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Terms of Service

Last Updated: March 23, 2026

IMPORTANT: SmarterFlow Systems is provided "AS IS" without warranties of any kind, express or implied. By creating an account, you acknowledge and accept ALL terms on this page, including the AI & Automation Disclaimer, Data Processing Agreement, Service Level Agreement, Acceptable Use Policy, Security Statement, and Data Retention Policy.

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the SmarterFlow Systems platform ("Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, you may not use the Service. These Terms apply to all users, including free accounts, paid subscriptions, lifetime memberships, trial periods, and any other access method.

2. Description of Service

SmarterFlow Systems provides a cloud-based software platform designed for contractors and businesses. The platform may include:

  • Customer management
  • Scheduling and job management tools
  • Reporting and inspection systems
  • Quoting and invoicing
  • AI-powered automation tools including AI Secretary, AI Phone Bot, and AI assistants
  • Data storage and backup
  • Work order import and processing
  • PDF generation and email delivery

We reserve the right to modify, update, or discontinue any part of the Service at any time without prior notice.

3. Account Responsibilities

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account
  • You must be at least 18 years old to use the Service

4. Data Ownership

  • You retain ownership of the data you upload to the Service
  • By using the Service, you grant SmarterFlow Systems permission to store, process, transmit, and back up your data solely for the purpose of delivering the Service
  • You are responsible for ensuring you have the legal right to upload and store any data within the platform

5. Service Availability

The Service is provided on a best-effort basis. We do not guarantee uninterrupted, continuous, or error-free service. Downtime may occur due to maintenance, updates, software deployments, third-party infrastructure failures, internet disruptions, security incidents, or unforeseen technical issues. You acknowledge that temporary or extended service interruptions may occur without prior notice.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTERFLOW SYSTEMS, ITS OWNERS, OPERATORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Lost profits or revenue
  • Lost data or corrupted records
  • Business interruption or downtime
  • Loss of customers, contracts, or business opportunities
  • Missed calls, messages, or communications
  • Errors in AI-generated content, reports, invoices, or calculations
  • Accidental deletion, modification, or corruption of records by automated systems
  • Failure of AI phone systems, AI Secretary, or any automated communication tools
  • Any damages arising from reliance on AI-generated outputs

TOTAL LIABILITY IS LIMITED TO THE AMOUNT PAID BY THE CUSTOMER IN THE PREVIOUS 12 MONTHS. IN NO EVENT SHALL LIABILITY EXCEED THIS AMOUNT REGARDLESS OF THE CAUSE OF ACTION.

7. Data Backup Disclaimer

While backups may be performed as part of standard operations, SmarterFlow Systems does not guarantee that data loss will never occur. Customers are solely responsible for maintaining independent copies of all important business records, documents, and data. We strongly recommend exporting and backing up your data regularly. SmarterFlow Systems shall not be liable for any data loss, regardless of cause.

8. AI & Automation Disclaimer (IMPORTANT)

CERTAIN FEATURES OF THE SERVICE USE ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND AUTOMATED SYSTEMS. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING:

8.1 Beta & Learning Systems

AI-powered features including but not limited to the AI Secretary, AI Phone Bot, AI voice systems, AI-generated reports, AI-assisted scheduling, and any other AI or automated functionality are provided as beta and learning systems. These systems are continuously being developed, improved, and refined. They may contain errors, produce incorrect outputs, behave unpredictably, or fail without warning.

8.2 AI Phone System & AI Secretary

The AI Phone Bot and AI Secretary are automated systems that handle phone calls, messages, scheduling, and customer interactions on your behalf. You acknowledge and accept that these systems may:

  • Miss, drop, or fail to answer incoming calls
  • Misunderstand caller intent, names, phone numbers, or details
  • Provide incorrect information to callers
  • Schedule appointments at wrong times or dates
  • Fail to relay urgent or emergency messages
  • Create incorrect, duplicate, or incomplete work orders
  • Send messages to wrong recipients
  • Experience downtime, disconnections, or service interruptions
  • Fail to function entirely due to third-party service outages (telephony providers, AI model providers, cloud infrastructure)

SmarterFlow Systems is NOT liable for any lost business, missed calls, missed opportunities, lost customers, or any damages whatsoever resulting from the AI Phone System or AI Secretary failing to perform as expected. These are automated assistance tools, not replacements for human staff. You are responsible for monitoring their performance and maintaining backup communication methods.

