Terms for site access, project work, and client-owned engine delivery.
These Terms of Service govern use of the SmoothRevenue website and, unless a separate written agreement says otherwise, also govern proposals, scoped installs, maintenance work, and related autonomous prospecting engine services provided by SmoothRevenue.
1. Acceptance of these Terms
By using this website, requesting a scope, accepting a proposal, or purchasing services from SmoothRevenue, you agree to these Terms. If you act on behalf of a company or client, you represent that you have authority to bind that person or entity.
2. Scope of site and services
SmoothRevenue builds and maintains client-owned autonomous prospecting engines. Depending on the engagement, services may include lead capture, follow-up automation, qualification logic, routing, CRM integration, messaging workflow design, prompt and sequence tuning, operational maintenance, and related consulting.
Website content is for general information only and does not by itself create a binding project scope, service-level commitment, or guaranteed outcome. Exact scope, timelines, deliverables, and pricing are established in the applicable proposal, order form, or statement of work.
3. Client-owned accounts and operating model
SmoothRevenue's commercial model is based on client-owned infrastructure wherever practical. Unless a written agreement says otherwise, the client is responsible for maintaining its own API accounts, messaging channels, domains, mailboxes, CRM, enrichment tools, hosting, and related usage-based vendor spend.
SmoothRevenue may configure, connect, or recommend third-party tools, but ownership, billing, permissions, and continued access to those tools remain the client's responsibility unless expressly agreed otherwise in writing.
4. Client responsibilities and compliance obligations
The client is responsible for the legality, accuracy, and appropriateness of its offers, targeting, claims, contact data, suppression lists, consent records, and outbound activity.
Without limitation, the client is responsible for:
- Having sufficient rights to all data, copy, lists, creative, and instructions supplied to SmoothRevenue.
- Ensuring commercial email, text, WhatsApp, calling, and outreach activity complies with applicable law, platform rules, and recipient opt-out requirements.
- Reviewing automation logic, routing rules, qualification copy, and claims before launch where review is commercially or legally necessary.
- Using accurate branding and avoiding deceptive, misleading, impersonating, or unlawful campaigns.
- Maintaining required notices, disclosures, and internal approval processes for regulated or sensitive industries.
5. Fees, invoicing, taxes, and refunds
Setup fees, monthly maintenance, additional scope, and any special billing arrangements are set out in the applicable written quote, invoice, or order document. Unless otherwise stated in writing:
- Fees are quoted in U.S. dollars.
- Invoices are due on receipt or within the period stated on the invoice.
- Usage-based third-party charges are separate from SmoothRevenue fees.
- Taxes, duties, transaction fees, and currency conversion costs are the client's responsibility unless the invoice says otherwise.
- Setup work already performed, time already delivered, and third-party charges already incurred are non-refundable.
6. Third-party services, AI systems, and channel dependencies
SmoothRevenue may rely on third-party infrastructure such as email providers, WhatsApp, CRM platforms, automation software, LLM providers, hosting platforms, or enrichment vendors. Those services are outside SmoothRevenue's control and remain subject to their own pricing, uptime, policy, moderation, and account rules.
SmoothRevenue is not liable for outages, suspensions, policy actions, output changes, price changes, enforcement actions, or other decisions made by third-party providers.
7. Intellectual property, licenses, and outputs
Each party retains ownership of the materials, tools, systems, trademarks, data, prompts, templates, processes, and know-how it owned before the engagement. Subject to full payment of the fees due for an engagement, the client receives the rights expressly granted in the written scope for deliverables created specifically for that engagement.
SmoothRevenue retains ownership of its pre-existing frameworks, reusable methods, internal tooling, design systems, prompts, sequences, templates, process know-how, and general improvements, even if used while delivering client work.
AI-assisted outputs may contain limitations, inaccuracies, or similarities to third-party materials. The client is responsible for final review and approval before live deployment.
8. Confidentiality
Each party must protect the other party's non-public business, technical, commercial, and operational information using reasonable safeguards and may use that information only as needed to perform the engagement or exercise rights under these Terms.
Confidentiality obligations do not apply to information that is already public through no breach, is independently developed, or is rightfully received from a third party without restriction.
9. Data handling and privacy
Each party is responsible for its own compliance with applicable privacy and data protection laws. If SmoothRevenue processes personal data as part of an engagement, that processing is limited to the scope reasonably necessary to provide the services, subject to any separate written data processing terms the parties sign.
Website privacy practices are described in the Privacy Policy. Project-specific data handling rules may also be described in written scope documents.
10. Disclaimers and no outcome guarantees
SmoothRevenue provides services and website content on an “as-is” and “as-available” basis, except to the extent a written contract expressly states otherwise. SmoothRevenue does not guarantee rankings, reply rates, booked meetings, conversion rates, revenue, pipeline volume, deliverability, platform approval, or uninterrupted availability.
The client acknowledges that prospecting outcomes depend on the offer, list quality, market conditions, channel health, compliance posture, response handling, sales process quality, and third-party systems outside SmoothRevenue's control.
11. Suspension and termination
SmoothRevenue may suspend or refuse work immediately if payment is overdue, required access is not provided, or SmoothRevenue reasonably believes an engagement, campaign, or instruction could be unlawful, deceptive, abusive, unsafe, or reputationally harmful.
Either party may terminate future work according to the written scope or, if none exists, on reasonable written notice. Termination does not remove the client's obligation to pay for work already performed or third-party costs already incurred.
12. Limitation of liability
To the maximum extent permitted by law, SmoothRevenue will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of revenue, profit, goodwill, data, business opportunity, or platform access.
SmoothRevenue's total aggregate liability arising out of or relating to the site or services will not exceed the amount paid by the client to SmoothRevenue for the specific engagement giving rise to the claim during the twelve months before the event giving rise to liability, except where a signed written agreement states a different cap.
13. General terms
- These Terms do not create an employment, partnership, franchise, or agency relationship.
- Neither party may assign a written engagement in a way that materially harms the other party without consent, except in connection with a bona fide merger, sale, or reorganization.
- If one provision is unenforceable, the rest remain in effect.
- Failure to enforce a provision is not a waiver.
- Any dispute is governed first by the dispute, notice, and governing-law terms stated in the applicable signed written agreement. If no signed written agreement states those terms, the dispute will be governed by the laws applicable where SmoothRevenue's principal place of business is located, excluding conflict-of-law rules.
14. Contact
For legal or contractual questions about these Terms, contact SmoothRevenue at the address below.