Terms of Service

By accessing or using any part of the Smart365Guide platform — including but not limited to our web application, API, browser SDK, bot widget, desktop agent, or any associated service (collectively, the "Service") — you ("User", "Customer", or "Embedder") unconditionally accept and agree to be legally bound by these Terms of Service ("Terms").

Embedding our SDK snippet, bot widget, or completing account registration constitutes your electronic signature and full acceptance of these Terms. If you do not agree, you must immediately cease all use of the Service and remove any embedded SDK or widget code from your properties.

Smart365Guide collects certain data as part of delivering and improving the Service. This section explains exactly what is collected, how it is used, and what you consent to by using the Service.

2.1 What We Collect

• DOM & Layout Snapshots: Structural representations of web pages where our SDK is active, including element selectors, labels, form field schemas, navigation patterns, and page hierarchy. This data does not include raw HTML source code of proprietary content unless explicitly enabled.
• Interaction Events: Click paths, form submissions, route transitions, scroll depth, session flows, voice inputs, and guide interactions captured by the SDK.
• Session Metadata: Browser type, device class, viewport dimensions, timezone, language, performance metrics (TTFB, FCP, LCP, CLS), and anonymised session identifiers.
• Workflow & Guide Data: Recorded step sequences, agent instructions, completion outcomes, and user-created workflow configurations.
• Account & Billing Data: Name, email address, organisation name, payment details (processed via Stripe — we do not store raw card numbers).

2.2 Sole Purpose: AI Training & Service Improvement

All DOM layout data, interaction events, session telemetry, workflow recordings, and related behavioural data collected through the Service are used exclusively for the following purposes:

• Training and fine-tuning Smart365Guide's proprietary AI models, including but not limited to guide-generation models, intent-detection models, and reinforcement-learning agents.
• Building and maintaining the Site Graph and Retrieval-Augmented Generation (RAG) knowledge base used to power contextual assistance.
• Improving accuracy, reliability, and performance of the Service.
• Detecting abuse, fraud, and security threats.

2.3 Data Is Never Sold

Smart365Guide will never sell, rent, license, auction, or otherwise transfer your collected layout data, interaction events, or any other telemetry data to any third party for commercial gain. This is an absolute and unconditional commitment.

2.4 Training Consent

By embedding the Smart365Guide SDK or widget on your website or application, and by creating an account on the Smart365Guide platform, you expressly grant Smart365Guide a worldwide, royalty-free, irrevocable licence to use the collected data (as described in §2.1) to train, evaluate, and improve its AI models for the duration of your use of the Service and for a reasonable period thereafter necessary to complete active training runs in progress at the time of termination.

By using the Service, you agree to:

• Provide accurate, current, and complete registration information and keep it up to date.
• Use the Service only for lawful purposes consistent with all applicable local, national, and international laws and regulations.
• Obtain all necessary consents from end-users of your application before embedding the Smart365Guide SDK, including any consent required by GDPR, CCPA, or equivalent privacy laws applicable to you or your users.
• Not attempt to reverse-engineer, decompile, disassemble, or derive source code from any component of the Service.
• Not use the Service to collect data from third-party websites or applications without explicit authorisation from those third parties.
• Not circumvent, disable, or otherwise interfere with security features of the Service.
• Maintain the confidentiality of your API keys, secret keys, and account credentials.

The following activities are strictly prohibited and constitute material breach of these Terms:

• Using the Service to scrape, harvest, or exfiltrate data from third-party websites or applications without authorisation.
• Attempting to extract, copy, or reproduce Smart365Guide's trained AI models, embeddings, or knowledge-graph data.
• Injecting malicious code, exploits, or harmful payloads through the SDK or API.
• Reselling, sublicensing, or redistributing the Service or any component thereof without Smart365Guide's prior written consent.
• Using the Service to build a competing product or to benchmark against Smart365Guidefor the purpose of developing a competing AI guide or bot platform.
• Generating, transmitting, or storing content that is illegal, harmful, defamatory, obscene, or that infringes any third-party intellectual property rights.
• Deliberately sending false, synthetic, or adversarial training data to corruptSmart365Guide's AI models.
• Exceeding permitted API rate limits, launching denial-of-service attacks, or otherwise degrading service availability for other users.
• Sharing, transferring, or making available your account credentials or API keys to unauthorised third parties.

You acknowledge that this penalty clause is a genuine pre-estimate of loss and not a penalty in the unlawful sense, given the significant investment Smart365Guide makes in its AI training infrastructure.

All rights, title, and interest in and to the Smart365Guide Service — including the platform software, AI models, Site Graph architecture, RAG engine, SDK source code, documentation, and all derivatives thereof — are and shall remain the exclusive property of Smart365Guide and its licensors.

You retain all rights to your own application's content and data. The licence granted under §2.4 is limited to training use only and does not transfer ownership of your data to Smart365Guide.

Any feedback, suggestions, or improvements you provide regarding the Service may be incorporated by Smart365Guide without obligation or compensation.

Paid plans are billed in advance on a monthly or annual cycle. Fees are non-refundable except as required by applicable law. Smart365Guidereserves the right to modify pricing with 30 days' notice. Continued use after notice constitutes acceptance of the new pricing.

Failure to pay outstanding invoices may result in service suspension. Accounts suspended for non-payment for more than 60 days may be permanently terminated and data deleted.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY. SMART365GUIDE DOES NOT WARRANT THAT THE AI-GENERATED GUIDES OR SUGGESTIONS ARE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR NEEDS.

TO THE FULLEST EXTENT PERMITTED BY LAW, SMART365GUIDE'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SMART365GUIDE IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) USD $100.SMART365GUIDE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

The foregoing limitation does not apply to liability arising from misuse penalties under §5, which are a separate contractual obligation.

Either party may terminate these Terms at any time. You may terminate by deleting your account and removing all SDK/widget code. Smart365Guide may terminate or suspend your access immediately for any material breach, non-payment, or prohibited use.

Upon termination, your licence to use the Service ceases immediately. Sections 2.4 (Training Licence), 5 (Penalties), 6 (IP), 8 (Disclaimer), 9 (Liability), and 11 (Governing Law) survive termination.

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Smart365Guide is incorporated, without regard to conflict-of-law principles. Any dispute arising from or relating to these Terms shall first be subject to good-faith negotiation for 30 days. Unresolved disputes shall be submitted to binding arbitration under internationally recognised arbitration rules.

Smart365Guide may update these Terms at any time. We will notify registered users by email at least 14 days before material changes take effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

Questions about these Terms should be directed to: legal@smart365guide.com