Agreement to Terms

By accessing or using SmartSite ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms do not use the Service. These Terms apply to all users including business owners ("Tenants"), their staff, and any visitors or customers interacting with SmartSite-powered pages.

Description of Service

SmartSite is a done-for-you digital presence and lead capture platform for service-based businesses. The Service includes a custom-built smart page, an AI-powered chatbot assistant, a lead capture and management dashboard, automated notifications, booking management, and related features as described at the time of purchase.

Setup Fee and Subscription

Use of SmartSite requires payment of a one-time setup fee of $1,999 and a monthly subscription fee of $249 beginning 90 days after your SmartSite goes live. All fees are charged in US dollars. The setup fee is non-refundable once your SmartSite has been delivered and approved. The monthly subscription may be cancelled at any time. Cancellation takes effect at the end of the current billing period.

Concierge

Tenants on the Growth plan ($249/month) receive one SmartSite Support Concierge update per calendar month included in their subscription fee. The monthly concierge update covers one round of content changes to your SmartSite including updates to service descriptions, pricing, hours, contact information, photos, or other existing content elements.

The following apply to the monthly concierge update. One concierge update is included per calendar month per account. Unused updates do not roll over to the following month. Each update request is treated as one consolidated round of changes. Requests should be submitted together rather than as multiple separate requests.

Changes that require new pages, new features, structural redesigns, or work outside the existing scope of your SmartSite are not included in the monthly concierge update and will be quoted as a separate project. The concierge update is a managed service performed by the SmartSite team and is not a self-service editing feature. SmartSite reserves the right to assess whether a requested update falls within the scope of the monthly concierge service. Requests that exceed this scope will be communicated to the Tenant with a separate project quote before any work begins.

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Delivery

SmartSite will be delivered within 24-72hrs hours of setup fee payment and completion of your intake information. In the event that delivery is delayed beyond 72 hours through no fault of the customer SmartSite will notify you immediately and work to resolve the delay as quickly as possible.

One Round of Revisions

Your setup fee includes one round of revisions to your SmartSite following delivery of the initial preview. Revision requests must be submitted within 24 hours of preview delivery. Additional revisions beyond the included round are available at an additional cost. Requests that fall outside the agreed scope of work will be treated as a separate project and quoted accordingly.

Email Communications

By creating an account, submitting a contact form, requesting information, or interacting with a SmartSite-powered website, you agree to receive email communications related to your account activity, bookings, leads, service requests, reminders, confirmations, support, and operational updates.

Business owners ("Tenants") using the SmartSite platform may also receive platform-related notifications, onboarding emails, account notices, billing updates, booking alerts, and lead summaries. Customers submitting forms or booking requests through a SmartSite-powered website may receive transactional emails related to their request or appointment.

SmartSite does not send unsolicited marketing emails on behalf of Tenants. You may opt out of non-essential communications at any time using the unsubscribe link included in applicable emails, by contacting the business directly, or by emailing support@yoursmartsite.com.

SMS Communications

SmartSite uses SMS messaging strictly to notify business owners of activity on their SmartSite account. We do not send SMS messages to end customers or visitors who submit booking or lead requests through SmartSite-powered pages.

‍Business Owner Notifications

‍Business owners ("Tenants") who sign up for SmartSite provide their phone number during account setup and consent at that time to receive operational SMS notifications from SmartSite. These notifications include new lead alerts, new booking alerts, account notices, and service-related updates. These messages are sent by SmartSite directly to the business owner only. They are transactional in nature and relate exclusively to activity on the Tenant's SmartSite account. Message frequency varies based on account activity. Message and data rates may apply depending on your mobile carrier and plan. Business owners may opt out of SMS notifications at any time by replying STOP to any SmartSite message. Reply HELP for assistance.

‍What SmartSite Does Not Do

‍SmartSite does not send SMS messages to customers or visitors who submit forms, booking requests, or lead inquiries through a SmartSite-powered page. Any communication between a business owner and their customers is the sole responsibility of the business owner and is not facilitated by SmartSite via SMS.

‍Consent Records

‍SmartSite retains records of Tenant consent to receive SMS notifications including timestamps, phone numbers, and account registration details for compliance and security purposes.

