Terms of Service

By accessing or using SmartLine IQ ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

SmartLine IQ provides AI-powered voice agents that answer inbound phone calls on behalf of your business. The Service includes phone number provisioning, voice agent configuration, call handling, and related dashboard tools.

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

Paid plans are billed on a recurring basis. You authorize us to charge your payment method for the applicable fees. If payment fails, we may suspend access to the Service. All fees are non-refundable except as required by law or as otherwise stated in writing.

You agree not to use the Service to:

• Violate any applicable law or regulation
• Harass, abuse, or harm another person
• Send unsolicited communications or spam
• Interfere with or disrupt the Service or its infrastructure
• Impersonate any person or entity, or misrepresent your affiliation

The Service and its original content, features, and functionality are owned by SmartLine IQ and are protected by copyright, trademark, and other intellectual property laws. You retain ownership of any content you provide to the Service, such as agent configurations and business information.

THE SERVICE, INCLUDING ALL AI-GENERATED VOICE RESPONSES, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

SmartLine IQ specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of AI-generated content. We do not warrant that the AI voice agent will operate error-free, that all calls will be answered or handled correctly, or that information provided by the AI agent will be accurate, complete, or current.

You acknowledge that: (i) the AI voice agent may fail to answer, properly route, or accurately respond to some calls; (ii) the AI voice agent may provide information that is inaccurate, outdated, or inconsistent with your current business operations; (iii) the AI voice agent may misunderstand caller intent, provide inappropriate responses, or fail to escalate calls requiring human intervention; and (iv) system outages, network issues, or technical failures may prevent the AI voice agent from receiving or processing calls.

You are solely responsible for (a) reviewing and configuring the AI agent's knowledge base, (b) verifying that the AI agent's responses align with your business requirements, and (c) implementing appropriate human oversight and escalation procedures.

Calls handled by your AI voice agent are recorded, transcribed, and stored for service delivery, quality assurance, and AI improvement purposes. Call data is processed by our technology partners including Twilio, ElevenLabs, and OpenRouter.

You are solely responsible for compliance with all applicable federal, state, and local laws regarding call recording, including obtaining any required consent from callers. Thirteen U.S. states require all-party consent before recording a call (California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington). SmartLine IQ provides a configurable call recording notice in the agent greeting; you are responsible for ensuring it is enabled where required by law.

You are solely responsible for determining whether your use of the Service complies with all applicable laws, regulations, and industry standards, including without limitation:

• HIPAA — if your business handles protected health information
• TCPA — the FCC confirmed in 2024 that AI-generated voices are subject to TCPA requirements
• State AI disclosure laws — including California AB 2905 requiring disclosure when a caller is speaking with an AI
• State call recording consent laws — all-party consent requirements in 13 states
• Industry-specific regulations applicable to your business

SmartLine IQ does not represent that the Service is suitable for use in regulated industries without additional safeguards implemented by you. Use of the Service in healthcare, legal, financial, or emergency service contexts without appropriate human oversight is expressly prohibited.

You shall indemnify, defend, and hold harmless SmartLine IQ from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service in violation of applicable law, including TCPA, HIPAA, state call recording laws, and AI disclosure requirements
• Your failure to obtain required consents from callers or end users
• The accuracy, completeness, or legality of your knowledge base content, scripts, or configurations
• Any claim by a third party arising from information provided by the AI voice agent based on your content
• Your use of the Service in a manner not authorized by this Agreement

SmartLine IQ shall indemnify you against claims arising from our infringement of third-party intellectual property rights, our breach of data protection obligations, or our gross negligence or willful misconduct.

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS.

Our total aggregate liability arising from the Service shall not exceed the amounts paid by you in the twelve (12) months preceding the event giving rise to the claim. This limitation applies regardless of the theory of liability, even if advised of the possibility of such damages.

These limitations do not apply to: (a) either party's indemnification obligations; (b) breach of confidentiality or data protection obligations; (c) your payment obligations; (d) gross negligence or willful misconduct; or (e) liability that cannot be limited by applicable law.

SmartLine IQ shall not be liable for any missed calls, misrouted calls, lost business, missed appointments, or any decisions made by callers in reliance on information provided by the AI voice agent.

We strive to maintain high availability but do not guarantee uninterrupted service. We may modify, suspend, or discontinue the Service at any time with reasonable notice.

You may cancel your account at any time. We may terminate or suspend your access immediately, without prior notice, if you breach these Terms. Upon termination, your right to use the Service ceases immediately.

We may revise these Terms at any time. Material changes will be communicated via the email associated with your account or by posting a notice on the Service. Continued use after changes take effect constitutes acceptance of the revised Terms.

If you have questions about these Terms, contact us at support@smartlineiq.com.