Terms of Service

These Terms of Service ("Terms") govern your use of SmartMessage AI ("the Service", "we", "us"), a WhatsApp business messaging and CRM platform for businesses operating in Sri Lanka. By creating an account you agree to these Terms on behalf of yourself and the business you represent ("you", "your business").

1. What the Service does

SmartMessage AI connects to your business's WhatsApp number (via the Meta WhatsApp Cloud API) and gives you a dashboard to view conversations, manage orders and products, and configure an AI assistant that can automatically reply to your customers on WhatsApp. You're responsible for what the AI is allowed to say on your behalf — the product catalog, business hours, policies, and any other information you provide it.

2. Your account and eligibility

You must provide accurate information when signing up and keep your login credentials secure. You're responsible for all activity under your account, including actions taken by staff members you invite. You must have the authority to connect the WhatsApp Business number you link to the Service, and you must comply with Meta's own WhatsApp Business Messaging Policy and Commerce Policy at all times — we can't override or protect you from enforcement action Meta takes against your number.

3. Subscription, billing, and suspension

The Service is offered on a paid subscription basis, with an initial free trial as described at signup and on our pricing page. Fees are billed as shown at the time of purchase and are non-refundable except where required by law. If payment isn't received, or if we reasonably believe your account is being used in violation of these Terms, we may suspend your account. A suspended account stops the AI from replying to your customers, but your data is retained (not deleted) so that service can resume normally once the account is reactivated. We'll make reasonable efforts to notify you before or when suspension happens.

4. Acceptable use

You agree not to use the Service to:

• Send unsolicited bulk messages (spam) or messages that violate WhatsApp's own policies;
• Send content that is illegal, fraudulent, harassing, or infringes someone else's rights;
• Attempt to access another tenant's data, disrupt the Service, or circumvent its security or rate limits; or
• Resell or provide the Service to third parties without our written agreement.

We may suspend or terminate accounts that violate this section, with or without notice depending on severity.

5. AI-generated replies

The AI assistant is powered by third-party large language model technology (currently Anthropic's Claude models) and generates replies automatically based on the information and settings you provide. AI-generated text can occasionally be inaccurate, incomplete, or not reflect your intended tone. You're responsible for reviewing your AI settings and product/knowledge content, and for monitoring conversations where accuracy matters (pricing, order confirmations, policies). We don't guarantee that AI replies will always be correct or appropriate.

6. Data and third-party processors

Operating the Service means customer messages, business data, and uploaded files are processed by us and by the sub-processors we rely on to run it — including Meta (WhatsApp Cloud API), Supabase (database, authentication, file storage), and Anthropic (AI reply generation). Full details are in our Privacy Policy, which forms part of these Terms.

7. Intellectual property

We own the Service's software, design, and branding. You retain ownership of your business data, product content, and customer conversations. You grant us a limited license to process that data solely to provide the Service to you.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI REPLIES WILL BE ACCURATE. WE ARE NOT RESPONSIBLE FOR OUTAGES OR CHANGES CAUSED BY THIRD-PARTY PROVIDERS WE DEPEND ON (INCLUDING META, SUPABASE, AND ANTHROPIC) THAT ARE OUTSIDE OUR REASONABLE CONTROL.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

10. Termination

You may cancel your subscription at any time; access continues until the end of the paid period. We may suspend or terminate your account for breach of these Terms, non-payment, or if required by law or by our upstream providers (for example, if Meta revokes access to your WhatsApp number). On termination, we'll retain your data for a reasonable period as described in the Privacy Policy before deletion, unless you request earlier deletion.

11. Changes to these Terms

We may update these Terms from time to time. We'll update the effective date above and, for material changes, make reasonable efforts to notify account owners. Continued use of the Service after a change takes effect means you accept the updated Terms.

12. Governing law

These Terms are governed by the laws of Sri Lanka, without regard to conflict-of-law principles. [Placeholder — confirm the correct governing law and dispute- resolution clause with a lawyer.]

13. Contact

Questions about these Terms can be sent to support@smartmessageai.com.