Customer Responsibilities

You are responsible for providing accurate business information during intake. You are responsible for ensuring that content you provide does not infringe on any third party intellectual property rights. You are responsible for maintaining the confidentiality of your dashboard login credentials. You agree not to use SmartSite for any unlawful purpose or in any way that violates these Terms. You are responsible for ensuring your use of SmartSite complies with all applicable laws in your jurisdiction including laws governing customer communications and data collection.

AI Chatbot and Lead Capture

The SmartSite AI assistant is trained on information you provide about your business. While we work to ensure accurate and helpful responses we do not guarantee that the AI assistant will answer every question correctly or capture every visitor interaction. You acknowledge that AI systems may occasionally produce imperfect responses and agree that SmartSite is not liable for any business loss arising from AI assistant responses. The quality of AI responses improves as more business-specific information is provided during setup and through ongoing updates to your knowledge base.

Data Ownership

All leads and customer data captured through your SmartSite belong to you. SmartSite does not sell, share, or use your customer data for any purpose other than delivering the Service to you. We may use aggregated and anonymized data across the platform for product improvement purposes. You retain full ownership of your business content including your logo, business name, service descriptions, and customer information at all times.

Intellectual Property

SmartSite and all associated technology, design, and content remain the intellectual property of Thoughtful Agency Inc. Your business content including your logo, business name, and service descriptions remain your property. You grant SmartSite a limited license to use your business content solely for the purpose of building and operating your SmartSite. This license terminates upon cancellation of your subscription.

Data Retention and Security

SmartSite retains your account and business data for as long as your subscription is active and for 30 days following cancellation. Lead and customer data captured through your SmartSite is retained for the same period. After 30 days following cancellation all data associated with your account is permanently deleted. We implement industry standard security measures to protect your data including encryption for data storage and transmission, access controls to limit unauthorized access, and monitoring for suspicious activity. While we take every precaution to safeguard data no system is completely secure. You are encouraged to use strong passwords and maintain the confidentiality of your login credentials.

Account Deletion and Personal Data

Tenants may request account deletion at any time by contacting support@yoursmartsite.com. Upon deletion all personal and account related data including business information, lead records, and associated content will be permanently deleted from our active systems within 30 days. This process is irreversible. You are advised to export any necessary data before requesting deletion as recovery will not be possible once the process is complete.

Cancellation, Suspensions & Termination

You may cancel your SmartSite subscription at any time through your dashboard or by contacting us directly. Upon cancellation, your SmartSite will remain active until the end of the current billing period and will be deactivated thereafter. Your lead data will remain accessible for 30 days following cancellation, after which it will be permanently deleted.

SmartSite reserves the right to suspend accounts for failed payments, overdue balances, suspected fraudulent activity, abuse of the platform, violations of these Terms, or any activity that may negatively impact the platform, its users, or third-party services. During a suspension, access to certain features, custom domains, publishing functionality, AI services, or the entire platform may be temporarily restricted until the issue is resolved.

SmartSite also reserves the right to terminate accounts that violate these Terms, applicable laws, or platform policies, with or without notice.

Limitation of Liability

SmartSite is provided on an as-is basis. We do not guarantee any specific number of leads, revenue outcomes, or business results from use of the Service. To the maximum extent permitted by law Thoughtful Agency Inc. shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of or inability to use the Service. Our total liability to you for any claim arising from use of SmartSite shall not exceed the total fees paid by you in the three months preceding the claim.

International Use

SmartSite operates primarily in the United States. Users outside the United States should be aware that their data may be transferred and processed in the United States. We apply appropriate safeguards to comply with applicable international data protection laws.

Children's Privacy

SmartSite is intended for use by business owners and individuals aged 18 and older. We do not knowingly collect personal data from children under 18. If we become aware that a minor has provided personal information we will take steps to delete that data immediately.

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through your dashboard. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. The effective date at the top of this document will reflect the date of the most recent update.

Governing Law

These Terms are governed by the laws of the State of Texas, United States. Any disputes arising from these Terms shall be resolved in the courts of Harris County, Texas.

Contact

For questions about these Terms or to exercise any of your rights contact us at:Thoughtful Agency Inc. support@yoursmartsite.com