TERMS AND CONDITIONS

Effective Date: 07-06-2026

These Terms and Conditions (“Terms“) constitute a legally binding agreement between Smart Sites by Total Teck (“Smart Sites,” “Total Teck,” “Company,” “we,” “our,” or “us“) and any individual, business, organization, or entity (“Customer,” “Client,” “you,” or “your“) accessing or using our website, requesting demonstrations, purchasing subscriptions, or utilizing any of our products or services.

These Terms govern the use of all Smart Sites products and services, including but not limited to AI Voice Assistants, AI Phone Assistants, AI Website Assistants, Smart Websites, integrations, software, analytics, demonstrations, support services, and related technologies (collectively, the “Services“).

By accessing our website, requesting a demonstration, purchasing a subscription, submitting payment, signing a proposal, clicking an acceptance button, or using any portion of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree with these Terms, you must immediately discontinue use of our website and Services.

1. Definitions

For purposes of these Terms, the following definitions apply.

1.1 Smart Sites

“Smart Sites” refers to the Smart Sites by Total Teck platform, including all software, AI technologies, websites, integrations, APIs, interfaces, documentation, support services, and related products offered by Total Teck.

1.2 Customer

“Customer” means any person, business, corporation, nonprofit organization, government agency, or other entity purchasing or using the Services.

1.3 AI Voice Assistant

An AI-powered conversational assistant trained specifically on Customer-provided information that communicates through voice interactions, website interactions, telephone systems, or other supported communication channels.

1.4 Smart Website

A website integrated with one or more Smart Sites AI Assistants and related technologies.

1.5 Business Information

Any information provided by the Customer including, but not limited to:

  • Services
  • Products
  • Pricing
  • Policies
  • Procedures
  • FAQs
  • Marketing materials
  • Website content
  • Internal documentation
  • Operating procedures
  • Brand guidelines
  • Customer service standards
  • Business hours
  • Contact information
  • Promotional materials

1.6 Subscription

A recurring monthly or annual agreement granting access to selected Services.

2. Description of Services

Smart Sites by Total Teck develops intelligent AI-powered business communication solutions designed to improve customer engagement, automate repetitive conversations, capture leads, schedule appointments, and enhance customer experiences across multiple communication channels.

Depending upon the selected subscription plan, Services may include:

  • AI Website Voice Assistants
  • AI Phone Voice Assistants
  • Smart Websites
  • Lead Capture
  • Appointment Scheduling
  • Email Conversation Summaries
  • AI Knowledge Base Development
  • AI Training
  • CRM Integrations
  • Calendar Integrations
  • Phone System Integrations
  • Website Integrations
  • Analytics Dashboards
  • Conversation Reporting
  • Ongoing Optimization
  • Technical Support
  • Future platform enhancements released to subscribed plans

Not every feature is included with every subscription plan. Available functionality is determined by the purchased package.

3. Personalized AI Training

Unlike generic artificial intelligence platforms, every Smart Sites AI Voice Assistant is custom configured using Customer-approved business information.

Customers understand that AI performance depends upon the quality, completeness, and accuracy of the information provided during implementation.

Training materials may include, but are not limited to:

  • Website content
  • Product catalogs
  • Service descriptions
  • Pricing information
  • Business policies
  • Appointment procedures
  • Internal documents
  • Marketing materials
  • Frequently Asked Questions
  • Customer service scripts
  • Sales procedures
  • Brand messaging
  • Business objectives

Smart Sites will use commercially reasonable efforts to train the AI Assistant to represent the Customer accurately and professionally.

However, Customers acknowledge that artificial intelligence continuously interprets language dynamically and may occasionally generate responses that require refinement.

Customers are encouraged to review demonstrations, perform testing, and provide feedback prior to launch.

4. Customer Responsibilities

Customers agree to cooperate fully throughout implementation and ongoing service.

Customer responsibilities include, but are not limited to:

  • Providing accurate information.
  • Providing complete information.
  • Reviewing AI responses during testing.
  • Maintaining current business information.
  • Informing Smart Sites of pricing changes.
  • Informing Smart Sites of service updates.
  • Updating policies when changes occur.
  • Reviewing conversation summaries.
  • Monitoring AI performance.
  • Maintaining active third-party accounts when integrations are used.

