Terms of Service

1. Acceptance of Terms

By creating an account or otherwise using the iSmartBiz website, platform, and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not access or use the Service.

These Terms form a legally binding agreement between you ("you," "your," or "user") and iSmartBiz ("we," "our," or "us"). By creating an account, you represent that you are at least 18 years of age and have the authority to enter into this agreement on behalf of yourself or the business you're signing up.

2. What the Service Actually Does

iSmartBiz is a growth platform for local service businesses (photographers, event vendors, home-service businesses, and similar). Depending on your plan, it includes:

• Lead Pipeline & CRM — tracking inquiries from first contact through booked and delivered, with follow-up reminders.
• Appointment & Task Management — scheduling and internal task tracking.
• SEO & Local Search tooling — keyword tracking, Google Business Profile insights, citations, and competitor tracking.
• Social Media Management — drafting, scheduling, and publishing posts to the networks you connect (Instagram, Facebook, LinkedIn, TikTok, Pinterest, X, and Google Business), brokered through our infrastructure partner Zernio (see Section 7).
• Reputation Management — importing reviews from connected platforms and drafting responses for your approval.
• AI Business Assistant — on Scale and Agency plans, AI-assisted business Q&A and drafting.
• Video Studio — on Scale and Agency plans, turning photos and reviews you select into a short promotional video with an AI-drafted, editable voiceover script.
• Revenue Analytics & Reporting — pipeline and attribution reporting.
• Agency Dashboard — on the Agency plan, platform-level account management (currently limited to the account owner; a multi-business "manage several clients from one login" view is planned but not yet built — contact us if this is something you need now).

Current plans and pricing (Launch, Growth, Scale, Agency) are published on our Pricing page and form part of these Terms by reference. New accounts get a 30-day free trial with no credit card required. We reserve the right to modify, suspend, or discontinue features with reasonable notice as the product evolves.

3. How Content Gets Published — You're Always in Control

Nothing iSmartBiz drafts is ever sent, posted, or published without your own explicit approval — not a social media post, not a review reply, not a Video Studio script, not any other AI-assisted content. Drafts are shown to you (or a team member you've authorized) marked as needing review; you approve, edit, or discard each one yourself before it goes anywhere.

The one narrow exception is an opt-in "autopilot" setting for review replies, which — only if you turn it on — automatically approves responses to your own 4- and 5-star reviews using a template you can inspect and change at any time. Every other kind of content, and every lower-starred review, always requires your manual approval regardless of this setting.

You are solely responsible for all content you approve or publish through the Service — including social media posts, review responses, website/SEO content, and any AI-generated draft you choose to use. You are responsible for reviewing content before approving it and for ensuring it is accurate, lawful, and appropriate for your business. iSmartBiz is not responsible for content you chose to approve and publish.

4. User Obligations

As a user of the Service, you agree to:

• Provide Accurate Information: Maintain accurate and up-to-date account information, including your name, email address, and billing details.
• Secure Your Account: Keep your login credentials confidential and notify us immediately of any unauthorized access. You are responsible for all activity under your account, including actions taken by team members you invite.
• Manage Your Own Team's Access: If you invite team members, you (as the account owner) are responsible for what access level you grant them and for removing access when appropriate. iSmartBiz enforces the permission level you set, but the decision of who to invite and what to share with them is yours.
• Comply with Laws: Use the Service in compliance with all applicable laws and regulations, including those governing marketing communications (e.g., CAN-SPAM, TCPA), data privacy, and intellectual property, and the terms of any social network or platform you connect.
• Not Misuse the Platform: You may not:
  • Use the Service for spam, phishing, or any deceptive practice.
  • Upload or approve content that is illegal, harassing, defamatory, or infringes on third-party rights.
  • Attempt to reverse-engineer, decompile, or extract the source code of the Service.
  • Use automated means (bots, scrapers) to access the Service beyond what we provide.
  • Resell or sublicense the Service without our explicit written permission.

5. Payment Terms

5.1 Plans & Fees

The Service is offered on a subscription basis at the rates published on our Pricing page (Launch, Growth, Scale, and Agency), billed monthly or annually depending on the option you select. Founding-member pricing, where offered, is locked in for as long as you remain a continuously paying subscriber on that plan. All fees are in US dollars.

