Terms of service

1. About these terms

1.1 SmartChatAI is provided by MaitrixAI Pty Ltd (ABN 38 669 653 785, ACN 669 653 785), trading as SmartChatAI, of 6/93 West Burleigh Road, Burleigh Heads QLD 4220, Australia ("we", "us", "our"). "You" means the business that signs up, and the person signing up on its behalf.

1.2 These terms apply when you create an account, start a trial, buy a plan, an extra or our set-up service, or otherwise use SmartChatAI (our website, dashboard, chatbots, widget, integrations and related services). You accept them by agreeing to them when you sign up, or by using SmartChatAI.

1.3 If you sign up for a business, you confirm you're allowed to agree to these terms for it.

1.4 Our privacy policy explains how we handle personal information, and forms part of these terms. Our pricing page shows the current plans, prices and extras.

2. Your account

2.1 SmartChatAI is for businesses. You must be 18 or older to create an account, and give us accurate details.

2.2 Keep your password safe and don't share sign-ins. You can invite team members up to your plan's limit; you're responsible for what they do in your account.

2.3 Tell us straight away at hello@smartchatai.io if you think someone has used your account without permission.

2.4 Your account belongs to the business that signed up. If there's a dispute about who controls an account, we may ask for reasonable evidence before making changes.

3. Plans, prices and GST

3.1 Our plans, what each includes, and the price of each plan and extra are on our pricing page and in your dashboard when you buy.

3.2 Prices for customers in Australia are in Australian dollars and include GST. US dollar prices are for customers outside Australia, and we don't charge GST on them; you're responsible for any taxes that apply where you are. Please give us your correct location (and your ABN, if you have one) so we charge the right price and tax. We issue invoices through Stripe.

3.3 The Free plan is free forever, with the limits shown on the pricing page. It doesn't need a card, unless you add a paid extra.

3.4 We may change our prices. If a change affects a plan or extra you pay for, we'll email you at least 30 days before it applies to you, so you can change plans or cancel first. A new price applies from your next billing period after the notice ends.

3.5 Features marked "coming soon" aren't part of any plan until we launch them.

4. Free trial

4.1 Starter, Growth and Business come with a 7-day free trial. You need to add a card to start it, but we don't charge you for the plan during the trial.

4.2 Before you add your card, we show you the plan, the price and currency, and the date of the first charge. We'll email you 3 days before your trial ends.

4.3 Your trial turns into a paid subscription at the end of the 7 days, and we charge your card for the first billing period, unless you cancel before then. You can cancel at any time during the trial from your dashboard, and you won't be charged for the plan.

4.4 There's one free trial per team. If your team has had a trial or a paid plan before, a new paid plan starts straight away and is charged when you choose it.

4.5 If you add a recurring extra during the trial, it starts with your plan when the trial ends. The set-up service is charged when you buy it, even during a trial.

4.6 You can switch plans during the trial. Your trial end date stays the same.

5. Billing and renewal

5.1 Paid plans and recurring extras are billed in advance, monthly or yearly, by card through Stripe.

5.2 Your subscription renews automatically at the end of each billing period, for the same period, until you cancel. You authorise us to charge your card on each renewal date.

5.3 Paying yearly gives you 12 months for the price of 9 ("3 months free"), as shown on the pricing page.

5.4 If a payment fails, Stripe will try the payment again. Your chatbot keeps answering for 3 days. If the payment still hasn't gone through, your chatbot is paused until you pay; we don't delete your content. Paying brings your chatbot back straight away.

5.5 If you think we've charged you incorrectly, email us and we'll look into it and fix any mistake.

6. Answers and limits

6.1 Each plan includes a number of answers a month. An answer is each reply your chatbot sends on your website, Messenger, Instagram or Slack. Tests in the Playground don't count.

6.2 Your answers reset each month, on your billing day (or, on the Free plan, the day you signed up), and unused answers don't roll over. This applies to yearly plans too.

6.3 When you reach your limit, your chatbot stops answering until your answers reset, unless you add more answers or upgrade. We never charge you for extra answers unless you've bought them.

