Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your access to and use of the iSmart A.I platform, websites, embedded widgets, and related services (collectively, the "Service"), operated by iSmart A.I ("iSmart", "we", "us", or "our"). By creating an account or using the Service, you agree to these Terms.

2. Eligibility & accounts

You must be at least 18 years old and able to form a binding contract. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.

3. The Service

iSmart provides software that allows roofing contractors to capture homeowner leads, generate satellite-based roof measurements, produce instant quotes and proposals, schedule appointments, and process deposits via Stripe. iSmart is a software provider — we do not perform roofing work, are not party to any contract between contractors and homeowners, and do not guarantee the accuracy of any measurement or estimate.

4. Fees & billing

• Subscription fees are billed in advance on a monthly or annual cadence as selected at signup.
• Setup fees are one-time and non-refundable once onboarding has begun.
• Annual plans are paid up-front for twelve (12) months and are non-refundable except as required by law.
• Payment processing for homeowner deposits is handled by Stripe; standard Stripe fees apply.
• Failure to pay may result in suspension or termination of access.

5. Acceptable use

You agree not to:

• Use the Service to violate any law or third-party rights.
• Send unsolicited communications (spam) in violation of CAN-SPAM, TCPA, or similar laws.
• Reverse engineer, scrape, or attempt to extract source code.
• Resell, sublicense, or white-label the Service to other contractors without an authorized partner agreement.
• Upload malicious code, infringing content, or knowingly false information.

6. SMS messaging terms

Program name: iSmart A.I. Demo Appointment Reminders.

Program description: When a roofing contractor books a software demo or onboarding call with iSmart A.I. and provides a mobile number with SMS consent on our booking form, they agree to receive SMS text messages from iSmart A.I. about that scheduled call — confirmation of the booking, reminders before the call, reschedule or cancellation notices, join links, and replies to questions about the appointment. This is a conversational and transactional program tied to a call the recipient requested; we do not send marketing or promotional blasts.

Message frequency: Message frequency varies by appointment activity; typically 2–4 messages per scheduled call.

Cost: Message and data rates may apply. iSmart A.I. does not charge for text messages; your mobile carrier’s standard rates apply.

Opt-out: Reply STOP at any time to cancel. You will receive a final confirmation message and no further messages will be sent.

Help: Reply HELP for assistance, or contact us at support@ismart-ai.app.

Carriers are not liable for delayed or undelivered messages. Consent to receive text messages is not a condition of purchase. See our Privacy Policy — mobile information and SMS opt-in consent are never sold, rented, or shared with third parties or affiliates for marketing purposes.

7. Customer data

You retain ownership of all data you submit to the Service ("Customer Data"). You grant iSmart a limited license to host, process, and display Customer Data solely to provide and improve the Service. You represent that you have all necessary rights and consents to upload Customer Data and to contact the homeowners who submit leads through your portal.

8. Third-party services

The Service integrates with third-party providers including Stripe, Google (Maps, Solar, Calendar), AI model providers, and email infrastructure. Your use of those services is subject to their own terms and privacy policies. iSmart is not responsible for the acts or omissions of third-party providers.

9. Intellectual property

The Service, including all software, design, content, and trademarks, is owned by iSmart and licensed to you on a non-exclusive, non-transferable basis for the duration of your subscription. All rights not expressly granted are reserved.

10. AI-generated output

The Service uses AI to generate quotes, measurements, chat responses, and proposals. AI output may contain errors. You are solely responsible for reviewing all AI-generated output before relying on it, sending it to a homeowner, or using it as the basis for a contract.

10A. Representations to homeowners & fraud

iSmart is a software tool. You, the contractor, are solely responsible for every price, estimate, warranty, financing, insurance, scheduling, and other claim or representation you make to homeowners, whether made through the Service or otherwise. iSmart does not review, verify, endorse, or guarantee your representations, licensing, insurance, or workmanship.

You agree not to use the Service to engage in fraud, misrepresentation, or deceptive or unfair practices, including false pricing, warranty, financing, or insurance claims, collecting deposits for work you do not intend to perform, or impersonating another business.

If we receive a credible report of, or otherwise reasonably suspect, fraud, misrepresentation, or deceptive practices, we may immediately suspend or terminate your account, disable your homeowner-facing pages and campaigns, and cooperate with homeowners, payment processors, and law enforcement, without prior notice and without refund. You will indemnify iSmart for any claims arising from your representations or conduct as described in Section 13.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. iSMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MEASUREMENTS, ESTIMATES, OR AI OUTPUT WILL BE ACCURATE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, iSMART AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. iSMART'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID iSMART IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

13. Indemnification

You agree to indemnify and hold harmless iSmart, its officers, employees, and affiliates from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of your use of the Service, your Customer Data, or your violation of these Terms or any law.

14. Termination

You may cancel your subscription at any time from the billing portal. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a manner that creates risk for iSmart or other users. Upon termination, your right to access the Service ends; we will retain Customer Data for 30 days, after which it may be permanently deleted.

15. Governing law & disputes

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of laws principles. Any dispute arising from these Terms will be resolved by binding arbitration on an individual basis; you waive the right to participate in a class action.

16. Changes to these Terms

We may modify these Terms from time to time. Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.

17. Contact

Questions about these Terms? Reach us at info@ismart-ai.app.