These Terms of Service (“Terms”) govern your access to and use of the website located at https://smuviai.com/ and the services offered under the Smuvi AI brand.
Smuvi AI is a brand operated by an individual based in Poland. Smuvi AI is not currently a separate incorporated legal entity. References in these Terms to “Smuvi AI,” “we,” “us,” or “our” refer to the individual operating the Smuvi AI brand.
By accessing our website, contacting us, purchasing or using our services, submitting information through our website, or otherwise engaging with Smuvi AI, you agree to these Terms.
If you do not agree to these Terms, you should not use our website or services.
1. Agreement to Terms
These Terms constitute an agreement between you and the individual operating the Smuvi AI brand regarding your use of our website and services.
If you are using our services on behalf of a company, organization, or other legal entity, you represent that you have authority to accept these Terms on behalf of that entity.
You must be at least 18 years old or otherwise legally capable of entering into a binding agreement under applicable law to purchase or use our services.
Certain services may also be governed by a separate proposal, order form, statement of work, service agreement, or other written agreement between you and Smuvi AI.
If there is a conflict between these Terms and a separately executed written agreement, the separately executed agreement will control with respect to the subject matter of that agreement.
2. Description of Services
Smuvi AI provides digital marketing, website, communication, and automation services for businesses.
Our services may include:
-Website design, creation, development, maintenance, and hosting;
-Website chatbot installation and configuration;
-Automated lead follow-up systems;
-Missed-call text-back functionality;
-SMS and email communication workflows;
-Automated responses following lead-form or contact-form submissions;
-Appointment booking and scheduling automation;
-Customer relationship management systems;
-Workflow and marketing automation;
-Integration and configuration of third-party software;
-Lead management and communication tools; and
-Other related digital, automation, marketing, or technology services agreed between Smuvi AI and the client.
The exact scope of services provided to a client may be defined in a separate proposal, invoice, order form, statement of work, subscription, or service agreement.
We may modify, improve, replace, or discontinue particular features of our services when reasonably necessary, including as a result of changes to third-party software or technology providers.
3. Third-Party Platforms and GoHighLevel
Smuvi AI uses third-party platforms and technology providers to deliver certain services.
In particular, we use GoHighLevel / HighLevel for functionality that may include:
-Customer relationship management;
-Website and funnel functionality;
-Forms;
-Appointment scheduling;
-SMS and telephone communications;
-Email communications;
-Website chatbots;
-Marketing automation;
-Workflow automation;
-Missed-call text-back functionality;
-Contact management; and
-Consent and communication preference management.
Your use of functionality supplied through a third-party platform may also be subject to that provider's terms, policies, technical limitations, acceptable-use requirements, messaging rules, or service availability.
Smuvi AI does not control the infrastructure, policies, pricing, availability, carrier relationships, or technical operations of third-party providers.
We therefore cannot guarantee that a particular third-party feature will remain available indefinitely or operate without interruptions.
Where reasonably necessary, we may replace or modify a third-party service or integration used to provide our services.
4. User and Client Responsibilities
You are responsible for providing accurate and complete information necessary for Smuvi AI to provide the services.
You are also responsible for reviewing and approving information, content, offers, claims, advertisements, messages, campaigns, forms, websites, and workflows created or configured on your behalf before they are used publicly unless otherwise agreed.
Where our services allow you to collect, store, process, or communicate with your customers, prospective customers, leads, or other individuals, you are responsible for ensuring that your use of those services complies with applicable law.
This includes responsibility for obtaining any notice, permission, consent, or authorization required for communications sent on your behalf.
You must not instruct Smuvi AI or use our systems to send communications to individuals where doing so would violate applicable privacy, telecommunications, advertising, anti-spam, consumer-protection, or marketing laws.
Where applicable, you are responsible for maintaining appropriate evidence of consent and honoring requests to unsubscribe, withdraw consent, or stop communications.
A telephone number being publicly available does not by itself mean that the owner of that telephone number has consented to receive marketing SMS messages.
Registration of a telephone number or messaging campaign under A2P 10DLC does not by itself constitute recipient consent and does not authorize messages that would otherwise be prohibited by law.
5. SMS Messaging Terms
Smuvi AI may use SMS or other mobile messaging to communicate with customers, prospective customers, and individuals who interact with us.
SMS messages may include responses to inquiries, appointment scheduling, appointment reminders, responses to missed calls, lead-form follow-up, customer support, service notifications, transactional communications, and marketing or promotional messages where appropriate consent has been obtained or where the communication is otherwise permitted by applicable law.