6.4 Plans also have limits on knowledge (characters), chatbots, team members and, on the Free plan, leads. We may apply reasonable rate limits to keep SmartChatAI working for everyone.

7. Changing plans

7.1 Upgrades take effect straight away. You pay the difference for the rest of your billing period.

7.2 Downgrades take effect straight away, and the value of unused time is credited to your next invoice. We don't delete your content when you downgrade, but you can't add more until you're within your new plan's limits. Moving from a paid plan to the Free plan works like cancelling (clause 8): your paid plan keeps working until the end of the period you've paid for.

7.3 If you move to a plan that includes an extra you're paying for, we'll make sure you aren't charged twice for it.

8. Cancelling

8.1 There's no lock-in contract. You can cancel a paid plan or extra at any time from your dashboard, or by emailing hello@smartchatai.io.

8.2 When you cancel, your plan or extra keeps working until the end of the period you've paid for, and you won't be charged again. After that, the paid features stop. We keep your content, so you can come back.

8.3 We don't give refunds for the rest of a billing period you've cancelled, including on yearly plans, except under clause 16.3 or clause 21.2, or where the Australian Consumer Law gives you a right to one.

8.4 To close your account and delete your data, email us. Our privacy policy explains what we delete and when.

9. We set it up for you

9.1 Our set-up service costs $449 inc. GST (US$299 outside Australia), paid when you buy it. It's included on the Business plan.

9.2 Within 1 business day of your purchase, our team emails you to ask for your website address, any files or FAQs you'd like your chatbot to learn, and a way to add the chatbot to your website: a staff or collaborator login to your website builder (never your main password), or the contact details of the person who looks after your website. We connect Facebook and Instagram with you on a short screen-share, because connecting needs your own Facebook login.

9.3 We set up your chatbot with your content, add it to your website, connect Facebook and Instagram, and check it's answering.

9.4 We aim to have it live on your website within 3 business days. The 3 business days start once we have your website address and a way to add the code. This is our aim, not a guarantee. If it's taking longer, we'll tell you why and keep going until your chatbot is live. Set-up included on the Business plan has no time aim.

9.5 Your rights under the Australian Consumer Law apply to the set-up service, as clause 18 explains.

10. Your content

10.1 "Your content" means everything you or your team add to SmartChatAI or connect it to: website pages, files, text, Q&A, Notion pages, settings, and the chats and leads your chatbot handles.

10.2 You own your content. You give us permission to host, copy, process and display it, and to send it to our service providers (including our AI provider), only as needed to provide, secure and support SmartChatAI for you. This permission ends when your content is deleted.

10.3 You confirm you have the right to use your content this way, and that it doesn't break anyone's rights or the law. When you ask SmartChatAI to read a website, make sure you're allowed to use its content.

10.4 We don't train AI models on your content or your customers' chats, and we don't sell your content.

10.5 Your content is stored with Amazon Web Services in the United States, and the search index your chatbot uses is stored with our search provider, as our security page and privacy policy explain. We keep it while your account is open, and delete it when you ask, as our privacy policy describes.

11. Your customers and their information

11.1 When your chatbot talks to your customers, you decide what it asks for and what you do with what they tell you. We handle that information for you, to provide SmartChatAI, as our privacy policy explains.

11.2 You're responsible for:

• telling your customers that your chatbot is an automated AI assistant, and not presenting it as a person;
• telling your customers how you collect and use their information, including in your own privacy policy, and getting any consent the law requires;
• having a lawful basis for any information your chatbot asks for, and not using it to collect sensitive information (such as health information), payment card numbers, passwords or government identification numbers, unless the law allows you to and you've told people;
• following the laws that apply to how you contact the people your chatbot collects, including the Spam Act 2003 (Cth); and
• telling us before you use SmartChatAI on a website or service directed at children.

11.3 If your customers might share health or other sensitive details, add a line to your chatbot's welcome message asking them not to.

