Terms of service

TERMS OF SERVICE

Effective Date: [Insert Effective Date]

These Terms of Service ("Terms") constitute a legally binding agreement between SmartCom Tashkent LLC, a Delaware limited liability company ("SmartCom," "Company," "we," "our," or "us"), and the individual or legal entity ("Customer," "you," or "your") that registers for, accesses, or uses the Services.

By creating an account, clicking "I Agree," executing an Order Form, or otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

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

 
1. Company Information

SmartCom Tashkent LLC

Website: https://smartcomglobal.com

Support Email: [email protected]

Notice Address:

121 W Lexington Dr., Office 422

Glendale, California 91203

United States

 
2. Definitions

For purposes of these Terms:

Account means an account created by a Customer or End User to access the Services.

Administrator means an individual designated by a Customer to administer the Customer's organization, subscription, users, permissions, integrations, billing, and AI configurations.

AI Agent means any artificial intelligence assistant, voice agent, chatbot, automation workflow, AI employee, virtual assistant, or similar technology created, configured, hosted, or operated using the Services.

Customer Data means all information, files, prompts, recordings, communications, documents, databases, code, workflows, images, audio, video, and other materials submitted to the Services by or on behalf of the Customer.

Documentation means the user guides, technical documentation, API documentation, support articles, and instructional materials published by SmartCom.

End User means any employee, contractor, customer, client, or authorized user permitted by a Customer to access or interact with the Services.

Order means any online subscription, purchase order, proposal, invoice, quotation, order form, or other commercial agreement under which Services are purchased.

Platform means SmartCom's cloud-based software platform, websites, APIs, AI systems, applications, dashboards, and related technology.

Services means all products and services offered by SmartCom, including but not limited to:

AI voice agents
AI chat agents
AI employees
CRM integrations
Scheduling automation
SMS messaging
Voice calling
Email automation
Workflow automation
APIs
Customer dashboards
Analytics
Mobile applications
Web applications
Future products and services made available by SmartCom.
Subscription means the commercial plan selected by the Customer.

 
3. Eligibility

You may use the Services only if:

you are at least eighteen (18) years old;
you have legal capacity to enter into contracts;
you are not prohibited from using the Services under applicable law;
you are not located in, or acting on behalf of, any country or person subject to U.S. sanctions or export restrictions.
If you access the Services on behalf of a business entity, you represent that you have authority to bind that entity.

 
4. Description of Services

SmartCom provides a cloud-based artificial intelligence platform that enables Customers to build, deploy, configure, and manage AI-powered communications and automation solutions.

The Services may include:

AI-powered voice assistants
AI-powered chat assistants
AI-powered customer support
AI-powered sales agents
appointment scheduling
CRM integrations
workflow automation
voice and SMS communication
analytics
reporting
API access
third-party integrations
cloud hosting
additional enterprise services.
We continuously improve the Services and reserve the right to modify, update, discontinue, replace, or remove features at any time.

 
5. Customer Accounts

To access certain Services, you must create an Account.

You agree that:

all registration information will be accurate;
you will maintain current information;
you are responsible for all activity under your Account;
you will maintain the confidentiality of your credentials;
you will promptly notify SmartCom of any unauthorized access.
You remain responsible for all actions taken through your Account, whether authorized by you or not.

 
6. Administrators

Customers may designate one or more Administrators.

Administrators may:

create and remove users;
configure AI Agents;
modify workflows;
access Customer Data;
manage billing;
purchase additional subscriptions;
configure integrations;
assign permissions;
export reports.
Customers are solely responsible for the actions of their Administrators.

SmartCom has no responsibility for internal permission management within Customer organizations.

 
7. Subscription Services

Access to the Services is provided under a subscription model.

Subscription plans may include limitations on:

users;
AI agents;
conversations;
messages;
phone minutes;
API usage;
storage;
integrations;
other usage metrics.
Subscription details are described in the applicable Order or pricing page.

 
8. Billing and Payments

Subscription fees are billed in advance on a monthly or annual basis unless otherwise agreed.

You authorize SmartCom to charge your selected payment method for:

subscription fees;
usage charges;
overage charges;
taxes;
professional services;
implementation services;
any other agreed fees.
Payments are non-refundable except where required by law or expressly stated in writing.

Failure to make timely payment may result in suspension or termination of the Services.