Consent to Receive SMS Messages
Where consent is required, you will receive SMS marketing communications only after providing the appropriate consent.
Providing your telephone number alone does not necessarily constitute consent to receive marketing text messages.
Where marketing SMS consent is requested, such consent is voluntary and is not a condition of purchasing goods or services from Smuvi AI.
SMS consent applies only to the messaging purposes disclosed when consent is obtained.
Message Frequency
Message frequency varies depending on your interaction with Smuvi AI, the services you have requested, and the type of communication involved.
You may receive recurring messages where you have subscribed to or otherwise consented to recurring communications.
Message and Data Rates
Message and data rates may apply.
Your wireless carrier's standard messaging, data, and other charges may apply to messages sent to you or received from you.
If you have questions regarding your messaging or data plan, please contact your wireless carrier.
SMS Opt-Out — STOP
You may cancel SMS communications at any time by replying:
STOP
After you send STOP, we will process your request and stop sending applicable SMS communications to your number.
We may send a final SMS message confirming that you have been unsubscribed.
If you later wish to receive SMS communications again, you may opt in again using an available consent method.
You may also contact us directly to request that SMS communications stop.
SMS Help — HELP
For assistance with our SMS messaging program, reply:
HELP
You may also contact us at:
Email: [email protected]
Phone: +48-605-500-106
Website: https://smuviai.com/
Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages.
Message delivery is subject to transmission by mobile carriers, telecommunications networks, messaging providers, and other third parties and cannot be guaranteed by Smuvi AI.
Privacy and SMS Information
Your privacy is important to us.
SMS opt-in information, consent records, and mobile information are handled in accordance with our Privacy Policy.
No mobile information will be shared with third parties or affiliates for marketing/promotional purposes.
SMS opt-in data and consent will not be sold, rented, or provided to third parties or affiliates for their own marketing or promotional purposes.
For additional information regarding how we collect, use, and protect personal information, please review our Privacy Policy:
https://smuviai.com/privacy-policy
6. United States Messaging and A2P 10DLC
Where Smuvi AI or a client uses our services to send messages to United States telephone numbers, messaging may be subject to applicable United States federal and state laws, telecommunications rules, carrier requirements, industry standards, and A2P 10DLC requirements.
This may include applicable requirements established under or relating to the Telephone Consumer Protection Act (“TCPA”), Federal Communications Commission (“FCC”) rules, CTIA messaging practices, wireless carrier policies, The Campaign Registry (“TCR”), and messaging-platform requirements.
A2P 10DLC registration is designed to identify and register business messaging traffic. Registration does not replace or eliminate the need to obtain legally required recipient consent.
Users of our services must not use SMS functionality for unlawful spam, unsolicited messaging prohibited by applicable law, misleading communications, fraudulent communications, or messaging that violates applicable carrier or platform requirements.
Where required, recipients must be provided with clear methods to opt out of communications, and valid opt-out requests must be honored.
7. Acceptable Use
You may use Smuvi AI's website and services only for lawful purposes.
You must not use our website, infrastructure, communication systems, automations, telephone numbers, messaging capabilities, or other services to:
-Send unlawful spam or prohibited unsolicited communications;
-Send marketing SMS communications without required consent;
-Ignore, circumvent, or override valid opt-out requests;
-Use purchased, scraped, harvested, or otherwise unlawfully obtained contact lists in violation of applicable law or platform rules;
-Impersonate another person or business;
-Use misleading caller identification, sender information, or business identity information;
-Commit fraud or engage in deceptive business practices;
-Transmit unlawful, threatening, abusive, defamatory, discriminatory, obscene, or malicious content;
-Distribute malware, viruses, harmful code, phishing messages, or other harmful material;
-Violate intellectual property rights;
-Violate privacy, telecommunications, advertising, consumer-protection, anti-spam, or data-protection laws;
-Interfere with the operation or security of our systems or third-party systems;
-Attempt unauthorized access to accounts, systems, data, or networks; or
-Use the services in a manner that could reasonably cause Smuvi AI, HighLevel, a telecommunications provider, or another service provider to suspend or restrict services.
We may suspend or terminate services where we reasonably believe that use of the services violates these Terms, applicable law, third-party provider requirements, telecommunications rules, or carrier policies.
8. Client Communications and Compliance
Some Smuvi AI services are designed to send communications on behalf of clients to the client's own leads, prospects, customers, or other contacts.
