Smart Stream Pro – Terms of Service

Last updated: 10 August 2025

1. Agreement to Terms

1.1 These Terms of Service (“Terms”) govern your access to and use of the Smart Stream Pro website at www.smartstreampro.com and all related software, tools, features, integrations, templates, and services we provide (collectively, the “Services”).
1.2 By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1.3 If you enter into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. “You” and “Customer” will refer to that entity.

2. Who We Are & How to Contact Us

2.1 “Smart Stream Pro”, “we”, “us”, or “our” means Smart Stream Pro (trading in the United Kingdom).
2.2 Contact: [email protected]
2.3 Registered company details: Smart Stream Pro
2.4 If any address is not yet available, email will be the primary contact method.

3. Definitions

“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with a party.
“Authorised User” means an individual you permit or invite to use the Services under your account.
“Beta Features” means features clearly identified as alpha, beta, pilot, limited release, preview, or similar.
“Business Day” means a day other than a Saturday, Sunday, or public holiday in Northern Ireland.
“Consumer” has the meaning in the Consumer Rights Act 2015.
“Content” means text, data, images, audio, video, code, or other material.
“Customer Content” means Content you (or your Authorised Users) submit to or through the Services.
“Data Protection Laws” means UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 (as amended) (“PECR”).
“Effective Date” means the date you first accept these Terms or first access the Services, whichever is earlier.
“Order” means your online order, subscription checkout, signed order form, or similar document setting out the Services purchased, plan limits, term, and pricing.
“Personal Data” has the meaning in UK GDPR.
“Third-Party Services” means products, services, or platforms not owned by us that interoperate with the Services (e.g., Google, Meta, email/SMS providers, payment processors).

4. Service Overview

4.1 The Services include, without limitation: automation tools, CRM workflows, lead capture/management, appointment booking, missed-call text-back, messaging templates, and related features as described on our site from time to time.
4.2 We may modify the Services (including adding, changing, or removing features) for technical, operational, or legal reasons. If a change materially reduces core functionality of a paid plan, we will give reasonable notice. We shall not be liable for any loss, cost, or damage arising from such changes, withdrawals, or modifications, except as required by law.
4.3 While we aim to keep the Services available at all times, availability may be affected by scheduled maintenance, third-party failures, internet outages, or events beyond our reasonable control. We do not guarantee uninterrupted or error-free operation.

5. Accounts & Access

5.1 You must create an account to use certain Services. You shall provide accurate, current, and complete information and keep it updated.
5.2 You are responsible for maintaining the confidentiality of login credentials and for all activities under your account.
5.3 You shall ensure your Authorised Users comply with these Terms. Unauthorised sharing of logins is prohibited.
5.4 We may suspend access if we reasonably suspect unauthorised use, security risk, or material breach.

6. Orders; Term; Renewals

6.1 Your subscription begins on the Effective Date and continues for the subscription term stated in your Order (the “Initial Term”).
6.2 Unless otherwise stated, subscriptions auto-renew for successive periods equal to the Initial Term (each a “Renewal Term”).
6.3 You may prevent renewal by giving notice via your account or by emailing [email protected] before the renewal date.
6.4 We will provide reasonable advance notice of renewal and any pricing changes.

7. Trials, Free Plans & Beta Features

7.1 We may offer free trials or free plans at our discretion. We may change or discontinue them at any time.
7.2 Beta Features may be offered for evaluation only, “as is” without warranties or support, and may be modified or withdrawn at any time. Your feedback on Beta Features may be used by us without restriction.

8. Fees & Payment

8.1 Fees and billing cadence (monthly/annual) are as set out in your Order or on our pricing page at the time of purchase.
8.2 All prices are in GBP (£). We are not VAT registered at this time; if that changes, we will notify you and charge VAT as required by law going forward.
8.3 You authorise us (and our payment processors) to charge all Fees using your selected payment method on the schedule stated in your Order.
8.4 Late or failed payments may result in suspension or termination. We may charge reasonable costs of collection for overdue amounts.
8.5 Except as required by law, Fees are non-refundable (see Clause 15 for Consumer rights).

8.6 Payment Obligation. All Fees must be paid in full, in cleared funds, without deduction or set-off.

8.7 Late Payments. If any Fees are not paid by the due date:

(a) we may suspend or restrict access to the Services immediately until payment is received;

(b) we may charge interest at the statutory rate (8% above Bank of England base rate) under the Late Payment of Commercial Debts (Interest) Act 1998; and

(c) you shall reimburse us for all reasonable costs incurred in recovering overdue amounts (including debt collection agency fees, court costs, and legal expenses).