5.2 What's Included, and What Costs Extra

• Connected social accounts: each plan includes a set number of connected networks. Once you connect a network, that slot is reserved to your account — disconnecting it does not free the slot for a different network. Connecting beyond your plan's included count is billed at the add-on rate shown on the Pricing page.
• Video Studio: Scale and Agency plans include a monthly number of videos (published on the Pricing page); additional videos beyond that allowance in a given month are billed at the per-video add-on rate shown there.
• Optional done-for-you setup: a one-time fee, shown on the Pricing page, if you'd rather we configure your account for you.

5.3 How You're Billed

Your payment method and billing schedule are confirmed directly with you when your paid subscription begins (for example, by invoice or another method we agree on together) — we will tell you clearly before any charge, and before switching to a different billing method such as automatic card payments.

5.4 Cancellation & Refunds

You may cancel at any time by contacting us at info@ismartbiz.com. Cancellation takes effect at the end of your current billing period, and you keep access until then. Fees already paid are non-refundable except where required by law or where we agree otherwise in writing.

5.5 Price Changes & Taxes

We'll give you at least 30 days' notice before a price change takes effect on your account; it won't apply to a period you've already paid for. You're responsible for any applicable taxes on your subscription, excluding taxes on our net income.

6. Intellectual Property

6.1 Our IP

The Service itself — its software, design, branding, and documentation — is owned by iSmartBiz and protected by applicable intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service; they don't transfer ownership of it to you.

6.2 Your Content

You retain full ownership of everything you provide to the Service — photos in your Photo Library, business information, client and lead data, and any marketing materials ("Your Content"). You grant us a limited license to use Your Content solely to provide the Service to you: for example, using your photos to build a Video Studio video, or your reviews to draft a response.

6.3 AI-Drafted Content

Captions, review replies, video scripts, and any other AI-drafted content are provided to you as suggestions for your review, as described in Section 3. The moment you approve and use a draft, it becomes Your Content under these Terms, with the same responsibilities described there.

7. Third-Party Services We Use

Rather than a generic reference to "third-party platforms," here's what we actually rely on to run the Service, and what that means for you:

• Zernio (zernio.com) brokers your connections to social networks and Google Business Profile — it holds the platform approvals needed to read and publish on your behalf. Your use of the underlying networks (Facebook, Instagram, TikTok, Pinterest, LinkedIn, X, Google) remains subject to those networks' own terms, and we're not responsible for their availability, policies, or changes.
• Resend sends transactional and review-request emails on your behalf.
• Groq (groq.com) currently generates the AI drafts described in Section 3, when that capability is switched on for your account. We may instead use Anthropic's Claude models if we change providers; we will update this list when we do.

We are not responsible for outages, policy changes, or data practices of these or any other third-party service we integrate with.

8. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available," without warranties of any kind, express or implied.
• iSmartBiz, its officers, employees, and affiliates are not liable for indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, or business interruption — arising from your use of, or inability to use, the Service.
• Our total aggregate liability for any claim arising under these Terms will not exceed the fees you paid us in the 12 months before the claim arose.

Some jurisdictions don't allow certain limitations on liability; in those cases, ours is limited to the fullest extent the law allows.

9. Indemnification

You agree to indemnify and hold harmless iSmartBiz and its officers, employees, and affiliates from claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your violation of these Terms, (b) Your Content or anything you approved for publication, (c) your use of the Service in violation of applicable law, or (d) your misuse of a connected third-party account.

10. Suspension & Termination

We may suspend or terminate your access at any time, with or without cause, with 30 days' notice — immediately in cases of a violation of these Terms or non-payment. If your subscription has a defined end date on file (a "license window"), access ends automatically on that date; you'll see a plain notice on your next login rather than being cut off without warning. Upon termination:

• Your right to access the Service ends.
• You'll have 30 days to export Your Content, after which we may delete it.
• Provisions that by their nature should survive (intellectual property, limitation of liability, governing law) continue to apply.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law principles. Any dispute arising from these Terms or the Service will be resolved through binding arbitration in Massachusetts under the rules of the American Arbitration Association; each party bears its own arbitration costs, and you waive any right to a class action or class-wide arbitration.

12. Changes to These Terms

We may update these Terms from time to time. We'll notify you of material changes by email or through the Service at least 30 days before they take effect. Continued use of the Service after that date means you accept the revised Terms.

13. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, are the entire agreement between you and iSmartBiz.
• Severability: If any provision is found unenforceable, the rest remains in force.
• No Waiver: Our failure to enforce a right here doesn't waive that right.
• Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

14. Contact Us

Questions about these Terms: info@ismartbiz.com