SmartCallr LLC Terms Of Services
SmartCallr LLC Terms Of Use: AI-Powered Marketing Agreement
Last Updated: December 18, 2025
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.
SMARTCALLR LLC (“SMARTCALLR”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.SMARTCALLR.COM AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME (THE “WEBSITE”), AND THE SMARTCALLR AI SERVICES (THE “SERVICE”).
THESE TERMS OF SERVICE (THE “AGREEMENT”) APPLY TO ALL USERS OF THE WEBSITE AND SERVICE. BY ACCESSING, BROWSING, AND USING THIS WEBSITE AND/OR THE SERVICE, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE WHICH CONSTITUTES A BINDING LEGAL AGREEMENT GOVERNED BY THE LAWS OF THE STATE OF OREGON AND THE UNITED STATES BETWEEN YOU AND SMARTCALLR.
IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE WEBSITE OR SERVICE.
ARBITRATION NOTICE: PLEASE BE AWARE THAT SECTION 12 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
1. THE SERVICE
- The Service: The SmartCallr Service enables users to deploy AI-powered voice agents for business communications, including inbound/outbound calling, scheduling, and customer relationship management (the “Service”).
- Your Privacy: We respect the privacy of our users. For more information please see our Privacy Policy. By using the Service, you consent to our collection, use, and disclosure of personal information and other data as outlined therein.
- Compliance with Laws: You acknowledge that the Service allows you to send communications (voice and text) to third parties. You agree that you are solely responsible for ensuring that your use of the Service complies with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), the CAN-SPAM Act, and state laws regarding call recording ("Two-Party Consent" laws). You specifically warrant that you will obtain "Prior Express Written Consent" (as defined by the TCPA) before sending marketing-related SMS/MMS or AI-voice communications to any recipient.
2. REGISTRATION
- Generally: You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process.
- Account Ownership: If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner.
- Responsibility: You are responsible for maintaining the security of your account and password. SmartCallr cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
3. FEES, PAYMENTS, AND CANCELLATION
- Fees: The Service is billed in advance on a monthly or annual basis and fees are non-refundable. There will be no refunds or credits for partial months of service.
- Automatic Renewal: Your subscription will continue indefinitely until terminated. Your subscription will automatically commence on the first day following the end of your current subscription period (the “Renewal Commencement Date”) and continue for an additional equivalent period. You may cancel your subscription at any time before the Renewal Commencement Date.
- Price Changes: Prices of all services are subject to change upon fourteen (14) days’ notice from us. Such notice may be provided by email.
4. CONTENT AND DATA
- User Content: You are solely responsible for all data, scripts, customer lists, and audio (including recordings of your customers) that you upload or transmit via the Service (“User Content”). You represent and warrant that you have obtained all necessary consents (including opt-in consent for calls) from each end user whose information is provided by you to SmartCallr.
- License: By using the Service, you grant us a non-exclusive, royalty-free, worldwide license to use, copy, and process your User Content to the extent necessary to provide the Service and to improve our AI models (on an anonymized basis).
5. RESTRICTIONS ON USE
You agree not to use the Service to:
- Transmit unsolicited or unauthorized advertising, "spam," or "robocalls" in violation of the TCPA.
- Call numbers listed on the National Do Not Call Registry unless you have valid consent.
- Upload or transmit any material that is unlawful, harmful, threatening, abusive, or harassing.
- Impersonate any person or entity.
- Interfere with or disrupt the integrity or performance of the Service.
- Attempt to gain unauthorized access to the Service or its related systems.
- SmartCallr reserves the right to immediately terminate any account found to be using the Service for illegal telemarketing, harassment, or fraud.
6. ARTIFICIAL INTELLIGENCE (AI) DISCLAIMER
- AI Tools: The Service utilizes artificial intelligence, machine learning, and Large Language Models (LLMs) to generate voice responses and analyze data (the “AI Tools”).
- Accuracy Disclaimer: You acknowledge that AI Tools may produce outputs ("hallucinations") that are factually incorrect, biased, or contextually irrelevant. SmartCallr makes no representations or warranties that the AI Tools or any outputs are free from error.
- No Professional Advice: The AI Tools cannot provide legal, medical, or emergency advice. You are responsible for verifying all AI-generated outputs before relying on them.
- Emergency Services: The Service is not intended for use in communicating with emergency services (e.g., 911).
7. INTELLECTUAL PROPERTY
The Service and its original content (excluding User Content provided by you), features, and functionality are and will remain the exclusive property of SmartCallr and its licensors. The SmartCallr name and logo are trademarks of SmartCallr, LLC.
8. THIRD-PARTY SERVICES
The Service may contain links to third-party websites or services (e.g., Stripe for payments, OpenAI for processing) that are not owned or controlled by SmartCallr. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
9. DISCLAIMERS
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMARTCALLR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMARTCALLR, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. SMARTCALLR’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SMARTCALLR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless SmartCallr and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from:
- Your use and access of the Service;
- Your violation of the TCPA, call recording laws, or other telecommunications regulations;
- Your failure to obtain proper opt-in consent for SMS, MMS, or AI-voice communications as required by carrier guidelines or federal law;
- Your violation of any term of these Terms.
12. DISPUTE RESOLUTION AND ARBITRATION
- Binding Arbitration: Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
- Waiver of Class Actions: YOU AND SMARTCALLR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- Opt-Out: You have the right to opt out of this Arbitration Agreement by sending written notice to us within 30 days of accepting these Terms.
13. SMS/TEXT MESSAGING PROGRAM (A2P)
As part of the Service, SmartCallr offers a mobile messaging program (the “SMS Service”). By opting in, you agree to the following terms:
- Program Name and Description: The program is titled "SmartCallr Notifications." Upon opting in, users can expect to receive SMS messages regarding account updates, appointment reminders, authentication codes, customer service responses, and marketing promotions relevant to your account.
- Opt-Out Instructions: You can cancel the SMS service at any time. Simply text "STOP" to the shortcode or the number from which you received the message. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us.
- Rejoining Instructions: If you wish to rejoin the SMS Service, simply sign up as you did initially or text "START" or "UNSTOP" to our number, and we will resume sending SMS messages to you.
- Help Instructions: If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to [email protected].
- Carrier Liability: Carriers (including but not limited to T-Mobile, Verizon, and AT&T) are not liable for delayed or undelivered messages.
- Rates: As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies based on user interaction. For questions about your text plan or data plan, it is best to contact your wireless provider.
- Privacy: For privacy-related inquiries, please refer to our Privacy Policy: https://www.smartcallr.com/privacy.
- Compliance Statement: This SMS Service complies with the CTIA Messaging Principles and Best Practices.
- Legal Compliance: You acknowledge that you are responsible for maintaining valid opt-in records for any third parties you contact via the Service. You agree that SmartCallr is a platform provider and is not responsible for your compliance with the TCPA or state telemarketing laws.
14. GOVERNING LAW AND VENUE
These Terms shall be governed and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the federal and state courts located in Oregon for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
15. GENERAL TERMS
- Entire Agreement: These Terms constitute the entire agreement between us regarding our Service.
- Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect.
- Contact Us: If you have any questions about these Terms, please contact us at:
SmartCallr LLC 1042 NE Regan Hill Loop Estacada, OR 97023
Email: [email protected]