Legal terms and conditions
Terms of Service
These Terms of Service (the "Terms") govern your access to and use of the website, AI assistants, automations, messaging tools, dashboards, and integrations provided by SMARTSOFTIA (the "Services").
1. Acceptance of These Terms
By accessing our website, contacting us through our messaging channels, connecting one of your accounts to our Services, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy.
If you do not agree with these Terms, please do not use the Services.
If you accept these Terms on behalf of a company or organization, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Who We Are
3. The Services
SMARTSOFTIA builds and operates AI assistants and business automations. Depending on the plan or project agreed with you, the Services may include:
- Interactive demos and product information published on our website
- AI assistants that answer questions, qualify leads, and provide customer support
- Automated conversations over messaging channels such as WhatsApp, Instagram, and Facebook Messenger
- Appointment, quote, and follow-up workflows connected to your business tools
- Integrations with third-party services such as Google Calendar, Google Sheets, CRMs, online stores, and payment providers
- Dashboards and reporting on the conversations handled by your assistant
We may add, modify, or discontinue features of the Services. Where a change materially affects a paid service you use, we will make reasonable efforts to notify you in advance.
4. Eligibility and Accounts
You must be of legal age in your jurisdiction, and have the legal capacity to enter into a binding agreement, in order to use the Services.
Some parts of the Services require an account. You are responsible for:
- Providing accurate and up-to-date information
- Keeping your credentials and access tokens confidential
- All activity that occurs under your account
- Notifying us promptly at bienvenida@smartsoftia.com if you suspect unauthorized access
5. Acceptable Use
When using the Services, you agree not to:
- Break any applicable law or regulation
- Send spam, unsolicited bulk messages, or messages that violate the rules of the messaging platform being used
- Use the Services to send deceptive, fraudulent, harassing, hateful, or otherwise abusive content
- Upload or process personal data without a valid legal basis or the necessary consents
- Attempt to gain unauthorized access to our systems, accounts, or data, or interfere with their normal operation
- Reverse engineer, scrape, or resell the Services except as permitted by law or by a written agreement with us
- Use the Services to build a competing product using our proprietary prompts, workflows, or configurations
You are responsible for the content your assistant sends on your behalf and for the instructions and knowledge base you provide to it.
6. Third-Party Platforms and Integrations
The Services connect to third-party platforms, including Google, Meta (Instagram and Facebook), WhatsApp, automation platforms, hosting and cloud providers, and payment providers.
When you connect one of your accounts, you authorize us to access and process the data of that account only as needed to provide the Services you requested. You may revoke that authorization at any time through the third-party platform's settings or by contacting us.
Your use of those platforms is also subject to their own terms and policies. We are not responsible for third-party services we do not control, or for outages, changes, or restrictions they impose.
Google API Services
Where the Services integrate with Google APIs (for example, Google Calendar or Google Sheets), our use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.
We request only the scopes needed for the features you enable, we do not use Google user data for advertising, and we do not sell it. You can revoke our access at any time at myaccount.google.com/permissions.
7. Your Data and Your End Users
You keep ownership of the data you provide or that we process on your behalf. You grant us a limited licence to host, process, and transmit that data solely to operate and support the Services.
If your assistant interacts with your customers, you are responsible for informing them as required by applicable law and for holding any consents needed for that processing.
How we handle personal data is described in our Privacy Policy.
8. AI-Generated Content
The Services use artificial intelligence to generate replies and suggestions. AI output can be inaccurate, incomplete, or unsuitable for a given situation.
You should review AI-generated content before relying on it for decisions with legal, financial, medical, or otherwise significant consequences. The Services do not provide legal, financial, medical, or professional advice.
9. Fees and Payment
Free demos and public content on our website are provided at no cost. Paid Services are billed according to the plan, quote, or written agreement accepted by you.
Unless stated otherwise in that agreement, fees are payable in advance, are non-refundable once the corresponding period or work has started, and do not include taxes that may apply.
We may suspend Services for accounts with overdue payments after giving reasonable notice.
10. Intellectual Property
The Services, including our software, workflows, prompts, interfaces, brand, and content, are owned by SMARTSOFTIA or our licensors and are protected by intellectual property laws.
These Terms do not transfer any of our intellectual property to you. You receive a limited, non-exclusive, non-transferable right to use the Services during the term of your agreement with us.
11. Availability and Support
We work to keep the Services available and reliable, but we do not guarantee uninterrupted or error-free operation. Maintenance, third-party outages, and factors beyond our control may affect availability.
Support channels and response times, where applicable, are those agreed in your plan or written agreement.
12. Disclaimers
To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will meet your specific requirements or produce any particular commercial result.
13. Limitation of Liability
To the maximum extent permitted by law, SMARTSOFTIA will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or business opportunities, arising out of or related to the Services.
Our total aggregate liability for any claim related to the Services is limited to the amounts you paid us for the Services in the three (3) months preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited under applicable law.
14. Indemnification
You agree to indemnify and hold harmless SMARTSOFTIA and its personnel from claims, damages, and reasonable costs arising from your misuse of the Services, your content, or your breach of these Terms or of applicable law.
15. Suspension and Termination
You may stop using the Services at any time, and you may ask us to close your account by writing to bienvenida@smartsoftia.com.
We may suspend or terminate access to the Services if you breach these Terms, if required by law or by a platform we depend on, or if your use creates a security or legal risk.
After termination, we will handle your data as described in our Privacy Policy, including our retention and deletion practices.
16. Changes to These Terms
We may update these Terms from time to time. Changes will be posted on this page with a new "Last updated" date. Your continued use of the Services after the changes are posted means you accept the updated Terms.
17. Governing Law
These Terms are governed by the laws of the Republic of Argentina, without regard to conflict-of-law rules. The courts of the Republic of Argentina will have jurisdiction over any dispute, except where mandatory consumer protection rules give you the right to bring a claim elsewhere.