Smartly Digital Solutions -Smartly AI LeadFlow – Terms of Service


These Terms of Service, together with Smartly Digital Solutions’ Privacy Policy (https://smartlydigitalsolutions.com/privacypolicy/) and, if you are a subscriber of Smartly Digital Solutions’ services, your Subscription Agreement and Smartly Digital Solutions’ Billing Policy, set forth the terms and conditions (the “Terms”) that apply to your access and use of this website (the “Site”) and Smartly Digital Solutions’ services (together with the Site, the “Services”). “Smartly Digital Solutions” includes Smartly Digital Solutions, Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents.

The Services may include, but are not limited to: (1) online advertising services; (2) limited non-exclusive license of Smartly Digital Solutions’ proprietary customer relationship management software (the “Proprietary Software”) and certain copyrighted materials; (3) training in the Proprietary Software; and (4) certain support services provided by Smartly Digital Solutions at its sole discretion regarding the Proprietary Software.

By using the Services, you agree to these Terms, as updated from time to time in accordance with Section 11 below. Because Smartly Digital Solutions provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and Smartly Digital Solutions must be resolved in arbitration or small-claims court.



Account Security

To use the Services you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Service in compliance with any and all applicable laws and regulations.



Account Registration

Using the Services requires a Smartly Digital Solutions account (the “Account”). When you register for your Account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from Smartly Digital Solutions for any purpose. You are solely responsible for maintaining the confidentiality and security of your Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us.



Payment

You understand that prior to Smartly Digital Solutions providing the Services, you are required to choose a Subscription Plan, enter into a Subscription Agreement, and pay all fees listed in your Subscription Agreement, including an onboarding fee.

In the event that you subscribe to any other Smartly Digital Solutions’ Services or placing services, you understand and agree that you are also required to pay a monthly amount (the “Ad Budget”) to be used by Smartly Digital Solutions to place internet advertising or marketing on your behalf. By starting your Subscription Plan, you authorize us to charge fees per the terms of your Subscription Agreement, and any other charges you may incur in connection with your use of the Services. You will be automatically charged each month, or, in the case of a prepaid plan, per the terms of such plan, for your ongoing use of the Services. In Canada, all prices are payable in CAD (in the United States, all prices are payable in USD) and all payments are non-refundable. You are responsible for paying any applicable taxes. If you fail to pay the full amount due for any or all of the Services, Smartly Digital Solutions may, at its sole discretion in accordance with and subject to any applicable law, suspend any or all of the Services.

No Refunds and Chargebacks

Due to the nature of lead generation and the significant costs associated with online advertising through platforms such as Google and Facebook, all payments made to Smartly Digital Solutions are final and non-refundable.
By agreeing to these Terms, you expressly waive any right to request or initiate a chargeback, dispute, or refund through your payment provider or financial institution for services rendered or advertising costs incurred. Smartly Digital Solutions will not issue any refunds, partial or otherwise, once campaigns or lead generation services have commenced.



Lead Generation Disclaimer

Smartly Digital Solutions guarantees that all leads provided through our Services are real and contain valid contact details. However, Smartly Digital Solutions does not guarantee that leads will result in sales, as we cannot control the client’s sales process. The success of lead conversion depends on the client’s ability to properly nurture, engage, and follow up with the leads. It is the client’s responsibility to contact, nurture, and convert leads into sales. Smartly Digital Solutions will replace any lead that contains incorrect contact information or falls outside of the agreed-upon target criteria, but under no circumstances will refunds be issued for the Services rendered.



Prohibited Conduct

You agree not to:

  • Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
  • Violate or encourage others to violate the rights of third parties, including intellectual property rights;
  • Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
  • Interfere in any way with security-related features of the Services;
  • Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
  • Access, monitor, or copy any content or information of the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without Smartly Digital Solutions’ express written permission;
  • Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth;
  • Use the Services to promote, sell, advertise, or offer services for which you are not properly licensed, certified, or legally authorized to perform under applicable local, state, or federal laws and regulations; or
  • Sell or otherwise transfer the access granted herein.

We have the right at our sole discretion to remove any content posted on our Site or through the Services for any reason. We are not responsible for any delay in or failure to remove such content.



Third-Party Content

The Site may contain links to third-party websites and services. Smartly Digital Solutions provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that Smartly Digital Solutions has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for their legality, accuracy, or appropriateness. Certain products, tools, or other types of services made available via the Services are delivered by third-party sites and organizations.



Lead Types and Policies

Real Leads: Leads with valid contact details (phone number and email) within the client’s service area and exclusive to the agent. All Smartly Leads are guaranteed to be “Real Leads” or will be replaced.

Fake Leads: Leads with invalid contact details (both phone and email) will be replaced at no additional cost.

Out-of-Region Leads: Leads that originate from outside of the client’s defined or contracted service area (“Out-of-Region Leads”) will be replaced at no additional cost, provided that the client’s service area was clearly specified in the subscription or campaign agreement. Smartly Digital Solutions reserves the right to verify location data before a replacement is issued.



CRM, AI Assistant, Phone Calls, SMS, and Appointment-Provided Leads

These services are subject to additional fees.

AI CRM and Assistant Platform

Smartly Digital Solutions includes access to its proprietary AI CRM and AI Assistant platform for all clients actively subscribed to lead generation services. Continued access is contingent upon maintaining an active lead subscription.

While Smartly Digital Solutions may, at its sole discretion, waive or discount the $500 monthly CRM and AI Assistant platform fee as part of certain promotions or for clients actively subscribed to Smartly lead generation services, such waiver does not constitute a permanent or guaranteed benefit.

Clients who are not actively subscribed to or ordering lead generation services are required to pay the full CRM and AI Assistant platform fee of $500 per month to maintain access. If a client cancels, pauses, or fails to renew their lead generation subscription, access to the AI CRM and AI Assistant platform will be suspended immediately unless the client transitions to a standalone CRM subscription and pays the applicable monthly platform fee.



Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. Using the Services does not give you ownership of any data or intellectual property rights in the Services or the content you access. You may not resell, distribute, or modify the Services beyond what is expressly permitted by these Terms.

By using our Services, you acknowledge and agree to these Terms.