Terms & Conditions
1. Payment and Billing Policies
SmarterBots processes payments either directly or via an authorised third-party payment provider. Fees are charged using the payment method provided by the customer. It is the customer’s responsibility to maintain accurate billing details.
If a third-party processor is involved, transactions are subject to its terms. SmarterBots is not liable for processor errors but reserves the right to correct discrepancies post-payment.
Customers who opt for recurring payments agree that charges will continue automatically until the subscription is cancelled or payment details are updated.
Listed fees do not include any applicable taxes, duties, or levies. Customers are responsible for determining and paying any such charges in their jurisdiction. If required by law to collect taxes, SmarterBots will invoice accordingly. Tax-exempt customers must provide documentation in advance.
Failure to pay may result in temporary service suspension. SmarterBots is authorised to retry failed payment methods. Customers disputing a charge must notify us within sixty (60) days. We will review the dispute and respond with a resolution. If the charge is deemed valid, the outstanding balance must be paid within ten (10) days to avoid disruption.
2. Subscription Lifecycle and Termination
Subscriptions begin on the date specified in the order and continue for the designated period. Subscriptions auto-renew unless the customer cancels via their account settings or written notice.
Either party may terminate this agreement with written notice if the other materially breaches and fails to remedy the issue within 30 days.
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If terminated due to an uncured breach by SmarterBots, the customer is entitled to a refund of any prepaid, unused fees.
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If terminated due to a breach by the customer, all unpaid fees for the remainder of the term become immediately due.
Termination does not relieve customers of obligations for fees accrued before termination. Upon termination, all rights and access to the service end immediately.
Certain sections (including ownership, third-party services, payment terms, disclaimers, confidentiality, and data handling) will survive termination.
3. Prohibited Activities
Customers and their users must not:
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Alter, copy, or create derivative works of the platform.
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Reverse-engineer, decompile, or extract source code unless legally allowed.
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Sell, sublicense, or rent access for commercial gain.
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Remove or alter proprietary notices.
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Use the platform unlawfully.
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Gain unauthorised access to or disrupt platform security.
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Use the platform to develop competing products.
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Conduct security or vulnerability testing without permission.
If customer actions compromise system integrity, SmarterBots reserves the right to suspend access. We’ll make reasonable efforts to notify and resolve the issue.
4. Interaction with External Services
Third-Party Integrations
The platform may integrate with third-party services not owned by SmarterBots. Customers may choose to connect these at their own discretion.
Authorisation and Responsibility
If an integration requires authentication, customers are responsible for providing accurate credentials and confirming they have the legal authority to do so.
Independent Services
SmarterBots does not endorse or control third-party services. These may require separate agreements and are used at the customer’s risk.
Disclaimer
SmarterBots disclaims all warranties and liability related to third-party services. We are not responsible for issues or losses arising from their use.
5. No Revocation Post Activation
Once the digital service has commenced, cancellation rights are waived. Refund requests for services already delivered are not valid.
6. Warranties and Disclaimers
Customers confirm that any content or data they submit complies with applicable laws and third-party rights.
The SmarterBots service is provided “as is” and “as available.” While powered by ChatLab’s underlying technology, SmarterBots makes no guarantees regarding availability, reliability, or performance.
We expressly disclaim all warranties, including but not limited to merchantability, fitness for purpose, and non-infringement. Uninterrupted or error-free service is not guaranteed.
In jurisdictions where certain disclaimers are limited, this clause applies only to the extent permitted by law.
7. Disclaimer of Liability for Chatbot Responses
SmarterBots uses technology from ChatLab to generate automated chatbot responses based on user-uploaded content.
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We do not guarantee the correctness, accuracy, or completeness of chatbot responses.
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Responses are informational and not professional advice.
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You agree not to rely solely on chatbot outputs for decision-making.
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SmarterBots is not liable for errors, omissions, or consequences resulting from chatbot use.
8. Limitation of Liability
To the fullest extent permitted by law, SmarterBots shall not be liable for indirect, incidental, special, or consequential damages—such as lost profits, business interruptions, or data loss.
Total liability, in any event, is limited to the fees paid by the customer in the twelve (12) months before the claim arose.
9. Confidentiality
Both parties agree to protect each other’s confidential information with reasonable care.
Confidential Information Includes:
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For SmarterBots: Service features, performance details, and non-public operations.
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For Customers: User data and submitted content.
Exceptions Include:
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Information that becomes public through no fault.
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Information known prior without breach.
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Information lawfully received from a third party.
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Independently developed information.
Obligations:
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Use confidential info only to fulfil this agreement.
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Limit access to those with a need-to-know basis.
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Do not disclose without written consent unless required by law.
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Provide notice if compelled by law (when legally permitted).
10. Data Handling and Privacy
User Data & Content
To deliver services, SmarterBots collects names, emails, IP addresses, browser info, and usage data. By using the service, customers consent to this processing.
Uploaded content is used solely to power the chatbot and remains the property of the customer. SmarterBots (and ChatLab as our technology provider) are granted a limited license to use this data only for providing the service.
Security
We use reasonable safeguards, but customers are responsible for protecting their own credentials and systems.
11. Analytics
SmarterBots may collect aggregated and anonymised usage data (“Service Analytics”) to improve service functionality. This data does not identify individuals.
12. Service Modifications and Force Majeure
We may improve or modify features over time, provided core functionality is not materially reduced.
We are not liable for delays caused by events beyond our control, such as natural disasters, third-party outages, or regulatory issues.
13. Relationship and Assignment
Nothing in this agreement creates a partnership, joint venture, or employment relationship. Customers may not assign this agreement without consent. SmarterBots may assign it in connection with a merger or sale.
14. Notices and Communication
Legal notices must be sent using the contact details on our website. We’ll send important communications to the email you provided upon registration.
15. Governing Law and Jurisdiction
This agreement is governed by the laws of England and Wales. Disputes shall be resolved in the courts of England and Wales.
16. Severability and Entire Agreement
If any clause is found invalid, the remainder will remain in effect. These terms represent the full agreement between you and SmarterBots, replacing all prior discussions.
17. Refunds
Customers are responsible for paying all fees associated with their subscription, as outlined in their order. Unless explicitly stated otherwise, all charges are in British Pounds (GBP).
All payments are final, non-cancellable, and non-refundable, including in cases where the customer chooses not to use the service after activation. By subscribing, you acknowledge that digital services are delivered immediately and that your right to cancel is waived once the service has begun.
SmarterBots reserves the right to adjust pricing, introduce new fees, or update existing charges. Any such changes will be communicated in advance, and customers who do not agree with the revised pricing may choose not to renew their subscription at the end of the current term.
Refunds will only be issued in exceptional cases where SmarterBots is unable to deliver the service due to circumstances within our control.
