Terms of Service
Effective date: October 22, 2026
These Terms of Service (the “Terms”) are a binding agreement between you and SmartBTN LLC, a Wyoming limited liability company with its registered address at 30 N Gould St Ste R, Sheridan, WY 82801, USA (“Smartbtn”, “we”, “us”). They govern your access to and use of smartbtn.me, the Smartbtn dashboard, web and mobile apps, chat widget, AI assistants, APIs and related services (together, the “Service”).
Please read Section 18 carefully. It requires most disputes to be resolved by individual binding arbitration and waives class actions and jury trials, unless you opt out within 30 days. Section 6 explains how paid plans renew from your balance, the optional automatic top-up of the balance from your card, and how to turn them off.
1. Acceptance of these Terms
1.1. By creating an account, installing the widget, clicking “Sign up”, “Pay” or a similar button, or otherwise using the Service, you accept these Terms, our Privacy Policy, our Refund and Cancellation Policy and our Cookie Policy, which are incorporated by reference.
1.2. If you use the Service on behalf of a company or other organization, you represent that you are authorized to bind it, and “you” means that organization. If you do not agree to these Terms, do not use the Service.
1.3. A signed order form or other written agreement with us prevails over these Terms to the extent of a conflict.
2. Definitions
- Account — your account in the Smartbtn dashboard, including the projects, buttons and team members under it.
- Customer — the person or organization that holds the Account and pays for the Service.
- Customer Site — any website, app or channel where you install the widget or connect the Service.
- Visitor — a person who interacts with a Customer Site, the widget or a connected messaging channel.
- Customer Data — content and data submitted to the Service by you, your team members or Visitors, including chat messages, files, contact details, knowledge-base materials and visitor activity collected through the widget.
- Plan — the free or paid package of features, seats, limits and AI usage you select on the pricing page or in the dashboard.
- AI Features — AI assistants, automatic replies, summaries, translations, classifications and other features that use machine-learning models, including models of third-party providers.
3. Eligibility and accounts
3.1. The Service is a business tool. You must be at least 18 years old and able to form a binding contract. The Service is not directed to children under 13 and you may not use it to knowingly collect personal information from children under 13 (or a higher age where local law requires) without verifiable parental consent as required by the Children’s Online Privacy Protection Act (COPPA) and similar laws.
3.2. You must give accurate registration information, keep it up to date and keep your credentials confidential. You are responsible for all activity under your Account, including the actions of team members and operators you invite. Notify us promptly at info@smartbtn.me if you suspect unauthorized access.
3.3. We may ask you to verify your identity or payment details and may refuse or limit service where we reasonably suspect fraud, abuse or a breach of these Terms.
4. The Service
4.1. Subject to these Terms and your Plan, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription to access and use the Service for your internal business purposes, and to install the widget code on Customer Sites you control.
4.2. The Service includes, depending on your Plan: a website chat widget; a shared inbox for chats and connected messengers, social networks and marketplaces; callback, quizzes, invitations and broadcasts; tickets; analytics and visitor activity; AI Features; and APIs and webhooks.
4.3. We continuously improve the Service and may add, change or remove features. If we remove a material feature of a paid Plan during your current paid period, we will give you reasonable notice and, if you are materially affected, a pro-rata refund of the prepaid fees for the remaining period on request.
4.4. Features labeled beta, preview or experimental are provided “as is”, may change or be discontinued and are excluded from any service commitments.
5. Plans, trials, payment and taxes
5.1. Prices, Plan contents and limits are shown on the pricing page and in the dashboard at the time of purchase. A free Plan may have limits on seats, messages, AI usage or features that we may change on reasonable notice.
5.2. The Service is prepaid. You top up the balance of your Account (wallet) using the payment methods available in your dashboard at the time of payment (including payment by invoice), and fees for Plans, seats, AI usage and add-ons are charged from that balance. If you start a trial, the dashboard shows when it ends; a trial does not charge you.
5.3. The set of payment methods depends on your country, currency and Account and may change. Payments other than by invoice are processed by third-party payment providers, whose terms and privacy notices also apply to the payment. We do not store full payment card numbers.
5.4. Fees are charged in the currency of your balance. Payments and charges are non-refundable except as stated in the Refund and Cancellation Policy or required by law. Prices exclude taxes; you are responsible for sales, use, value-added and similar taxes, except taxes on our income.
5.5. We may change prices. We announce price changes in advance on the website or by email; a new price applies to charges made after it takes effect, including renewals. If you do not agree, turn off renewal before the next charge.
5.6. If the balance is not sufficient for a renewal, the Plan may stay active for a short grace period, after which paid features may be limited until the balance is topped up. Please contact us before disputing a payment with your bank; unjustified chargebacks may lead to suspension of the Account.