Where Smuvi AI processes or transmits communications according to a client's instructions, the client is responsible for ensuring that the recipient may lawfully receive the communication.
Clients must provide accurate information when registering brands, messaging campaigns, telephone numbers, or communication programs.
Clients must not provide false or misleading information regarding their company, messaging use case, consent process, website, expected message content, or recipients.
Smuvi AI may require changes to a client's forms, consent language, campaigns, websites, privacy notices, messaging practices, or workflows where reasonably necessary to satisfy carrier, platform, A2P 10DLC, or legal requirements.
Approval of a messaging campaign by HighLevel, The Campaign Registry, a telecommunications carrier, or another provider does not constitute legal advice or a determination that every message sent through the campaign complies with applicable law.
9. Intellectual Property
The Smuvi AI name, website, branding, designs, software configurations, documentation, templates, workflows, processes, systems, text, graphics, and other materials created or owned by Smuvi AI may be protected by intellectual property laws.
Except where expressly agreed otherwise, Smuvi AI retains ownership of its pre-existing materials, know-how, reusable templates, methodologies, libraries, automation structures, software components, systems, and other intellectual property used in providing services.
Clients retain ownership of materials they provide to Smuvi AI, including their trademarks, logos, images, text, business information, and other client-owned content.
The client grants Smuvi AI a limited license to use such materials as reasonably necessary to provide the requested services.
Unless otherwise specified in a separate agreement, after full payment the client may use final custom deliverables created specifically for that client for the purposes for which they were provided.
This does not transfer ownership of Smuvi AI's pre-existing intellectual property, third-party software, licensed assets, reusable components, templates, systems, or technology incorporated into those deliverables.
Third-party materials remain subject to the intellectual property rights and license terms of their respective owners.
10. Client Content
You represent that you have the necessary rights, licenses, permissions, and authorizations to provide any content or materials you give to Smuvi AI.
You are responsible for ensuring that your content does not violate intellectual property, privacy, publicity, advertising, consumer-protection, or other rights of third parties.
Smuvi AI may refuse to publish, distribute, automate, or otherwise use content that we reasonably believe is unlawful, misleading, infringing, harmful, or inconsistent with third-party platform requirements.
11. Website Hosting and Technical Services
Where Smuvi AI provides website hosting, website infrastructure, automation hosting, or related technical services, those services may depend on third-party infrastructure.
Although we take reasonable steps to maintain the availability and operation of services, uninterrupted or error-free service cannot be guaranteed.
Temporary interruptions may occur because of maintenance, software updates, internet failures, hosting failures, telecommunications failures, third-party outages, security incidents, force majeure events, or circumstances outside our reasonable control.
Unless specifically agreed in writing, Smuvi AI does not guarantee any particular level of uptime, response time, message-delivery rate, website performance, search-engine ranking, or system availability.
12. Fees and Payment
Fees, billing schedules, subscriptions, setup fees, recurring charges, cancellation conditions, and other payment terms may be specified in a proposal, invoice, checkout page, service agreement, or other written arrangement.
You agree to pay applicable fees according to the agreed payment terms.
Third-party usage charges may apply to certain services, including SMS, MMS, telephone calls, email, artificial intelligence usage, telephone numbers, domains, hosting, or other software services.
Where such charges are passed through to the client, they may vary based on actual usage or changes made by the third-party provider.
Failure to pay amounts when due may result in suspension or termination of services.
13. Privacy
Your use of our website and services is also subject to the Smuvi AI Privacy Policy.
Our Privacy Policy explains how personal information may be collected, used, disclosed, stored, transferred, and protected.
You can review it at:
https://smuviai.com/privacy-policy
Where Smuvi AI processes personal information solely on behalf of a client, the client may act as the controller or business responsible for determining the purposes of processing, while Smuvi AI may act as a processor or service provider.
Additional data-processing terms may apply where required.
14. Confidentiality
During the provision of services, either party may receive confidential or commercially sensitive information belonging to the other party.
Each party should use reasonable measures to protect confidential information and should use such information only for purposes reasonably related to the business relationship.
Confidentiality obligations do not apply to information that is publicly available through no breach of an obligation, was lawfully known before disclosure, is independently developed, or must be disclosed under applicable law or a valid legal order.
15. No Guarantee of Business Results
Smuvi AI may provide websites, marketing systems, communication tools, automation, lead-management systems, and related services intended to improve business processes.
