Terms and Conditions

1. About these terms

These Terms and Conditions ("Terms") are an agreement between you and Smartox ("Smartox", "we", "us"), a company registered in the State of Florida, United States. They govern your use of this website, the Smartox dashboard, the AI phone agents and the phone numbers we provide (together, the "Service").

If you use the Service for a business, you accept these Terms for that business and confirm you are allowed to do so. "You" then means both you and the business. If you do not agree, do not use the Service.

If you have a signed order form or enterprise contract with us, its terms apply where they differ from these Terms.

2. The Service

Smartox answers inbound phone calls for your business with an AI agent. The agent uses the business information you provide (text, files, website pages and opening hours) to answer callers, and can save callers' details, order requests and booking requests for your team. Calls, transcripts, summaries and leads appear in your dashboard.

We keep improving the Service and may add, change or remove features. If a change significantly reduces what a paid plan includes, we will tell you in advance.

3. Your account

• You must be at least 18 and give accurate information when you sign up.
• Keep your password and sign-in codes private. You are responsible for what happens in your account and workspace, including what your team members do.
• The workspace owner controls who has access and what each role can do.
• Tell us straight away at sales@smartox.ai if you think someone has accessed your account without permission.

4. AI answers and your responsibility for your information

• The agent does not confirm bookings, orders or appointments. It sends them to you as requests, and you confirm them with the caller.
• You are responsible for the information, instructions and files you give the agent, and for having the right to use them.
• The Service is not for emergencies. Do not use it in place of emergency services or for medical, legal or financial advice that callers would rely on without speaking to a qualified person.

5. Calls, transcripts and the law

You are responsible for using the Service lawfully where your business and your callers are. In particular:

• Call transcripts. Smartox does not record calls. A written transcript of each call, with a short summary, is kept so you can review what was said and for audit. You are responsible for telling callers, and the people you call, about anything the law where you operate requires, including that their call is transcribed.
• Text messages. If you use order or booking texts, only callers who asked for a request to be sent receive them. Do not use the Service to send marketing messages.
• Privacy. You are responsible for telling your callers how you use their information and for answering their requests about it. We process call information for you as described in our Privacy Policy.

6. Acceptable use

You must not use the Service to:

• break any law, or mislead, harass or defraud callers;
• pretend to be another person or business;
• collect card numbers, passwords or other sensitive information through the agent;
• upload content you have no right to use, or content that is illegal, hateful or harmful;
• make automated outbound calls, robocalls or spam;
• attack, overload, reverse-engineer or get around the limits or security of the Service;
• resell the Service without our written agreement.

We may suspend an account that breaks these rules or puts the Service or other customers at risk.

7. Phone numbers

• Every plan includes one phone number, and you can add more for a monthly fee. Numbers are provided through our telephone provider and remain ours; you have the right to use them while your account is in good standing.
• An included number can be released if your trial ends without a plan, or if it answers no calls for a long period. We email you before that happens so you can act.
• If payment for a paid number fails, the number is suspended while payment is retried. If it still is not paid, the number is released.
• A released number may be given to someone else, and we cannot always get it back. Moving a number to another provider is not guaranteed.

8. Free trial, plans and payment

• The free trial is available once per account and lasts 14 days or 15 call minutes, whichever comes first.
• Paid plans are billed monthly in advance in US dollars through Stripe and renew automatically until cancelled. Each plan includes a set number of call minutes per month; unused minutes do not roll over.
• Extra phone numbers and one-off minute packs are billed separately, as shown when you buy them.
• Prices exclude taxes, which are added where required. We will give you notice before a price change takes effect on your plan.
• If a payment fails, we retry it and may limit the Service until it is paid.
• You can cancel at any time from your subscription page. Cancelling stops future renewals; the plan stays active until the end of the period already paid for.
• Except where the law requires otherwise, payments are not refundable, including for partly used periods and unused minutes.

9. Your content and data

You own the business information you upload and the call data your agent collects ("Your Content"). You give us permission to store, process and use Your Content only to provide, secure and support the Service for you. We do not sell it, and we do not use your callers' conversations to train AI models.

We may use anonymous, aggregated information about how the Service is used (for example, the number of calls answered) to run and improve it, as long as it does not identify you or your callers.

10. Our property

The Service, including its software, AI agents, voices, designs and the Smartox name and logo, belongs to Smartox and its licensors. These Terms give you a limited, non-exclusive, non-transferable right to use the Service for your business while your account is active. If you send us feedback, we may use it without any obligation to you.

11. Third-party services

The Service relies on providers such as Twilio, Deepgram, Stripe and AI model providers. We are not responsible for outages or changes on their side that are outside our control, but we will work to keep the Service running.

12. Ending the agreement

You can stop using the Service and cancel your plan at any time. We may suspend or close your account if you break these Terms, do not pay, or if we must do so by law, and we will give notice where we reasonably can. When an account closes, its phone numbers are released and Your Content is deleted after a reasonable period, as described in our Privacy Policy. Sections that by their nature should continue (such as payment owed, ownership, disclaimers, limits of liability and governing law) continue after the agreement ends.

13. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, we make no warranties of any kind, whether express or implied, including that the Service will be uninterrupted or error-free, that every call will be answered, or that AI answers will be accurate or complete.

14. Limitation of liability

To the fullest extent the law allows, Smartox will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business, data or goodwill, including from missed calls, wrong answers or lost bookings. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim arose.

15. Indemnity

You agree to defend and compensate Smartox for claims, losses and costs (including reasonable legal fees) arising from Your Content, your use of the Service in breach of these Terms, or your failure to follow the law, including laws on call recording, messaging and privacy.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida and applicable United States federal law, without regard to conflict-of-law rules. Any dispute will be decided exclusively in the state or federal courts located in Florida, and you and Smartox agree to their jurisdiction. Before going to court, please contact us so we can try to resolve the issue informally.

17. Changes to these Terms

We may update these Terms. We will change the date at the top, and for significant changes we will tell customers by email or in the dashboard before they take effect. If you keep using the Service after that, you accept the updated Terms.

18. General

If any part of these Terms cannot be enforced, the rest still applies. Not enforcing a right is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them as part of a merger or sale of our business. These Terms, our Privacy Policy and any order form are the whole agreement between us about the Service.

19. Contact us

Smartox, Florida, United States
Email: sales@smartox.ai