8.3 Accidental Data Modification or Deletion

AI and automated systems may, in the course of their operation, accidentally:

  • Delete, modify, or overwrite customer records, work orders, invoices, or other data
  • Change field values such as report types, statuses, amounts, or contact information
  • Create duplicate or erroneous records
  • Corrupt data integrity between related records
  • Modify or remove scheduling, appointment, or calendar entries
  • Alter financial records, totals, or calculations

SmarterFlow Systems SHALL NOT BE LIABLE for any data accidentally deleted, modified, corrupted, or otherwise affected by AI or automated systems. You acknowledge that AI systems can and do make mistakes, and you accept full responsibility for regularly reviewing your data for accuracy and maintaining independent backups of all critical business records.

8.4 No Guarantee of AI Accuracy

All AI-generated outputs — including but not limited to transcriptions, summaries, reports, calculations, scheduling suggestions, customer communications, work order details, and any other AI-produced content — are provided for assistance only. These outputs may be inaccurate, incomplete, or entirely wrong. Users are solely responsible for verifying the accuracy of all AI-generated content before relying on it for any business decision, customer communication, or financial transaction.

8.5 Third-Party AI Providers

AI features rely on third-party AI model providers, telephony services, and cloud infrastructure. SmarterFlow Systems has no control over and accepts no responsibility for outages, errors, changes, or discontinuation of these third-party services. If a third-party AI provider changes their service, introduces errors, or ceases operation, the affected AI features may stop working partially or entirely without notice.

8.6 User Responsibility

You agree that you will NOT hold SmarterFlow Systems liable for any losses, damages, costs, or expenses arising from the use of or reliance on any AI or automated feature. You understand that AI features are tools to assist your business operations, not guaranteed services. You accept full responsibility for supervising AI systems, reviewing their outputs, and maintaining human oversight of all critical business processes.

8.7 User Communications & Compliance (CASL/Anti-Spam)

When the AI Secretary, AI Phone Bot, or any automated system sends text messages, emails, makes phone calls, or initiates any communication to your customers or contacts on your behalf, you are the sender of those communications, not SmarterFlow Systems. SmarterFlow Systems acts solely as a technology platform facilitating those communications at your direction.

You represent and warrant that you have obtained all necessary consents from recipients to receive such communications in compliance with all applicable laws, including but not limited to Canada's Anti-Spam Legislation (CASL), the Telephone Consumer Protection Act (TCPA), and any other federal, provincial, state, or local laws governing electronic communications, telemarketing, and automated calls.

You agree to indemnify, defend, and hold harmless SmarterFlow Systems from any claims, fines, penalties, or legal actions arising from communications sent through the Service on your behalf, including claims that such communications violated any anti-spam, telemarketing, or privacy law.

9. Third-Party Services

The platform integrates with third-party services including but not limited to:

  • Payment processors
  • Cloud hosting and infrastructure providers
  • AI and machine learning model providers
  • Telephony and communication services
  • Email delivery services
  • PDF generation services

SmarterFlow Systems is not responsible for outages, failures, errors, or data loss caused by third-party providers.

10. Payment Terms

  • Paid subscriptions are billed monthly or annually
  • All fees are generally non-refundable except as required by law
  • We reserve the right to change pricing with 30 days notice
  • Failure to pay may result in suspension or termination of your account
  • Free trial periods, lifetime memberships, and promotional accounts are subject to these same Terms

11. Termination

  • You may cancel your account at any time
  • We may suspend or terminate accounts for violation of these Terms, illegal activity, abuse of the Service, or non-payment
  • Upon termination, your right to use the Service will immediately cease
  • We may retain certain information as required by law or for legitimate business purposes
  • You are responsible for exporting your data before termination

12. Indemnification

You agree to indemnify, defend, and hold harmless SmarterFlow Systems and its owners, operators, officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS. WE DO NOT WARRANT THAT AI FEATURES WILL PRODUCE ACCURATE, COMPLETE, OR RELIABLE RESULTS.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on our website. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada. Any disputes arising from these Terms shall be resolved in the courts of Ontario, Canada.

16. Force Majeure

No delay, failure, or default in performance of any obligation under these Terms shall constitute a breach of these Terms to the extent caused by any of the following force majeure events: acts of war, terrorism, or civil unrest; hurricanes, earthquakes, floods, fires, ice storms, or other acts of God or nature; epidemics, pandemics, or public health emergencies; strikes or labor disputes; government orders, regulations, or embargoes; power outages or failures of electrical grids; degradation or failure of telecommunications, internet, or cloud infrastructure services not under the direct control of SmarterFlow Systems (including but not limited to Google Cloud, Firebase, Vercel, Twilio, or any AI model provider); cyberattacks, distributed denial-of-service attacks, ransomware, or other malicious third-party actions; or any other causes beyond SmarterFlow Systems' reasonable control. During any force majeure event, SmarterFlow Systems' obligations shall be suspended for the duration of the event without liability, and no refund, credit, or compensation shall be owed for any resulting downtime or service interruption.