The Customer understands that failure to provide current information may result in inaccurate AI responses.

Smart Sites shall not be responsible for inaccuracies caused by outdated or incomplete Customer information.

5. Customer Approval Process

Before deployment, Customers may be provided opportunities to review demonstrations, conversation examples, workflows, and AI responses.

It is the Customer’s responsibility to thoroughly evaluate the AI Assistant before approving deployment.

Once approved, Customers acknowledge that the AI Assistant has been configured according to the information available during implementation.

Future modifications may require additional training or professional service fees.

6. Website Access & Installation Authorization

To install and operate the Smart Sites AI Website Assistant, the Customer agrees to provide Smart Sites with all necessary access required to complete implementation.

Depending upon the Customer’s website platform, this may include access to:

  • WordPress
  • Shopify
  • Wix
  • Squarespace
  • Webflow
  • Content Management Systems
  • Hosting Control Panels
  • FTP or SFTP
  • DNS Records
  • Google Tag Manager
  • Website Source Code
  • Cloudflare
  • Other supported platforms

The Customer authorizes Smart Sites by Total Teck to install scripts, tracking code, AI widgets, integrations, APIs, and supporting software required for operation of the Services.

Smart Sites agrees that such access will be used solely for purposes directly related to implementation, maintenance, troubleshooting, updates, optimization, or removal of the Services.

Unless specifically authorized, Smart Sites will not intentionally modify unrelated website content, design, products, pages, or functionality.

Customers represent and warrant that they possess legal authority to grant Smart Sites access to their website and associated systems.

Customers remain responsible for:

  • Hosting accounts
  • Website security
  • Website backups
  • Website software updates
  • Plugin licensing
  • Domain registration
  • DNS management
  • Third-party developer approvals

Smart Sites shall not be liable for delays caused by:

  • Missing credentials
  • Incorrect credentials
  • Limited permissions
  • Hosting restrictions
  • Platform limitations
  • Third-party developers
  • Security software
  • Firewall restrictions
  • Customer-requested delays
  • Vendor-related issues

Customers are encouraged to provide temporary administrative credentials whenever possible and may revoke such credentials after implementation unless ongoing maintenance has been authorized.

7. Phone Number Integration Authorization

For Customers utilizing AI Phone Assistant Services, Smart Sites may require access to existing telephone systems or may provision new phone numbers as part of the Services.

The Customer authorizes Smart Sites to configure call routing, voicemail handling, call forwarding, AI answering rules, scheduling integrations, and other related settings necessary to deploy the AI Phone Assistant.

Customers represent that they have the legal authority to authorize modifications to any telephone numbers, communications systems, or business phone services connected to the Smart Sites platform.

Customers acknowledge that third-party telecommunications providers may impose technical limitations, outages, maintenance windows, or service interruptions beyond the control of Smart Sites.

Smart Sites does not guarantee uninterrupted telephone service and shall not be liable for failures caused by telecommunications carriers, internet providers, cloud infrastructure providers, or third-party phone system vendors.

8. Subscription Plans

Smart Sites by Total Teck offers multiple subscription plans designed to accommodate businesses of varying sizes, industries, and operational needs. Each subscription includes the features, functionality, usage allowances, and support level associated with the selected plan at the time of purchase.

Subscription plans may include, but are not limited to:

  • Starter Plans
  • Professional Plans
  • Enterprise Plans
  • Custom Enterprise Solutions

The Company reserves the right to modify plan offerings, features, pricing, included services, and minute allocations at any time. Existing Customers will receive reasonable notice of any material changes affecting their subscription.

Customers may request to upgrade their subscription at any time. Downgrades may be requested but will become effective at the beginning of the next billing cycle unless otherwise approved in writing.

Certain premium features, integrations, custom development, consulting services, or enterprise-level functionality may require additional fees beyond the standard subscription pricing.

9. Personalized Demonstrations

Smart Sites may provide personalized demonstrations using publicly available information, Customer-provided materials, or website content for evaluation purposes.

Personalized demonstrations are intended solely to showcase the capabilities of the Smart Sites platform and should not be considered a finished production system.

Demonstrations may include:

  • AI-generated responses
  • Voice conversations
  • Website interactions
  • Simulated appointment scheduling
  • Lead capture workflows
  • Business information summaries
  • Service recommendations

Customers understand that demonstrations may not include all functionality available within a purchased subscription and may require additional configuration before deployment.

