Terms of Service

1. About Us

These Terms of Service ("Terms") govern your use of the SMFlow platform and services ("Service") operated by SMFlow Ltd, a company registered in England and Wales (Company No. 17161173).

Address: 5 Brayford Square, London, E1 0SG, United Kingdom

Contact: support@smflow.io

2. Acceptance of Terms

By registering for or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Refund Policy. If you do not agree, you must not use the Service. You must be at least 18 years of age to use the Service.

3. Description of Service

SMFlow is an AI-powered customer messaging platform that enables businesses to automate customer conversations via messaging channels including Web Chat and Telegram. The Service includes automated AI responses, appointment booking management, Google Calendar integration, conversation dashboards, and owner notifications.

The Service relies on third-party AI providers to generate responses. AI-generated content may not always be accurate, complete, or appropriate. You are responsible for monitoring communications sent on your behalf and for ensuring they comply with applicable laws and messaging platform policies. We may change AI providers from time to time; for material changes we may provide notice via the platform or by email.

Your responsibility for AI output: You remain solely responsible for reviewing, approving, and taking any action based on AI-generated responses before they are relied upon in your business operations. You should not rely on AI output for decisions that require professional advice (legal, medical, financial, or similar).

4. Account Registration

You must provide accurate, current, and complete information when creating an account and keep it updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@smflow.io if you suspect any unauthorised use of your account.

5. Plans, Trials & Billing

Plans & current pricing: SMFlow offers a Free plan and one or more paid tiers (currently Starter and Pro). Current plan limits, included features, and prices are published at staging.smflow.io/#pricing and may be updated from time to time. By subscribing to a paid plan, you agree to the current published price and quotas for that plan as of the date of purchase.

Free Trial: Starter and Pro plans include a 14-day free trial with no credit card required. At the end of the trial period, a 3-day grace period applies, after which your account is automatically downgraded to the Free Plan if no payment method has been added.

Billing & Merchant of Record: Paid plans are billed monthly in advance. Subscription payments are processed by our Merchant of Record, Stripe, who handles checkout, payment, sales tax/VAT collection, invoicing, and chargebacks. By subscribing you authorise us (via Stripe) to charge your payment method on a recurring monthly basis until you cancel.

Taxes: Any applicable sales tax or VAT is calculated and added at checkout by our Merchant of Record based on your billing location.

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period for which you have paid.

Price Changes: We reserve the right to modify pricing. We will provide reasonable advance notice of any price increase affecting your subscription (typically at least 14 days via email or in-app notice). Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.

6. Refunds

Paid subscriptions are non-refundable once started. You may evaluate the Service in full during the 14-day free trial, which precedes any payment. You may cancel a paid subscription at any time, with cancellation taking effect at the end of the current billing period. Full details, including statutory consumer rights and limited exceptions, are set out in our Refund Policy.

7. Acceptable Use

You agree not to use the Service to:

• Send spam, unsolicited messages, or deceptive communications
• Violate any applicable law or regulation, including data protection and consumer protection laws
• Infringe the intellectual property or privacy rights of any third party
• Distribute harmful, abusive, threatening, harassing, defamatory, or obscene content
• Impersonate any person or entity
• Engage in any activity that violates the terms of use of any messaging platform connected to the Service
• Attempt to gain unauthorised access to the Service or its underlying infrastructure
• Use the Service to engage in any fraudulent or illegal activity
• Resell, sublicense, or otherwise commercialise access to the Service without our written consent

We reserve the right to suspend or terminate your account without notice if we reasonably determine that you have violated these provisions.

8. Your Responsibilities as a Business Operator

By using the Service to communicate with your customers, you represent and warrant that:

• You have obtained all necessary consents from your customers to receive automated AI-powered messages
• Your use of the Service complies with all applicable data protection laws, including the UK GDPR and the Data Protection Act 2018
• You will provide your customers with clear information about the use of AI in communications
• You will comply with the policies of any third-party messaging platform you connect to the Service
• The business information you provide is accurate and does not mislead customers

9. Third-Party Services & Integrations

The Service integrates with and relies upon third-party services for AI processing, hosting, database, email delivery, billing, and connected messaging platforms. The current list of subprocessors and third-party services is set out in our Privacy Policy. Your use of these integrations is subject to the respective terms and privacy policies of those providers. We are not responsible for the availability, accuracy, or practices of third-party services, and we may change or replace them from time to time.

10. Intellectual Property

SMFlow Ltd retains all intellectual property rights in the Service, including the platform, software, design, and content. You retain ownership of your business data and customer conversation content. By using the Service, you grant SMFlow Ltd a limited licence to process and store your data solely for the purpose of providing the Service.

11. Service Availability & Modifications

We aim to maintain high availability but do not guarantee uninterrupted, error-free service. We reserve the right to modify, suspend, or discontinue aspects of the Service, with reasonable notice where practicable. We will make reasonable efforts to provide advance notice of significant changes or planned maintenance, except where immediate action is required for security, legal, or operational reasons.

12. Disclaimer of Warranties

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, accuracy, or non-infringement. We do not warrant that AI-generated responses will be accurate, appropriate, or suitable for your business needs.

No outcome guarantee: We do not guarantee any specific business outcomes from your use of the Service, including but not limited to customer conversions, completed bookings, response quality, message volume, or revenue. Nothing in marketing materials, the website, or these Terms constitutes a promise of particular results.

13. Limitation of Liability

To the fullest extent permitted by applicable law, SMFlow Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, profits, goodwill, data, or business opportunities, arising out of or in connection with your use of the Service.

To the fullest extent permitted by applicable law, our total aggregate liability to you for any and all claims arising under or in connection with these Terms or the Service shall not exceed the total amount actually paid by you to SMFlow Ltd in the 12 months immediately preceding the event giving rise to the claim. This includes any loss or damage arising from reliance on AI-generated responses.

Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

14. Indemnification

You agree to indemnify, defend, and hold harmless SMFlow Ltd and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your misuse of the Service or use in breach of these Terms; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) the content or nature of your customer communications.

15. Data Protection

Each party shall comply with all applicable data protection legislation. SMFlow Ltd acts as a data processor in respect of your customers' personal data and will process such data only in accordance with your instructions, applicable data protection laws, and our Privacy Policy. You act as the data controller in respect of your customers' personal data and are responsible for ensuring a lawful basis for processing.

16. Termination

Either party may terminate these Terms at any time. You may delete your account through the dashboard or by contacting us at support@smflow.io. We may suspend or terminate your access immediately if you breach these Terms or if we are required to do so by law. Upon termination, your data will be handled in accordance with our Privacy Policy.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 30 days before they take effect. Your continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms.

18. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Contact

For any questions regarding these Terms, please contact us: