Terms and conditions

1. Who we are and acceptance

These terms govern the use of the smartally.io site and the app.smartally.io platform (the "service"), operated by SMART SSO, S.A. de C.V. ("SmartAlly", "we"), located at Calle Calendula 19, Col. San Lorenzo Atemoaya, Xochimilco, C.P. 16400, Ciudad de México, México.

By creating an account, purchasing a plan or using the service, you accept these terms, the privacy notice and the Data processing agreement. If you accept them on behalf of a business, you confirm you are authorized to bind it, and "you" refers to that business.

The service is for businesses and professionals, not for personal or household use.

2. Definitions

• Account: your business's space on the platform.
• Users: the members of your team you give access to the account.
• End customers: the people who communicate with your business through the service.
• Your content: the information you, your users or your end customers upload or generate in the service, including messages, documents and settings.
• Channels: the third-party services you connect, such as WhatsApp, Instagram, Messenger, email or Google Calendar.
• Plan: the service tier and price you purchase.

3. The service

SmartAlly is an AI assistant that answers your customers on the channels you connect, organizes conversations, books appointments and helps you follow up and get paid.

We improve the service constantly, so we may add, change or remove features. If we remove a major feature from your plan, we give you at least 30 days' notice.

Some features may be offered as a trial or beta. Those features are provided as is, may change or end at any time and carry no availability commitments.

4. Your account and your users

• Registration information must be true and kept up to date.
• You are responsible for what happens in your account, who has access and keeping passwords safe.
• Each user must have their own login. Do not share credentials.
• Let us know right away at connect@smartally.io if you think someone accessed your account without permission.

5. Plans, payments and invoicing

• Prices and what each plan includes are shown when you purchase. Prices exclude taxes unless stated otherwise.
• Plans are charged in advance by card through our payment provider and renew automatically for the same period until you cancel.
• If your plan has usage limits, such as messages or conversations, and you go over them, we let you know and you can upgrade or buy additional capacity.
• Each charge generates a payment receipt. If you need a Mexican tax invoice (CFDI), request it with your tax details and we will send it.
• If a charge fails, we retry it automatically for about 3 weeks and our team contacts you. Until it is paid, the plan's features, including the AI assistant, are paused, but you keep access to your account. If the charge still fails, the plan is canceled and your account moves to the free plan.
• We may change prices with at least 30 days' notice. If you already have a plan, you keep your current price until your next renewal.
• Payments are non-refundable and there are no refunds for partial periods, unless the law says otherwise or we breach these terms.

6. Acceptable use

When using SmartAlly you agree not to:

• Message people who did not agree to receive messages, or send spam or unsolicited bulk messages.
• Impersonate another person or business, or mislead your customers about who is answering them.
• Post or send content that is illegal, fraudulent, discriminatory, violent, sexual content involving minors or that infringes the rights of others.
• Use the service for businesses or products prohibited by the channels' policies.
• Request or process sensitive data without the consent the law requires.
• Try to breach, copy, reverse engineer, overload or access without permission the platform or other accounts.
• Resell the service or use it to build a product that competes with SmartAlly without a written agreement.

7. Third-party channels and services

The service works connected to third-party platforms, such as Meta's WhatsApp, Instagram and Messenger, and Google. To use them you accept their own terms and policies, including the WhatsApp Business and Meta messaging policies.

You are responsible for following them: having your customers' consent to message them, respecting messaging windows and approved templates, and not sending prohibited content. If a third party limits or suspends your channel because of your use, that is not a breach on our part.

Those platforms may change their rules, prices or features. If a change affects the service, we adapt where possible and let you know, but we do not control those platforms or answer for them.

8. Artificial intelligence

• The assistant answers automatically based on the information and instructions you configure. It can make mistakes, give incomplete information or misunderstand a question.
• You are responsible for keeping your business information accurate, reviewing the settings and supervising important conversations. You can always take over a conversation manually.
• Do not use the assistant to give medical diagnoses, legal or financial advice, or any professional advice without supervision by a qualified person.
• If the law or a channel's policies require you to tell your customers they are talking to an automated assistant, you must do so.

9. Your content and your customers' data

Your content is yours. You give us permission to host, process and display it only to provide the service, keep it secure and support you.

For your end customers' data, you are the controller and SmartAlly acts as processor, under the Data processing agreement, which is part of these terms. You are responsible for having your own privacy notice and the legal basis to process that data and contact your customers.

We may use aggregated, anonymous information about service usage, which does not identify your business or anyone, to improve SmartAlly and produce statistics.

10. Confidentiality

Each party will protect the confidential information it receives from the other, use it only for the purposes of this agreement and not share it, except with people who need it and are bound by the same obligation, or when the law requires. This obligation survives for 3 years after the agreement ends, and without time limit for trade secrets and personal data.

11. Intellectual property

The platform, the software, the SmartAlly brand, the design and the site content belong to us or our licensors. While you have an active plan, we grant you a non-exclusive, non-transferable license to use the service in your business.

If you send us ideas or feedback to improve SmartAlly, we may use them without any obligation to you.

12. Availability and support

We work to keep the service available at all times, but there may be interruptions due to maintenance, third-party failures or causes beyond our control. When possible, we announce maintenance in advance.

We provide support through the channels shown in the platform or at connect@smartally.io.

13. Suspension

We may suspend your account or a channel, preferably with prior notice, if you do not pay, if you breach these terms or the channels' policies, if your use puts the security or operation of the service at risk, or if an authority orders it. We restore the service once the cause is resolved.

14. Cancellation and exporting your data

• You can cancel your plan anytime from the platform or by writing to us. Cancellation takes effect at the end of the paid period.
• We may terminate the agreement if you breach these terms seriously or repeatedly, with written notice. If the breach can be fixed, we give you 15 days to do so.
• After cancellation you have 30 days to export your information. After that we delete it, except what we must keep by law.

15. Warranties

We provide the service with care and professionalism, in line with its description. Beyond that, and to the extent the law allows, the service is provided as is, and we do not guarantee that it is error-free, uninterrupted or that it will achieve a specific business result.

16. Limitation of liability

To the extent the law allows, neither party is liable for indirect damages, lost profits, or lost sales or data not caused by its fault, and SmartAlly's total liability for any claim related to the service is limited to what you paid in the 12 months before the event that gave rise to it.

These limits do not apply to damages caused by willful misconduct or gross negligence, or to obligations the law does not allow to be limited.

17. Indemnification

If a third party, including an authority or a channel platform, brings a claim against SmartAlly over your content, how you use the channels or your breach of these terms or the law, you agree to hold us harmless and cover the reasonable defense costs that result.

18. Changes to these terms

We may update these terms. If the change is significant, we let you know by email or in the platform at least 30 days before it takes effect. If you do not agree, you can cancel before that date. If you keep using the service afterwards, you accept the new terms.

19. General provisions

• These terms, the privacy notice, the Data processing agreement and what you accept when purchasing a plan form the entire agreement between you and SmartAlly.
• If any part is held invalid, the rest remains in effect.
• You may not assign this agreement without our written consent. We may assign it in a merger, sale or restructuring, with notice to you.
• Neither party is liable for failures caused by acts of God or force majeure.
• Notices are sent to the email registered in your account and, for us, to connect@smartally.io.

20. Governing law and jurisdiction

These terms are governed by the federal laws of the United Mexican States. For any dispute, the parties submit to the competent courts of Mexico City, and waive any other jurisdiction that may apply to them.