Announcement: Smarter Contact has acquired Launch Control to become the undisputed real estate market leader.
Announcement: Smarter Contact has acquired Launch Control to become the undisputed real estate market leader.
Last updated: January 09, 2025
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement between the User and the Company. They set out the rights and obligations of all users regarding the use of the Service.
User’s access to and use of the Service is conditioned on User’s acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service User agrees to be bound by these Terms and Conditions. If the User disagrees with any part of these Terms and Conditions, then the User may not access the Service.
User represents that User is over the age of 18. The Company does not permit those under 18 to use the Service.
User access to and use of the Service is also conditioned on the User’s acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of the User’s personal information when the User utilizes the Application or the Website, including processing by artificial intelligence services, and tells the User about the User’s privacy rights and how the law protects the User. Please read our privacy policy in full before using our Service.
The Service or some parts of the Service are available only with a paid Subscription. The User will be billed in advance on a recurring basis according to the Subscription Plan and Subscription Term the User subscribed to.
The User’s Subscription Term will automatically renew for the period indicated on the User’s chosen Subscription Plan unless the User cancels their Subscription renewal in the App at their discretion at any time.
Upon the User’s Subscription Renewal, we may increase the fees to reflect future changes to our list prices. Additionally, the User’s recurring and usage fees are subject to increase to reflect future changes to our list prices. If these increases apply to the User, we will notify the User at least fourteen (14) days in advance of the User’s Subscription Renewal.
If the User chooses to cancel the User’s Subscription prior to the User’s Subscription Renewal, the User will not be billed for increased fees.
Upon the User’s Subscription Renewal, after the fee changes have become effective, the User will be billed with the increased fees according to their Subscription Plan and Subscription Term.
During the Subscription Term and any Subscription Renewal terms, the User may choose to cancel their Subscription early, provided that we will not provide any refunds and the User promptly pays all unpaid fees due through the end of the Subscription Term. The user may cancel the User’s Subscription Plan in the App at their discretion at any time. The Smarter Contact customer-facing teams are not responsible for nor authorized to process Subscription cancellations on behalf of Users.
All purchases of products and services rendered by the Company to the User are final.
All Subscription fees, usage fees, one-time purchases, or User in-app account credits are non-refundable. We do not provide full or partial refunds if the User cancels their Subscription early, stops using the Subscription during the Subscription Term, forgets to cancel the Subscription, or for any other reason deemed the User’s responsibility.
User shall provide the Company with accurate and complete billing information, including full name, street address, state, zip code, telephone number, email, and a valid payment method.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating the User must proceed manually, within 14 days of the payment being due, with the full payment corresponding to the billing period as indicated on the invoice.
In addition to our list prices, we will bill the User for any applicable sales taxes for products and services purchased. Sales tax laws vary by state and local jurisdiction, and they are automatically calculated by our payment processor at checkout.
Upon a failed payment or the inability to collect payment, the Company retains the right to limit or restrict access to and pause all products and services until all unpaid invoices are paid in full.
The Company may, at its sole discretion, offer a limited version of its applications with a free trial for a limited period of time.
Users may be required to enter their billing information in order to sign up for the Free Trial.
If the User enters their billing information when signing up for a Free Trial, the Company will not collect payment from the User until the Free Trial has expired. On the last day of the Free Trial period, unless the User cancels their Free Trial, the User will be automatically charged the applicable Subscription fees according to the User’s chosen Subscription Plan and Subscription Term.
At any time and without notice, the company reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel its existing Free Trial offer.
According to the new 10 DLC regulations issued by the TCR, starting April 1st, 2022, all Users must provide their accurate business information in order to fulfill carrier compliance requirements. Below is a list of the information required to start and continue services without interruption:
Subscriptions will not be automatically canceled if the User’s 10 DLC application is not submitted or approved.
Subscriptions will not be automatically canceled if the User’s phone numbers are not approved for texting and/or calling. Users should submit their 10 DLC applications right after they start their Subscription and purchase phone numbers immediately after their brand has been 10 DLC approved.
The Users’ approved brands, campaigns, and phone numbers remain active as long as their Smarter Contact account Subscription is active.
After 48 hours of a user cancelling their Subscription, we release their phone numbers back to the carriers. After 48 hours of a user cancelling their Subscription, we delete the User’s approved Brand and Campaign from the TCR.
If a Subscription is reactivated after 48 hours of a user cancelling their subscription, the user will need to resubmit their 10 DLC application to reregister their brand and get reapproved, and new phone numbers must be purchased.
Due to the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the Service. User expressly agrees that we will not be liable for Materials. We reserve the right but are not obligated, to remove content from the Service for any reason, including content that we believe violates these Terms & Conditions mentioned in this document.
