Terms of Service

Agreement to These Terms

By accessing or using the Smartcreatix website, requesting our services, purchasing a service, or entering into an agreement with Smartcreatix, you agree to be bound by these Terms of Service.

If you do not agree with these Terms, you should not use our website or purchase our services.

These Terms apply together with any proposal, statement of work, service agreement, order, invoice, or other written agreement between you and Smartcreatix. If there is a conflict between these Terms and a specific written agreement, the specific written agreement will control to the extent of that conflict.

About Smartcreatix

Smartcreatix is a technology and AI automation agency providing business growth and automation solutions.

Our services may include website development, AI automation, CRM systems, SEO, social media management, AI assistants, workflow automation, integrations, analytics, and related technology services.

The exact services included in your project will depend on the package, proposal, statement of work, or other agreement applicable to your engagement.

Our Services

Smartcreatix provides customized technology and automation solutions based on each client's requirements.

Services may include:

• Custom website design and development
• AI chat assistants and customer communication systems
• AI voice and conversational automation
• Business workflow automation
• CRM setup and pipeline development
• Email and SMS automation
• SEO strategy and implementation
• Social media management and content services
• Third-party software integrations
• Analytics, reporting, and optimization
• Ongoing maintenance and support

Not every service or feature is included in every package. Your specific scope will be determined by your proposal, agreement, or applicable service plan.

Free Consultations and Growth Plans

Smartcreatix may offer free consultations, growth plans, strategy sessions, audits, or demonstrations.

Free consultations are provided for informational and planning purposes and do not create an obligation for either party to enter into a paid agreement.

Any recommendations provided during a free consultation are based on the information available at the time and are not a guarantee of specific business results.

Project Scope and Approval

Before work begins, Smartcreatix may provide a written proposal, blueprint, scope of work, timeline, or project plan describing the services to be delivered.

Work will generally begin after the applicable scope, pricing, and project terms have been approved by the client.

Requests that fall outside the agreed scope may require additional fees, revised timelines, or a separate agreement.

Client Responsibilities

To deliver services effectively, you agree to provide Smartcreatix with the information, access, materials, approvals, and cooperation reasonably required to complete your project.

You are responsible for:

• Providing accurate and complete information needed for the project
• Providing timely access to relevant websites, domains, hosting accounts, CRM systems, software, and other platforms
• Providing brand assets, content, images, documents, and other materials you want us to use
• Reviewing and approving deliverables within a reasonable timeframe
• Ensuring that you have the legal right to provide any content, data, or materials supplied to Smartcreatix
• Maintaining valid accounts and subscriptions for third-party services that you choose to use

Delays caused by missing information, access, approvals, or client decisions may affect the project timeline.

Pricing and Payment

Pricing is determined by the applicable proposal, package, invoice, or service agreement.

Unless otherwise agreed in writing, project-based services may require an initial payment before work begins and a remaining balance upon completion or launch.

Recurring services are generally billed monthly in advance according to the applicable service agreement.

Third-party costs, including domains, advertising spend, premium software licenses, hosting, API usage, communication services, or other external platform charges, may be billed separately or paid directly by the client.

You are responsible for paying all applicable taxes, fees, and third-party charges associated with your use of the services, unless otherwise agreed in writing.

Subscriptions and Cancellation

Where a recurring service includes a minimum commitment, that commitment will be stated in the applicable proposal or service agreement.

After any applicable minimum commitment has been completed, either party may terminate a recurring service by providing the notice period specified in the applicable agreement.

Unless a different arrangement is agreed in writing, recurring services may require thirty (30) days' notice after the minimum commitment period.

Outstanding invoices, approved project fees, third-party costs, or other amounts incurred before termination remain payable.

Intellectual Property and Ownership

Unless otherwise stated in a written agreement, the client will own the final website content, client-specific data, and custom automation assets created specifically for the client after all applicable fees have been paid.

Smartcreatix may retain ownership of its pre-existing intellectual property, internal frameworks, reusable components, methodologies, templates, know-how, code libraries, processes, and tools that were not created exclusively for the client.

Third-party software, platforms, plugins, APIs, fonts, images, licenses, and other third-party materials remain subject to their respective owners' terms and licenses.

Client Content and Data

You retain ownership of the business information, content, customer data, documents, images, trademarks, and other materials that you provide to Smartcreatix.

You grant Smartcreatix permission to use those materials only to the extent reasonably necessary to provide the services, operate your systems, communicate with you, and fulfill our contractual obligations.

You represent that you have the necessary rights, permissions, and lawful basis to provide such materials and data to us for processing.

AI and Automation Disclaimer

Smartcreatix uses artificial intelligence and automated systems as part of certain services.

AI-generated outputs may contain errors, omissions, inaccuracies, or unexpected results. AI systems should not be assumed to be perfectly accurate or reliable in every situation.

Where appropriate, Smartcreatix may implement human review, validation, monitoring, or safety controls. However, clients remain responsible for reviewing outputs and determining whether automated actions are appropriate for their business.

Smartcreatix does not guarantee that AI systems will produce error-free results or operate without interruption.

Third-Party Platforms and Integrations

Our services may depend on third-party platforms, APIs, hosting providers, CRM systems, AI providers, communication platforms, payment processors, analytics services, or other external technologies.

Smartcreatix is not responsible for outages, changes, limitations, pricing changes, security incidents, API changes, discontinued features, account restrictions, or other issues caused by third-party providers.

Your use of third-party services is also subject to the applicable third party's terms and privacy policies.

Website and SEO Disclaimer

Smartcreatix may provide SEO, website optimization, content, analytics, and digital marketing services.

Search engine rankings, website traffic, leads, conversions, revenue, and other marketing outcomes depend on many factors outside our control.

Unless expressly stated in a written agreement, Smartcreatix does not guarantee specific search rankings, traffic levels, leads, sales, revenue, or return on investment.

Service Availability

We make reasonable efforts to keep our services and systems operational, but we do not guarantee uninterrupted, error-free, or continuously available service.

Services may occasionally be unavailable because of maintenance, upgrades, security issues, third-party outages, internet problems, or circumstances outside our reasonable control.

Confidentiality

Each party agrees to use reasonable care to protect confidential information received from the other party and not disclose such information except where necessary to perform the agreement, comply with law, or protect legitimate business interests.

Confidential information does not include information that is publicly available, independently developed, lawfully received from another source, or required to be disclosed by law.

Limitation of Liability

To the maximum extent permitted by applicable law, Smartcreatix will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, or loss of data arising from or related to the services.

To the maximum extent permitted by applicable law, Smartcreatix's total liability arising from a service or agreement will not exceed the total amount actually paid by the client to Smartcreatix for the specific services giving rise to the claim during the applicable period.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold Smartcreatix and its representatives harmless from claims, losses, liabilities, damages, costs, and expenses arising from:

• Your breach of these Terms or another applicable agreement
• Your unlawful use of the services
• Your violation of a third party's rights
• Content or data supplied by you
• Your failure to obtain required permissions or consents

Prohibited Uses

You may not use Smartcreatix services to engage in unlawful, fraudulent, abusive, deceptive, or malicious activities.

You may not use our systems or services to violate applicable laws, infringe intellectual property rights, distribute malicious software, conduct unauthorized surveillance, abuse communication systems, or interfere with the operation or security of our services.

Suspension or Termination

Smartcreatix may suspend or terminate services if you materially breach these Terms, fail to make required payments, misuse our services, create security risks, or engage in unlawful activity.

Where reasonably possible, we may provide notice and an opportunity to resolve the issue before suspension or termination.

Termination does not eliminate payment obligations or other rights and responsibilities that accrued before termination.

Force Majeure

Smartcreatix will not be responsible for delays or failures caused by events outside our reasonable control, including natural disasters, internet or infrastructure failures, cyberattacks, government actions, war, labor disputes, widespread service outages, or failures of third-party providers.

Changes to These Terms

We may update these Terms of Service from time to time to reflect changes to our services, business practices, technology, or legal requirements.

The updated version will be posted on this page with a revised "Last Updated" date.

For existing clients, material changes affecting an active service agreement will generally be communicated through the applicable client communication channel or agreement.

Governing Law

These Terms will be governed by and interpreted in accordance with the laws applicable to the agreement between Smartcreatix and the client, without regard to conflict-of-law principles, unless otherwise required by applicable law or stated in a separate written agreement.

Any dispute should first be addressed directly between the parties in good faith before either party pursues formal legal remedies.