This Terms and Conditions (“Terms”) document governs your access to and use of the Smart Marketing AI Assistant website and services. By creating an account or using the service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, please do not use the service.
1. Acceptance of Terms
By accessing or using Smart Marketing AI Assistant, you confirm that you have read, understood, and agree to be bound by these Terms. If you use the service on behalf of an organization, you confirm that you have authority to bind that organization, and “you” includes that organization.
2. Eligibility and Accounts
The service is intended for business users and is not directed to children under 13. You must be old enough to form a binding contract in your jurisdiction to use it.
- You agree to provide accurate, current, and complete account information.
- You are responsible for keeping your login credentials secure and for all activity under your account.
- You must notify us promptly of any suspected unauthorized access.
- Organization administrators are responsible for managing the users and permissions within their account.
3. Use of the Service
Smart Marketing AI Assistant provides tools for contact management, business card scanning, reminders, analytics, campaigns, and AI-assisted features. We grant you a limited, non-exclusive, non-transferable, revocable right to use the service for your internal business purposes, subject to these Terms. We may improve, modify, or discontinue features from time to time.
4. Your Content
You retain ownership of the business content you upload, store, or process through the service, including contact details, business card data, notes, tags, follow-ups, and campaign information (“Your Content”).
- You grant us a limited license to host, process, and display Your Content only as needed to operate, maintain, and support the service for you.
- You are responsible for Your Content and for having the necessary rights, permissions, and consents to upload and process it, including personal information about third parties.
- You are responsible for complying with laws that apply to your use of contact data, such as data protection, marketing, and anti-spam laws.
We handle personal information as described in our Privacy Policy. We do not use your private business content to train general-purpose models without your permission.
5. AI and Document Processing
Scanning and AI-assisted features may generate suggestions, extracted text, summaries, or other output. AI output can be incomplete or inaccurate, so please review it before relying on it, especially before sending communications or making business decisions. You are responsible for how you use the output. Content submitted to these features may be processed by our infrastructure and service providers acting on our behalf, as described in our Privacy Policy.
6. Subscriptions and Payments
Some features require a paid subscription.
- Fees, billing cycles, and plan features are shown at the time of purchase.
- Payments are handled by third-party payment providers. We do not store complete payment card numbers.
- Subscriptions renew automatically at the end of each billing period unless you cancel before renewal.
- Unless required by law or stated otherwise at purchase, fees are non-refundable.
- We may change pricing with reasonable advance notice. Changes apply from your next billing period.
- You are responsible for any applicable taxes.
7. Intellectual Property
The service, including its software, design, features, trademarks, and documentation, is owned by Smart Marketing AI Assistant or its licensors and is protected by intellectual property laws. Except for the limited right to use the service, these Terms do not transfer any rights to you. If you send us feedback or suggestions, you allow us to use them without obligation to you.
8. Prohibited Conduct
You agree not to:
- Use the service for unlawful, fraudulent, deceptive, or harmful purposes.
- Send spam or unsolicited communications, or violate marketing and privacy laws.
- Upload content you do not have the right to use, or that infringes the rights of others.
- Attempt to gain unauthorized access to the service, other accounts, or our systems.
- Interfere with, disrupt, or overload the service or its security features.
- Reverse engineer, copy, resell, or sublicense the service, except as permitted by law.
- Use automated means to scrape or extract data from the service without our permission.
- Use the service to build a competing product.
9. Third-Party Services
The service may integrate with or link to third-party services, such as payment providers, email tools, and AI or document processing providers. We are not responsible for third-party services, and your use of them may be subject to their own terms and policies.
10. Suspension and Termination
You may stop using the service or close your account at any time. We may suspend or terminate your access if you violate these Terms, put the service or other users at risk, fail to pay applicable fees, or where required by law. On termination, your right to use the service ends. We will handle and retain your data as described in our Privacy Policy, and you can request export or deletion of your information by contacting us. Provisions that by their nature should survive termination, such as intellectual property, disclaimers, liability limits, and governing law, will continue to apply.
11. Disclaimers
The service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the service will be uninterrupted, error-free, or secure, or that AI-generated or extracted information will be accurate or complete.
12. Limitation of Liability
To the fullest extent permitted by law, Smart Marketing AI Assistant and its affiliates, officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill, arising from your use of the service. Our total liability for any claim relating to the service will not exceed the amount you paid us in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
13. Indemnification
You agree to defend and indemnify Smart Marketing AI Assistant against claims, damages, and expenses (including reasonable legal fees) arising from Your Content, your violation of these Terms, or your violation of any law or third-party rights.
14. Governing Law
These Terms are governed by the laws of India, without regard to conflict of law principles. Any disputes will be resolved in the courts of India, unless applicable law requires otherwise.
15. Changes to These Terms
We may update these Terms as the service or legal requirements change. We will post the updated version on this page and revise the effective date. Material changes may also be communicated through the service or by email where appropriate. Continued use of the service after changes take effect means you accept the updated Terms.
16. Contact Us
If you have questions about these Terms, contact the Smart Marketing AI Assistant team at sales@hestensolutions.com. If your organization has an account administrator, you may also contact them about account and access questions.