Smart Sites retains ownership of all demonstration environments, software configurations, prompts, workflows, and supporting technologies created during the demonstration process unless otherwise agreed upon in writing.

10. Pricing

All pricing displayed on the Smart Sites website, proposals, estimates, or marketing materials is expressed in United States Dollars (USD) unless otherwise stated.

Pricing may include:

  • Monthly subscription fees
  • One-time implementation fees
  • Professional service fees
  • Additional usage charges
  • Optional add-on services
  • Integration fees

Prices are subject to change without prior notice for new Customers.

Existing Customers will receive advance notice before any recurring subscription price increases become effective, unless the increase results from taxes, government fees, or third-party provider costs outside the Company’s control.

The Company reserves the right to correct typographical, clerical, pricing, or calculation errors at any time.

11. Promotional Pricing & Discounts

From time to time, Smart Sites may offer promotional pricing, introductory discounts, seasonal offers, referral incentives, or limited-time savings.

Unless expressly stated otherwise:

  • Promotional pricing applies only during the advertised promotional period.
  • Promotions cannot be combined with any other discounts unless specifically authorized.
  • Discounts apply only to eligible plans or services.
  • Promotional pricing may be limited to new Customers.
  • Promotional offers have no cash value and are non-transferable.
  • Promotional pricing may expire without prior notice once the advertised offer period has ended.

If a Customer qualifies for a promotional rate, that rate shall remain in effect only under the terms disclosed at the time of purchase. Smart Sites reserves the right to discontinue promotional pricing for future purchases or renewals unless a price-lock guarantee has been expressly provided in writing.

12. Setup & Implementation Fees

Each subscription includes a one-time implementation fee covering the initial configuration of the Smart Sites platform.

Standard implementation may include:

  • Customer onboarding
  • Discovery consultation
  • AI training
  • Knowledge base development
  • Business information organization
  • Voice assistant configuration
  • Website assistant deployment
  • Phone assistant deployment
  • Initial testing
  • Quality assurance
  • Basic optimization
  • Launch assistance

Implementation fees compensate Smart Sites for professional services performed before the recurring subscription begins.

Because implementation involves custom labor and configuration unique to each Customer, setup fees are non-refundable once implementation has commenced.

13. Advanced Integrations

Standard implementation includes the configuration described within the selected subscription plan.

Additional implementation fees may apply for advanced integrations, including but not limited to:

  • Customer Relationship Management (CRM) systems
  • Enterprise Resource Planning (ERP) software
  • Custom APIs
  • Telephone systems
  • Call center platforms
  • Scheduling software
  • Marketing automation systems
  • Payment gateways
  • Inventory management software
  • Multi-location deployments
  • Custom workflow automation
  • Legacy software integrations
  • Custom coding or development

Customers will receive a separate estimate for any advanced implementation work before such services begin.

14. Included AI Minutes

Each subscription plan includes a specified monthly allotment of AI conversation minutes.

Included minutes are determined by the selected subscription plan.

Monthly minute allocations reset at the beginning of each billing cycle.

Unused minutes do not accumulate or roll over into future billing periods.

Customers are responsible for monitoring their usage if they wish to avoid additional charges.

Smart Sites reserves the right to modify included minute allocations for future subscription plans.

15. Additional Usage Charges

When a Customer exceeds the monthly AI minute allowance included with their subscription, additional usage will be billed at the then-current published rate.

Unless otherwise specified in writing, additional minutes will be billed automatically to the payment method on file.

Smart Sites reserves the right to temporarily suspend AI conversations if excessive usage significantly exceeds reasonable operational limits or if payment authorization cannot be obtained.

Enterprise Customers may request custom usage agreements or expanded monthly minute packages.

16. Payment Terms

Customers agree to pay all applicable fees associated with the Services selected.

Recurring subscription charges will be billed automatically using the payment method provided by the Customer.

Accepted payment methods may include:

  • Major credit cards
  • Debit cards
  • ACH transfers
  • Other approved electronic payment methods

Payment is due on the invoice date unless otherwise specified in a written agreement.

Customers authorize Smart Sites to charge all recurring subscription fees, usage charges, taxes, and approved professional service fees to the payment method on file.