8.8 Hosting & Third-Party Costs. Where the Services include hosting, domains, or other third-party resources, you remain responsible for these costs during your subscription term. Failure to pay may result in suspension or permanent removal of hosted content.

8.9 Ownership of Deliverables. Any websites, automations, designs, or other deliverables created or hosted by us remain our property until all Fees are paid in full. You are granted only a conditional licence to use such deliverables. If Fees are overdue, we may revoke access, suspend hosting, or remove such deliverables until payment is received. Full ownership transfers only upon cleared payment of all outstanding sums.

8.10 Debt Recovery Costs. In addition to interest under Clause 8.7(b), you agree to reimburse us for all reasonable costs and expenses incurred in recovering overdue amounts, including but not limited to legal fees, court costs, and debt collection agency fees.

9. Plan Limits; Fair Use

9.1 Certain features may have usage limits (e.g., contacts, emails/SMS, seats, workflows). Exceeding plan limits may require an upgrade or incur overage fees.
9.2 We reserve the right to apply a reasonable fair-use policy to prevent abuse that degrades the Service for others (e.g., excessive API calls, messaging volumes, scraping).

10. Third-Party Services & Platforms

10.1 You may enable Third-Party Services (e.g., Google, Meta/Facebook, Instagram, WhatsApp, email/SMS gateways, calendars, payment processors). Your use of any Third-Party Service is subject to its own terms and privacy policies, which we do not control.
10.2 We are not responsible for Third-Party Services’ actions, availability, data handling, or security.
10.3 If a Third-Party Service provider discontinues or changes its services or APIs, we may need to modify or cease related integrations. We are not liable for any failure, interruption, change, or discontinuation of any Third-Party Service or integration, nor for any resulting loss, even if such services are critical to your use of the platform.

11. Messaging & Marketing Compliance (PECR/UK GDPR)

11.1 If you use the Services to send electronic communications (email/SMS/instant messaging), you must comply with PECR, UK GDPR, and any applicable carrier/platform rules.
11.2 You are solely responsible for obtaining and recording valid consent (or relying on a lawful exception) from recipients, honouring unsubscribe/opt-out requests, and ensuring message content is lawful and not misleading.
11.3 You warrant that your sending domains, phone numbers, and sender IDs are used in compliance with law and industry rules. We may require verification steps (e.g., domain authentication, business verification). You acknowledge that you are solely responsible for ensuring all marketing and communications conducted via the Services comply with applicable laws, platform rules, and industry standards, and you agree to indemnify us for any fines, claims, or penalties resulting from your breach of such obligations.

12. Acceptable Use Policy

You shall not:
a) use the Services for any unlawful, infringing, harmful, defamatory, harassing, or deceptive activity;
b) send spam, bulk unsolicited messages, or content violating advertising standards or platform policies;
c) upload or transmit malware, bots, or code intended to disrupt or damage systems;
d) attempt to bypass security or access accounts, data, or systems without authorisation;
e) copy, frame, mirror, scrape, or reverse-engineer the Services, except as permitted by law;
f) use automated means to access the Services other than our documented APIs;
g) misrepresent your identity or affiliation, or impersonate others;
h) use the Services to process Special Category Data or children’s data without our prior written consent and appropriate safeguards;
i) use the Services in violation of sanctions, export control, or anti-bribery laws.

13. Customer Content & Licence

13.1 As between you and us, you own all Customer Content.
13.2 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, display, adapt, and process Customer Content solely to provide, maintain, secure, and improve the Services and to comply with law.
13.3 You warrant that you have all rights, licences, and consents necessary for us to process Customer Content as described.

14. Data Protection

14.1 Roles. Depending on use, we may act as:

Processor of Personal Data on your behalf (e.g., contacts, recipients, leads you upload), and/or

Controller of certain Personal Data (e.g., your account data, billing, product telemetry).
14.2 Data Processing Addendum (DPA). Where we process Personal Data as your Processor, our DPA (UK GDPR–compliant) forms part of these Terms. If you need a signed copy, contact [email protected].
14.3 Security. We implement technical and organisational measures appropriate to the risk (e.g., access controls, encryption in transit where applicable, restricted personnel access).
14.4 Sub-processors. We may use trusted sub-processors to support the Services. We remain responsible for sub-processors’ performance of our processing obligations.
14.5 International transfers. Where applicable, we will rely on a valid transfer mechanism (e.g., UK IDTA/Addendum, adequacy decisions).
14.6 Privacy Policy. Further details are set out in our Privacy Policy at www.smartstreampro.com/privacy-policy.