However, we do not guarantee any specific commercial outcome.
We do not guarantee a particular number of leads, customers, appointments, sales, revenue, conversions, responses, search-engine rankings, advertising results, or return on investment.
Business results depend on many factors outside our control, including the client's offer, pricing, market, competition, reputation, sales process, lead quality, customer demand, follow-up practices, and third-party platforms.
16. Disclaimers
To the fullest extent permitted by applicable law, our website and services are provided on an “as is” and “as available” basis.
We do not warrant that every service will be uninterrupted, error-free, completely secure, or compatible with every third-party platform.
We are not responsible for failures, restrictions, suspensions, filtering, delivery failures, policy changes, price changes, account restrictions, or technical problems caused by telecommunications providers, wireless carriers, hosting providers, internet providers, GoHighLevel / HighLevel, domain providers, email providers, payment providers, or other third-party services outside our reasonable control.
Nothing provided by Smuvi AI should be treated as legal, tax, accounting, financial, or other regulated professional advice unless expressly provided by a properly qualified professional acting in that capacity.
17. Limitation of Liability
To the fullest extent permitted by applicable law, Smuvi AI will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, anticipated savings, or data, arising out of or relating to the use of our services.
To the fullest extent permitted by applicable law, Smuvi AI's aggregate liability arising from a particular service or claim will not exceed the amount paid by the client to Smuvi AI for the affected service during the six months immediately preceding the event giving rise to the claim.
The limitations above do not apply to liability that cannot lawfully be excluded or limited under applicable law.
Nothing in these Terms excludes or limits liability where doing so would be prohibited under mandatory Polish, European Union, United States, or other applicable law.
18. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold Smuvi AI harmless from third-party claims, losses, liabilities, damages, penalties, or reasonable costs arising from your unlawful use of the services, your content, your violation of these Terms, your infringement of third-party rights, or communications you direct Smuvi AI or our systems to send without legally required permission or consent.
This section does not require you to indemnify Smuvi AI for liability caused solely by Smuvi AI's own unlawful conduct where such indemnification would not be permitted by applicable law.
19. Suspension and Termination
You may stop using our services subject to any applicable contract, subscription, notice period, outstanding payment obligation, or cancellation terms.
Smuvi AI may suspend or terminate access to services if:
-Payment remains overdue;
-You materially violate these Terms;
-Your activity creates a security, legal, telecommunications, carrier, or platform-compliance risk;
-A third-party provider requires suspension;
-Continuing to provide the service would violate applicable law; or
-Your use of the services could reasonably expose Smuvi AI or another party to liability or material harm.
Where reasonably practicable, we will attempt to provide notice before suspension or termination unless immediate action is required for security, legal, fraud-prevention, carrier, or platform-compliance reasons.
Sections that by their nature should survive termination will continue to apply after termination.
20. Changes to Services and Terms
We may update these Terms periodically to reflect changes to our services, technology, business practices, third-party platform requirements, telecommunications requirements, or applicable law.
Updated Terms will be posted on our website with a revised effective date.
Where required by applicable law or where changes materially affect an existing contractual relationship, additional notice may be provided.
Continued use of the website or services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
21. Governing Law
These Terms are governed by the laws of Poland, without regard to conflict-of-law principles, except where mandatory law requires otherwise.
For disputes arising from business-to-business services, the parties agree that courts with jurisdiction over Gdynia, Poland will have jurisdiction, unless a separate written agreement provides otherwise or applicable law requires another forum.
Nothing in these Terms deprives consumers of mandatory rights or jurisdictional protections available to them under applicable Polish, European Union, or other applicable consumer law.
Where services or communications are provided to persons in other countries, including the United States, mandatory laws applicable to those activities may continue to apply notwithstanding this governing-law provision.
22. Severability
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary while the remaining provisions will remain in effect.
23. No Waiver
Failure by Smuvi AI to enforce a provision of these Terms does not constitute a waiver of that provision or of our right to enforce it later.
24. Entire Agreement
These Terms, together with the Privacy Policy and any applicable proposal, service agreement, statement of work, order form, or other written agreement, constitute the agreement applicable to the relevant services.
A separately executed agreement may supplement or modify these Terms.
25. Contact Information
For questions regarding these Terms, our services, or SMS communications, contact:
Smuvi AI
Website: https://smuviai.com/
Email: [email protected]
Phone: +48-605-500-106
Location: Gdynia, Poland