Returned payments, declined transactions, chargebacks, or failed payment attempts may result in service interruption.

The Customer is responsible for maintaining current billing information at all times.

17. Late Payments

If payment is not received by the due date, Smart Sites reserves the right to:

  • Suspend Services
  • Restrict platform access
  • Disable AI Assistants
  • Pause integrations
  • Delay support requests
  • Assess applicable late fees where permitted by law
  • Refer outstanding balances to collections

Customers remain responsible for all outstanding balances, collection costs, reasonable attorney’s fees where permitted by law, court costs, and other expenses incurred in recovering unpaid amounts.

Service restoration following suspension may require payment of all outstanding balances before access is reinstated.

18. Refund Policy

Due to the customized nature of the Services provided by Smart Sites, all implementation work, AI training, onboarding services, consultation time, and configuration work are considered earned upon performance.

Accordingly:

  • Setup fees are non-refundable.
  • Professional service fees are non-refundable.
  • Monthly subscription fees are non-refundable after billing.
  • Partial month refunds are not provided.
  • Promotional pricing purchases are non-refundable.
  • Unused AI minutes have no cash value.

If Smart Sites is unable to deliver the purchased Services due solely to circumstances within its reasonable control, the Company may, at its sole discretion, provide a refund, credit, or alternative resolution.

19. Cancellation Policy

Customers may cancel their subscription by providing notice via email or other approved communication method.

Unless otherwise agreed in writing:

  • Cancellation becomes effective at the end of the current billing cycle.
  • No prorated refunds will be issued.
  • Customers remain responsible for all charges incurred prior to the cancellation date.

Upon cancellation:

  • AI Assistants may be disabled.
  • Hosted AI services may be removed.
  • Phone Assistant services may be disconnected.
  • Website Assistant scripts may cease functioning.
  • Access to analytics and reporting may be terminated.

The Customer is responsible for removing any remaining Smart Sites scripts from their website if instructed to do so.

20. Website Screenshots & Demonstration Materials

As part of Smart Sites’ personalized demonstration process, the Company may create a demonstration webpage featuring a screenshot or visual representation of the Customer’s existing website.

These screenshots are displayed solely for demonstration, evaluation, and illustrative purposes to show how the Smart Sites AI Voice Assistant may appear when integrated with the Customer’s website.

By requesting, viewing, or participating in a personalized demonstration, the Customer acknowledges and agrees that:

  • Website screenshots are used exclusively for demonstration purposes.
  • Smart Sites does not claim ownership of the Customer’s website, trademarks, logos, branding, images, or intellectual property.
  • The demonstration does not imply any existing partnership, endorsement, affiliation, sponsorship, or business relationship beyond the demonstration itself.
  • The screenshot is intended solely to help visualize the Smart Sites AI Voice Assistant operating within the Customer’s existing website.

Unless otherwise authorized in writing by the Customer, demonstration websites will not be publicly advertised, promoted as completed projects, or represented as official Smart Sites portfolio examples.

Customers may request removal of demonstration materials at any time by contacting Smart Sites. Smart Sites will make commercially reasonable efforts to remove such materials within a reasonable timeframe.

21. Intellectual Property

All Smart Sites software, source code, user interfaces, AI models, prompts, workflows, conversation logic, training methodologies, documentation, graphics, branding, custom scripts, APIs, automation systems, deployment methods, reports, analytics, and proprietary technologies remain the exclusive intellectual property of Smart Sites by Total Teck.

Nothing contained within these Terms transfers ownership of any Smart Sites intellectual property to the Customer.

Customers receive only a limited, non-exclusive, non-transferable license to use the Services during an active subscription.

The Customer may not:

  • Copy the software.
  • Reverse engineer the platform.
  • Decompile or disassemble any software.
  • Duplicate AI prompts.
  • Copy conversation flows.
  • Reproduce proprietary workflows.
  • Sell or sublicense any Smart Sites technology.
  • Remove copyright notices.
  • Attempt to recreate Smart Sites proprietary systems.

22. Customer Content

Customers retain ownership of all information submitted to Smart Sites.