 
9. Automatic Renewal

Unless cancelled before the renewal date, subscriptions automatically renew for successive renewal terms equal to the original subscription period.

Renewal fees will be charged using the payment method on file.

Customers may disable automatic renewal through their account settings or by contacting SmartCom before the renewal date.

 
10. Free Trials

SmartCom may offer free trials or beta access.

Free trials are provided "AS IS" without warranties.

SmartCom may terminate a trial at any time without notice.

Any Customer Data submitted during a trial may be permanently deleted if no paid subscription is activated.

 
11. Acceptable Use

Customers agree not to use the Services to:

violate any applicable law;
transmit unlawful, defamatory, abusive, fraudulent, or misleading content;
impersonate another individual or organization;
distribute malware or malicious code;
interfere with network security;
circumvent security measures;
attempt unauthorized access;
engage in spam or phishing;
infringe intellectual property rights;
generate illegal content;
engage in harassment or discrimination;
promote violence or criminal activity;
violate privacy rights;
exploit vulnerabilities of AI systems.
Customers are solely responsible for all content generated or distributed using the Services.

 
12. AI Services

The Services utilize artificial intelligence technologies.

Customers acknowledge that:

AI-generated content may contain inaccuracies;
AI outputs should be independently reviewed before use;
AI does not constitute legal, financial, medical, accounting, engineering, or professional advice;
SmartCom does not guarantee the accuracy, completeness, or reliability of AI-generated responses;
Customers remain solely responsible for all decisions made based upon AI outputs.
Customers assume all risks arising from reliance upon AI-generated content.

13. Intellectual Property

13.1 Ownership of the Services

The Services, Platform, software, APIs, Documentation, designs, graphics, trademarks, logos, interfaces, workflows, source code, object code, databases, and all related technology are and shall remain the exclusive property of SmartCom Tashkent LLC and its licensors.

These Terms do not transfer any ownership rights to you.

13.2 License to Use

Subject to your compliance with these Terms and payment of all applicable fees, SmartCom grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during your active Subscription.

13.3 Restrictions

Except as expressly permitted by applicable law, you may not:

copy the Platform;
modify or create derivative works of the Platform;
reverse engineer, decompile, or disassemble any portion of the Services;
attempt to discover source code;
sell, sublicense, lease, rent, or distribute the Services;
remove proprietary notices;
use the Services to build a competing product;
scrape or harvest data from the Platform;
bypass usage limits or security controls.
 
14. Customer Data

You retain all ownership rights in Customer Data.

SmartCom does not claim ownership of your:

prompts;
workflows;
uploaded files;
business information;
customer records;
recordings;
documents;
contacts;
communications.
You grant SmartCom a worldwide, non-exclusive license to host, process, store, transmit, analyze, and display Customer Data solely for the purpose of providing, securing, maintaining, supporting, and improving the Services.

 
15. AI-Generated Content

Unless otherwise stated in an applicable agreement, ownership of AI-generated outputs produced for you through the Services belongs to you, subject to applicable law and any third-party rights.

Because artificial intelligence systems may generate similar responses for different users, SmartCom cannot guarantee that outputs generated for you will be unique.

You are solely responsible for reviewing, validating, editing, and approving any AI-generated output before relying on or distributing it.

 
16. Customer Responsibilities

You are solely responsible for:

the accuracy of Customer Data;
obtaining all legally required consents;
compliance with applicable laws;
maintaining appropriate security controls;
supervising your End Users;
reviewing AI-generated outputs;
your communications with third parties;
maintaining backup copies of important information.
You represent and warrant that you have all necessary rights to submit Customer Data to the Services.

 
17. Privacy

Your use of the Services is also governed by SmartCom's Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you acknowledge that SmartCom may collect, process, store, and transfer information as described in the Privacy Policy.

 
18. Voice Communications, SMS, and Call Recording

Certain Services may initiate, receive, monitor, record, analyze, transcribe, or process voice calls, SMS messages, emails, web chats, and other electronic communications.

You are solely responsible for ensuring compliance with all applicable laws regarding:

call recording;
consent requirements;
telemarketing;
SMS messaging;
automated dialing;
consumer protection;
privacy laws.
Where required by law, you agree to obtain all necessary notices and consents before using the Services.

SmartCom shall not be responsible for your failure to obtain legally required consents.

