Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your access to and use of the Smoo AI platform at smoo.ai and all related services, APIs, and applications (collectively, the "Platform") operated by Smoo AI, LLC ("Smoo AI," "we," "us," or "our").

By creating an account, accessing the Platform, or clicking "I Agree," you ("Customer," "you," or "your") agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, do not access or use the Platform.

2. The Platform

Smoo AI is an AI augmentation platform. Our AI agents assist your team by handling routine tasks, customer inquiries, and workflow automation — working alongside your people so your team can focus on higher-value work. Smoo AI does not replace human teams; it augments them.

The Platform includes:

• AI agent configuration and deployment (customer service, internal agents)
• Third-party integration management (30+ integrations)
• Knowledge base ingestion and management
• Real-time chat (WebSocket) and voice communication
• CRM, analytics, and reporting tools
• White-glove setup and consultation services

3. Accounts and Registration

You must create an account to use the Platform. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must provide accurate and complete registration information and keep it updated.

You may invite team members to your organization. You are responsible for their compliance with these Terms and for all actions they take within your account.

You must be at least 18 years old to create an account. The Platform is not available to persons under 18.

4. Subscriptions and Billing

4.1 Service Tiers

The Platform is offered across subscription tiers with different feature sets, usage limits, and support levels. Current pricing and tier details are available at /pricing. Tier features and pricing are subject to change with reasonable notice.

4.2 Payment

Subscriptions are billed in advance on a monthly or annual basis via Stripe. All fees are in US dollars and are non-refundable except as required by law or as stated in our refund policy. You authorize us to charge your payment method on file for all applicable fees.

4.3 Free Trials

We may offer free trial periods. At the end of the trial, your account will automatically convert to a paid subscription unless you cancel before the trial ends. We will notify you before billing begins.

4.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You retain access to the Platform through the end of the paid period.

4.5 Usage-Based Fees

Certain features (e.g., voice minutes, SMS messages, AI token consumption above tier limits) may incur usage-based charges. These will be described in your plan details and billed to your payment method on file.

5. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

• Use the Platform to violate any applicable law or regulation
• Deploy AI agents to engage in spam, phishing, deception, or harassment
• Configure AI agents to make false claims, impersonate real individuals, or produce intentionally misleading content
• Use the Platform to generate, distribute, or facilitate illegal content
• Attempt to reverse-engineer, decompile, or extract the source code of the Platform
• Probe, scan, or test the vulnerability of the Platform without prior written authorization
• Circumvent any rate limits, access controls, or security measures
• Use the Platform in any manner that could damage, disable, or impair the Platform or other users' access
• Resell, sublicense, or transfer Platform access without our prior written consent

5.1 AI Agent Acceptable Use

When deploying AI agents on the Platform, you are responsible for configuring them appropriately for your use case. You must:

• Ensure your AI agents comply with applicable laws including consumer protection, telemarketing, and anti-spam regulations
• Disclose to end-users when they are interacting with an AI agent (where required by law or platform-specific policies, e.g., certain social media platforms)
• Maintain a human escalation path for AI agents handling customer interactions — AI agents must be able to transfer to a human agent when appropriate
• Not configure AI agents to take irreversible high-risk actions (financial transactions above thresholds, account deletions, etc.) without explicit user confirmation
• Review and take responsibility for actions your AI agents take on your behalf through connected integrations

6. Integrations and Third-Party Services

6.1 Your Responsibility for Integration Credentials

When you connect third-party services (CRMs, communication tools, social media platforms, payment processors, etc.) to the Platform, you represent and warrant that:

• You have the right and authority to connect those services to the Platform
• You are authorized under the third-party service's terms of service to use their API in this manner
• You will not connect credentials that belong to another person or organization without their explicit authorization
• You are responsible for all actions taken through connected integrations, including actions taken by AI agents

6.2 Third-Party Terms

Your use of connected third-party services remains subject to those services' own terms of service and privacy policies. Smoo AI is not responsible for the terms, policies, availability, or actions of third-party services.

6.3 Disconnecting Integrations

You may disconnect integrations at any time from your account settings. Upon disconnection, we will delete associated OAuth tokens. Cached data from that integration may be retained briefly for audit purposes and then deleted.