6. Renewal, automatic top-up and cancellation
6.1. Paid Plans renew automatically for the same period (for example, a month or a year) when the current period ends, and the fee for the new period is charged from your Account balance, until you turn renewal off.
6.2. Automatic top-up is optional and off unless you turn it on (where it is available for your Account and payment method). If you turn it on, you authorize us to charge the card you saved with the payment provider for the amount you chose whenever your balance falls below the threshold you set, up to the monthly limit you set. If a charge is declined, we may retry it a few times and then pause automatic top-up and notify you.
6.3. You can turn off renewal of a Plan and automatic top-up at any time in the dashboard (Billing section) without contacting support, or by emailing info@smartbtn.me from your account email. After renewal is turned off, the Plan stays active until the end of the paid period.
6.4. Refunds are governed by our Refund and Cancellation Policy.
7. Customer Data and Visitor privacy
7.1. As between you and us, you own Customer Data. You grant us a worldwide, non-exclusive license to host, copy, process, transmit and display Customer Data only to provide, secure, support and improve the Service, to comply with law and as otherwise instructed by you.
7.2. For personal information of Visitors and of your contacts processed through the Service, you are the business/controller and we act as your service provider/processor. We process such data on your documented instructions as described in the Privacy Policy. A data processing addendum (including EU Standard Contractual Clauses where needed) is available on request at info@smartbtn.me.
7.3. You are responsible for the lawfulness of Customer Data and of your instructions. In particular, you must: (a) publish a privacy notice on each Customer Site that describes the use of the widget, chat, AI Features and visitor activity collection; (b) obtain any consent required for cookies, visitor tracking, chat recording and marketing messages; (c) honor Visitors’ privacy requests and opt-outs; and (d) not submit to the Service payment card numbers, government identifiers, health, biometric or other sensitive data except where the Service expressly supports it and the law allows it.
7.4. You may export Customer Data from the dashboard or through the API during your subscription. To close your Account and have your data deleted, email info@smartbtn.me from your account email; we will complete the request within the time limits required by applicable law (for example, 45 days under the CCPA), except for data we must keep by law, billing records and data in backups until they rotate.
8. AI Features
8.1. AI Features generate output automatically. Output may be inaccurate, incomplete, offensive or similar to output produced for others. You are responsible for reviewing output before relying on it and for the answers your assistants give to Visitors, and you should configure assistants to hand conversations over to a human where accuracy matters.
8.2. AI Features may be powered by third-party model providers (for example OpenAI, Anthropic, Google, DeepSeek, Yandex or Sber). When you connect your own API key (“bring your own key”), your use of that provider is also governed by your agreement with that provider, and usage is billed by that provider to you.
8.3. We do not use Customer Data to train general-purpose AI models made available to other customers. Your knowledge base and conversation history are used to answer within your Account, including features that improve your assistants over time if you enable them.
8.4. Where the law requires it (for example, the California Bot Disclosure Law), you must disclose to Visitors that they are communicating with an automated assistant. You may not use AI Features to make decisions that produce legal or similarly significant effects on individuals without meaningful human review, or for any purpose prohibited by the provider’s usage policies or by law.
9. Acceptable use
You agree not to, and not to allow others to:
- send spam or unsolicited messages, or send marketing messages without the consent and opt-out mechanisms required by the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), anti-spam laws and the rules of the messaging channels you connect;
- upload or transmit unlawful, infringing, defamatory, harassing, sexually exploitative, hateful or deceptive content, malware or phishing;
- collect or process personal information in violation of privacy laws, including tracking Visitors without required notice or consent;
- probe, scan or test the vulnerability of the Service, bypass limits or security measures, or interfere with its operation (load testing requires our written permission);
- reverse engineer, copy or resell the Service, or use it to build a competing product, except as permitted by law;
- misrepresent your identity or affiliation, impersonate others, or use the Service for fraud, unlawful gambling or other illegal activity;
- use the Service in violation of export control or sanctions laws.
10. Third-party services
The Service connects to third-party services you choose — messengers, social networks, marketplaces, email, telephony, payment and AI providers. Those services are governed by their own terms, may change or stop working with the Service, and are not under our control. We are not responsible for them, but we will make reasonable efforts to keep supported integrations working.
11. Intellectual property and feedback
11.1. The Service, including software, the widget code, designs, documentation and trademarks, is owned by us or our licensors and protected by intellectual property laws. Except for the rights expressly granted in these Terms, no rights are transferred to you.
11.2. If you send us suggestions or feedback, we may use them without restriction or compensation.
11.3. We may identify you as a customer by name and logo in our marketing materials unless you object by email at any time; we will stop such use within a reasonable time after your objection.
12. Confidentiality
Each party will protect the other’s non-public information disclosed in connection with the Service with at least reasonable care and use it only to perform under these Terms, except where disclosure is required by law (with prompt notice where lawful).
