Terms of Service

These Terms of Service (the "Agreement") are a binding contract between Crystal Vision Holdings LLC, a Florida limited liability company doing business as BookedSmarter ("BookedSmarter," "we," "us," or "our"), and the business entity or person subscribing to our service ("Customer," "you"). By clicking "I agree" at signup, or by accessing or using the Service, you accept this Agreement. If you are accepting on behalf of a company, you represent that you are authorized to bind it.

1. The Service

BookedSmarter provides an AI-powered receptionist software-as-a-service platform that answers inbound phone calls, records and transcribes calls, books appointments, and sends transactional SMS and email notifications on behalf of subscribing businesses, subject to the subscription tier you select. The Service includes the website at bookedsmarter.com, the customer portal, the AI voice answering layer, the booking/calendar layer, and the notification layer. Features by tier are described at bookedsmarter.com/pricing and may change with notice.

2. Eligibility & Accounts

You must be at least 18 years old and authorized to bind your business. You are responsible for the accuracy of your registration information, for keeping your login credentials confidential, for not sharing access outside your business, and for all activity under your account.

3. Acceptable Use

You agree not to, and not to permit any third party to:

• Use the Service for illegal activity, fraud, harassment, or to violate third-party rights.
• Send unsolicited bulk or marketing SMS or voice messages, conduct robocall campaigns, or otherwise violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM, or U.S. carrier rules (including CTIA messaging principles and A2P 10DLC guidelines).
• Configure the AI to deny that it is an AI when directly asked, impersonate a specific real person, or extract sensitive information from callers under false pretenses.
• Probe, scan, or test the vulnerability of the Service, circumvent rate limits or security controls, reverse-engineer, decompile, or attempt to extract source code (except as expressly permitted by law). Report vulnerabilities responsibly to [email protected].
• Resell or sublicense the Service without our prior written agreement.
• Use the Service for financial services subject to the Gramm-Leach-Bliley Act (GLBA) or any other regulated use requiring a data-protection agreement we do not offer.

3.1 Healthcare, PHI, and HIPAA

The Service is built for cash-pay, non-clinical businesses and is not designed or authorized for use by HIPAA "covered entities" or "business associates" (45 C.F.R. § 160.103), and BookedSmarter does not enter into Business Associate Agreements (BAAs). You may not use the Service in any manner that causes it to create, receive, maintain, or transmit Protected Health Information (PHI) governed by HIPAA, absent a separate written BAA executed by an authorized BookedSmarter officer — which we may decline to offer for any reason.

Permitted aesthetic use. Cash-pay aesthetic and cosmetic businesses — including medical spas offering services such as Botox, dermal fillers, and laser treatments — may use the Service, provided they do not bill insurance, conduct electronic standard transactions, or otherwise operate as a HIPAA covered entity, and do not route PHI or clinical health detail through the Service.

Your representations. You represent and warrant that: (a) you are not a HIPAA covered entity or business associate and do not conduct electronic standard transactions (for example, insurance claims, eligibility checks, or claim-status inquiries); (b) you will configure your use, and instruct your callers and staff, so that the Service is not used to collect diagnoses, medications, conditions, or other clinical health detail; and (c) you will immediately cease use of the Service and notify us if any of the foregoing ceases to be true — for example, if you begin billing insurance, or add clinical services such as prescription weight-loss, hormone, or IV therapy in a manner that generates PHI or causes you to become a covered entity.

Allocation of risk; indemnity. You are solely responsible for the lawful classification of your business and for any PHI or state-regulated medical information you cause the Service to process. You will defend, indemnify, and hold harmless BookedSmarter from any claim, fine, penalty, or loss (including reasonable attorneys' fees) arising from your breach of this Section 3.1, your misclassification of your regulatory status, or your transmission of PHI or state-regulated medical information through the Service in violation of this Agreement. BookedSmarter may refuse, suspend, or terminate any account it reasonably believes is operating as a covered entity, requires a BAA, or is routing PHI through the Service.

3.2 Caller consent and call content

You are responsible for ensuring your inbound call flows comply with the call-recording and consent laws of the states where your callers reside. We provide an AI greeting recording-and-AI disclosure; configuring it correctly and keeping it enabled is your responsibility. You are solely responsible for the content of calls and messages handled on your behalf and for obtaining all consents required from your end users. We may suspend or terminate for violations of this Section 3, with or without notice depending on severity; repeated or serious violations result in termination without refund. Report suspected abuse to [email protected].

4. Customer Data & Privacy

You own the business data and the call recordings and transcripts generated for your account ("Customer Data"). You grant BookedSmarter a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display Customer Data solely to provide and improve the Service. Our handling of personal information is governed by the Privacy Policy and, where applicable, the Data Processing Addendum. SMS-specific terms are at the SMS Terms page.

5. Fees, Auto-Renewal, and Cancellation

5.1 Fees. You will pay the subscription fee for your selected tier, plus any one-time setup fees and usage-based charges (e.g., per-call overage), at the rates listed on the pricing page at the time of purchase. All fees are billed in advance via Stripe. Promotional pricing applies only for the term stated in the offer; standard rates apply thereafter.