17. Sensitive Data Storage Disclaimer

THE SMARTERFLOW SYSTEMS PLATFORM IS NOT DESIGNED, INTENDED, OR CERTIFIED FOR THE STORAGE OF SENSITIVE PERSONAL OR FINANCIAL DATA, INCLUDING BUT NOT LIMITED TO:

  • Credit card numbers, debit card numbers, or payment card data
  • Bank account numbers or routing numbers
  • Social Insurance Numbers (SIN), Social Security Numbers (SSN), or government-issued identification numbers
  • Health records or protected health information (PHI)
  • Passwords, PINs, or authentication credentials for other services
  • Any data subject to PCI-DSS, HIPAA, or similar regulatory compliance requirements

You should not store such data anywhere in the platform, including notes fields, custom fields, work order descriptions, customer records, or any other text input. If you choose to store sensitive data in the platform despite this warning, you do so entirely at your own risk. SmarterFlow Systems accepts no responsibility or liability for the security, loss, or exposure of any sensitive data stored in the platform in violation of this section.

18. Severability

If any provision of these Terms is found by a court or other competent authority to be unlawful, void, or unenforceable, that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of any remaining provisions, which shall continue in full force and effect. The severed provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19. Assignment

SmarterFlow Systems may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, at any time and without notice, including in connection with a merger, acquisition, sale of assets or equity, corporate restructuring, or by operation of law. You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of SmarterFlow Systems. Any attempted assignment in violation of this section shall be null and void.

20. Entire Agreement & No Oral Modifications

These Terms of Service, together with the Privacy Policy, Data Processing Agreement, Service Level Agreement, Acceptable Use Policy, Security Statement, Data Retention Policy, and any signed Contractor Agreement, constitute the entire agreement between you and SmarterFlow Systems with respect to the use of the Service. These Terms supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. No modification, amendment, or waiver of any provision of these Terms shall be effective unless made in writing and signed or electronically accepted by SmarterFlow Systems. No employee, agent, or representative of SmarterFlow Systems has the authority to bind SmarterFlow Systems with respect to any statement, representation, or warranty not specifically set forth in these Terms. No verbal assurance, email, or informal communication shall override or modify these Terms.

Data Processing Agreement

When you use SmarterFlow Systems, you act as the data controller and SmarterFlow Systems acts as the data processor. We process your data only to deliver the Service.

Security measures include:

  • Encrypted data transmission (TLS/SSL)
  • Controlled system access with authentication
  • Secure cloud infrastructure (Firebase/Google Cloud)
  • Role-based access controls

You are responsible for ensuring you have the legal right to store and process any customer data within the platform, including personal information of your customers, employees, and contacts.

Service Level Agreement

SmarterFlow Systems targets 99.5% uptime. However, uptime is not guaranteed. Maintenance, upgrades, deployments, infrastructure issues, or third-party outages may cause downtime without prior notice. No credits, refunds, or compensation will be provided for any downtime or service interruption.

Acceptable Use Policy

You may not use the platform to:

  • Distribute spam or unsolicited communications
  • Conduct illegal activities
  • Upload malware, viruses, or harmful code
  • Attempt to access other users' data
  • Interfere with system operations or security
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service in any manner that could damage, disable, or impair the Service
  • Impersonate another person or entity
  • Use AI features to generate harmful, abusive, or illegal content

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

Security Statement

SmarterFlow Systems uses reasonable security measures including encrypted connections (TLS/SSL), authentication systems, cloud infrastructure security (Google Cloud/Firebase), and restricted access controls.

However, no method of electronic transmission or storage is 100% secure. We cannot and do not guarantee absolute security. We cannot guarantee that unauthorized third parties will not be able to defeat our security measures or use your information for improper purposes. The Service is provided "as-is" with respect to security. You acknowledge that you provide your information at your own risk, and that SmarterFlow Systems shall have no liability to you or any third party for any unauthorized access to, or use of, your account or data, including but not limited to data breaches, hacking, credential theft, or any other security incident, except to the extent directly caused by our gross negligence.

Data Retention Policy

Upon cancellation or termination of your account:

  • Your access to the Service will end immediately
  • Data may be retained temporarily for backup and legal compliance purposes
  • Data may be permanently deleted after a retention period at our sole discretion
  • We are under no obligation to retain your data after account termination

You are solely responsible for exporting and backing up your data prior to account termination. SmarterFlow Systems shall not be liable for any data loss after account cancellation or termination.

Contact Us

If you have any questions about these Terms, please contact us at:

Smarter Flow Systems

Email: smarterflowsystem@gmail.com

Website: https://smarterflow.ca

© 2026 Smarter Flow Systems. All rights reserved.