Terms of Service

    Last Updated: August 19, 2026

    These Terms of Service ("Terms") govern your access to and use of the website smithcomgmt.net and the products, services, software, platforms, and related services provided by Smithco Management ("Smithco Management," "we," "us," or "our").

    By purchasing, accessing, or using our services, you ("you," "your," or "Client") agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

    1. Our Services

    Smithco Management provides business marketing, reputation-management, customer-engagement, automation, communication, and related technology services.

    Depending on the service purchased, our services may include:

  1. Customer relationship management tools
  2. Review and reputation management
  3. Review-request campaigns
  4. Customer reactivation campaigns
  5. Email marketing
  6. SMS/text messaging
  7. Automated communications
  8. Lead management
  9. Appointment and calendar tools
  10. Marketing automation
  11. Reporting and analytics
  12. Website or funnel functionality
  13. Other business-management and marketing services

    14. Specific services, features, pricing, and limitations may vary depending on the package or subscription purchased.

    We reserve the right to modify, add, or discontinue features or services from time to time.

    2. Client Accounts and Subaccounts

    Certain services require you to create or access an account or a client subaccount through our technology platform.

    You are responsible for:

  14. Providing accurate account information
  15. Maintaining the confidentiality of your login credentials
  16. Maintaining the security of your account
  17. Restricting unauthorized access to your account
  18. Ensuring that individuals accessing your account are authorized to do so
  19. All activity occurring through your account

    20. You agree to notify us promptly if you believe your account has been compromised or accessed without authorization.

    You may not share account credentials with unauthorized individuals or attempt to access another customer's account.

    3. Client Responsibilities

    You are responsible for the information, content, contact lists, customer records, communications, and other materials that you provide to or upload into our services.

    You represent and warrant that:

  20. You have the legal right and appropriate authority to provide such information to us.
  21. Your collection and use of customer information complies with applicable law.
  22. You have obtained any legally required consent before sending marketing communications.
  23. You will comply with applicable email, telephone, SMS, privacy, advertising, consumer-protection, and marketing laws.
  24. You will honor requests to unsubscribe, opt out, or stop receiving communications.
  25. You will not use our services for unlawful, fraudulent, deceptive, abusive, or misleading purposes.

    26. Smithco Management is not responsible for determining whether your particular marketing campaign, customer list, message, offer, or business practice complies with laws applicable to your business.

    4. SMS and Text Messaging

    If you use our SMS or text-messaging services, you are solely responsible for ensuring that your use complies with applicable federal, state, and local laws and regulations.

    You agree to obtain all legally required consent before sending text messages.

    You must not send unsolicited, deceptive, fraudulent, abusive, or unlawful text messages.

    You agree to maintain appropriate records of consent where required.

    You must provide appropriate identification and opt-out instructions in your messaging where required by applicable law.

    You agree to promptly honor STOP, unsubscribe, or other legally valid opt-out requests.

    Smithco Management may suspend or terminate SMS functionality if we reasonably believe that your use violates applicable law, carrier requirements, platform policies, or these Terms.

    5. Email Marketing

    If you use our email marketing services, you are responsible for complying with applicable email-marketing laws and regulations.

    You agree not to use our services to send spam, deceptive messages, fraudulent communications, or messages to individuals who have not provided legally sufficient permission where permission is required.

    You must provide legally required identification, contact information, and unsubscribe mechanisms in applicable marketing communications.

    6. Third-Party Platforms

    Our services may rely upon third-party software and infrastructure, including payment processors such as Stripe, telecommunications providers, email providers, hosting providers, analytics providers, and other third-party services.

    Your use of certain features may therefore be subject to the terms, policies, limitations, and availability of those third parties.

    We do not control third-party services and are not responsible for outages, failures, policy changes, security incidents, feature changes, or other circumstances caused by third-party providers.

    7. Payments and Subscriptions

    Payments for our services may be processed through third-party payment processors, including Stripe.