This includes but is not limited to:

  • Logos
  • Images
  • Website content
  • Service descriptions
  • Pricing
  • Policies
  • Employee information
  • Documents
  • Marketing materials
  • Videos
  • PDFs
  • Brand assets
  • Customer FAQs

By submitting such information, Customers grant Smart Sites a worldwide, royalty-free, limited license to use the content solely for:

  • AI training
  • Knowledge base development
  • Website integration
  • Phone assistant deployment
  • Customer support
  • Platform maintenance
  • AI optimization
  • Service delivery

This license terminates upon deletion of Customer data except where retention is required for legal, accounting, security, fraud prevention, or backup purposes.

23. Customer Warranties

The Customer represents and warrants that:

  • They own all submitted content or possess the legal authority to provide it.
  • Submitted information does not infringe upon any third-party intellectual property rights.
  • Submitted information does not violate any applicable laws.
  • Submitted materials do not contain malicious software.
  • They possess authority to authorize Smart Sites to access business systems, websites, telephone numbers, and third-party accounts.

Customers agree to indemnify Smart Sites against claims arising from unauthorized or unlawful content submitted by the Customer.

24. Artificial Intelligence Limitations

Customers acknowledge that artificial intelligence is an evolving technology.

Although Smart Sites invests significant effort into training each AI Voice Assistant using Customer-approved business information, no artificial intelligence system can guarantee perfect accuracy in every conversation.

Responses generated by the AI may occasionally:

  • Misinterpret customer intent.
  • Misunderstand ambiguous language.
  • Produce incomplete responses.
  • Require clarification.
  • Be affected by outdated Customer information.
  • Experience technical limitations.

Customers understand that AI-generated conversations should be periodically reviewed and updated as their business evolves.

25. Customer Review & Ongoing Maintenance

The effectiveness of the AI Voice Assistant depends upon ongoing maintenance of the knowledge base.

Customers are responsible for notifying Smart Sites whenever changes occur to:

  • Pricing
  • Services
  • Products
  • Promotions
  • Business hours
  • Contact information
  • Locations
  • Policies
  • Procedures
  • Appointment availability
  • Staff
  • Frequently Asked Questions

Failure to communicate material changes may result in outdated AI responses.

Smart Sites shall not be liable for inaccuracies caused by Customer failure to provide updated information.

26. Conversation Recording & Storage

In order to improve service quality, troubleshoot issues, generate reports, and provide conversation summaries, Smart Sites may store AI interactions.

Stored information may include:

  • Voice conversations
  • Website conversations
  • Customer questions
  • AI responses
  • Appointment requests
  • Lead information
  • Timestamps
  • Conversation analytics
  • Session metadata

Conversation information is used solely for:

  • Customer reporting
  • AI optimization
  • Quality assurance
  • Technical troubleshooting
  • Product improvements
  • Security monitoring
  • Fraud prevention

Smart Sites will not intentionally disclose Customer conversations to third parties except:

  • When authorized by the Customer;
  • As required by law;
  • To protect the rights, safety, or property of Smart Sites or others; or
  • To trusted service providers acting on Smart Sites’ behalf under appropriate confidentiality obligations.

27. Privacy & Data Protection

Smart Sites is committed to handling Customer information responsibly and implementing commercially reasonable safeguards to protect Customer data.

However, the Customer acknowledges that no online platform, cloud service, or internet transmission can be guaranteed to be completely secure.

Customers are responsible for ensuring they comply with all applicable privacy laws governing their own businesses, including obtaining any necessary customer notices or consents related to AI interactions, voice communications, or data collection.

28. Confidential Information

During the course of providing the Services, either party may disclose confidential or proprietary information.

Confidential information may include:

  • Business plans
  • Pricing strategies
  • Customer lists
  • Internal procedures
  • Marketing strategies
  • Financial information
  • Technical documentation
  • Proprietary software
  • Trade secrets
  • AI configurations

Each party agrees to use confidential information solely for purposes related to the Services and to exercise reasonable care to prevent unauthorized disclosure.

These confidentiality obligations do not apply to information that:

  • Is publicly available through no fault of the receiving party;
  • Was lawfully known prior to disclosure;
  • Is independently developed without reference to the confidential information; or
  • Must be disclosed by law or court order.

29. Acceptable Use Policy

The Customer agrees to use the Services only for lawful business purposes and in accordance with these Terms. The Smart Sites platform is intended to improve customer communication, automate routine interactions, and provide business assistance in a professional and ethical manner.

