Terms & Conditions

By subscribing to, accessing, or using Smart Business Phone services (“Service”), you (“Customer,” “you,” or “your”) agree to be bound by these Terms and Conditions (“Terms”). These Terms constitute a legally binding agreement between you and Profit Solutions LLC (“Company,” “we,” “us,” or “our”).

🚨 Important Notice

If you do not agree to these Terms, do not use our Service. Your continued use of the Service constitutes acceptance of any modifications to these Terms.

These Terms apply to all users of our Service, including but not limited to:

Individual professionals and sole practitioners
Small to medium-sized businesses
Large enterprises and corporations
Professional service firms (legal, medical, consulting)
Any organization using our AI phone system

2. Service Description

Smart Business Phone is an AI-powered phone system that provides:

Core Services

24/7 Call Answering: Automated response to incoming calls with AI conversation capabilities
Appointment Scheduling: Integration with calendar systems for automated booking
Lead Qualification: Intelligent screening and categorization of potential customers
Call Recording & Transcription: Audio recording and text conversion of conversations
CRM Integration: Automatic data entry into customer relationship management systems
Multi-language Support: Conversation capabilities in multiple languages
Industry-Specific Training: AI customization for various business sectors

Service Delivery

Our Service is delivered as Software-as-a-Service (SaaS) through cloud-based infrastructure. You access the Service through:

Dedicated phone numbers assigned to your account
Web-based dashboard for configuration and monitoring
API integrations with third-party business systems
Mobile applications for service management

💡 Service Evolution

If you do not agree to these Terms, do not use our Service. Your continued use of the Service constitutes acceptance of any modifications to these Terms.

3. Account Setup & Activation

Registration Requirements

To use our Service, you must:

Be at least 18 years old or the age of majority in your jurisdiction
Have legal authority to bind your organization to these Terms
Provide accurate and complete registration information
Maintain current contact and billing information
Use the Service for legitimate business purposes only

Account Activation Process

Order Placement: Complete subscription signup and payment
Information Collection: Provide business details and requirements
AI Training: Our team customizes AI for your business (typically 12-24 hours)
Setup Call: Configuration consultation with our specialists
Testing Phase: Service testing and final adjustments
Go-Live: Full service activation (within 24 hours)

Account Security

You are responsible for:

Maintaining confidentiality of account credentials
All activities occurring under your account
Immediately notifying us of unauthorized access
Using strong passwords and enabling two-factor authentication when available

4. Pricing & Billing

Subscription Plans

We offer various subscription plans with different features and usage allowances:

Essential Plans: Starting at $199/month with basic features
Professional Plans: Starting at $399/month with advanced capabilities
Enterprise Plans: Custom pricing for large organizations

Billing Terms

Billing Cycle: Monthly, with charges processed on the same day each month
Payment Methods: Credit card, debit card, ACH bank transfer
Currency: All prices in US Dollars (USD)
Automatic Renewal: Subscriptions auto-renew unless cancelled
Failed Payments: Service may be suspended after 7 days of non-payment

Price Changes

We reserve the right to modify pricing with 30 days advance notice. Price increases will not affect your current billing cycle but will apply to subsequent renewals.

⚠️ No Setup Fees

Unlike many competitors, we do not charge setup, activation, or onboarding fees. Your first payment begins your monthly subscription.

5. Usage Limits & Overages

Included Minutes

Essential Plans: 500 minutes per month
Professional Plans: 1,000 minutes per month
Enterprise Plans: Custom allocation based on agreement

Overage Charges

Usage beyond included minutes incurs overage charges:

Essential Plans: $0.45 per minute over 500 minutes
Professional Plans: $0.35 per minute over 1,000 minutes
Overage charges are billed with your next monthly invoice
You can monitor usage through your dashboard

Fair Use Policy

While we don’t impose hard limits on call volume, usage must be reasonable and consistent with normal business operations. Excessive usage that impacts system performance may require plan upgrades or service optimization.

📊 Usage Monitoring

Track your usage in real-time through our dashboard. Set up alerts to notify you when approaching your monthly limits.

6. Acceptable Use Policy

Permitted Uses

Our Service may be used for legitimate business purposes including:

Customer service and support
Lead generation and qualification
Appointment scheduling and management
Information dissemination about your business
Professional consultation intake
Emergency service coordination

Prohibited Uses

You may NOT use our Service for:

Illegal Activities: Any unlawful purposes or activities
Harassment: Unwanted, threatening, or abusive communications
Spam/Telemarketing: Unsolicited commercial communications
Fraud: Deceptive practices or misrepresentation
Adult Content: Sexually explicit or inappropriate material
Hate Speech: Discriminatory or offensive content
System Abuse: Attempts to disrupt or harm our infrastructure
Competitive Intelligence: Using our Service to analyze competitors

🚫 Violation Consequences

Violations may result in service suspension, account termination, and/or legal action. We reserve the right to refuse service to any customer.

Content Standards

All content processed through our Service must comply with applicable laws and professional standards. You are responsible for ensuring your use complies with industry regulations (HIPAA, attorney-client privilege, etc.).

7. Data Privacy & Security

Data Collection & Processing

We collect and process the following types of data:

Account Information: Contact details, billing information, business profile
Call Data: Phone numbers, call duration, conversation content
Usage Analytics: Service usage patterns and performance metrics
Integration Data: Information from connected third-party systems

Data Security Measures

Encryption: All data encrypted in transit and at rest
Access Controls: Role-based access with multi-factor authentication
Infrastructure Security: SOC 2 compliant hosting and monitoring
Regular Audits: Third-party security assessments and penetration testing
Incident Response: 24/7 monitoring and rapid response procedures

Data Retention & Deletion

Call recordings retained for 12 months unless otherwise specified
Account data retained for 7 years for billing and legal purposes
Data deletion available upon request (subject to legal retention requirements)
Automatic data purging based on retention policies

Compliance Standards

Our Service maintains compliance with:

HIPAA: Healthcare information protection (Business Associate Agreements available)
GDPR: European data protection regulations
CCPA: California consumer privacy rights
SOX: Financial data protection standards
Attorney-Client Privilege: Legal communication confidentiality

🔒 Privacy by Design

Privacy and security are built into our Service from the ground up. See our separate Privacy Policy for detailed information about data handling practices.

8. Service Availability

Uptime Commitment

We strive to maintain 99.9% uptime for our Service, measured monthly. This excludes:

Scheduled maintenance (announced 24 hours in advance)
Emergency maintenance for security or stability
Third-party service provider outages
Internet connectivity issues outside our control
Customer configuration errors or misuse

Service Monitoring

24/7 system monitoring and alerting
Proactive issue detection and resolution
Real-time status reporting via status.smartbusinessphone.com
Automatic failover and redundancy systems

Maintenance Windows

Scheduled maintenance typically occurs:

Outside business hours (11 PM – 5 AM EST)
With advance notification via email and dashboard
Limited to essential updates and improvements
Designed to minimize service disruption

📈 Service Credits

If we fail to meet our 99.9% uptime commitment, you may be eligible for service credits. Contact support within 30 days of any outage to request credits.

9. Service Modifications

Feature Updates

We regularly improve our Service by:

Adding new AI capabilities and features
Expanding integration options
Improving user interface and experience
Enhancing security and compliance features
Optimizing performance and reliability

Notice of Changes

Feature Additions: No advance notice required (new features typically free)
Feature Modifications: 30 days advance notice for significant changes
Feature Removals: 90 days advance notice with migration assistance
Terms Changes: 30 days advance notice via email and dashboard

Backward Compatibility

We strive to maintain backward compatibility with existing integrations and configurations. When breaking changes are necessary, we provide:

Migration tools and assistance
Extended support for legacy features
Alternative solutions and workarounds
Direct technical support during transitions

10. Termination & Cancellation

Cancellation by Customer

You may cancel your subscription at any time:

Notice Required: 30 days written notice
Cancellation Methods: Dashboard self-service, email, or phone
Service Continuation: Access continues through end of billing period
Data Export: 30 days to export your data after cancellation

Termination by Company

We may terminate your account for:

Violation of these Terms or Acceptable Use Policy
Non-payment after 30 days past due
Fraudulent or illegal activity
Abuse of our support resources
Violation of intellectual property rights

Effect of Termination

Upon termination:

Service access is immediately suspended
Data retention follows our standard policies
Outstanding charges remain due and payable
No refund for unused portions of prepaid services
Phone numbers may be reassigned after 90 days

💡 Customer Success

Plan your cancellation carefully. Once service is terminated, incoming calls will not be answered by our system. Consider call forwarding arrangements

11. Refunds & Money-Back Guarantee

60-Day Money-Back Guarantee

We offer a 60-day money-back guarantee for new customers:

Eligibility: First-time subscribers only
Time Limit: Request within 60 days of first payment
Refund Amount: Full refund of subscription fees paid
Usage Charges: Overage fees are non-refundable
One-Time Benefit: Limit one guarantee per customer/organization

Refund Process

Contact our support team via email or phone
Provide account information and reason for refund
Complete brief feedback survey (optional but appreciated)
Refund processed within 5-7 business days
Service access terminated upon refund processing

Other Refund Situations

Service Outages: Credits for extended downtime exceeding SLA
Billing Errors: Prompt correction and refund of erroneous charges
Duplicate Charges: Immediate refund of duplicate payments
Prorated Refunds: Generally not available except as noted above

💡 Customer Success

Before requesting a refund, consider contacting our customer success team. We’re often able to resolve issues and optimize your service for better results.

12. Limitations of Liability

Service Limitations

You acknowledge that our Service:

Is provided “as is” without warranties of any kind
May experience occasional outages or performance issues
Cannot guarantee 100% accuracy in AI responses
Depends on third-party services and infrastructure
May not be suitable for life-threatening emergency services

Liability Caps

Our total liability to you is limited to:

The amount you paid us in the 12 months preceding the claim
No liability for indirect, incidental, or consequential damages
No liability for lost profits, data, or business opportunities
No liability for third-party actions or content

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

Natural disasters, wars, or acts of terrorism
Government actions or regulatory changes
Internet or telecommunications failures
Third-party service provider outages
Cyber attacks or security breaches affecting third parties

🚨 Emergency Services Disclaimer

Our Service is NOT intended for emergency services (911). Do not rely on our AI system for life-threatening situations. Ensure you have appropriate emergency procedures in place.

13. Indemnification

You agree to indemnify, defend, and hold harmless Profit Solutions LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

Your use of our Service in violation of these Terms
Your violation of applicable laws or regulations while using our Service
Content you provide or generate through our Service
Your business practices or customer interactions
Infringement of third-party intellectual property rights
Breach of confidentiality or privacy obligations
Unauthorized access to or use of your account

Indemnification Process

We will:

Promptly notify you of any covered claims
Cooperate reasonably in the defense
Allow you to control the defense and settlement (with our consent)
Provide necessary documentation and assistance

This indemnification survives termination of these Terms and your use of our Service.

14. Intellectual Property

Our Intellectual Property

We retain all rights to:

Smart Business Phone software, algorithms, and AI models
Trademarks, service marks, and brand names
Documentation, training materials, and methodologies
Improvements and enhancements to our Service
Aggregated and anonymized usage data and insights

Your Intellectual Property

You retain ownership of:

Your business content and information
Customer data and communications
Custom configurations and workflows
Integration data from your systems

License Grants

You grant us a limited license to:

Use your content to provide our Service
Process and store your data as necessary
Create anonymized analytics and improvements
Display your business information as configured

Infringement Claims

If you believe our Service infringes your intellectual property rights, please contact us with:

Description of the copyrighted work or trademark
Identification of the allegedly infringing material
Your contact information and electronic signature
Statement of good faith belief that use is not authorized
Statement that the notification is accurate under penalty of perjury

15. Industry Compliance

Healthcare (HIPAA)

For healthcare customers:

Business Associate Agreement (BAA) available upon request
PHI handling procedures in place
Access controls and audit logging
Encrypted storage and transmission
Staff training on HIPAA requirements

Legal Services

For legal professionals:

Attorney-client privilege protection
Conflict checking support
Ethical communication standards
Confidentiality safeguards
Professional responsibility compliance

Financial Services

For financial professionals:

SOX compliance capabilities
Financial data protection
Regulatory communication standards
Audit trail maintenance
SEC and FINRA consideration

General Business Compliance

TCPA compliance for automated calling
CAN-SPAM Act compliance
State and federal privacy laws
Industry-specific regulations as applicable
International compliance (GDPR, etc.)

⚖️ Compliance Responsibility

While we provide compliant infrastructure, you remain responsible for ensuring your use of our Service complies with all applicable laws and professional standards in your jurisdiction and industry.

15. Industry Compliance

Healthcare (HIPAA)

For healthcare customers:

Business Associate Agreement (BAA) available upon request
PHI handling procedures in place
Access controls and audit logging
Encrypted storage and transmission
Staff training on HIPAA requirements

Legal Services

For legal professionals:

Attorney-client privilege protection
Conflict checking support
Ethical communication standards
Confidentiality safeguards
Professional responsibility compliance

Financial Services

For financial professionals:

SOX compliance capabilities
Financial data protection
Regulatory communication standards
Audit trail maintenance
SEC and FINRA consideration

General Business Compliance

TCPA compliance for automated calling
CAN-SPAM Act compliance
State and federal privacy laws
Industry-specific regulations as applicable
International compliance (GDPR, etc.)

⚖️ Compliance Responsibility

While we provide compliant infrastructure, you remain responsible for ensuring your use of our Service complies with all applicable laws and professional standards in your jurisdiction and industry.

16. Dispute Resolution

Initial Resolution Attempts

Before formal proceedings, we encourage:

Direct communication with our customer service team
Escalation to management for unresolved issues
Good faith negotiations to resolve disputes
Documentation of issues and attempted resolutions

Mediation

For disputes not resolved through direct communication:

Either party may request mediation
Mediation through American Arbitration Association (AAA)
Location: Los Angeles, California
Costs shared equally between parties
Confidential and non-binding process

Arbitration

If mediation fails, disputes will be resolved through binding arbitration:

AAA Commercial Arbitration Rules apply
Single arbitrator for claims under $75,000
Panel of three arbitrators for larger claims
Location: Los Angeles, California (or mutually agreed)
Discovery limited and expedited process
Arbitrator’s decision is final and binding

Class Action Waiver

Both parties waive the right to participate in class actions, mass arbitrations, or representative proceedings. Disputes must be brought individually.

Small Claims Court

Either party may pursue claims in small claims court if the dispute qualifies under applicable small claims rules and jurisdictional limits.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles

Jurisdiction

Any legal proceedings not subject to arbitration will be brought exclusively in the state or federal courts located in Los Angeles County, California. Both parties consent to the jurisdiction of these courts.

International Customers

For customers outside the United States:

California law still governs these Terms
Local consumer protection laws may also apply
Currency conversion at time of transaction
Additional compliance requirements may apply
Data transfer and privacy laws of your jurisdiction apply

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

18. Contact Information

Customer Support

Phone: (877) 646-9190 (24/7)
Email: support@profitsolutions.com
Live Chat: Available through your account dashboard
Emergency: (877) 646-9191 (urgent technical issues)

Legal and Compliance

Legal Notice: legal@profitsolutions.com
Privacy Officer: privacy@profitsolutions.com
Compliance: compliance@profitsolutions.com
Copyright Claims: dmca@profitsolutions.com

Business Development

Partnerships: partners@profitsolutions.com
Enterprise Sales: enterprise@profitsolutions.com
Reseller Program: resellers@profitsolutions.com

📧 Important Communications

Ensure our email domains are whitelisted in your spam filters. Important service notifications and legal notices are sent via email.

Questions About These Terms?

Our team is available 24/7 to help clarify any aspects of our Terms and Conditions.