    By purchasing a paid service, you authorize Smithco Management and its payment processor to charge the payment method you provide for applicable fees.

    Unless otherwise stated in your service agreement or order, subscriptions may automatically renew according to the billing period selected at purchase.

    You are responsible for maintaining accurate payment information.

    If a payment fails, we may attempt to process the payment again or suspend access to paid services.

    We reserve the right to change our pricing with reasonable notice. Price changes generally apply to future billing periods and will not retroactively change charges already incurred.

    8. Free Trials and Promotional Offers

    If we offer a free trial, discounted period, promotional offer, or similar incentive, the specific terms presented with that offer will control.

    Unless otherwise stated, we reserve the right to limit, modify, suspend, or terminate promotional offers.

    A free trial may require valid payment information.

    If a trial automatically converts to a paid subscription, the applicable price and billing terms will be disclosed before or during signup.

    9. Cancellation

    You may cancel your subscription according to the cancellation procedure provided by Smithco Management.

    Unless otherwise stated in your order or service agreement, cancellation will generally prevent future recurring charges but will not eliminate fees that have already become due.

    Upon cancellation, access to paid services may continue through the end of the applicable paid billing period unless otherwise stated.

    We may terminate or suspend your account if you violate these Terms, fail to pay amounts due, misuse the services, or create a legal, security, or operational risk.

    10. Refunds

    Unless a separate written agreement or promotional offer states otherwise, fees already paid are generally non-refundable.

    If you believe you were incorrectly charged, contact us promptly so that we can review the issue.

    Any refunds issued are made at our discretion unless otherwise required by applicable law.

    11. Client Data

    You retain ownership of information and content that you provide to Smithco Management, subject to the rights necessary for us and our service providers to provide the services.

    You grant Smithco Management a limited, non-exclusive right to host, store, transmit, process, and otherwise use Client Data as reasonably necessary to provide, maintain, secure, and improve the services.

    Where Smithco Management processes personal information on your behalf, the parties' respective responsibilities may also be governed by our Privacy Policy and, where applicable, a separate Data Processing Addendum.

    You are responsible for maintaining appropriate backups of information that you consider important.

    12. Privacy

    Our collection and use of personal information is described in our Privacy Policy.

    Our Privacy Policy is incorporated into these Terms by reference.

    You can review the Privacy Policy on our website.

    13. Acceptable Use

    You may not use our services to:

  26. Violate any applicable law or regulation
  27. Commit fraud or facilitate fraudulent activity
  28. Send spam or unsolicited communications
  29. Harass, threaten, abuse, or deceive others
  30. Impersonate another person or business
  31. Distribute malware, viruses, or other malicious software
  32. Attempt to gain unauthorized access to accounts or systems
  33. Interfere with the operation of our services
  34. Circumvent security measures
  35. Collect information unlawfully
  36. Send unlawful or deceptive advertising
  37. Engage in illegal discrimination
  38. Promote illegal goods or services
  39. Infringe intellectual-property rights
  40. Use our services in a way that could cause significant harm to another person or business

    41. We reserve the right to investigate suspected violations and take appropriate action.

    14. Reviews and Reputation Management

    If you use our review-management services, you remain responsible for the authenticity and accuracy of the underlying customer interactions and review requests.

    You may not use our services to:

  41. Create fake reviews
  42. Purchase or manufacture reviews
  43. Impersonate customers
  44. Submit reviews on behalf of customers without authorization
  45. Manipulate reviews through deceptive practices
  46. Intentionally misrepresent customer experiences
  47. Violate the policies of third-party review platforms

    48. Smithco Management does not guarantee that any customer will leave a review, that a review will be positive, or that a third-party platform will publish or retain a review.

    Third-party platforms may independently remove reviews or restrict accounts according to their own policies.

    15. Intellectual Property

    The Smithco Management website, branding, logos, designs, text, software configurations, processes, templates, materials, and other content provided by us are owned by Smithco Management or our licensors unless otherwise stated.