 
19. Third-Party Services

The Services may integrate with third-party products, including but not limited to:

CRM systems;
payment processors;
telephony providers;
messaging platforms;
email providers;
cloud hosting providers;
calendar services;
AI model providers;
analytics platforms.
SmartCom does not control and is not responsible for third-party services.

Your use of third-party services is governed solely by the applicable third-party agreements.

 
20. Service Availability

SmartCom will use commercially reasonable efforts to maintain availability of the Services.

However, SmartCom does not guarantee uninterrupted, error-free, or continuous operation.

The Services may be unavailable due to:

scheduled maintenance;
emergency maintenance;
Internet outages;
cloud provider failures;
telecommunication failures;
cyberattacks;
force majeure events;
software updates.
 
21. Beta Features

From time to time SmartCom may provide beta, preview, experimental, or early access features.

Such features are provided "AS IS" and may be modified or discontinued at any time.

Beta features are excluded from any service commitments or warranties.

 
22. Confidential Information

Each party agrees to protect the Confidential Information of the other party using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.

Confidential Information includes:

pricing;
business plans;
technical information;
software;
source code;
APIs;
customer information;
product roadmaps;
security information;
non-public documentation.
Confidential Information does not include information that:

becomes publicly available through no fault of the receiving party;
was already known to the receiving party;
is independently developed without reference to the confidential information; or
is lawfully obtained from a third party.
 
23. Security

SmartCom maintains commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data.

However, no security system is completely secure.

You acknowledge that transmission of information over the Internet carries inherent risks.

 
24. Warranties Disclaimer

THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTCOM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY;
AVAILABILITY;
SECURITY;
ERROR-FREE OPERATION.
SMARTCOM DOES NOT WARRANT THAT:

THE SERVICES WILL BE UNINTERRUPTED;
AI OUTPUTS WILL BE ACCURATE;
ERRORS WILL BE CORRECTED;
THE SERVICES WILL MEET EVERY CUSTOMER REQUIREMENT.
 
25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTCOM SHALL NOT BE LIABLE FOR:

INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
EXEMPLARY DAMAGES;
CONSEQUENTIAL DAMAGES;
LOSS OF PROFITS;
LOSS OF BUSINESS;
LOSS OF REVENUE;
LOSS OF GOODWILL;
LOSS OF DATA;
BUSINESS INTERRUPTION.
SMARTCOM'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO SMARTCOM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY.

 
26. Indemnification

You agree to defend, indemnify, and hold harmless SmartCom Tashkent LLC, its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any claims, damages, liabilities, judgments, settlements, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

your use of the Services;
your violation of these Terms;
your Customer Data;
your AI Agents or automations;
your communications with third parties;
your violation of applicable laws;
infringement of intellectual property rights by Customer Data or materials provided by you.
 
27. Suspension and Termination

SmartCom may suspend or terminate your access immediately if:

you violate these Terms;
payment is overdue;
your use poses a security risk;
your activities are unlawful;
continued service may expose SmartCom to legal liability.
Upon termination:

your license to use the Services immediately ends;
SmartCom may disable account access;
outstanding payment obligations survive;
provisions intended to survive termination remain in effect.
 
28. Force Majeure

SmartCom shall not be liable for delays or failures resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, Internet failures, utility outages, governmental actions, cyberattacks, pandemics, epidemics, or failures of third-party service providers.

 
29. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

 
30. Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be addressed through good-faith negotiations between the parties.

If a dispute cannot be resolved, it shall be submitted to binding arbitration in the State of Delaware under the Commercial Arbitration Rules of the American Arbitration Association, unless the parties agree otherwise.

Nothing in this section prevents either party from seeking temporary or permanent injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

 
31. Changes to These Terms

SmartCom may update these Terms from time to time.

Material changes will become effective upon posting to the Website or upon notice to Customers.

Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

 
32. Miscellaneous

These Terms constitute the entire agreement between the parties regarding the Services and supersede all prior agreements or understandings relating to the subject matter.

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

SmartCom's failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

You may not assign these Terms without SmartCom's prior written consent. SmartCom may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets.

Electronic signatures, electronic records, and electronic acceptance of these Terms shall have the same legal effect as handwritten signatures.

 

33. Contact Information

If you have any questions regarding these Terms, please contact:

SmartCom Tashkent LLC

Website: https://smartcomglobal.com

Email: [email protected]

Notice Address:

121 W Lexington Dr., Office 422

Glendale, CA 91203

United States