Terms of Service

Last updated: November 3, 2026

Plain-language summary (not a substitute for the full terms)

• Who we are: SMART (smarthnd.com), an AI and digital agency operated by SMARTHND AGENCY LLC, an Illinois limited liability company. We build websites and WhatsApp AI bots, and we provide digital marketing and videos for businesses.
• Quotes are valid for 15 days. Prices are in US dollars, before tax.
• Payments go through Stripe. Your card is saved so we can charge your monthly plan automatically.
• Setup: Starter is paid 100% upfront. Growth, Premium, and the WhatsApp bot are paid 50% at signing and 50% when you approve the preview, before launch.
• Monthly fee: starts on launch day, prorated for the first partial month, then charged automatically on the 1st of each month. Due by the 5th; a 5% late fee after that; service suspended from day 15 overdue.
• No minimum term. Either of us can cancel with 30 days' written notice (email contact@smarthnd.com).
• Refunds follow our Refund & Cancellation Policy: setup fees are refundable in full until we show you the first draft, and not after; monthly fees aren't refunded once billed, except as that policy says.
• You own your content, your customer data, and your business accounts. We own our code, bot prompts, templates, and tools; the bot is a service we run.
• AI bots can make mistakes. Meta/WhatsApp, hosting providers, and Stripe are third parties outside our control.
• Illinois law applies; disputes go to courts in Cook County, Illinois.
• If you signed a SMART Service Agreement, it controls if it conflicts with these Terms.

1. Who we are and what these Terms cover

1.1 SMART. "SMART," "we," "us," and "our" mean SMARTHND AGENCY LLC, an Illinois limited liability company (Illinois file no. 18925753).

1.2 Contact: 9010 Crescent Court, Oak Lawn, Illinois 60453 (Cook County), United States · contact@smarthnd.com · +504 9227-4733 (phone/WhatsApp) · Support: +1 847-641-8582 · https://smarthnd.com.

1.3 Scope. These Terms govern any purchase of SMART services paid in US dollars, including payments made online through Stripe. Your use of the website smarthnd.com and of our automated assistants is governed by our Terms of Use. "You" means the business (or person acting for a business) that buys or uses our services.

1.4 Business use. Our services are offered to businesses. By buying, you confirm you're acting for a business, and that you have authority to bind it.

1.5 Order of documents. If you and SMART signed a Service Agreement (with its Schedule A quote), the signed Service Agreement controls if it conflicts with these Terms. Otherwise, these Terms, your accepted quote, and our Refund & Cancellation Policy form the agreement between us.

1.6 Acceptance. You accept these Terms by checking the box at Stripe Checkout, by signing a Service Agreement or quote that refers to them, or by paying a SMART invoice.

2. Our services

2.1 We offer: websites (design, build, hosting, and maintenance); WhatsApp AI bots (and, on Premium, a Messenger bot) that answer questions, capture leads, and hand them to you; social media and digital marketing; professional AI videos; and related services. Packs (Starter, Growth, Premium) and the standalone WhatsApp bot are described on our pricing page and in your quote.

2.2 What's included is what your quote or Schedule A says. Anything not listed is out of scope and is quoted separately. Revisions and monthly updates are limited as stated in your quote.

2.3 Bot scope. Bots included in our packs answer questions, capture leads, and hand them to you. Transactional features (orders, bookings, live stock or price lookups, payments) are a separate custom build.

2.4 Delivery. We deliver on a SMART preview link first. Work is "delivered" when you approve the preview in writing (email or WhatsApp). "Launch" is the day the site goes live on your domain, or, for a bot alone, the day the bot is connected to your WhatsApp number.

3. Quotes and prices

3.1 Quotes are valid for 15 days from the date on the quote.

3.2 Prices are in US dollars (USD) and are before any sales or use tax. If tax applies, it will be shown on your invoice or checkout and you will pay it.

3.3 Meta (WhatsApp/Messenger) fees and advertising budgets are not included and are billed at cost or paid by you directly.

3.4 We may change monthly prices with 30 days' written notice. Founding-client prices stay locked as stated in your quote.

4. Payments through Stripe and card authorization

4.1 Processor. Payments are processed by Stripe. SMART does not see or store your full card number. Your use of Stripe's payment pages is also subject to Stripe's terms and privacy policy.

4.2 Card on file. When you pay through Stripe Checkout or a Stripe invoice, you authorize SMART to save your card with Stripe and charge it automatically, without asking you each time, for: (a) setup installments that come due under Section 5; (b) your monthly fee as described in Section 5; (c) the late fee in Section 6; and (d) any other amount you approve in writing in advance. This authorization lasts until your plan ends and all amounts owed are paid. The full authorization wording is shown at checkout and in your Service Agreement (Section 5.11).

4.3 Keeping your card current. You agree to keep a valid card on file. You may update it at any time through the secure Stripe link we provide, or by emailing contact@smarthnd.com for one. Never send card numbers by email or WhatsApp.

4.4 Receipts. Stripe emails a receipt for each charge. Charges appear on your statement as SMARTHND.

4.5 No cash. Card processing fees are paid by SMART and are never deducted from a refund.

5. Billing schedule

5.1 Setup fee.

• Starter (setup under $1,000): 100% upfront at checkout through Stripe Checkout. Your card is saved for future charges. The full payment is refundable until we show you the first draft, and not after (Section 7).
• Growth, Premium, and the standalone WhatsApp bot: two payments: 50% at signing (work starts once it clears), and 50% when you approve the preview, before launch. We never launch before the final setup payment.
• If you delay content or an approval we requested in writing for more than 30 days, the remaining setup balance becomes due (Service Agreement 5.4).

5.2 Monthly fee.

• Starts on launch day. It is never charged during the build.
• First partial month: prorated (monthly fee × days remaining in that month, counting launch day ÷ days in the month), charged to your saved card on launch day.
• After that: charged automatically to your saved card on the 1st of each month, for that month.
• If the automatic charge fails, the payment is still due by the 5th.

5.3 No minimum term. Plans are month to month until cancelled under Section 8.

6. Late payment and suspension

6.1 Late fee. If the monthly fee is not paid by the 5th, a late fee of 5% of the overdue amount is charged once for that month, to the extent permitted by law.

6.2 Suspension. We'll send you a reminder and written notice before suspending. If payment is still overdue on day 15, we may suspend the service (updates, content, ads work, and the bot) until the account is paid. Overdue setup invoices pause the build. Suspension doesn't cancel amounts owed or end the plan.

6.3 Reactivation. Service resumes within 2 business days after the overdue balance is paid. There is no reactivation fee.

6.4 Your own accounts, content, and customer data are never withheld because of a late payment.

7. Refunds

Refunds are governed by our Refund & Cancellation Policy, which is part of these Terms. In short:

• Setup fees (including Starter's 100% upfront payment) are refunded in full if you cancel before we show you the first draft (the first preview of your website or bot), and are non-refundable after that. If SMART can't deliver the setup work through its own fault, we refund the setup fees paid in proportion to the work not delivered.
• Monthly fees are non-refundable once billed, except: the bot guarantee; a month SMART fails to provide through its own fault (we credit or refund the affected part of that month); and amounts charged in error or twice (refunded in full).
• Bot guarantee (plans with a bot): if, in the 60 days after launch, the bot doesn't answer at least 80% of the agreed repetitive question types with no person involved, measured against a 30-day baseline, we refund one full monthly fee. Claim by email within 15 days after day 60.
• How: email contact@smarthnd.com (subject "Refund request") within 30 days of the charge. We reply within 2 business days, process approved refunds within 10 business days, and refund the full amount to the card you paid with.
• Please email us before disputing a charge with your bank. A dispute doesn't cancel your plan.

8. Cancellation and termination

8.1 By you or by us. Either party may cancel a monthly plan at any time with 30 days' written notice. You cancel by emailing contact@smarthnd.com (subject "Cancel my SMART plan"). Email is the only official way to cancel; a WhatsApp or other chat message doesn't count as notice. There is no minimum term, early-exit fee or cancellation fee.

8.2 When it ends. Service and charges end on the last day of the month in which the 30-day notice period ends; your last charge is on the 1st of that month. Fees are owed through that date. We confirm cancellations by email within 2 business days, with your end date and last charge.

8.3 For breach. Either party may end the agreement for a material breach not fixed within 15 days of written notice. An amount more than 30 days past due is a material breach.

8.4 On termination, the bot stops, SMART-hosted services switch off at the end of the last paid period, and within 15 business days we deliver an export of your leads, conversations, and content as described in your Service Agreement and the Refund & Cancellation Policy.

9. Your responsibilities and content

9.1 Provide accurate content (logo, photos, prices, hours, FAQs) and account access on time, and review previews promptly. Your delays move the timeline.

9.2 You confirm you own or have permission to use everything you give us, and that it doesn't infringe anyone's rights or break the law. You're responsible for the accuracy of prices, offers, and claims we publish or the bot repeats on your behalf, once you have approved them.

9.3 Keep your WhatsApp number, Google Business Profile, Facebook/Instagram pages, and ad accounts in your own name. Add SMART as a manager; never share personal passwords.

9.4 Messaging laws. Send marketing messages only to people who opted in, keep consent records, and honor opt-outs immediately. You're responsible for complying with the TCPA, CAN-SPAM, state laws, and Meta's WhatsApp Business and Commerce policies.

9.5 Acceptable use. Don't use our services for anything illegal, deceptive, or harmful, or for regulated goods or services that Meta or Stripe prohibit. We may refuse or stop work that breaks this rule.

9.6 License to us. You give SMART a non-exclusive license to use your content only to provide the services, and, unless you opt out in writing, to show your name, logo, and non-confidential work in our portfolio.

