Terms of Service

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your access to and use of the Smart Follow Ups website at smartfollowups.co.uk and our voice AI and follow-up automation services (the “Service”), operated by Smart Follow Ups (“we”, “us”, “our”).

By creating an account, requesting a demo, accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a business, you confirm that you have authority to bind that business, and “you” means both you and that business.

If you do not agree with these Terms, you must not use the Service.

2. Service Description

Smart Follow Ups provides AI-powered voice and messaging services designed to help businesses follow up with leads, answer calls, book appointments and manage customer communications. Depending on your plan, features may include:

• AI voice agents and call handling.
• Speed-to-lead SMS and email follow-up.
• Missed-call text-back and call routing.
• Calendar booking and appointment scheduling.
• CRM integrations and workflow automations.
• Review requests and reputation management.
• Analytics, reporting and conversation insights.

The Service is built on top of third-party AI, telephony and cloud infrastructure providers. We select, combine and support these providers to deliver the Service to you. We may add, remove, substitute or re-route providers as needed, provided the Service remains materially fit for purpose.

3. Account Registration and Security

To use certain features of the Service you must register for an account. You must be at least 18 years old and legally able to enter into a contract. You agree to provide accurate, current and complete information and to keep it up to date.

You are responsible for:

• Keeping your account credentials, API keys and integration tokens secure.
• All activity that occurs under your account, including activity by your staff or anyone acting with your credentials.
• Notifying us promptly of any unauthorised use of your account or credentials.

We may suspend, restrict or terminate any account where we reasonably believe these Terms have been breached, where there is a security or payment risk, or where required by law.

4. Acceptable Use

You agree to use the Service lawfully, responsibly and in compliance with these Terms. In particular, you must not:

• Use the Service to send unsolicited communications in breach of PECR, GDPR or any other applicable law.
• Use AI voice or messaging agents to impersonate any person or organisation without their consent.
• Use the Service for unlawful, fraudulent, harassing, abusive, defamatory, obscene, discriminatory or harmful purposes.
• Upload, transmit or generate content that infringes the rights of others, including intellectual property rights, privacy rights or likeness rights.
• Attempt to gain unauthorised access to the Service, other users’ data or related systems.
• Reverse engineer, decompile or disassemble the Service, except where prohibited by law.
• Circumvent rate limits, metering, safety filters or usage restrictions.
• Use the Service to build a competing product or re-sell raw access to our providers.

You are responsible for obtaining all necessary consents, licences and permissions for the data and content you process through the Service, including consent to record calls and use a person’s voice or likeness where required by law.

5. Voice Calls, Messaging and Consent

Where the Service makes or receives voice calls or sends messages on your behalf:

• You must comply with all applicable laws, including PECR, Ofcom rules and the ICO’s guidance on automated calls.
• You must obtain any required consent or opt-in before making automated marketing calls or sending marketing messages.
• You must provide required disclosures, such as identifying that a call is automated where the law requires.
• You must honour opt-out requests promptly.
• You must not call numbers listed with the UK Telephone Preference Service (TPS) or equivalent do-not-call registers for marketing purposes without consent.

You are solely responsible for the content and lawfulness of calls and messages initiated through your account.

6. Intellectual Property

All intellectual property rights in the Service, including software, designs, branding, documentation and content provided by us, belong to us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own business purposes in accordance with these Terms.

You retain ownership of the data and content you input into the Service. You grant us a licence to use that data and content solely to provide, secure and improve the Service.

AI-generated outputs are provided for your use. You are responsible for reviewing outputs before using them and ensuring they do not infringe third-party rights.

7. Pricing and Payment

Fees for the Service are set out on our pricing page or in a separate written agreement. Fees are exclusive of VAT and other taxes unless stated otherwise.

Payments are due according to the billing cycle for your plan or as usage is incurred. We may suspend access if payment is not received when due. Fees are generally non-refundable unless required by law or expressly stated otherwise.

We may change prices or plan contents at any time. Changes take effect for new purchases and, for recurring plans, at the start of the next billing period after we give you reasonable notice.

8. Data Protection

Our use of personal data is described in our Privacy Policy. Where you provide us with personal data of your customers or contacts, you confirm that you have a lawful basis to do so and that you have provided any required privacy notices and obtained any required consents.

Where we process personal data on your behalf, we act as a data processor and will only process that data in accordance with your documented instructions and applicable data protection law.

9. Third-Party Providers and Integrations

The Service integrates with third-party providers, including AI model providers, telephony services, CRM platforms, calendar tools and cloud infrastructure providers. We are not responsible for the availability, functionality, pricing, content policies or actions of those third parties.

You are responsible for complying with the terms of service and acceptable use policies of any third-party provider you connect to the Service.

10. Limitation of Liability

To the maximum extent permitted by law, neither Smart Follow Ups nor its directors, employees, agents or suppliers will be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data or business opportunities, arising out of or relating to your use of the Service.

Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the total amount you paid us in the 12 months immediately preceding the event giving rise to the claim, or £100 if you have not paid anything.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

11. Indemnity

You agree to indemnify and hold harmless Smart Follow Ups, its directors, employees, agents and suppliers from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service in breach of these Terms.
• Any content, data or communications you transmit through the Service.
• Your failure to obtain required consents, licences or permissions.
• Your violation of any applicable law or third-party rights.

12. Termination

You may stop using the Service and close your account at any time by contacting us. We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay amounts due, or if required by law.

On termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will continue to apply.

13. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a revised effective date. Material changes will be notified by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of England and Wales.

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