Last Updated: [DATE]
Company: Smart Receptionist
Contact: [LEGAL / SUPPORT EMAIL]
This is a practical first-draft terms document for review and revision. It is not legal advice and should be reviewed by qualified counsel before publication.
1. Agreement to These Terms
These Terms of Service (“Terms”) govern your access to and use of the Smart Receptionist website, platform, dashboard, communications tools, AI receptionist services, messaging features, lightweight CRM features, customer login areas, and related services (collectively, the “Service”).
By creating an account, clicking to accept, signing an order form, or using the Service, you agree to these Terms. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Description of the Service
Smart Receptionist provides software and technology-enabled services that may include:
- AI-assisted call answering and routing
- SMS and business messaging tools
- voicemail capture
- call summaries and transcripts
- contact management and customer records
- dashboard-based communication review and settings management
- business number provisioning
- optional integrations, such as calendar or scheduling integrations
- onboarding, support, and related features
The Service is designed to help businesses manage customer communications more efficiently. It is not a guarantee that every call or message will be answered, delivered, transcribed, summarized, or handled correctly.
3. Eligibility and Business Use
You must be legally able to enter into a binding contract to use the Service. The Service is intended primarily for business use. You may not use the Service for unlawful, deceptive, harmful, or abusive purposes.
4. Account Registration and Responsibility
You agree to provide accurate and complete registration information and keep it current. You are responsible for:
- maintaining the confidentiality of login credentials
- restricting account access to authorized users
- all activities that occur under your account
- promptly notifying us of unauthorized access or suspected compromise
You are also responsible for the content, settings, workflows, contact lists, scripts, routing rules, prompts, and other configurations used within your account.
5. Customer Responsibilities
You remain responsible for your business operations and customer communications. This includes:
- reviewing and configuring AI behavior appropriately
- monitoring early rollout and ongoing performance
- validating responses, summaries, and automations
- obtaining any required notices, disclosures, or consents for recording, transcription, SMS, calling, and data processing
- ensuring compliance with laws that apply to your business and communications
- deciding whether Smart Receptionist is appropriate for your specific use case
6. AI Service Limitations
The Service may rely on AI, automation, speech-to-text tools, classification systems, and third-party communications infrastructure. These systems can make mistakes. Outputs may be incomplete, inaccurate, delayed, omitted, duplicated, or contextually wrong.
You understand and agree that:
- AI-generated responses and summaries may contain errors
- the Service is not a substitute for human judgment
- workflows may require tuning, monitoring, and revision
- the Service should be tested before relying on it in production
- Smart Receptionist does not guarantee flawless behavior, uninterrupted service, or error-free outputs
7. No Emergency or High-Risk Use
The Service is not intended for emergency communications, life-safety uses, medical triage, crisis response, or any use where delayed, missed, or inaccurate communication could reasonably result in death, personal injury, or significant property damage.
You agree not to market, configure, or rely on the Service for emergency dispatch, urgent medical needs, or any similar high-risk scenario. Customers should maintain appropriate human fallback processes.
8. Acceptable Use
You may use the Service only in compliance with these Terms, our Acceptable Use Policy, our SMS / Communications Policy, and applicable law. Prohibited uses include, without limitation:
- spam or unlawful mass messaging
- robocalling or telemarketing in violation of law
- fraud, phishing, impersonation, or deceptive practices
- unlawful recording or transcription
- harassment, threats, abuse, or illegal content
- attempts to interfere with or bypass platform restrictions or security controls
- using the Service to mislead end customers about whether they are interacting with AI or a human where disclosure is required by law
9. Phone Numbers, Messaging, and Telecom Features
If the Service includes phone numbers, calling, or messaging:
- number availability is not guaranteed
- porting may be delayed, rejected, or conditioned on third-party requirements
- carrier networks and telecom providers may impose rules, limits, fees, filtering, or service interruptions
- message delivery and call completion are not guaranteed
- your use may be subject to additional carrier, messaging, or telecom terms
- you are responsible for obtaining any legally required consent from your contacts and customers
Provisioned phone numbers may be reclaimed, reassigned, or suspended where required by provider rules, nonpayment, regulatory requirements, or misuse.
10. Subscription, Billing, and Fees
A. Recurring billing
Unless otherwise stated in an order form, the Service is billed on a recurring subscription basis (for example, monthly or annually). You authorize Smart Receptionist and its payment processor to charge your selected payment method for all applicable fees, taxes, overages, and renewals.
B. Setup and onboarding fees
Certain plans may include setup, onboarding, implementation, number provisioning, migration, training, or custom configuration fees. Unless otherwise stated in writing, these fees are non-refundable once work has begun or the associated setup has been materially initiated.
C. Usage-based fees and overages
Certain features may involve usage-based charges, including but not limited to:
- call minutes
- SMS or MMS volume
- phone number provisioning
- storage
- transcription volume
- premium integrations or add-ons
You are responsible for all applicable usage charges and overages incurred through your account.