14.7 Data Breach Limitation. In the event of a personal data breach, our obligations shall be limited to those required under UK GDPR and the Data Protection Act 2018. We are not responsible for breaches caused by you, your users, or third-party providers outside our reasonable control.

15. Consumer Rights (UK)

15.1 If you are a Consumer, you may have statutory rights under the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.
15.2 Cooling-off period. You may cancel within 14 days of entering into a contract for the Services. If you ask us to begin Services within that period, you will pay for the proportion provided before cancellation; otherwise we will refund amounts paid within 14 days of your valid cancellation.
15.3 Nothing in these Terms affects your statutory rights.
15.4 Business customers: the cooling-off period does not apply.

16. Intellectual Property; Feedback

16.1 We (and our licensors) own all intellectual property rights in and to the Services, underlying software, documentation, and our trademarks/branding. No rights are granted except as expressly stated.
16.2 Licence to use the Services. Subject to these Terms and payment of Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence for your internal business use during your subscription term.
16.3 Feedback. You grant us a royalty-free, perpetual licence to use suggestions or feedback you provide to improve the Services.

17. Output & Automation Disclaimers

17.1 Any output generated by the Services (e.g., AI-assisted text, templates, automations, analytics) is provided “as is.” You are responsible for reviewing, verifying, and using outputs appropriately and lawfully.
17.2 We do not guarantee that outputs will be free of errors, bias, or infringement. You agree that outputs from AI, automation tools, or other algorithmic processes are recommendations or drafts only, and you remain solely responsible for verifying their accuracy, legality, and fitness for your purposes. We accept no liability for errors, omissions, or consequences arising from reliance on such outputs.

18. Service Levels; Support; Maintenance

18.1 Unless otherwise agreed in an Order, no specific service-level guarantees (uptime/response times) are provided.
18.2 We provide commercially reasonable support via email during Business Days.
18.3 We may perform scheduled maintenance (with advance notice where practicable) and emergency maintenance.

19. Suspension

19.1 We may suspend all or part of the Services if: (a) required by law, regulator, or court; (b) you breach these Terms (including payment); (c) there is a security risk; or (d) we reasonably suspect unlawful use. We will try to limit suspension to what is reasonably necessary.

19.2 Non-Payment Suspension. Without limiting Clause 8.7, we may suspend or disable access to Services, websites, or hosted content if Fees are overdue by more than 7 days.

20. Warranties

20.1 We warrant that we will provide the Services with reasonable skill and care.
20.2 Except as expressly stated, the Services are provided “as is” and “as available”. We disclaim all other warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

21. Indemnities

21.1 Your indemnity. You shall indemnify and hold us (and our Affiliates, officers, and staff) harmless from claims, damages, fines, costs, and expenses arising out of or related to: (a) Customer Content; (b) your use of the Services in breach of law or these Terms; (c) communications sent through the Services (including PECR/UK GDPR breaches).
21.2 Our IP indemnity. We will defend you against third-party claims alleging that your authorised use of the Services infringes UK intellectual property rights, and pay damages finally awarded or agreed in settlement, provided that you: (a) promptly notify us; (b) give us sole control of defence/settlement; and (c) provide reasonable assistance.
21.3 Exclusions. We have no liability for claims arising from: (a) unauthorised or modified use; (b) combinations with non-Smart Stream Pro items; (c) compliance with your instructions; or (d) your failure to use updates we make available.
21.4 Remedies. If infringement is alleged, we may: (i) procure the right for you to continue using the Services; (ii) modify the Services to avoid infringement; or (iii) terminate the affected Service with a pro-rata refund of prepaid Fees for the remaining term (business customers only).

22. Limitation of Liability

22.1 Carve-outs. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited or excluded under applicable law.
22.2 Indirect losses. To the fullest extent permitted by law, we are not liable for indirect, special, incidental, consequential, or exemplary losses; loss of profits, revenue, data, goodwill, or business interruption.
22.3 Cap. Our total aggregate liability arising out of or related to the Services in any 12-month period shall not exceed the total Fees you paid to us for the Services in that period.
22.4 Consumers. The above limitations apply subject to your statutory rights.

22.5 Liability, We are not liable for any failure, interruption, or error caused by any third-party provider, integration, or service, including but not limited to communication carriers, hosting providers, or software integrations. This limitation applies to all claims, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and survives termination of these Terms.

23. Confidentiality

23.1 Each party shall keep Confidential Information of the other party confidential and use it only for the purposes of these Terms.
23.2 Confidential Information excludes information that is or becomes public (other than through breach), was lawfully known, independently developed without use of the other’s Confidential Information, or is required to be disclosed by law or regulator.

