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.
4.4 The Client is responsible for maintaining accurate pricing, service descriptions, and booking calendar availability. SmartStreamPro provides the automation tool only and is not liable for errors, double bookings, or customer dissatisfaction resulting from inaccurate service settings provided by the Client.
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.
8.11 Subscriptions & Billing - Subscriptions are billed at £89/month unless otherwise stated in your Order. Subscriptions auto-renew each month on the same calendar date. You may cancel at any time through the “Manage Subscription” link in your customer portal. Cancellation will take effect at the end of your current billing period, and no further charges will apply. No partial refunds are provided for unused time.
8.12 Overage & Usage Billing Authorisation. You authorise us (and our payment processors) to charge your payment method for any metered usage beyond your plan limits (including, without limitation, outbound SMS and voice minutes) as set out in Clause 9. Overage is billed monthly in arrears based on usage recorded by our providers.
8.13 Pass-Through Costs & Rate Changes. Carrier and provider fees (e.g., telephony/SMS surcharges) may change. Where a change affects your overage rates, we may update overage pricing on a pass-through basis. We will give at least 30 days’ notice where practicable.
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).
9.3 Auto-Renewal & Cancellation. Subscriptions renew automatically each month on the same calendar date, unless cancelled in advance.
You may cancel at any time through our secure customer portal Manage My Subscription.
Cancellation takes effect at the end of your current billing period, and you will not be charged again.
No partial refunds will be given for unused days in a billing cycle.
9.4 Included Allowances (example – £59 plan). Unless otherwise stated in your Order, the £59/month plan includes, per billing month: 500 outbound SMS, unlimited inbound SMS, and 500 UK voice minutes (combined inbound/outbound). Allowances reset each billing cycle.
9.5 Overage Rates. Usage beyond allowances is billed monthly at £0.05 per outbound SMS and £0.02 per UK voice minute. SMS are billed per segment (messages exceeding the standard character limit may consume multiple segments). Voice minutes are measured in seconds and rounded up to the next full minute.
9.6 Scope & Geography. Allowances apply to UK numbers. International messaging/calls are not included and are billed at prevailing provider rates plus any applicable surcharges.
9.7 Abuse & Fair Use. Excessive or abnormal traffic (e.g., bulk unsolicited messaging, auto-dialling, unlawful or high-risk content) may trigger suspension, rate limiting, or a required upgrade. We may take reasonable steps to protect network integrity and other users.
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.
10.4 Twilio & Telephony Number Use
(a) Smart Stream Pro acts as the registered account holder for telephony services (e.g., Twilio) and will host the required identity verification documentation (e.g., passport, business ID) on file for compliance purposes.
(b) The Client acknowledges that phone numbers used in connection with the Services are owned by Smart Stream Pro and provided for the Client’s use under these Terms.
(c) The Client is solely responsible for any and all communications (calls, SMS) made using the telephony services, including ensuring lawful, compliant use and proper consent in accordance with applicable laws and regulations.
10.5 Invoicing & Payments
SmartStreamPro automates invoice generation and provides payment links. All payments are processed directly via the Client’s own payment processor (e.g., Stripe, PayPal). SmartStreamPro does not handle, store, or transfer any customer funds, and is not responsible for payment processing, disputes, refunds, or payment failures. These remain solely the responsibility of the Client.
10.6 Message Delivery, Segmentation & Formatting. SMS/MMS delivery is not guaranteed and may be impacted by carriers, handset settings, and content. Messages using special characters/emojis or long content may split into multiple billable segments.
10.7 Numbers, IDs & Porting. Phone numbers and sender IDs used with the Services are supplied subject to carrier rules. Number ownership/porting is subject to provider policies and may not always be available. Misuse may result in reclaim by the provider.
10.8 Invoicing & Payment Processing Responsibilities. We provide invoicing and payment-request tools only. We are not a bank, payment service provider, or money transmitter and do not hold, control, or settle funds. All payment processing occurs under your own processor account (e.g., Stripe/GoCardless/PayPal) and their terms. You are solely responsible for invoice accuracy, VAT/tax settings, lawful reminders, and compliance with consumer and e-commerce law.
10.9 Payouts, SCA & Declines. Payout timing, reserves, and Strong Customer Authentication (SCA)/3-D Secure are determined by your processor. We make no guarantee of authorisation or settlement and are not liable for declines, fraud controls, or processor holds.
10.10 Refunds, Disputes & Chargebacks. Refunds must be initiated in your processor dashboard. Processor fees are typically non-refundable. You are responsible for chargebacks, retrieval requests, and any associated fees. We may provide system logs (e.g., when an invoice or reminder was generated) but do not warrant delivery.
10.11 “Paid on Completion” Flows. If you enable “Paid on Completion” or similar, you are responsible for confirming job completion, issuing the invoice, and triggering payment requests. Dunning/collection communications must comply with applicable law (including PECR/UK GDPR for messaging).