D. Taxes
Fees do not include taxes unless expressly stated otherwise. You are responsible for applicable taxes, duties, assessments, telecom surcharges, and similar charges, excluding taxes based on our net income.
E. Late or failed payments
If payment fails or is overdue, we may suspend or limit access, revoke numbers, disable features, charge late fees where permitted, or require updated payment information.
11. Renewals, Cancellation, and Termination
A. Customer cancellation
You may cancel your subscription through the dashboard or by contacting [SUPPORT EMAIL], subject to any minimum term, notice period, or order form terms. Cancellation will typically take effect at the end of the current billing period unless otherwise stated.
B. No partial-period refunds
Except as required by law or expressly provided in writing, prepaid subscription fees are generally non-refundable and we do not provide prorated refunds for unused portions of a billing period.
C. Our termination rights
We may suspend or terminate the Service or your account if:
- you violate these Terms or related policies
- payment is overdue
- your use creates security, legal, telecom, or operational risk
- required third-party services are suspended, restricted, or terminated
- continued service becomes commercially impractical or unlawful
D. Effect of termination
Upon termination, your right to use the Service stops. We may delete or deactivate account data after a reasonable post-termination retention period, subject to legal obligations and backup cycles. You remain responsible for charges incurred before termination.
12. Intellectual Property
The Service, including its software, branding, interfaces, documentation, workflows, templates, and related materials, is owned by Smart Receptionist or its licensors and is protected by intellectual property laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes during an active paid or trial subscription.
You retain rights in the content and business information you submit, subject to the rights needed for us to provide the Service.
13. Feedback
If you provide feedback, suggestions, or ideas, we may use them without restriction or compensation, and you grant us a worldwide, perpetual, irrevocable license to do so.
14. Support and Availability
We may offer onboarding, help documentation, chat support, email support, or other assistance, but unless expressly stated in a separate service-level agreement, we do not guarantee:
- any specific support response time
- continuous uptime
- uninterrupted availability
- bug-free operation
- compatibility with all devices, carriers, or third-party systems
Scheduled maintenance, outages, provider issues, force majeure events, internet failures, carrier filtering, and software defects may affect service availability.
15. Third-Party Services and Integrations
The Service may rely on third-party providers for hosting, telephony, messaging, AI processing, analytics, billing, authentication, and integrations. Those providers may experience outages, impose restrictions, or change their services. Smart Receptionist is not responsible for third-party failures outside our reasonable control.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SMART RECEPTIONIST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR SUITABLE FOR YOUR PARTICULAR BUSINESS NEEDS.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- AI outputs will be accurate or appropriate
- calls or messages will always be received, routed, or delivered
- recordings or transcripts will be complete
- stored data will never be lost or corrupted
- the Service will satisfy legal compliance obligations specific to your industry or jurisdiction
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART RECEPTIONIST AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR SUBSTITUTE SERVICE COSTS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU TO SMART RECEPTIONIST FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100) IF NO FEES WERE PAID, UNLESS A DIFFERENT CAP IS STATED IN A SIGNED ORDER FORM.
18. Indemnification
You agree to defend, indemnify, and hold harmless Smart Receptionist and its affiliates, officers, employees, contractors, and licensors from and against claims, damages, liabilities, losses, costs, and expenses arising out of or related to:
- your use of the Service
- your content, data, contact lists, or communications
- your violation of these Terms or applicable law
- your failure to obtain required consents, disclosures, or permissions
- disputes between you and your customers, contacts, or end users
19. Changes to the Service
We may modify, improve, suspend, or discontinue all or part of the Service at any time. We will try to provide reasonable notice of material adverse changes when practicable, but we are not liable for modifying or discontinuing features.
20. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we may post the revised Terms on our website, update the “Last Updated” date, and provide additional notice where appropriate. Continued use of the Service after the effective date of revised Terms constitutes acceptance of the updated Terms.
21. Governing Law and Dispute Resolution
These Terms are governed by the laws of [GOVERNING STATE / COUNTRY], without regard to conflict-of-law rules.
Disputes will be resolved in the state or federal courts located in [VENUE / COUNTY / STATE], unless the parties agree to another forum or arbitration clause.
Optional attorney review item: consider adding arbitration and class-action waiver language if desired.
22. Miscellaneous
- These Terms, together with any incorporated policies and signed order forms, constitute the entire agreement between you and Smart Receptionist regarding the Service.
- If any provision is unenforceable, the remaining provisions remain in effect.
- Our failure to enforce any provision is not a waiver.
- You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, financing, or sale of assets.
23. Contact Information
Smart Receptionist
[LEGAL ENTITY NAME]
[COMPANY ADDRESS]
[SUPPORT EMAIL]
[LEGAL EMAIL]
[PHONE NUMBER]