Please read these Terms of Service ("Terms") carefully. They form a binding agreement between you and BookedSmarter (owned and operated by Crystal Vision Holdings, LLC, [add email here]). By signing up for, accessing, or using the Service, you agree to these Terms.
1. The Service
BookedSmarter provides an AI-powered receptionist software-as-a-service platform that answers phone calls, books appointments, and sends SMS and email notifications on behalf of subscribing small businesses (each, a "Customer"). The Service includes the website at bookedsmarter.com, the customer portal, the AI voice answering layer, the booking and calendar layer, and the notification layer.
2. Eligibility & Accounts
You must be at least 18 years old and authorized to bind your business to enter into these Terms. You are responsible for the accuracy of registration information and for keeping account credentials confidential. You are responsible for all activity under your account.
3. Acceptable Use
You agree not to:
- Use the Service for illegal activity, fraud, harassment, or to violate third-party rights.
- Send unsolicited marketing or "spam" SMS/voice messages, or otherwise violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM, or U.S. carrier rules (including CTIA short-code and A2P 10DLC guidelines).
- Use the Service to impersonate any person or organization.
- Probe, scan, or test the vulnerability of the Service, or attempt to circumvent rate limits or security controls.
- Reverse-engineer, decompile, or attempt to extract source code (except as expressly permitted by law).
- Resell or sublicense the Service without a written agreement.
You are solely responsible for the content of calls and messages handled on your behalf and for obtaining all required consents from your end users.
4. Customer Data & Privacy
You retain ownership of the data you and your end users submit to the Service ("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. SMS-specific terms are at the SMS Terms page.
5. Fees & Billing
Subscription fees, one-time setup fees, and overage charges are billed in advance through Stripe at the rates listed on the pricing page at the time of purchase. Promotional pricing (including launch promotions) applies only to the term stated in the offer; standard rates apply thereafter. Fees are non-refundable except where required by law. We may change pricing on 30 days' written notice; the new pricing applies at your next renewal.
6. Term & Termination
Subscriptions renew monthly (or annually if elected) until cancelled. You may cancel at any time from the customer portal; cancellation takes effect at the end of the current billing period. We may suspend or terminate your account immediately if you breach these Terms, fail to pay, or use the Service in a way that risks harm to BookedSmarter, our other Customers, or third parties.
7. Service Availability
We work hard to keep the Service available but do not guarantee 100% uptime. The Service depends on third-party providers including Twilio, Stripe, Resend, Google, ElevenLabs, 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 and to the Service, including all software, AI models, designs, trademarks, and content (other than Customer Data). Nothing in these Terms grants you any right in BookedSmarter intellectual property other than the limited right to use the Service per these Terms.
9. Feedback
If you provide feedback or suggestions, you grant BookedSmarter a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you.
10. Disclaimers
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. BookedSmarter does not warrant that the Service will be uninterrupted, 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, 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 related to the Service. Our aggregate liability for any claim relating to the Service will not exceed the amounts you paid to BookedSmarter in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100), whichever is greater.
12. Indemnification
You will defend, indemnify, and hold harmless BookedSmarter from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) Customer Data, (c) your violation of these Terms, or (d) your violation of any third-party right or law, including the TCPA, A2P 10DLC rules, or any applicable consumer protection law.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.
13.1 Binding arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Delaware unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction.
13.2 Class-action waiver
YOU AND BOOKEDSMARTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING.
13.3 30-day opt-out
You may opt out of Section 13.1 (binding arbitration) and Section 13.2 (class-action waiver) by sending an email to [add email here] within 30 days of the date you first accepted these Terms. The email must include your account name, the email associated with your account, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.
14. Changes to the Terms
We may modify these Terms by posting an updated version with a new effective date. If changes are material, we will notify Customers by email. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15. Miscellaneous
- Entire agreement. These Terms (with the Privacy Policy and SMS Terms) are the entire agreement between you and BookedSmarter regarding the Service.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is held unenforceable, the remaining provisions will remain in effect.
- No waiver. Failure to enforce any provision is not a waiver of future enforcement.
- Notices. Notices to BookedSmarter must be sent to [add email here].
16. Contact
Email: [add email here]