10.12 Card Data & PCI. Card data is collected and stored by your payment processor. We do not store full card PANs and are not your PCI DSS merchant of record.
10.13 Provider & Surcharge Changes. Carriers and processors may change pricing and policies. Where such changes impact messaging/call costs or processing, we may adjust related rates or features in accordance with Clauses 8.13 and 29.
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.
11.4 Twilio Misuse Indemnity
The Client agrees to indemnify, defend, and hold harmless Smart Stream Pro from any and all claims, damages, enforcement actions, or regulatory penalties arising from the Client’s misuse of provided telephony numbers (e.g., spam, unsolicited messages, fraud), including any costs Smart Stream Pro may incur from Twilio or other carriers as a result of such misuse.
11.5 Inbound vs Outbound Charging. Unless stated otherwise in your Order, inbound SMS to UK numbers are included within plan terms; outbound SMS consume your allowance and incur overage per Clause 9.5. International traffic is billed separately per Clause 9.6.
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.
B.1 Parties & Roles
For UK GDPR/Data Protection Act 2018, the Customer is the Data Controller and SmartStream Pro is the Data Processor for Customer Personal Data processed via the Services.
B.2 Subject Matter & Duration
Subject matter: processing of Customer Personal Data to deliver the Services. Duration: for the subscription term and any limited post-termination retention period required by law.
B.3 Nature & Purpose of Processing
Processing includes hosting, storage, transmission, messaging (calls/SMS/emails), booking data, and analytics needed to operate the Services.
B.4 Categories of Data & Data Subjects
Data Subjects include your prospects, leads, clients, and users. Personal Data: names, contact details, booking info, message content/metadata, and other submitted data.
B.5 Sub-Processors
We use sub-processors, including Stripe, Twilio (via GoHighLevel), GoHighLevel, Google, and Meta. We remain responsible for their compliance with data obligations.
B.6 Processor Obligations
(a) Process Customer Personal Data only on documented instructions; (b) ensure confidentiality of personnel; (c) maintain records as required by law; (d) not combine Customer data with other controller data except as needed for services.
B.7 Security Measures
We apply technical and organizational safeguards (e.g., access control, encryption in transit where applicable, credential management, backups) to protect against unauthorised or unlawful processing.
B.8 Personal Data Breach
We will notify the Customer without undue delay of any Personal Data Breach affecting Customer Personal Data and assist with Customer’s breach-notification duties.
B.9 Data Subject Requests
Processor will assist, when reasonably possible, with Customer’s response to data subject requests (access, rectification, erasure, portability, restriction, objection).
B.10 International Transfers
When transferring data outside the UK, we use approved mechanisms (e.g., UK IDTA, adequacy decisions, or Standard Contractual Clauses).
B.11 Return & Deletion
Upon termination, Customer Personal Data will be deleted in accordance with the Terms. Limited backups may remain for a defined archival period.
B.12 Audits & Information
Upon reasonable notice, we will provide Customer with information necessary to demonstrate compliance and may cooperate with supervisory authorities as required.
B.13 Customer Responsibilities
Customer is responsible for the accuracy, lawfulness, and consent for all Personal Data submitted; for providing required notices; and for configuring Services compliantly.
B.14 Liability & Indemnity
The Customer shall indemnify and hold SmartStream Pro harmless from any claims, fines, damages, or enforcement actions arising from Customer’s misuse of Personal Data. SmartStream Pro’s total liability under this Addendum is limited to the Fees paid by the Customer in the 12 months preceding the claim.
B.15 Contacts
Data protection contact: [email protected]
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.
16.4 Website Access & Liability
Where SmartStreamPro is granted access to a Client’s website, this access is provided solely for the purpose of embedding automation forms or calendars. The Client remains fully responsible for the website, its security, hosting, and content. SmartStreamPro is not liable for website downtime, loss of data, or security issues arising from third-party platforms or prior configurations.
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.
17.3 Review Automation Disclaimer
Automated review requests are sent to all customers. SmartStreamPro cannot filter or influence review content. The Client acknowledges that SmartStreamPro is not responsible for the sentiment, accuracy, or consequences of reviews posted by customers.
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.
19.3 Suspension for Misuse. We may suspend or restrict your access immediately if we reasonably suspect unlawful activity, misuse of telephony numbers, or breach of the Acceptable Use Policy. Access will be restored once the issue is resolved to our satisfaction.
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.
22.6 Third-Party Providers. The Services rely on third-party providers such as Stripe (payments), Twilio (telephony), and GoHighLevel (automation). While we take reasonable steps to ensure continuity, we are not liable for downtime, delays, errors, or failures caused by these providers.
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.
29.3 Amendments. We may amend these Terms from time to time. For material changes, we will provide prior notice by email or within the Services. Your continued use after the effective date constitutes acceptance of the updated Terms.
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) shall be governed by and construed in accordance with the laws of Northern Ireland. The courts of Northern Ireland shall have exclusive jurisdiction.
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).
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