Purpose of the Terms of Service
The purpose of this agreement is to outline the terms and conditions under which SmarterHello (referred to as ‘SmarterHello’) will provide services (the ‘Services’), including but not limited to receiving, processing incoming calls, and fulfilling customer queries and requests for small businesses (referred to as ‘You’). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Services
SmarterHello will receive and process incoming calls on your behalf and assist in fulfilling your customers’ queries and requests to the best of its abilities. SmarterHello will leverage the latest artificial intelligence technology to provide accurate and efficient service. While SmarterHello strives to maintain uninterrupted service availability, the Services may be subject to interruptions, delays, or other issues due to maintenance, repairs, upgrades, or other factors beyond SmarterHello’s control. SmarterHello will make reasonable efforts to notify you of any such issues. You acknowledge that SmarterHello is not liable for any losses or damages resulting from service unavailability.
Service Fees and Payments
You agree to pay the applicable fees for the Services (the ‘Fees’) as outlined on SmarterHello’s website or as otherwise agreed upon. SmarterHello reserves the right to modify the Fees at its discretion and will provide you with notice of any changes. Payments are due on the first day of each month, and failure to pay on time may result in service suspension.
Currently, SmarterHello does not impose additional fees for features such as call transfers (including international transfers), SMS text messages, or other included services, provided they fall within our fair usage policy. However, SmarterHello reserves the right to introduce additional fees for these features in the future. Fair usage is defined at SmarterHello’s sole discretion.
All Fees are payable in advance and are non-refundable, except as required by applicable law. You are responsible for providing accurate billing and contact information and must promptly update this information as needed.
Cancellation
You may cancel the Services at any time by submitting a cancellation request through SmarterHello’s web portal. SmarterHello may also terminate this agreement if you fail to pay the monthly fee or breach any terms of this agreement. These Terms of Service will remain in effect until terminated by you or SmarterHello.
Limitation of Liability
SmarterHello shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to the use or inability to use the Services.
SmarterHello is not responsible for:
Errors or omissions in information provided through the Services.
Security breaches, unauthorized access, hacking, phishing, or malicious activities.
The accuracy, completeness, or usefulness of the information provided through the Services.
Damages or losses related to third-party websites or services accessed through SmarterHello.
Service disruptions, failures, or malfunctions.
Loss of data or data breaches.
Disputes between you and any third parties, including other customers or service providers.
Any violation of applicable laws or regulations by you.
The limitations of liability apply to the fullest extent permitted by law. You agree to indemnify, defend, and hold harmless SmarterHello, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of the Services or your breach of these Terms.
Dispute Resolution
Any disputes arising under this agreement will be resolved through mediation and, if necessary, arbitration under the rules of the American Arbitration Association.
Referral Program
By participating in SmarterHello’s Referral Program, participants acknowledge and agree to these terms. Participants must sign up to be eligible. For each successful referral, the referrer will receive a $10 reward, and the referred party will receive a $10 discount on their first use of SmarterHello’s services. Referral commissions will be available for payout after 14 days from the payment date. If a referred account receives a refund, the referral commission will be voided.
Rewards are granted as cash and can be redeemed globally without commission limits or a minimum redemption threshold. Participants will have access to a dashboard for tracking referrals. SmarterHello reserves the right to modify, suspend, or terminate the referral program without prior notice. Participation in the program constitutes acceptance of these terms.
Participants must comply with all applicable laws and regulations, including anti-spam laws. Abuse of the referral program, including fraud or attempts to game the system, will result in immediate termination and forfeiture of any pending rewards. SmarterHello disclaims all liability related to the referral program to the fullest extent permitted by law. Participants agree to indemnify and hold harmless SmarterHello, its affiliates, officers, agents, employees, and partners from any claims arising from participation in the referral program.
By joining the referral program, participants consent to SmarterHello’s collection, use, and disclosure of personal data as described in SmarterHello’s privacy policy for program administration.
Warranty Disclaimer
SmarterHello provides its Services on an ‘as is’ and ‘as available’ basis, without warranties of any kind, whether express, implied, or statutory. While SmarterHello strives to provide accurate and reliable services, it does not guarantee accuracy, completeness, timeliness, or availability. SmarterHello is not liable for any loss or damage resulting from the use of its Services.
Changes to the Terms of Service
SmarterHello may modify these Terms of Service at any time by providing notice through its customer web portal. Continued use of the Services after changes are made constitutes acceptance of the revised terms.
Data Privacy and Security
SmarterHello prioritizes the privacy and security of your data. SmarterHello will only collect, use, and share personal and business information as necessary to provide the agreed-upon Services and as required by law. We implement appropriate technical and organizational measures to protect your data from unauthorized access, disclosure, alteration, or destruction.
Confidentiality
SmarterHello will maintain the confidentiality of any information you provide, including business and customer details, and will not disclose it to third parties without your prior written consent, except as required by law