Terms of Service

1. Acceptance of Terms

By accessing or 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 to these Terms, 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 your business.

2. Service Description

iSmartBiz provides an AI-powered growth platform designed to help local service businesses attract more clients. The Service includes:

• CRM and lead management
• Automated review requests and reputation management
• SEO optimization and content generation
• Social media management and scheduling
• Referral tracking and attribution
• Revenue analytics and reporting
• AI-generated content subject to human review

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We are continually improving the platform and may add or remove features as part of that process.

3. 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.
• Comply with Laws: Use the Service in compliance with all applicable laws and regulations, including those governing marketing communications (e.g., CAN-SPAM Act, GDPR), data privacy, and intellectual property.
• Not Misuse the Platform: You may not:
  • Use the Service for spam, phishing, or any deceptive practice.
  • Upload or process 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 through our API.
  • Resell or sublicense the Service without explicit written permission.

4. Payment Terms

4.1 Subscription Fees

The Service is offered on a subscription basis. Fees are billed monthly or annually, depending on the plan you select. Our current pricing tiers are published on our Pricing page. All fees are in US dollars and are non-refundable except as expressly stated in these Terms.

4.2 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at hello@ismartbiz.com. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until that date. We do not provide prorated refunds for partial months of service.

4.3 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Price changes will not affect your current billing period and will apply to your next renewal. If you do not agree with the new pricing, you may cancel before the change takes effect.

4.4 Taxes

You are responsible for all applicable taxes associated with your use of the Service, excluding taxes based on our net income.

5. Intellectual Property

5.1 Our IP

The Service, including its software, design, branding, logos, documentation, and all content created by iSmartBiz, is owned by us and protected by copyright, trademark, and other intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service; they do not transfer ownership.

5.2 Your Content

You retain full ownership of the content you upload or provide to the Service ("Your Content"), including photos, business information, client data, and marketing materials. By using the Service, you grant us a limited license to use Your Content solely as necessary to provide the Service to you (e.g., to generate social media posts, populate your CRM, or send review requests on your behalf).

5.3 AI-Generated Content

Content generated by our AI systems on your behalf is provided to you for review and approval before being published or distributed. Upon your approval and use of such content, it becomes Your Content under these Terms.

6. Third-Party Services

The Service may integrate with third-party platforms (e.g., Facebook, Instagram, Google, email providers). Your use of those platforms remains subject to their respective terms and policies. We are not responsible for the availability, accuracy, or practices of third-party services.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied.
• iSmartBiz, its officers, employees, and affiliates shall not be liable for any 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 claims arising under these Terms shall not exceed the total fees you paid to iSmartBiz in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, our liability is limited to the fullest extent permitted by law.

8. Indemnification

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

9. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with 30 days' notice. In cases of violation of these Terms, we may terminate immediately. Upon termination:

• Your right to access the Service ceases immediately.
• We will provide you an opportunity to export Your Content within 30 days of termination, after which we may delete it.
• Provisions of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, and governing law) will continue to apply.

10. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. Each party bears its own arbitration costs. You waive any right to participate in a class action or class-wide arbitration.

11. Changes to These Terms

We may update these Terms from time to time. We will 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 the effective date constitutes acceptance of the revised Terms.

12. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and iSmartBiz.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.
• No Waiver: Our failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our written consent. We may assign them freely in connection with a merger, acquisition, or sale of assets.

13. Contact Us

For questions about these Terms of Service, please contact us at:

Email: hello@ismartbiz.com