7. AI-Generated Content Disclaimers

AI agents on the Platform generate responses using large language models. You acknowledge that:

• AI-generated responses may be inaccurate, incomplete, outdated, or inappropriate for specific situations
• AI responses are not a substitute for professional advice (legal, medical, financial, safety, etc.)
• You are responsible for reviewing AI agent configurations and monitoring agent performance to ensure quality and accuracy
• Smoo AI is an augmentation platform — AI agents work alongside your team and can escalate to human agents; humans retain final authority over decisions and actions
• You are responsible for all content published or actions taken by AI agents you deploy, including compliance with applicable laws

8. Voice and Recording Consent

If you use voice features on the Platform (inbound/outbound calls, voice AI agents), you represent that:

• You have obtained all necessary consents from parties to voice calls, including consent to recording where required by applicable law (e.g., two-party consent states/jurisdictions)
• You will provide appropriate disclosures to callers when using AI voice agents (e.g., "You may be speaking with an AI assistant")
• You will comply with all applicable telemarketing laws, including the TCPA (US), PECR (UK), and equivalent regulations in your jurisdiction

9. Data Ownership and License

9.1 Your Content

You retain ownership of all content you upload, create, or provide to the Platform ("Customer Content"), including knowledge base documents, conversation templates, and integration configurations.

9.2 License to Smoo AI

You grant Smoo AI a limited, non-exclusive license to process, store, and use Customer Content solely to provide the Platform services to you. This includes transmitting content to AI providers (OpenAI, Groq) and third-party integrations as needed to fulfill your requests.

9.3 Conversation Data

Conversations between your end-users and AI agents ("Conversation Data") are owned by you. We retain Conversation Data per our retention policy to provide the service and produce analytics. We do not share your Conversation Data with other customers or use it to train AI models for others' benefit.

9.4 AI Responses

AI-generated responses produced on your behalf within your account are owned by you, subject to any restrictions imposed by the underlying LLM providers' terms.

9.5 Data Export

You may export your Conversation Data and knowledge base content at any time while your account is active. Upon account termination, you may request a data export within 30 days before data is deleted per our retention policy.

10. Intellectual Property

The Platform, including all software, AI models (excluding third-party LLMs), UI designs, trademarks, and documentation, is owned by Smoo AI and protected by intellectual property laws. These Terms do not grant you any ownership interest in the Platform.

Feedback, suggestions, or ideas you provide about the Platform may be used by Smoo AI without obligation or compensation to you.

11. Service Availability and SLA

11.1 Target Availability

We target 99.5% uptime for the Platform excluding scheduled maintenance. Scheduled maintenance will be communicated with at least 24 hours advance notice where possible.

11.2 No Guarantee

The Platform is provided "as is." We do not guarantee uninterrupted, error-free service. The Platform depends on third-party infrastructure (AWS, Supabase, AI providers, integration APIs) that may experience outages outside our control.

11.3 Maintenance and Changes

We reserve the right to modify, suspend, or discontinue features of the Platform with reasonable notice. We will not make changes that materially degrade the service you're currently paying for without offering a refund or alternative.

12. Confidentiality

Each party agrees to keep the other party's non-public, confidential information strictly confidential and not to disclose it to third parties except as required to provide or use the Platform services, or as required by law. This includes Customer Content, account configurations, and any business information shared during onboarding or support.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF AI-GENERATED CONTENT. SMOO AI DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT AI AGENT OUTPUTS WILL BE ACCURATE OR COMPLETE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMOO AI'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. SMOO AI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR HARM ARISING FROM ACTIONS TAKEN BY AI AGENTS, THIRD-PARTY INTEGRATION FAILURES, OR RELIANCE ON AI-GENERATED CONTENT.

15. Indemnification

You agree to indemnify and hold harmless Smoo AI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) actions taken by AI agents you configure; (d) your Customer Content; or (e) your violation of any third party's rights.

16. Termination

Either party may terminate these Terms at any time. We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if required by law. Upon termination, your access to the Platform ends, and we will handle your data per our Privacy Policy retention schedule.

Sections 7 (AI-Generated Content Disclaimers), 9 (Data Ownership), 10 (Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), and 18 (Governing Law) survive termination.

17. Changes to These Terms

We may update these Terms periodically. Material changes will be communicated via email at least 14 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree to changes, you may cancel your subscription before the effective date.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict of law principles. Any dispute arising from these Terms or the Platform shall be resolved by binding arbitration under the AAA Commercial Arbitration Rules, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property or confidentiality violations.

You waive any right to participate in class action lawsuits or class-wide arbitration against Smoo AI.

19. General

These Terms, together with our Privacy Policy and any order forms or statements of work, constitute the entire agreement between you and Smoo AI regarding the Platform. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of that provision.