24. Export Controls; Sanctions; Anti-Bribery

24.1 You shall comply with all applicable export control and sanctions laws (including UK OFSI regimes) and anti-bribery/anti-corruption laws (including the Bribery Act 2010).
24.2 You warrant you are not a sanctioned party and will not use the Services for prohibited end-uses.

25. Force Majeure

Neither party is liable for delay or failure to perform due to events beyond its reasonable control (including natural disasters, war, terrorism, civil unrest, strikes, utility or internet failures, supplier failures, or changes in law).

26. Termination

26.1 Either party may terminate for material breach not remedied within 30 days of written notice.
26.2 We may terminate immediately if: (a) you repeatedly breach these Terms; (b) your use presents a significant legal, regulatory, or security risk; or (c) required by law.
26.3 On termination: (i) your right to use the Services ceases; (ii) you shall pay any due Fees; and (iii) Clauses intended to survive (including 11–13, 16–17, 20–25, 26.3, 27–35) shall survive.

26.4 Our Right to Terminate for Convenience
We may terminate the Services (in whole or in part) for convenience at any time by providing you with not less than 30 days’ written notice. If we do so, we will refund any prepaid Fees for the unused portion of the Services (where applicable).

26.5 Minimum Viability
We reserve the right not to continue providing Services if, in our reasonable opinion, the Services are no longer commercially viable (for example, where the costs of providing the Services significantly exceed the fees received due to low user uptake).

26.6 Termination for Non-Payment. We may terminate these Terms immediately if Fees remain unpaid for more than 30 days from the due date. In such case, we may permanently delete or disable access to Services, websites, or hosted content without liability.

26.7 Non-Payment & Ownership. Where termination occurs due to non-payment, we reserve the right to permanently remove hosted content and retain ownership of any deliverables (including websites, templates, and automations) until all outstanding Fees, interest, and recovery costs are paid in full.

27. Data Export; Deletion

27.1 During the subscription term and for 30 days after termination, you may export Customer Content/data via available tools.
27.2 After that period, we may delete or anonymise Customer Content from active systems, subject to legal retention requirements and backups/archives held for limited durations.

28. Complaints & Alternative Dispute Resolution (ADR)

28.1 Please contact [email protected] if you have a complaint. We will aim to resolve it promptly.
28.2 If unresolved, you may use an approved UK ADR provider. Information on ADR is available via the UK Government website or Citizens Advice.

29. Changes to These Terms

29.1 We may update these Terms to reflect changes to the Services, law, or business practices.
29.2 We will post the revised Terms with an updated “Last updated” date. For material changes to paid Services, we will provide reasonable prior notice. Continued use after the effective date constitutes acceptance.

30. Assignment & Subcontracting

30.1 You may not assign, transfer, or sublicense your rights or obligations without our prior written consent.
30.2 We may assign or subcontract our rights or obligations (including to Affiliates and service providers), remaining responsible for their performance.

31. Notices

31.1 We may provide notices by email to the address associated with your account or by posting within the Services.
31.2 Your legal notices to us must be sent to [email protected] and (once available) to our registered office.

32. Entire Agreement; Priority

32.1 These Terms, any DPA, and your Order(s) constitute the entire agreement and supersede prior understandings on the subject matter.
32.2 In case of conflict: Order > DPA (for data processing terms) > these Terms > online policies.

33. Severability; Waiver

33.1 If any provision is found invalid or unenforceable, the remainder remains in force.
33.2 Failure to enforce a right is not a waiver of that right.

34. Third-Party Rights

A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce them.

35. Governing Law & Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Northern Ireland. The courts of Northern Ireland shall have exclusive jurisdiction.

Schedule A – Service-Specific Terms (if applicable)

A.1 Messaging Volumes & Sender IDs. You are responsible for procuring any required phone numbers/sender IDs and for all carrier fees. We may pass through carrier or provider surcharges.
A.2 Templates & AI. Templates/AI assistance are starting points only; you must review for accuracy, legality, and platform policy compliance.
A.3 Platform Policies. If you connect to Meta, Google, Apple, Microsoft, or other platforms, you must comply with their current policies; your breach of platform rules may require us to suspend integrations.

Schedule B – Data Processing Addendum (Summary)

B.1 Where we process Personal Data as Processor on your behalf, the DPA applies (incorporated by reference).
B.2 Subject matter, duration, nature, and purpose of processing, types of Personal Data, and categories of data subjects depend on your use of the Services.
B.3 We implement appropriate security measures; notify you of data breaches without undue delay; assist with data subject requests where feasible; and flow down equivalent obligations to sub-processors.
B.4 International transfers use appropriate safeguards (e.g., UK IDTA/Addendum or adequacy decisions).