10. Intellectual property and ownership

Consistent with Service Agreement Section 11.

10.1 Yours: your content, your customer data and conversations, your Google Business Profile, Facebook and Instagram pages, and WhatsApp number. These are never withheld.

10.2 SMART's: the code, bot prompts, templates, workflows, and reusable tools we use to provide the services, and all improvements to them. The bot is a service SMART runs; if you cancel, the bot stops and you can export your leads.

10.3 Website. The website and its files are provided as part of your plan and are included only while the monthly fee continues. Before the final setup payment, the site lives only on a SMART preview link.

10.4 Domain. We register your domain under SMART's account and manage it for you. Once you have paid in full, we transfer the domain to you on request.

10.5 Deliverables you keep: final videos, posts, and other content delivered to you may be used by you for your business, including after the plan ends.

11. Third-party platforms

11.1 Our services depend on platforms we don't control, including Meta (WhatsApp, Messenger, Facebook, Instagram), hosting and domain providers, AI model providers, Google, and Stripe. Their own terms and policies apply to you.

11.2 These providers set their own rules, prices, verification steps, message limits, and approvals, and may change, suspend, or ban accounts, templates, or numbers. SMART is not responsible for their outages, policy or price changes, account restrictions, bans, or decisions, but we'll reasonably help you deal with them.

11.3 Meta fees and ad spend are separate from SMART's fees.

12. AI bot disclaimer

12.1 Our bots use artificial intelligence and can make mistakes, including giving wrong, incomplete, or out-of-date answers. We train and tune them on information you provide but do not guarantee that any answer is accurate.

12.2 You're responsible for reviewing and approving the information the bot uses (prices, hours, offers, policies) and for telling us when it changes. The bot identifies itself as an automated assistant, doesn't ask for sensitive data, and hands special pricing, orders, bookings, and sensitive topics (health, money, legal) to a person. Don't rely on the bot for legal, medical, financial, or emergency advice.

12.3 Except for the bot guarantee in our Refund & Cancellation Policy, we don't guarantee sales, leads, followers, rankings, ad results, or any other business result.

13. Disclaimer of warranties

We'll perform the services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, YOUR QUOTE, OR A SIGNED SERVICE AGREEMENT (INCLUDING THE BOT GUARANTEE), THE SERVICES AND THE WEBSITE SMARTHND.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE." SMART DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

14. Limitation of liability

14.1 NEITHER PARTY IS LIABLE FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. SMART IS NOT LIABLE FOR FAILURES OF THIRD PARTIES (META, HOSTING, INTERNET, AI PROVIDERS, STRIPE) OR FOR ISSUES CAUSED BY YOUR CONTENT OR ACCOUNTS.

14.2 SMART'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE FEES YOU PAID SMART IN THE 3 MONTHS BEFORE THE CLAIM.

14.3 These limits apply to the fullest extent permitted by law and don't limit liability that cannot be limited by law (for example, for fraud or willful misconduct).

15. Indemnity

You'll defend, indemnify, and hold SMART harmless from third-party claims, losses, and reasonable costs (including attorneys' fees) arising from: your content; your products, services, prices, or offers; your messaging and marketing practices (including opt-in and opt-out compliance); or your violation of these Terms, Meta's policies, or the law.

16. Confidentiality and data

Each party keeps the other's non-public information confidential. You're the controller of your customers' personal data; SMART processes it only to provide the services, uses reasonable security, and doesn't sell it. Our subprocessors include Meta/WhatsApp, an AI model provider, and a hosting provider. See our Privacy Policy.

17. Governing law and disputes

17.1 These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules.

17.2 Before filing any claim, the parties will try in good faith to resolve the dispute for 15 days after written notice. After that, disputes go exclusively to the state or federal courts located in Cook County, Illinois, and both parties consent to their jurisdiction. Either party may bring a qualifying claim in small claims court.

18. Changes to these Terms

We may update these Terms. The "Last updated" date shows the current version. Changes apply to new purchases right away and to existing plans from the next billing period that starts at least 30 days after we email you about the change. If you don't agree, you may cancel under Section 8. A signed Service Agreement can be changed only in writing accepted by both parties.

19. General

Electronic acceptance and signatures count as originals (E-SIGN Act and Illinois UETA). If any part of these Terms is unenforceable, the rest stays in effect. We're an independent contractor. Failure to enforce a right isn't a waiver. You may not assign your plan without our consent; SMART may assign it to an affiliate or successor with notice to you. Neither party is liable for delays caused by events beyond its reasonable control.

20. Contact

SMART · SMARTHND AGENCY LLC, an Illinois limited liability company 9010 Crescent Court, Oak Lawn, Illinois 60453 (Cook County), United States Email: contact@smarthnd.com · Phone/WhatsApp: +504 9227-4733 · Support: +1 847-641-8582 · https://smarthnd.com All US prices are in US dollars (USD).