5.2 Automatic Renewal — Please Read. Your subscription is a continuous, automatically renewing subscription. It renews automatically at the end of each billing period — monthly, or annually if you select an annual plan — and the payment method on file is charged automatically at the then-current rate for your tier, until you cancel. Subscription tiers currently range from $149 to $749 per month (the exact recurring amount for your tier is shown at checkout and on your billing page); annual plans are billed once per year at the annual rate shown at checkout. We will send a renewal reminder to your account email before each renewal as required by applicable law, including the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606). The renewal terms presented to you at checkout, and the post-purchase acknowledgment email we send after you subscribe, control the specific interval and amount for your plan.

5.3 How to Cancel (Click to Cancel). You may cancel at any time, online, from your portal — go to Account › Plan & Billing › Cancel. No phone call, no email, and no retention pitch are required, and cancellation does not require you to take any step that obstructs or delays it. Cancellation takes effect at the end of your current paid period; you will not be charged again after you cancel. If you signed up online, you may cancel online by this same method.

5.4 Refunds. Subscription fees are billed in advance and are non-refundable — we do not refund unused time, partial months, or any other portion of a subscription fee, except where required by law. If you cancel mid-period, your service continues through the end of the period you have paid for, then stops. Setup fees are refundable in full if requested before your dedicated phone number has been provisioned and configured; once the number is live and accepting calls, setup fees are non-refundable because the work has been performed. For billing concerns, email [email protected] before initiating a chargeback; we aim to resolve billing issues within two business days.

5.5 Price Changes. We may change pricing for future renewal periods on at least 30 days' prior notice to your account email. The new price applies at your next renewal; if you do not want to renew at the new price, cancel before that renewal.

5.6 Free Trial (if offered). If we offer a free trial, it converts to a paid subscription at the end of the trial period unless you cancel before the trial ends. We will send a reminder before conversion as required by applicable law, including the California Automatic Renewal Law.

6. Term & Termination

Subscriptions renew per Section 5 until cancelled. Either party may terminate for a material breach not cured within 30 days of written notice. We may suspend or terminate immediately for violations of Section 3, non-payment, or use that risks harm to BookedSmarter, our other Customers, or third parties. On termination, your access ends and we will delete or return Customer Data within 60 days, except as required by law to retain.

7. Service Availability

We work to keep the Service available but do not guarantee 100% uptime. The Service depends on third-party providers including Twilio, Stripe, ElevenLabs, Anthropic, Resend, Railway, and Cloudflare. We are not liable for outages or failures attributable to those providers, your phone carrier, your internet connection, or other circumstances outside our reasonable control.

8. Intellectual Property

BookedSmarter and its licensors own all right, title, and interest in the Service, including all software, AI models, prompts, designs, trademarks, and content (other than Customer Data). You receive a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription. Nothing here grants you any other right in our intellectual property. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you.

9. Confidentiality

Each party will protect the other's confidential information with at least the same care it uses for its own, and no less than reasonable care, and will use it only as needed to perform under this Agreement.

10. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted or error-free, or that the AI receptionist will correctly understand, transcribe, or handle every call.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BookedSmarter and its officers, members, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising from or relating to the Service. Our aggregate liability for any claim relating to the Service will not exceed the greater of the amounts you paid us in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100). The limitations in this Section apply even if a remedy fails of its essential purpose, and they do not limit liability that cannot be limited under applicable law.

12. Governing Law, Forum, Arbitration & Waivers

12.1 Governing Law. This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.

12.2 Exclusive Forum. Subject to Section 12.3, any claim or action arising out of or relating to this Agreement or the Service must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you and BookedSmarter irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection of inconvenient forum.

12.3 Binding Individual Arbitration. Except for the carve-outs in Section 12.6, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration will be seated in Miami-Dade County, Florida, and may be conducted by videoconference. This Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction.

12.4 Class-Action and Class-Arbitration Waiver. YOU AND BOOKEDSMARTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. If this Section 12.4 is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in the courts identified in Section 12.2, and the remainder of Section 12 will remain in force.

12.5 Jury-Trial Waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND BOOKEDSMARTER EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

12.6 Carve-Outs. Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction, and either party may seek injunctive or other equitable relief in the courts identified in Section 12.2 to protect its intellectual property or confidential information.

12.7 Prevailing-Party Fees. In any action or arbitration arising out of or relating to this Agreement, the prevailing party is entitled to recover its reasonable attorneys' fees and costs to the extent permitted by Florida law (including Fla. Stat. § 57.105(7), which makes any contractual fee right reciprocal by operation of law).

12.8 30-Day Opt-Out. You may opt out of Sections 12.3, 12.4, and 12.5 by emailing [email protected] within 30 days of the date you first accepted this Agreement, including your account name, the email associated with your account, and a clear statement that you are opting out of arbitration and the related waivers. Opting out does not affect any other provision, including the governing-law and exclusive-forum provisions in Sections 12.1–12.2.

13. Changes to the Terms

We may modify this Agreement by posting an updated version with a new effective date. If changes are material, we will notify Customers by email and, where appropriate, require re-acceptance in the portal. Your continued use of the Service after the effective date constitutes acceptance of the updated Agreement.

14. Miscellaneous

• Entire agreement. This Agreement, with the Privacy Policy, SMS Terms, and (where applicable) the DPA, is the entire agreement between you and BookedSmarter regarding the Service.
• Assignment. You may not assign this Agreement without our prior written consent; we may assign it in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Failure to enforce any provision is not a waiver of future enforcement.
• No third-party beneficiaries; force majeure excuses non-performance for events outside a party's reasonable control.
• Notices. Notices to BookedSmarter must be sent to [email protected]; notices to you may be sent to your account email.

15. Contact