pandemic, labor disputes, or failures of third-party services or infrastructure.
15.6 Contact Information
For questions about these Terms, contact us at:
This document is a template and does not constitute legal advice. SmartScale AI recommends a licensed attorney review these Terms to ensure compliance with all applicable laws.