13. Suspension and termination
13.1. You may stop using the Service at any time. To close your Account, email info@smartbtn.me from your account email.
13.2. We may suspend or terminate access, in whole or in part, with notice where practicable, if you materially breach these Terms and do not cure the breach within 5 days after notice; immediately if necessary to prevent harm to the Service, Visitors or third parties, to comply with law or a lawful order, or in cases of fraud, spam or abuse; or if a paid balance remains unpaid after notice.
13.3. If we terminate for convenience or discontinue the Service, we will refund prepaid fees for the unused period. Sections that by their nature should survive (including 5, 7.4, 8.1, 11, 12 and 15–21) survive termination.
14. Availability and support
We aim to keep the Service available around the clock and run it on geographically distributed infrastructure, but we do not guarantee uninterrupted or error-free operation unless a written service-level agreement says otherwise. We may perform scheduled maintenance, preferably at low-traffic hours, and will announce extended maintenance in advance where practicable. Support is provided through the dashboard chat and by email.
15. Disclaimer of warranties
Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the maximum extent permitted by law, we and our suppliers disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy of AI output. Some jurisdictions do not allow these exclusions, so they may not apply to you.
16. Limitation of liability
16.1. To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of their possibility.
16.2. To the maximum extent permitted by law, each party’s total liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid to us for the Service in the 12 months before the event giving rise to the liability and (b) one hundred US dollars (USD 100).
16.3. These limits do not apply to your payment obligations, to a party’s indemnification obligations, or to liability for fraud, gross negligence, willful misconduct, or any liability that cannot be limited by law.
17. Indemnification
You will defend and indemnify us and our affiliates, officers and employees against third-party claims, and related losses, fines and reasonable legal fees, arising from Customer Data, your Customer Sites, your messages to Visitors, or your breach of these Terms or of law. We will defend and indemnify you against third-party claims alleging that the Service, as provided by us, infringes a US patent, copyright or trademark, except for claims caused by Customer Data, third-party services or your modifications. The indemnified party must give prompt notice, reasonable cooperation and control of the defense to the indemnifying party.
18. Dispute resolution, arbitration and class action waiver
18.1. Informal resolution. Before filing a claim, each party agrees to try to resolve the dispute informally by sending a written notice describing the claim and the relief sought (to us at info@smartbtn.me and by mail to 30 N Gould St Ste R, Sheridan, WY 82801, USA). If the dispute is not resolved within 30 days, either party may begin arbitration.
18.2. Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or, where you use the Service as a consumer, its Consumer Arbitration Rules), before a single arbitrator. The Federal Arbitration Act governs this Section. The arbitration will take place in Sheridan County, Wyoming, or by video conference or written submissions if the parties agree or the rules allow. Judgment on the award may be entered in any court of competent jurisdiction.
18.3. Class action and jury waiver. Each party may bring claims only in its individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate claims of more than one person. Each party waives the right to a jury trial.
18.4. Exceptions. Either party may bring an individual action in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information or to stop misuse of the Service.
18.5. Opt-out. You may opt out of this arbitration agreement by emailing info@smartbtn.me with the subject “Arbitration opt-out” within 30 days after you first accept these Terms. If you opt out, or if this Section 18 is found unenforceable, disputes will be resolved exclusively in the state or federal courts located in the State of Wyoming, and both parties consent to their personal jurisdiction.
18.6. Governing law. These Terms are governed by the laws of the State of Wyoming and applicable US federal law, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply. Nothing in these Terms limits mandatory consumer protections that apply to you under the law of your place of residence.
19. Export controls and sanctions
You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive US sanctions, and that you are not on, or owned or controlled by a person on, a US government restricted-party list. You will not use, export or re-export the Service in violation of US or other applicable export control and sanctions laws.
20. Changes to these Terms
We may update these Terms from time to time. The effective date above shows the latest version. For material changes we will let you know in advance on the website or by email, except where a change is required by law or concerns new features. If you do not agree with a change, you may cancel before it takes effect; continued use after the effective date means acceptance.
21. General
21.1. These Terms, together with the documents referred to in them and any order form, are the entire agreement between the parties about the Service and supersede prior agreements on that subject.
21.2. You may not assign these Terms without our consent; we may assign them to an affiliate or to a successor in a merger, acquisition or sale of assets, with notice to you.
21.3. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, war, acts of government, power or internet failures, or attacks on infrastructure (other than payment obligations).
21.4. We may send notices by email to the address on your Account or in the dashboard; you consent to receive communications electronically. Your notices to us must be sent to info@smartbtn.me.
21.5. If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver. There are no third-party beneficiaries. Translations are for convenience; the English version controls.
22. Contact
SmartBTN LLC
30 N Gould St Ste R, Sheridan, WY 82801, USA
Email: info@smartbtn.me