    You may use our services and materials only for the purposes permitted under your agreement with us.

    You may not copy, reproduce, resell, distribute, modify, reverse engineer, or commercially exploit our proprietary materials without our written permission.

    You retain ownership of your own trademarks, branding, customer information, and content.

    16. Third-Party Content and Services

    Our services may provide integrations or connections to third-party platforms.

    We do not guarantee the accuracy, availability, security, or continued operation of third-party services.

    Your relationship with a third-party provider is governed by that provider's terms and policies.

    17. Service Availability

    We make reasonable efforts to maintain availability of our services but do not guarantee uninterrupted or error-free operation.

    Services may occasionally be unavailable because of:

  48. Maintenance
  49. Software updates
  50. Internet or telecommunications failures
  51. Third-party outages
  52. Security incidents
  53. Infrastructure failures
  54. Events outside our reasonable control

    55. We are not responsible for losses caused solely by circumstances beyond our reasonable control.

    18. No Guarantee of Business Results

    Smithco Management provides marketing and technology services but does not guarantee specific business results.

    We do not guarantee:

  55. A particular number of leads
  56. A particular number of customers
  57. Increased revenue
  58. Increased reviews
  59. Positive reviews
  60. Increased search rankings
  61. Specific advertising results
  62. Specific conversion rates
  63. Specific return on investment

    64. Results vary based on numerous factors outside our control.

    19. Disclaimer of Warranties

    To the maximum extent permitted by law, our services are provided on an "as is" and "as available" basis.

    We disclaim warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and reliability, except where such warranties cannot legally be excluded.

    20. Limitation of Liability

    To the maximum extent permitted by applicable law, Smithco Management and its owners, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your use of the services.

    This may include loss of profits, revenue, business opportunities, data, goodwill, or anticipated savings.

    To the maximum extent permitted by law, Smithco Management's total aggregate liability arising from or relating to the services will not exceed the amount you paid to Smithco Management for the services during the three months immediately preceding the event giving rise to the claim.

    Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

    21. Indemnification

    To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Smithco Management and its owners, employees, contractors, affiliates, and service providers from claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:

  64. Your violation of these Terms
  65. Your use or misuse of the services
  66. Your violation of applicable law
  67. Your marketing communications
  68. Your customer or contact lists
  69. Your collection or use of personal information
  70. Your violation of another person's rights
  71. Content or information you submit through the services

    72. 22. Dispute Resolution

    Before initiating formal legal proceedings, you agree to first contact Smithco Management and provide a reasonable opportunity to resolve the dispute informally.

    If a dispute cannot be resolved informally, it will be handled in accordance with applicable Texas law and the applicable courts located in Texas, unless applicable law requires otherwise.

    23. Governing Law

    These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

    Any legal action not subject to another mandatory dispute-resolution procedure will be brought in a court of competent jurisdiction in Texas, unless applicable law requires a different venue.

    24. Changes to These Terms

    We may modify these Terms from time to time.

    When we make changes, we will update the "Last Updated" date.

    Your continued use of the services after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by law.

    If a material change requires additional notice under applicable law, we will provide that notice.

    25. Severability

    If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect to the extent permitted by law.

    26. No Waiver

    Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision later.

    27. Entire Agreement

    These Terms, together with any applicable order, service agreement, Data Processing Addendum, Privacy Policy, and other written agreements between you and Smithco Management, constitute the agreement governing your use of the applicable services.

    If there is a conflict between these Terms and a separately executed written agreement, the separately executed agreement will control to the extent of the conflict.

    28. Contact Information

    Questions concerning these Terms may be directed to:

    Smithco Management

    Website: smithcomgmt.net

    Email: tyler@smithcomgmt.net

    Location: Texas, United States

    Important: These Terms are provided as a general business template and are not legal advice. Your actual services, pricing structure, SMS practices, client contracts, data-processing arrangements, and applicable laws may require additional provisions. We recommend having the final Terms reviewed by a qualified attorney before relying on them as your legal agreement.