The Customer agrees that neither they nor anyone acting on their behalf will use the Services in any manner that:

  • Violates any local, state, federal, or international law or regulation;
  • Infringes upon the rights of any third party;
  • Misrepresents the identity of any individual or organization;
  • Promotes fraudulent, deceptive, or misleading activities;
  • Attempts to gain unauthorized access to any system, account, or network;
  • Distributes malware, viruses, ransomware, spyware, or other harmful software;
  • Interferes with the operation, security, or stability of the Smart Sites platform;
  • Uses the Services to generate abusive, defamatory, discriminatory, obscene, threatening, or unlawful content;
  • Uses the Services to impersonate emergency responders, government officials, or other individuals without authorization; or
  • Attempts to reverse engineer, duplicate, exploit, or misuse the Services.

Smart Sites reserves the right to investigate suspected violations and take appropriate action, including suspension or termination of Services.

30. Telephone Communications Compliance

Customers using Smart Sites AI Phone Assistant Services acknowledge that telephone communications are subject to various federal, state, provincial, and international laws.

The Customer is solely responsible for ensuring compliance with all applicable laws governing:

  • Telephone communications
  • Consumer protection
  • Telemarketing
  • Call recording
  • Call monitoring
  • Consent requirements
  • Text messaging
  • Do Not Call (DNC) regulations
  • TCPA (Telephone Consumer Protection Act)
  • CAN-SPAM requirements where applicable
  • Industry-specific communication regulations

Smart Sites provides the technology platform only and does not provide legal advice regarding telecommunications compliance.

The Customer agrees to obtain any legally required notices, disclosures, or consents before using AI-powered telephone communications.

31. Service Availability

Smart Sites strives to provide reliable, high-quality Services with maximum uptime and availability.

However, uninterrupted operation cannot be guaranteed.

Temporary interruptions may occur due to:

  • Scheduled maintenance
  • Emergency maintenance
  • Software updates
  • Cloud infrastructure outages
  • Internet service interruptions
  • Telecommunications provider failures
  • Third-party platform outages
  • Security incidents
  • Hardware failures
  • Force majeure events

Smart Sites shall make commercially reasonable efforts to restore Services promptly following any interruption.

Scheduled maintenance may occur periodically without prior notice when necessary to maintain platform stability or security.

32. Software Updates & Platform Improvements

Smart Sites continually enhances its Services by introducing new features, improving functionality, addressing security concerns, and optimizing performance.

The Customer acknowledges that the platform may change over time.

Updates may include:

  • User interface improvements
  • AI model improvements
  • Performance enhancements
  • Security updates
  • New integrations
  • Bug fixes
  • Additional reporting features
  • Expanded functionality

Smart Sites reserves the right to modify, replace, discontinue, or improve any portion of the Services without creating liability to the Customer.

Whenever reasonably practical, Customers will be notified of significant changes affecting functionality.

33. Beta Features

From time to time Smart Sites may make beta, preview, experimental, or early-access features available.

Beta features are provided solely for evaluation purposes.

Beta features:

  • May contain defects.
  • May change without notice.
  • May be discontinued at any time.
  • May not function as expected.
  • May not receive ongoing support.

Customers use beta features entirely at their own risk.

34. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART SITES BY TOTAL TECK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • NON-INFRINGEMENT;
  • TITLE;
  • CONTINUOUS AVAILABILITY;
  • ERROR-FREE OPERATION;
  • SECURITY AGAINST ALL THREATS;
  • COMPATIBILITY WITH EVERY THIRD-PARTY PLATFORM.

Smart Sites does not warrant or guarantee:

  • Increased revenue;
  • Increased sales;
  • Increased profits;
  • Increased website traffic;
  • Improved search rankings;
  • Increased customer conversions;
  • Improved employee productivity;
  • Increased appointment bookings;
  • Any particular return on investment.

Business results depend upon numerous factors outside the Company’s control.

35. Limitation of Liability

To the fullest extent permitted by applicable law, Smart Sites by Total Teck shall not be liable for any indirect, incidental, consequential, exemplary, special, or punitive damages arising out of or relating to the use of the Services.

This includes, but is not limited to:

  • Loss of profits;
  • Loss of revenue;
  • Loss of business opportunities;
  • Loss of contracts;
  • Loss of goodwill;
  • Loss of anticipated savings;
  • Loss of data;
  • Business interruption;
  • Reputational damage;
  • Customer dissatisfaction;
  • Service interruptions caused by third parties.

