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.
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.
SmarterFlow Systems provides a cloud-based software platform designed for contractors and businesses. The platform may include:
We reserve the right to modify, update, or discontinue any part of the Service at any time without prior notice.
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.
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:
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.
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.
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:
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.
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:
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.
AI and automated systems may, in the course of their operation, accidentally:
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.
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.
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.
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.
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.
The platform integrates with third-party services including but not limited to:
SmarterFlow Systems is not responsible for outages, failures, errors, or data loss caused by third-party providers.
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.
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.
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.
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.
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.
THE SMARTERFLOW SYSTEMS PLATFORM IS NOT DESIGNED, INTENDED, OR CERTIFIED FOR THE STORAGE OF SENSITIVE PERSONAL OR FINANCIAL DATA, INCLUDING BUT NOT LIMITED TO:
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.
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.
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.
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.
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:
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.
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.
You may not use the platform to:
Violation of this policy may result in immediate account suspension or termination without refund.
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.
Upon cancellation or termination of your account:
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.
If you have any questions about these Terms, please contact us at:
Smarter Flow Systems
Email: smarterflowsystem@gmail.com
Website: https://smarterflow.ca