Terms of Service

1. Service Description

SmartSphere Technologies (“SmartSphere”, “we”, “our”, or “us”) provides a conversational AI platform that enables customers to deploy voice and chat agents across telephony, web, and messaging channels. These Terms of Service (“Terms”) govern your access to and use of the SmartSphere services, websites, dashboards, APIs, and related software (collectively, the “Services”).

2. Eligibility

You may use the Services only if you are at least 18 years old, have the legal capacity to enter into a binding contract, and are accessing the Services on behalf of a business or organization for business purposes. The Services are not intended for personal or consumer use.

3. Account

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to promptly notify us of any unauthorized access or suspected security incident.

4. Subscription Plans & Fees

SmartSphere offers tiered subscription plans designed for different scales of usage. Current published plans include:

• Starter — $300 per month.
• Pro — $750 per month.
• Growth — $1,800 per month.
• Enterprise — custom pricing.

A one-time setup fee of $495 applies to new accounts. We offer a 30-day money-back guarantee on the initial subscription term, subject to the terms communicated at signup. Plan inclusions, usage limits, and overage charges are described on our pricing page or in your order form.

5. Payment Terms

Subscription fees are billed in advance and are non-refundable except as expressly stated in these Terms or required by applicable law. You authorize us (or our payment processor) to charge your designated payment method for all fees due. Late payments may incur interest at the lesser of 1.5% per month or the maximum rate permitted by law. Fees are exclusive of taxes, which you are responsible for paying.

6. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable law or regulation.
• Infringe the intellectual property, privacy, or other rights of any third party.
• Send spam, conduct unsolicited outbound campaigns prohibited by law, or impersonate another person or entity.
• Upload or transmit malware, harmful code, or content that is unlawful, defamatory, or harassing.
• Probe, scan, reverse-engineer, or attempt to disrupt the Services or any associated infrastructure.
• Use the Services to deceive end-users about the fact they are interacting with an automated agent in any jurisdiction that requires such disclosure.

7. Intellectual Property

We own and retain all right, title, and interest in and to the Services, including all underlying software, models, content, and trademarks. You retain all right, title, and interest in and to the Customer Data you submit to the Services. Subject to your payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable license to use the Services during the subscription term.

8. Customer Data

“Customer Data” means data, content, and materials you or your end-users submit to the Services. You grant us a limited license to process Customer Data solely to provide, secure, and improve the Services in accordance with our Privacy Policy and any applicable Data Processing Agreement. You are responsible for ensuring you have all rights and consents necessary to submit Customer Data.

9. Limited Warranties

We will provide the Services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT AI-GENERATED OUTPUTS WILL ALWAYS BE ACCURATE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SMARTSPHERE FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless SmartSphere and its affiliates, officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Customer Data, (b) your use of the Services in breach of these Terms, or (c) your violation of applicable law or third-party rights.

12. Termination

Either party may terminate these Terms for material breach if the breach is not cured within 30 days of written notice. We may suspend or terminate your access immediately for serious breaches of the Acceptable Use Policy or non-payment. Upon termination, your right to use the Services ceases and we will make Customer Data available for export for a reasonable period before deletion.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates and, where applicable, the laws of the Emirate of Dubai, without regard to conflict-of-laws principles.

14. Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC-LCIA Arbitration Centre (or its successor institution). The seat of arbitration shall be the Dubai International Financial Centre (DIFC), and the language of the arbitration shall be English.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above and, for material changes, provide notice through the Services or by email. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.

16. Contact

For legal notices and questions regarding these Terms, contact us at legal@smartspheretechnologies.com.