Terms of Service

1. Acceptance of Terms

By accessing or using Smarfle CRM ("the Service"), operated at www.smarfle.com, you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

Smarfle CRM is a customer relationship management platform for local service businesses. The Service includes client management, work order scheduling, invoicing, SMS/email notifications, AI-powered communication tools, voice AI receptionist, Google Business Profile tracking, and related features.

3. Accounts

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the security of your account credentials
• You are responsible for all activity that occurs under your account
• You must be at least 18 years old to use the Service
• One person or business may not maintain more than one free trial account
• You must not share account credentials with unauthorized individuals

4. Subscription & Billing

• The Service offers tiered subscription plans (Starter, Professional, Business) billed monthly
• All plans include a 7-day free trial
• Usage-based charges (SMS, email, AI credits, voice AI, GMB scans, etc.) are billed at pay-as-you-go rates via a prepaid wallet
• Payments are processed securely through Stripe
• You may cancel your subscription at any time; access continues until the end of the billing period
• Outstanding usage charges and wallet balances are non-refundable upon cancellation unless required by applicable law
• A 0.5% platform fee applies to payments collected through Stripe Connect
• We reserve the right to change pricing with 30 days' notice via email

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Send spam, unsolicited messages, or marketing SMS through the platform
• Attempt to gain unauthorized access to other accounts or systems
• Upload malicious code, viruses, or harmful content
• Interfere with or disrupt the Service or its infrastructure
• Resell or redistribute the Service without authorization
• Use the Service to store or transmit content that infringes any intellectual property rights
• Exceed reasonable usage limits or engage in activity designed to abuse platform resources

6. Your Data & Data Processing

You retain ownership of all data you enter into the Service. We do not claim ownership of your business data, client records, or content. You may export your data at any time using the built-in CSV export features.

When you use the Service to store and process your clients' personal information, you act as the data controller and we act as the data processor. You are responsible for ensuring you have a lawful basis for collecting and processing your clients' data, including obtaining any necessary consents.

See our Privacy Policy for details on how we handle data.

7. SMS Terms

• SMS messages sent through the Service are transactional only (appointment reminders, service updates, invoice notifications)
• Recipients can opt out at any time by replying STOP
• Message and data rates may apply to recipients
• You are responsible for obtaining proper consent before sending SMS to your clients, in compliance with the Telephone Consumer Protection Act (TCPA) and applicable state laws
• Message frequency varies based on service activity
• You must not use the SMS feature for marketing, promotional, or bulk messaging purposes

8. AI Features

The Service includes AI-powered features (draft emails, SMS, work order summaries, voice receptionist). AI-generated content is provided as suggestions only and may contain errors or inaccuracies. You are solely responsible for reviewing, editing, and approving all AI-generated content before it is sent to your clients or used in your business operations.

We are not responsible for the accuracy, appropriateness, or consequences of AI-generated content. The AI voice receptionist operates on a best-effort basis and may not correctly capture all caller information. You should not rely on AI features as a substitute for professional judgment.

9. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control. We are not liable for any damages or losses resulting from service downtime or interruptions.

10. Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service, including but not limited to loss of data, revenue, profits, or business opportunities. Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smarfle CRM, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) content you enter, transmit, or make available through the Service; (c) your violation of these Terms; (d) SMS messages or communications you send to your clients through the Service; or (e) your violation of any applicable law or regulation.

12. Termination

We may suspend or terminate your account if you violate these terms or engage in activity that threatens the security or integrity of the Service. You may close your account at any time by canceling your subscription and contacting us. Upon termination, your data will be retained for 30 days and then permanently deleted unless required by law or for legitimate business purposes (such as fraud prevention or legal compliance).

13. Affiliate & Referral Program

Smarfle CRM offers an affiliate and referral program ("the Program") that allows participants ("Affiliates") to earn commissions by referring new businesses to the Service.

• Commission: Affiliates earn a percentage (default 20%) of the referred business's subscription payments for up to 12 months from the referral date. Commission rates may be adjusted at our discretion.
• Scope: Commissions apply to subscription payments only. Usage-based fees (SMS, email, AI, voice, GMB, API) are excluded from commission calculations.
• Hold period: Commissions are held for 30 days after the payment date before becoming available for payout. This allows for refund and chargeback processing.
• Payouts: Available commissions are paid monthly via Stripe Connect. Affiliates must complete Stripe onboarding to receive payouts. Minimum payout is $1.00.
• Attribution: Referrals are tracked via unique referral links and codes. A 90-day cookie is used for attribution. Each business can only be attributed to one affiliate.
• Prohibited practices: Self-referrals, fake registrations, misleading advertising, bidding on "Smarfle" branded keywords, cookie stuffing, or any fraudulent activity will result in immediate termination and forfeiture of unpaid commissions.
• Disclosure: Affiliates must comply with FTC guidelines and clearly disclose their affiliate relationship when promoting Smarfle CRM.
• Termination: We may suspend or terminate any affiliate account at our sole discretion. Upon termination, pending commissions in "held" status are forfeited. Commissions already in "available" status will be paid out.
• Modification: We reserve the right to modify commission rates, hold periods, attribution windows, and other Program terms with 30 days' notice via email.

14. Dispute Resolution

In the event of any dispute arising from or relating to these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us at founder@smarfle.com. We will attempt to resolve the dispute within 30 days.

If the dispute cannot be resolved informally, both parties agree to resolve the dispute through binding arbitration administered under the rules of the American Arbitration Association (AAA), conducted in Orange County, Florida. You agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Orange County, Florida.

16. Changes to Terms

We may update these terms from time to time. We will notify you of material changes via email or in-app notification at least 30 days before the changes take effect. Continued use of the Service after changes constitutes acceptance of the updated terms.

17. Contact

For questions about these Terms of Service, contact us at founder@smarfle.com.