The Service utilizes artificial intelligence (“AI”) services provided by third-party providers to enhance certain features such as message template generation, automated communications, and other capabilities (“AI Features”). By using these AI Features, you acknowledge and agree to specific terms and conditions. You authorize the Company to process and transmit message templates, contact information, and message content to third-party AI service providers for the purpose of generating and optimizing communications. If you choose to include any sensitive personal information in your messages or templates, you do so at your own risk and take full responsibility for any consequences. While we implement reasonable security measures, data transmitted to third-party AI providers is subject to their respective privacy policies and terms of service. You agree to indemnify and hold the Company harmless from any claims arising from your inclusion of sensitive personal information in messages or templates.
AI-generated content is provided as a suggestion or template only. All AI-generated content must undergo human review before use. After review and acceptance, it is identical to user content (User Content, as defined above). The Company makes no representations or warranties regarding the accuracy, appropriateness, or effectiveness of AI-generated content. You must ensure all AI-generated content complies with applicable laws, regulations, and industry standards before use. The Company reserves the right to require human review for certain message types or scenarios.
AI Features are an integral part of the Service but must be actively initiated by you. You agree not to use AI Features to generate content that is illegal, harmful, discriminatory, or violates any third party’s rights. The Company reserves the right to monitor, modify, or terminate access to AI Features anytime. AI Features may be subject to usage limits or additional terms as communicated by the Company. You acknowledge that AI Features are provided as tools to assist in content creation and messaging, but their use is at your discretion.
The use of AI Features is subject to third-party providers’ terms of service and policies. You agree to indemnify and hold the Company harmless from any claims arising from your use of AI-generated content. The Company is not liable for any damages resulting from the use, inability to use, or outcomes of AI-generated content.
When a User creates an account with us, the User must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of the User’s account on our Service.
The User is responsible for safeguarding the password used to access the Service and for any activities or actions under the User password, whether the User password is with our Service or a Third-Party application.
The User agrees not to disclose the User’s password to any third party. Users must notify us immediately upon becoming aware of any breach of security or unauthorized use of the User account.
User may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than User without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Smarter Contact offers the option to record calls. If you choose to use this service, you must comply with all state and federal laws, regulations, and rules prior to recording any telephone calls. You expressly warrant and represent to Smarter Contact that you shall comply at all times.
We make no representations or warranties with respect to call recording and recommend that you always secure consent before recording any calls. User acknowledges that these representations and obligations are essential to the ability of Smarter Contact to provide you with access to call recordings, and you further agree to indemnify, defend, and hold Smarter Contact and its officers, directors, owners, employees, agents, consultants, and vendors harmless from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys’ fees) that may be incurred by Smarter Contact arising out of or related to User’s acts or omissions in connection with call recordings, whether such claims arise under contract, tort, statute or other legal theory.
The Users’ use of the Service must comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA). By using the Service, the User agrees to:
The Company will not verify, obtain, store, or produce consent records on behalf of the User. The User is solely responsible for maintaining compliance with TCPA regulations, including but not limited to consent rules. The Company assumes no liability for any violations of TCPA or related laws arising from the User’s use of the Service.
If the User fails to comply with these requirements, the Company reserves the right to suspend or terminate access to the Service without notice. The user agrees to indemnify, defend, and hold the Company harmless from any claims, damages, or penalties arising out of their non-compliance with TCPA regulations.
The Service and its original content (excluding Content provided by User or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. User further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise User to read the terms and conditions and privacy policies of any third-party websites or services that Users visit.
We may terminate or suspend the User’s account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, a breach of these terms and conditions. It is prohibited to use Smarter Contact for any illegal activity restricted by the laws of the USA.
Upon termination, the User’s right to use the Service will cease immediately. If the User wishes to terminate the User Account, the User may request the Company to do so.
Notwithstanding any damages that User might incur, the entire liability of the Company and any of its suppliers under any provision of these terms and User’s exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service if you haven’t purchased anything through the service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to the User “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet the User’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to the User. However, in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern these terms and the User’s use of the service. The User’s application use may also be subject to other local, state, national, or international laws.
If you have any concerns or disputes about the service, the User agrees to first try to resolve the dispute in a fair and equitable way by contacting the company.
If the User is a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident of.
If the User is a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
User represents, and warrants that (i) User is not located in a country that is subject to the United States government embargo or that has been designated by the United States government as a “terrorist supporting” country, and (ii) User is not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if we have made them available to the User on our Service. The User agrees that the original English text shall prevail in the case of a dispute.
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will make reasonable efforts to provide at least seven days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, the User agrees to be bound by the revised terms that are agreed upon whenever the User logs into their User account.
If you have any questions about these Terms and Conditions, you can contact us by email at support@smartercontact.com.
