Terms & Conditions
Consent to Service Communications
By providing your phone number, you consent to receive calls, Whats App, messages via social media apps or websits, texts (SMS/MMS), and prerecorded messages related to your account, orders, installation, billing, support, or other necessary service communications. These communications are required to deliver services and are not considered marketing. Standard carrier message and data rates may apply.
Consent to Marketing Communications
You also consent to receive marketing or promotional communications by selecting the optional checkbox at checkout or elsewhere on our website.
- These may include promotions, special offers, product updates, and partner offers.
- You may receive up to X messages per month.
- Consent is not required to purchase goods or services.
- Your consent remains valid until revoked.
Opt-Out and Revocation
You may revoke consent to receive texts, calls, or emails at any time by:
- Replying STOP to any SMS,
- Clicking unsubscribe in an email, or · Sending a written request to support@smarterbusiness.ai
We will process revocations within 10 business days. Service-related communications may still be sent where permitted by law.
Third-Party Disclosures
- Service providers: We may share your information with third parties that assist in providing required service communications.
- Marketing partners: We will not share your number with third parties for marketing unless you provide explicit opt-in consent.
Recordkeeping
We maintain records of consent and opt-outs to demonstrate compliance with the TCPA, FCC regulations, and applicable state laws.
State-Specific Disclosures
Certain states (including but not limited to Florida, Oklahoma, Washington, and California) impose stricter requirements for telemarketing and SMS marketing. By consenting, you acknowledge that:
- Automated calls/texts may be considered telemarketing under state law.
- State laws may require express written consent, which this Agreement provides.
- You have the right to revoke consent at any time.
Consumer-Facing Consent Language
- By providing your phone number, you agree we may send you order updates, installation reminders, billing notices, and service-related texts.
California Residents Rights
If you are a California resident, you are entitled to the following rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA):
- Right to Know – You have the right to request disclosure of the categories and specific pieces of personal information we have collected about you, the categories of sources from which we collected it, the purposes for which the information is used, and the categories of third parties with whom we share it.
- Right to Delete – You may request that we delete personal information collected from you, subject to applicable legal exceptions (such as where information must be retained for tax, accounting, fraud prevention, or legal compliance).
- Right to Correct – You may request that we correct inaccurate personal information we maintain about you.
- Right to Opt-Out of Sale or Sharing – You may direct us not to sell or share your personal information, including for cross-context behavioral advertising. We will not sell or share your personal information without your consent.
- Right to Limit Use of Sensitive Information – You may request that we limit our use of sensitive personal information (such as Social Security numbers, financial account details, precise geolocation, or biometric data) to only what is necessary to provide the requested services.
- Right to Non-Discrimination – We will not deny goods or services, charge different prices, or provide a different level of service because you exercised your privacy rights. You may exercise these rights by emailing us at support@smarterbusiness.ai or submitting a request through our website. We may require reasonable verification of your identity before processing your request.
Cookies and Tracking Technologies
We use cookies, pixel tags, device identifiers, and similar tracking technologies to:
- Provide and secure our services;
- Personalize your user experience;
- Measure usage and performance;
- Deliver targeted advertising and promotions.
You may control cookies through your browser settings and opt out of certain advertising practices through industry opt-out pages. Disabling cookies may affect the functionality of our website and services.
Class Action Waiver
To the fullest extent permitted by law, you and the Company agree that any disputes, claims, or controversies arising out of or relating to this Privacy Policy, our Terms of Service, or your use of our services will be resolved on an individual basis only. Neither you nor the Company shall have the right to bring, participate in, or receive relief in any purported class, collective, consolidated, representative, or private attorney general action against the other.
This means that you may bring claims against the Company only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless you and the Company agree otherwise in writing, no arbitrator or judge shall consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Governing Law and Jurisdiction
This Privacy Policy and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
You agree that any legal action or proceeding arising under or relating to this Privacy Policy, our Terms of Service, or your use of the services shall be brought exclusively in the state courts located in San Diego County, Orange County, or Los Angeles County, California, or in the federal courts located within those counties. You further consent to the personal jurisdiction and venue of such courts and waive any objection to inconvenient forum.
Third-Party Sharing and Service Providers
We may disclose personal information to trusted third parties, including:
- Service Providers who assist with payment processing, hosting, data analytics, technical support, communications, or fraud prevention;
- Marketing Partners who help us deliver offers, subject to your opt-in consent;
- Affiliates and Corporate Transactions in connection with mergers, acquisitions, or sales of assets;
- Legal and Regulatory Authorities when required by law or to protect our rights, safety, or the safety of others.
We do not sell your personal information for monetary consideration.
Security and Data Retention
We implement reasonable administrative, technical, and physical safeguards to protect personal information from unauthorized access, use, or disclosure. However, no system can be guaranteed to be 100% secure.
We retain personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, to comply with our legal obligations, resolve disputes, and enforce our agreements. When information is no longer needed, it will be securely deleted or anonymized.
Breach Notification
In the event of a data breach involving personal information that creates a real risk of significant harm, we will notify affected individuals and applicable regulatory authorities as required by law.
International Data Transfers
If you access our services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States or other countries where our service providers operate. These jurisdictions may have data protection laws that differ from those of your home country.
Children’s Data
Our services are not directed to or intended for children under 18. We do not knowingly collect or solicit personal information from minors. If we learn that we have collected personal information from a minor without verified parental consent, we will delete it promptly.
Biometric Information
If we collect biometric information (such as facial recognition or voiceprints) for identity verification or fraud prevention, we will obtain your explicit consent before doing so, use the information only for verification purposes, and delete it within the period required by applicable law or upon completion of the verification, whichever is earlier.
Changes to this Privacy Policy
We may update this Privacy Policy from time to time. If we make material changes, we will notify you by posting an updated version on our website and revising the “last updated” date. Your continued use of our services following the posting of changes constitutes your acceptance of such changes.
First Marketing Text
Thanks for signing up! You’re subscribed to receive exclusive promotions and offers from our Company. Up to 15 messages, emails, and communications per month. Reply STOP to unsubscribe. Msg&Data rates may apply.