This Terms of Service agreement (“Agreement”) is a legally binding contract between SmartConvert.io (“Company,” “we,” “us,” or “our”) and the person or entity accessing or using our services (“Client,” “you,” or “your”). SmartConvert.io is a business operating under the laws of the Province of Ontario, Canada.

By creating an account, subscribing to a plan, or engaging in our managed services, you agree to be bound by these Terms.

1. THE SERVICES

1.1. Reseller Status: SmartConvert.io (“the Company”) provides access to a proprietary marketing and sales automation platform (the “Platform”). You acknowledge and agree that the Company is a reseller of third-party software and utilizes third-party infrastructure for hosting and automation.

1.2. Service Availability: While we strive for maximum uptime, we do not warrant that the Platform will be 100% uninterrupted or error-free. We are not liable for any service outages, data loss, or "downtime" caused by third-party infrastructure providers.

1.3. Managed Services Acceptance: For custom builds, funnel creation, or campaign management (“Managed Services”), work is deemed “Accepted” by the Client if no written request for revision is received within seven (7) calendar days of delivery. Revisions requested after this period or outside the original Statement of Work will incur additional fees.

2. FINANCIAL TERMS & RENEWALS

2.1. Monthly Subscription: All services are billed on a monthly recurring basis.

2.2. No Refund Policy: Given the digital nature of the services, all payments are final and non-refundable. This includes monthly subscription fees, setup fees, and usage-based credits (SMS, Email, AI). No pro-rated refunds are provided for partial months of service.

2.3. Automatic Renewal: Your subscription will automatically renew each month. To avoid renewal charges, you must cancel via your billing portal at least 24 hours before your next renewal date.

2.4. Chargeback Policy: Initiating a chargeback is a material breach of this Agreement. Upon notification of a chargeback, we reserve the right to immediately terminate your account and delete all associated data. You agree to pay a $150.00 CAD administrative fee for any chargeback disputes resolved in the Company's favour.

3. COMPLIANCE & LEGAL RESPONSIBILITY

3.1. Consent Records: Under Canada’s Anti-Spam Legislation (CASL), you must maintain records of how and when you obtained consent for every contact in your account. You agree to provide these records to us within 48 hours upon request for audit purposes.

3.2. SMS Compliance: You are 100% responsible for complying with all local and international laws (CASL, TCPA, etc.). You agree to indemnify SmartConvert.io against any fines (including carrier-level SMS fines) or legal fees resulting from your marketing or any other business activities.

4. DATA SECURITY & BREACHES

4.1. Notification: In the event of a data breach at the infrastructure level that poses a "Real Risk of Significant Harm" (per PIPEDA), we will notify you as soon as feasible. You are responsible for notifying your own end-users if their data is compromised.

5. AMENDMENTS & GOVERNING LAW

5.1. Right to Modify: We reserve the right to modify these Terms at any time. For material changes (e.g., price increases or legal obligations), we will provide 30 days’ notice via email or dashboard notification.

5.2. Acceptance: Continued use of the Platform after the notice period constitutes your binding acceptance of the updated Terms.

5.3. Jurisdiction: This Agreement is governed by the laws of Ontario, Canada. Any legal proceedings shall be brought exclusively in the courts of Toronto, Ontario.