11.4 If we receive a request or complaint about information we hold for you, we'll pass it to you and help you respond.

11.5 If there's a data breach affecting information we hold for you, we'll tell you promptly with the details we have, and work with you on who notifies the people affected and the Office of the Australian Information Commissioner.

12. AI answers

12.1 Your chatbot uses AI to write its answers from your content. AI can get things wrong, misunderstand a question, or give an answer that's out of date if your content is.

12.2 You're responsible for what your chatbot tells your customers, as you would be for anything else on your website. Keep your content up to date, check your chatbot's answers in the Playground and your Inbox, and fix answers that aren't right.

12.3 Don't use SmartChatAI to give medical, legal, financial or other professional advice that someone might rely on, to diagnose or triage, in emergencies, or for decisions that could seriously affect someone's health, safety, finances or legal rights.

12.4 We choose and may change the AI models and providers that power SmartChatAI, to keep it working well. We'll tell you before a change that would materially reduce what your plan does.

13. Acceptable use

You must not use SmartChatAI, or let anyone else use it, to:

• break any law, or help anyone else break one;
• mislead or deceive people, including about prices, products or who they're talking to;
• send spam or unsolicited messages;
• harass, threaten or abuse anyone, or publish content that's hateful, sexually explicit or violent;
• infringe anyone's intellectual property or privacy;
• upload malware, or try to get into accounts, systems or data you're not allowed to;
• overload, attack or interfere with SmartChatAI, get around its limits or security, or copy, scrape or reverse engineer it;
• resell or give others access to SmartChatAI as a service of your own, unless we've agreed in writing; or
• build a competing product using SmartChatAI or what it produces.

14. Facebook, Instagram, Google and other services

14.1 SmartChatAI works with services run by others, such as Facebook Messenger and Instagram (Meta), Google, Microsoft, HubSpot, Slack, Notion, Zapier and n8n. When you connect one, you must follow its terms and policies, including Meta's rules for business messaging.

14.2 Those services are run by their owners, not us. If one changes, stops working or limits what we can do, that part of SmartChatAI may change or stop working too. We'll tell you when we know a change will affect you.

14.3 We use what we receive from these services only to provide SmartChatAI to you. We don't use it for our own purposes, such as advertising or training AI models.

14.4 You can still reply to people yourself in Meta's own inbox at any time, and you can disconnect any service at any time.

15. Availability and support

15.1 We work hard to keep SmartChatAI available, secure and working well, but we can't promise it will always be available or free of errors. We may need to pause it for maintenance, and we'll try to do that at quiet times and give notice where we can.

15.2 We give support by email at hello@smartchatai.io on Queensland business days.

16. Suspension and ending these terms

16.1 We may suspend your account or a chatbot if you don't pay (after the 3 days in clause 5.4), if you seriously or repeatedly break these terms, or if we reasonably need to in order to protect people, SmartChatAI or our other customers, or to comply with the law. Where it's reasonable, we'll tell you first and give you a chance to fix the problem. We'll lift the suspension once it's fixed.

16.2 We may end these terms and close your account if you seriously break them and don't fix the problem within 14 days of us asking, or straight away if the problem can't be fixed or the law requires it.

16.3 We may also stop providing SmartChatAI to you for any other reason by giving you at least 30 days' notice. If we do, we'll refund what you've paid for the time after it ends.

16.4 You can end these terms at any time by cancelling and asking us to close your account.

16.5 Before your account closes, you can export your leads (on plans that include export) and copy anything you need. Clauses about fees you owe, your content, liability, indemnity and disputes keep applying after these terms end.

17. Our intellectual property

17.1 We own SmartChatAI: the software, design, brand and everything we make, apart from your content. These terms give you the right to use it while your account is open; they don't transfer any of it to you.

17.2 On the Free and Starter plans, your chatbot shows "Powered by SmartChatAI" unless you buy the extra that removes it. Don't remove or hide it any other way.

17.3 If you send us ideas or feedback, we may use them without owing you anything.

18. Your rights under the Australian Consumer Law

18.1 Our services come with guarantees that can't be excluded under the Australian Consumer Law, including that they'll be provided with due care and skill and be fit for any purpose you've told us about. Nothing in these terms excludes, restricts or changes those rights, or any other right you have under a law that can't be excluded.

18.2 If SmartChatAI is not of a kind ordinarily acquired for personal, domestic or household use, then, where the law allows, our liability for failing to meet a consumer guarantee is limited, at our choice, to supplying the services again or paying the cost of having them supplied again.

19. Liability

19.1 This clause is subject to clause 18 and applies as far as the law allows.

19.2 Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business opportunity or data that arises from it, however it's caused. This doesn't limit fees you owe us, or your responsibility under clause 20.

19.3 Each of us limits our total liability to the other under or in connection with these terms to the amount you've paid us in the 12 months before the event that caused the claim, or A$100 if that's more. This limit doesn't apply to fees you owe us, to either of our responsibilities under clause 20, or to either of us infringing the other's intellectual property.

19.4 Our liability is reduced to the extent a loss is caused by you, your content, your team, your chatbot's answers that came from your content, or a service run by someone else.

20. Indemnity

20.1 You agree to cover our reasonable losses and costs from a claim by someone else to the extent it's caused by your content, your breach of these terms, or your breach of the law (including privacy and spam laws) in using SmartChatAI.

20.2 We agree to cover your reasonable losses and costs from a claim by someone else that SmartChatAI itself (not your content, or a service run by someone else) infringes their intellectual property rights.

20.3 Whoever receives a claim will tell the other promptly, and let them take part in responding to it.

21. Changes to SmartChatAI and these terms

21.1 We keep improving SmartChatAI and may add, change or remove features. If a change would materially reduce what your paid plan does, we'll email you at least 30 days before it applies to you. If you don't want to continue, you can cancel before then, and we'll refund what you've paid for any time after the change applies.

21.2 We may update these terms to reflect changes in the law, in our providers, in security needs, or in what SmartChatAI does and costs. If a change could disadvantage you, we'll email you at least 30 days before it takes effect. If you don't agree with it, you can cancel before then, and we'll refund what you've paid for any time after the change takes effect. Other changes take effect when we publish them here.

22. Complaints and disputes

22.1 If something's wrong, please email hello@smartchatai.io first. We'll acknowledge your complaint within 5 business days and aim to resolve it within 30 days.

22.2 If we can't resolve a dispute that way, either of us may suggest mediation with an independent mediator in Queensland, with the cost shared equally. This doesn't stop either of us going to court or a tribunal, or you contacting a regulator such as the Queensland Office of Fair Trading, the ACCC or the Office of the Australian Information Commissioner.

22.3 These terms are governed by the law of Queensland, Australia. Each of us accepts the non-exclusive jurisdiction of the courts and tribunals of Queensland.

23. General

23.1 Notices. We'll send notices to the email address on your account, and you can send them to hello@smartchatai.io. Please keep your email address up to date.

23.2 Electronic agreement. You can agree to these terms and receive notices electronically. Your electronic acceptance is as binding as a signature.

23.3 Events outside our control. Neither of us is responsible for a delay or failure caused by events outside our reasonable control, such as a major outage at a provider, a natural disaster or a government action, apart from paying amounts owed.

23.4 Transfer. You can't transfer your account or these terms to someone else without our written agreement, which we won't unreasonably refuse. We may transfer them to a business that takes over SmartChatAI, and we'll tell you if we do; your rights under these terms won't change because of it.

23.5 If part doesn't apply. If a court finds any part of these terms can't be enforced, the rest still applies.

23.6 Whole agreement. These terms, the privacy policy and what you choose when you buy are the whole agreement between us about SmartChatAI. This doesn't limit any right you have under the Australian Consumer Law.

23.7 No waiver. If either of us doesn't enforce a right straight away, we can still enforce it later.

24. Contact us

MaitrixAI Pty Ltd, trading as SmartChatAI
6/93 West Burleigh Road, Burleigh Heads QLD 4220, Australia
Email: hello@smartchatai.io

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