1. Accepting these terms
These Terms of Service ("Terms") are an agreement between you and SMBIZ AI Automation ("SMBIZ", "we", "us"). By using our website or services, or by signing up for a plan, you agree to these Terms and our Privacy Policy. If you use SMBIZ for a business, you confirm you're authorized to accept these Terms for it.
2. Who can use SMBIZ
Our services are for businesses. You must be at least 18 years old and able to enter into a binding contract.
3. Our services
SMBIZ provides websites, CRM and pipelines, online booking, messaging, automations, payments, reputation tools and AI features such as an AI receptionist, AI chat and AI content tools. What you get depends on your plan. Our team sets up your account with you. We may improve, change or retire features over time, and we'll tell you before removing anything material from your plan.
4. Plans, fees and payment
- Plans are billed monthly in advance and renew automatically each month until cancelled.
- Prices are shown on our pricing page or in your written quote. Taxes may apply.
- Some usage, such as phone minutes, text messages, AI usage above your plan and card processing fees, may be charged separately. We'll tell you about these during setup.
- All payments are non-refundable unless otherwise stated in writing, such as an offer's money-back guarantee.
- If a payment fails, we may suspend your services until it's paid.
5. Cancelling
There's no long-term contract. You can cancel at any time by contacting us before your next billing date. Your services continue until the end of the period you've paid for. Ask us for an export of your data before you cancel.
6. Your responsibilities
- Consent for calls and texts. You're responsible for getting and keeping any consent the law requires before SMBIZ texts, emails or calls your contacts for you, including calls using an AI voice, and for honoring opt-outs.
- Following the law. You'll use SMBIZ in line with laws that apply to your business, which may include the TCPA, CAN-SPAM, HIPAA, state privacy laws and state insurance advertising rules.
- Your content. You're responsible for the content, scripts, prices and information you give us or publish through SMBIZ.
- Your account. Keep your login details safe and tell us right away about any unauthorized use.
7. AI features
AI features generate responses and content automatically and can make mistakes. Review AI-written content before publishing, and set which topics the AI should hand to your team. AI features don't give medical, legal, financial or insurance advice, and you shouldn't rely on them for it.
8. Prohibited conduct
You agree not to:
- Use SMBIZ for anything illegal, fraudulent or harmful.
- Send spam, or make calls or texts without the consent the law requires.
- Impersonate any person or business.
- Upload malware or try to break, overload or get around the security of our services.
- Copy, resell, reverse engineer or build a competing product from our services.
9. Your data
You own the content and customer data you put into SMBIZ. You give us permission to host, process and use it only as needed to provide and support our services, as described in our Privacy Policy.
10. Health information
If you're covered by HIPAA, don't store protected health information in SMBIZ until we've both signed a Business Associate Agreement.
11. Our intellectual property
SMBIZ, our software, templates, designs and brand belong to us or our licensors. These Terms give you a limited right to use our services during your subscription. They don't transfer any ownership to you.
12. Third-party services
SMBIZ works with services we don't control, such as phone and text carriers, Google, social networks and payment processors. Your use of them may be subject to their own terms, and we aren't responsible for their availability or actions.
13. Disclaimers
Our services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't guarantee specific business results, rankings or numbers of calls, bookings or reviews.
14. Limitation of liability
To the fullest extent the law allows, SMBIZ won't be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to our services is limited to the amount you paid us in the 12 months before the claim.
15. Indemnification
You agree to defend and indemnify SMBIZ against claims arising from your content, your use of our services, or your breach of these Terms or the law, including claims about calls or messages sent without proper consent.
16. Suspension and termination
We may suspend or end your access if you don't pay, break these Terms, or use SMBIZ in a way that could harm us, our customers or others. Sections that by their nature should continue, such as payment, disclaimers, limitation of liability and indemnification, survive termination.
17. Governing law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions.
18. Changes to these terms
We may update these Terms from time to time. We'll post the new version here and change the "Last updated" date, and tell customers about significant changes. Continuing to use SMBIZ after changes take effect means you accept them.
19. Contact us
SMBIZ AI Automation
Email: [email protected]
Phone: (281) 800-5664
See also our Privacy Policy.