Terms & Conditions

1. About SmartOps

SmartOps ("SmartOps," "we," "us," or "our") is a marketing technology agency based in Thousand Oaks, California. We provide done-for-you websites, customer relationship management (CRM) tools, marketing automation, lead generation, SMS and email campaigns, and related services to local businesses. Our platform is built on third-party software, including GoHighLevel.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into a binding contract to use the Services. By using the Services, you represent that you meet these requirements. If you are using the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms.

3. Accounts

To access most features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Keep your login credentials confidential
• Notify us immediately of any unauthorized access
• Be responsible for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to the Services or other users.

4. Services and Deliverables

The specific services included in your engagement (e.g., website build, automation setup, ad management, monthly retainer) will be described in your service agreement, proposal, or order form. Unless otherwise agreed in writing, the following applies:

• Setup: A one-time setup fee may apply and is due before work begins.
• Monthly retainer: Recurring fees are billed monthly in advance and cover platform access, ongoing optimization, and agreed-upon deliverables.
• Scope: Work outside the agreed scope (custom builds, additional integrations, etc.) is billed separately at our then-current rates.
• Third-party costs: Ad spend, premium integrations, phone number fees, A2P 10DLC registration fees, domain costs, and similar third-party expenses are pass-through and not included in our service fees unless explicitly stated.

5. Payment Terms

• Billing: All recurring fees are billed automatically through our payment processor (Stripe) on the same day each month based on your start date.
• Payment method: You authorize us to charge the payment method on file. You are responsible for keeping payment information current.
• Late or failed payments: If a payment fails, we may suspend Services until payment is resolved. We reserve the right to charge a late fee or interest on overdue amounts to the extent permitted by law.
• Taxes: You are responsible for any applicable sales, use, or other taxes.
• Refunds: Setup fees and monthly retainers are non-refundable except as required by law or as expressly stated in your service agreement. Work already performed is not refundable.
• Price changes: We may adjust pricing with at least 30 days' written notice. Continued use after the effective date constitutes acceptance of the new pricing.

6. Cancellation and Termination

• By you: You may cancel your monthly subscription at any time by providing written notice (email is acceptable) at least 30 days before your next billing date. Services will continue through the end of the current billing cycle, and you will not be billed thereafter.
• By us: We may terminate or suspend your account immediately if you breach these Terms, fail to pay, use the Services unlawfully, or pose a risk to our platform or other users.
• Effect of termination: Upon termination, your access to the platform will end. We will provide a reasonable opportunity to export your data. After 30 days, we may delete account data in accordance with our retention practices.

7. Client Responsibilities

To get value from the Services, you agree to:

• Provide accurate business information, branding materials, and content as needed
• Respond to communications and approval requests in a timely manner
• Comply with all applicable laws, including telemarketing, SMS, email, and advertising regulations (TCPA, CAN-SPAM, A2P 10DLC, FTC guidelines, etc.)
• Obtain proper consent before sending SMS or email campaigns to your contacts
• Maintain accurate ownership of your domain names, social accounts, and business listings
• Not use the Services to send spam, deceptive content, or any unlawful communications

You are solely responsible for the content you publish, send, or distribute through the Services and for any consequences resulting from that content.

8. Acceptable Use

You may not use the Services to:

• Violate any law, regulation, or third-party right
• Send unsolicited bulk messages, spam, or deceptive communications
• Promote illegal products, services, or activities
• Harass, threaten, or harm others
• Infringe on intellectual property, privacy, or publicity rights
• Interfere with or disrupt the Services, servers, or networks
• Attempt to gain unauthorized access to any part of the Services
• Reverse engineer, copy, or resell the platform or its components without written permission
• Use the Services to compete with SmartOps or build a competing offering

Violation of this section may result in immediate suspension or termination without refund.

9. Intellectual Property

• SmartOps IP: All SmartOps branding, content, templates, snapshots, automations, software, and proprietary methodology are owned by SmartOps. You receive a limited, non-exclusive, non-transferable license to use them solely for your business while you are an active client.
• Your content: You retain ownership of the content, branding, customer data, and materials you provide. You grant us a license to use this content as needed to deliver the Services.
• Customer data: Your customer and lead data remains yours. We will not sell or use it for any purpose other than operating the Services on your behalf.
• Third-party IP: The Services include third-party software (such as GoHighLevel). Your use of those components is also subject to the third party's terms.

10. Third-Party Services

The Services rely on and integrate with third-party providers including GoHighLevel, Stripe, Google, Meta, and others. We do not control these providers and are not responsible for their availability, performance, pricing changes, or terms. Your use of those services may be governed by separate terms with those providers.

11. Performance and Results

We work hard to deliver effective marketing systems, but we do not guarantee any specific business outcome, including lead volume, conversion rates, revenue, advertising performance, search rankings, or return on investment. Marketing results depend on many factors outside our control, including your industry, market conditions, ad spend, response time, and execution on your end.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION.

We do not warrant that the Services will be error-free, uninterrupted, secure, or free from third-party platform outages. We are not liable for downtime, data loss, or service interruptions caused by third-party providers.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTOPS AND ITS OWNERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO SMARTOPS IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow these limitations, so they may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless SmartOps and its owners, employees, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or third-party right
• Content you provide, publish, or send through the Services
• Marketing campaigns or messages you authorize through the Services

15. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Services will be resolved exclusively in the state or federal courts located in Ventura County, California, and you consent to the personal jurisdiction of those courts.

Before filing any formal claim, the parties agree to attempt to resolve the dispute in good faith through direct communication for at least 30 days.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated version on this page and update the "Last Updated" date. Material changes will be communicated by email or a prominent notice on the platform. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

17. Miscellaneous

• Entire Agreement: These Terms, together with any service agreement, proposal, or order form, constitute the entire agreement between you and SmartOps.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in effect.
• No Waiver: Our failure to enforce any right or provision does not waive that right or provision.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices: Notices to SmartOps should be sent to the email below. Notices to you may be sent to the email on file.

18. Contact

Questions about these Terms?

SmartOps
Email: kdavis72490@gmail.com
Address: Thousand Oaks, California