Terms of Service

These Terms of Service ("Terms") govern your use of the website smartoolsforbiz.com and the AI voice agent services provided by SmartTools for Biz ("we," "us," or "our"). By accessing our website or purchasing our services, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use our website or services.

1. Services

SmartTools for Biz provides AI-powered voice agent solutions for HVAC and home service businesses, including:

• Inbound AI voice agents that answer, qualify, and book calls on your behalf
• Outbound AI voice agents for lead outreach and follow-up
• Integration with third-party business tools (Jobber, ServiceTitan, HouseCall Pro, Google Calendar, Salesforce, Zapier)
• Workflow automation, call transcription, and CRM synchronization

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.

2. Eligibility

You must be at least 18 years old and operating a legitimate business to use our services. By agreeing to these Terms you represent that all information you provide is accurate and that you have the authority to enter into this agreement on behalf of your business.

3. Account and Setup

Upon purchasing our services you will provide us with the information necessary to configure your AI voice agent, including business details, call flow preferences, pricing information, and integration credentials.

You are responsible for:

• Keeping your account information accurate and up to date
• Maintaining the security of any credentials or access provided to you
• All activity that occurs under your account
• Ensuring your staff and representatives comply with these Terms

Notify us immediately at martin@smartoolsforbiz.com if you suspect unauthorized access to your account.

4. Call Recording and Legal Compliance

Our services involve the recording and transcription of telephone calls. By using our services you acknowledge and agree that:

• You are solely responsible for complying with all applicable federal, state, provincial, and local laws regarding call recording in your jurisdiction and the jurisdictions of your callers
• In the United States, federal law (the Electronic Communications Privacy Act) and the laws of multiple states — including California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, and Washington — require that all parties to a call consent to recording
• In Canada, call recording laws vary by province and you are responsible for compliance with applicable provincial legislation and PIPEDA
• You must ensure that your AI voice agent includes an appropriate disclosure to callers that the call may be recorded, which we configure by default and strongly recommend you keep enabled
• SmartTools for Biz is not responsible for any legal claims, fines, or penalties arising from your failure to comply with call recording laws in your jurisdiction

5. Acceptable Use

You agree to use our services only for lawful business purposes. You must not use our services to:

• Violate any applicable law or regulation
• Conduct or facilitate fraud, deception, or misrepresentation
• Harass, threaten, or harm any individual
• Transmit spam or unsolicited commercial communications in violation of applicable law (including the US CAN-SPAM Act, the Telephone Consumer Protection Act, and Canada's Anti-Spam Legislation)
• Impersonate any person, business, or entity in a misleading or harmful way
• Interfere with or disrupt our systems or infrastructure
• Reverse engineer, copy, or resell our services without written authorization

We reserve the right to suspend or terminate your service immediately if we determine, in our sole discretion, that you are in violation of this section.

6. Fees and Payment

Subscription fees are charged on a monthly basis beginning on the date of your first payment. All fees are in US dollars unless otherwise stated.

Setup fees, where applicable, are charged once at the beginning of your engagement and are non-refundable after setup work has commenced.

Payment terms:

• Monthly subscriptions renew automatically unless cancelled
• You authorize us to charge your payment method on file at the start of each billing cycle
• Failed payments may result in service suspension after 7 days
• All fees are exclusive of applicable taxes, which you are responsible for paying

Pricing changes: We will provide at least 30 days written notice before any price increase takes effect for existing subscribers.

7. Cancellation and Refunds

You may cancel your subscription at any time. There are no long-term contracts or cancellation fees.

• Cancellations take effect at the end of the current billing period
• You retain access to the service until the end of your paid period
• We do not provide prorated refunds for partial months
• Setup fees are non-refundable after configuration work has begun
• If you cancel within 48 hours of your first payment and before your agent has been configured, you are entitled to a full refund — contact us at martin@smartoolsforbiz.com

8. Service Levels and Limitations

We aim to maintain high availability of your AI voice agent but we do not guarantee uninterrupted service. Downtime may occur due to:

• Scheduled maintenance (we will provide advance notice where possible)
• Third-party platform outages (VAPI, Twilio, integration partners)
• Circumstances beyond our reasonable control

We do not guarantee any specific business outcome including call capture rates, booking rates, or revenue results. Performance figures referenced on our website represent averages from client data and are not guarantees of individual results.

9. Intellectual Property

Our property: All content, software, systems, workflows, and configurations developed by SmartTools for Biz remain our intellectual property. You receive a limited, non-exclusive, non-transferable license to use our services during your active subscription.

Your property: All data you provide — including your business information, scripts, pricing details, and customer data — remains yours. We do not claim ownership over your business content or customer information.

Call recordings and transcripts generated through your agent are associated with your account. Upon cancellation, we will retain recordings for 30 days during which you may request an export. After 30 days, recordings are permanently deleted.

10. Confidentiality

Both parties agree to keep confidential any non-public information shared in connection with the services, including business strategies, pricing, technical configurations, and customer data. This obligation survives termination of these Terms.

We will not disclose your business information or customer data to third parties except as necessary to deliver the services or as required by law.

11. Data Processing and Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services you consent to the data practices described in that policy.

Where applicable, you act as the data controller for your customers' personal information processed through the AI voice agent, and SmartTools for Biz acts as a data processor on your behalf.

12. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• The service will be uninterrupted, error-free, or secure
• The AI will handle every call scenario accurately
• Integration with third-party platforms will always function without interruption
• Results will meet your specific business expectations

13. Limitation of Liability

To the maximum extent permitted by applicable law, SmartTools for Biz and its owners, employees, and contractors shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of revenue, profits, data, or business opportunities
• Damages resulting from missed calls, failed bookings, or AI errors
• Third-party platform failures (Twilio, VAPI, Jobber, ServiceTitan, etc.)
• Legal claims arising from your failure to comply with call recording laws

Our total cumulative liability for any claims arising under these Terms shall not exceed the total fees you paid to us in the three months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless SmartTools for Biz and its owners, employees, and contractors from any claims, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the services
• Your violation of these Terms
• Your failure to comply with applicable call recording or consumer protection laws
• Any claims by your customers related to interactions with your AI voice agent
• Your violation of any third party's rights

15. Modifications to These Terms

We may update these Terms at any time. When we make material changes, we will notify you by email or by posting a notice on our website at least 14 days before the changes take effect. Your continued use of the services after that date constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you may cancel your subscription before the effective date without penalty.

16. Governing Law and Disputes

These Terms are governed by the laws of the Slovak Republic, without regard to conflict of law principles, reflecting the location of SmartTools for Biz operations.

For clients located in the United States or Canada, we will make reasonable efforts to resolve disputes informally before pursuing formal proceedings. Any unresolved disputes shall be handled through binding arbitration or the courts of mutual agreement between the parties.

We encourage you to contact us first at martin@smartoolsforbiz.com — most issues can be resolved quickly without formal proceedings.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining Terms will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmartTools for Biz regarding the services and supersede all prior agreements or understandings on the same subject matter.

19. Contact

For questions about these Terms or to report a violation:

SmartTools for Biz
Email: martin@smartoolsforbiz.com
Website: smartoolsforbiz.com