Terms of Use — SmartRecover

IMPORTANT. This Terms of Use Agreement (the “Agreement”), together with any on-line or written order form for the purchase of the Services, collectively are binding and enforceable between you (“Customer”) and SmartRecover (“SmartRecover” or “Supplier”).

1. Definitions

“Services”: The text messaging services offered by SmartRecover, including the Human Agent Messaging Service and Automatic Messaging Service.
“Customer Data”: The data created or inputted by Customer or its End Users for the purpose of using the Services.
“End User”: An individual who interacts with Customer through the Services.

2. General Rules for SmartRecover Services

2.1 Acceptable Use Policy

Customer may not use the SmartRecover Services in violation of:

The CTIA Messaging Principles and Best Practices Guidelines; or
Any other applicable laws, rules, and regulations, including the Telephone Consumer Protection Act (TCPA) and consumer protection laws.

2.2 TCPA Compliance

Customer is solely responsible for ensuring that its use of the Services complies with the TCPA, 47 U.S.C. § 227 et seq., and all implementing rules and regulations of the Federal Communications Commission and Federal Trade Commission.

2.3 Age Restriction

To use the Services, Customer must be eighteen (18) years of age or older.

3. Proprietary Rights

3.1 License

SmartRecover grants to Customer a non-exclusive, non-transferable, revocable license during the Subscription Term, without the right to sublicense, to use the SmartRecover Platform solely for the purposes of accessing and using the Services.

3.2 Ownership

Customer acknowledges that all right, title, and interest in the SmartRecover Platform and its Services, and all patents, copyrights, trade secrets, trademarks, and other proprietary rights, are and shall remain with SmartRecover or its third-party licensors.

4. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SMARTRECOVER WILL NOT HAVE ANY LIABILITY TOWARDS CUSTOMER FOR ANY DAMAGES ARISING FROM CUSTOMER’S USE OF THE SMARTRECOVER PLATFORM AND/OR SERVICES.

5. General

5.1 Notices

Any notice required under this Agreement by either party will be in English, in writing.

5.2 Support

For Customer support, please email jade@getsmartrecover.com.

5.3 Entire Agreement

This Agreement, the SmartRecover Privacy Policy, and any applicable Service Orders set forth the complete understanding of the parties.

5.4 Modification

SmartRecover may modify this Agreement at any time by posting a revised version on the SmartRecover website.