In no event shall Smart Sites’ total aggregate liability exceed the total amount of subscription fees actually paid by the Customer during the three (3) months immediately preceding the event giving rise to the claim.

Certain jurisdictions do not allow limitations on certain damages. In such jurisdictions, liability shall be limited to the maximum extent permitted by applicable law.

36. Indemnification

The Customer agrees to defend, indemnify, and hold harmless Smart Sites by Total Teck, Total Teck, its owners, officers, directors, employees, contractors, affiliates, successors, licensors, vendors, and agents from and against any claims, liabilities, damages, losses, judgments, settlements, costs, expenses, and reasonable attorneys’ fees arising from or relating to:

  • The Customer’s use of the Services;
  • Information provided by the Customer for AI training;
  • Violations of these Terms;
  • Violations of applicable laws or regulations;
  • Intellectual property infringement resulting from Customer-provided content;
  • Customer negligence or misconduct;
  • Business decisions made by the Customer based upon AI responses;
  • Claims brought by the Customer’s clients, customers, vendors, or employees.

This indemnification obligation survives termination of the Services.

37. Force Majeure

Smart Sites shall not be responsible for delays or failures in performance resulting from events beyond its reasonable control.

Such events include, but are not limited to:

  • Natural disasters;
  • Floods;
  • Fires;
  • Tornadoes;
  • Hurricanes;
  • Earthquakes;
  • Pandemics;
  • Government actions;
  • Labor disputes;
  • Power outages;
  • Internet outages;
  • Cybersecurity incidents;
  • Telecommunications failures;
  • Cloud infrastructure outages;
  • Acts of war;
  • Civil unrest;
  • Terrorism;
  • Supply chain disruptions.

Performance shall resume as soon as reasonably practicable following resolution of the event.

38. Suspension & Termination

Smart Sites reserves the right to suspend or terminate Services immediately, with or without prior notice, if:

  • Payments remain outstanding;
  • Fraudulent activity is suspected;
  • The Customer violates these Terms;
  • Illegal activity is identified;
  • The Services are used in a manner that threatens platform security;
  • The Customer interferes with the operation of the Services;
  • Continued service presents an unreasonable legal or operational risk.

Termination shall not relieve the Customer of any outstanding financial obligations.

39. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles.

40. Venue

Any legal proceeding arising from these Terms or the Services shall be brought exclusively in the state or federal courts located in Allen County, Indiana, unless otherwise required by applicable law.

Each party irrevocably consents to the personal jurisdiction and venue of such courts.

41. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified or interpreted to the minimum extent necessary to make it enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall remain in full force and effect.

42. Waiver

Failure by Smart Sites to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be made in writing and signed by an authorized representative of Smart Sites.

43. Assignment

The Customer may not assign, transfer, sublicense, or otherwise convey any rights or obligations under these Terms without the prior written consent of Smart Sites.

Smart Sites may assign these Terms in connection with a merger, acquisition, corporate restructuring, sale of assets, or other business transaction without the Customer’s consent.

44. Entire Agreement

These Terms, together with any applicable proposal, estimate, service agreement, privacy policy, acceptable use policy, or other written agreement expressly incorporated by reference, constitute the complete and exclusive agreement between the Customer and Smart Sites by Total Teck regarding the Services.

These Terms supersede all prior or contemporaneous oral or written communications, negotiations, representations, proposals, or agreements relating to the subject matter herein.

45. Changes to These Terms

Smart Sites reserves the right to modify or update these Terms at any time to reflect changes in applicable laws, technology, business practices, or the Services offered.

Updated Terms will become effective upon publication on the Smart Sites website unless otherwise stated.

Continued use of the Services following the effective date of revised Terms constitutes acceptance of the updated Terms.

46. Contact Information

If you have any questions regarding these Terms and Conditions or the Services offered by Smart Sites by Total Teck, please contact us:

Smart Sites by Total Teck
Fort Wayne, Indiana, USA

Website: https://totalteck.net

Email: info@totalteck.net

Acknowledgment

By accessing the Smart Sites website, requesting a personalized demonstration, providing business information for AI training, purchasing a subscription, authorizing installation on your website or phone system, or otherwise using any of the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions.