Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and SmartAutomated ("Company", "we", "our", or "us") governing your use of our website, services, and any related automation solutions we provide.

By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our services.

2. Definitions

• "Services" refers to all automation solutions, consulting, development, and related services provided by SmartAutomated
• "Deliverables" means any work product, automations, integrations, or materials created for the Client
• "Project" refers to the specific scope of work agreed upon between Client and Company
• "Intellectual Property" includes patents, copyrights, trademarks, trade secrets, and other proprietary rights

3. Our Services

SmartAutomated provides AI-powered automation solutions including but not limited to:

• Workflow automation and process optimization
• Email and CRM automations
• AI voice agents and calling systems
• Custom AI assistants and chatbots
• GEO optimization for AI search engines
• Custom automation solutions

The specific scope, timeline, and deliverables for each project will be outlined in a separate project proposal or statement of work ("SOW") which, once accepted, becomes part of these Terms.

4. Client Obligations

As a Client, you agree to:

• Provide accurate and complete information necessary for the project
• Grant timely access to required systems, accounts, and data
• Respond to requests for feedback or approval within agreed timeframes
• Ensure you have the legal right to use any materials you provide
• Not use our services for any unlawful or prohibited purposes
• Maintain the confidentiality of any login credentials we provide

5. Fees and Payment

5.1 Pricing

All fees will be clearly stated in the project proposal or SOW. Unless otherwise specified, prices are quoted in Euros (EUR) and exclude applicable VAT.

5.2 Payment Terms

• A deposit of 50% is required before project commencement
• Remaining balance is due upon project completion or as per agreed milestones
• Invoices are payable within 14 days of receipt
• Late payments may incur interest at 8% above the European Central Bank base rate

5.3 VAT

For EU-based clients, VAT will be charged at the applicable rate. Business clients in other EU member states may provide a valid VAT number for reverse charge mechanism application.

6. Intellectual Property Rights

6.1 Client Ownership

Upon full payment, Client receives full ownership of all custom Deliverables created specifically for the project, including automations, workflows, and custom code.

6.2 Company Retention

SmartAutomated retains ownership of:

• Pre-existing tools, templates, and methodologies
• General knowledge and skills developed during the project
• Any reusable components or frameworks not specifically created for the Client

6.3 Third-Party Materials

Any third-party software, APIs, or services used in the project remain subject to their respective license terms. Client is responsible for maintaining required subscriptions.

7. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement. This obligation continues for 3 years after project completion.

Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party.

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• Deliverables will materially conform to agreed specifications
• We have the right to provide the Services

8.2 Disclaimers

To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose. We do not guarantee:

• Specific business results, revenue increases, or cost savings
• Uninterrupted or error-free operation of automations
• Compatibility with future third-party service updates

9. Limitation of Liability

To the fullest extent permitted by applicable law:

• Our total liability shall not exceed the fees paid for the specific project giving rise to the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• We are not liable for loss of profits, data, business, or goodwill
• We are not liable for any damages resulting from third-party service failures

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

10. Term and Termination

10.1 Duration

These Terms apply from when you first use our website or engage our services and continue until all project obligations are fulfilled.

10.2 Termination by Client

Client may terminate an ongoing project with 14 days written notice. Client remains responsible for payment of all work completed up to termination date plus any non-cancellable third-party costs.

10.3 Termination by Company

We may terminate or suspend services immediately if Client breaches these Terms, fails to make payment, or uses services for unlawful purposes.

11. Indemnification

Client agrees to indemnify and hold harmless SmartAutomated from any claims, damages, or expenses arising from:

• Client's breach of these Terms
• Client's violation of any applicable law
• Client-provided materials that infringe third-party rights
• Client's use of Deliverables in an unauthorized manner

12. Force Majeure

Neither party shall be liable for any failure or delay in performing obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, riots, government actions, pandemics, or infrastructure failures.

13. Dispute Resolution

13.1 Informal Resolution

Both parties agree to attempt to resolve any disputes through good-faith negotiation before pursuing formal legal action.

13.2 Mediation

If informal resolution fails, parties agree to submit the dispute to mediation before initiating litigation.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Belgium, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of Belgium.

For consumers residing in the EU, this choice of law does not deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the law of your country of residence, including the Belgian Code of Economic Law (Wetboek van economisch recht).

15. EU Consumer Rights

If you are a consumer in the European Union, you have certain statutory rights that cannot be waived:

• Right of withdrawal: For distance contracts, you may have a 14-day cooling-off period. However, this right expires once services have been fully performed with your prior consent.
• Statutory guarantees: Services must be performed with reasonable skill and care as required by law.
• ADR: You may use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. For material changes affecting existing clients, we will provide 30 days notice via email. Continued use of our services after changes constitutes acceptance.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with any project proposals, SOWs, and our Privacy Policy, constitute the entire agreement between you and SmartAutomated and supersede all prior negotiations, representations, or agreements relating to the subject matter.

19. Contact Information

For questions about these Terms of Service, please contact us: