Terms of Service

SmartCallPro is a brand operated by:

• KF Consulting s.r.o.
• Žirovnická 3133/6, Praha 10, 106 00, Czechia
• IČO: 09021680
• Email: compliance@smartcallpro.cz
• Website: https://smartcallpro.cz

In these Terms, the following definitions apply:

"We", "us", "our" means SmartCallPro, operated by KF Consulting s.r.o.

"You", "your" means any person or entity accessing our website or using our services.

"Website" means https://smartcallpro.cz and all associated pages.

"Services" means the Smart Call Assistant service and any associated features, automations, reports, and integrations provided by SmartCallPro.

"Client" means any business or individual who purchases and uses the Services under a signed Client Service Agreement.

"Smart Call Assistant" means the AI-powered automated call assistant deployed by SmartCallPro on behalf of clients.

"Content" means all text, images, graphics, data, software, and other material published on the Website.

By using our website or services, you confirm that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding agreement
• Where you are acting on behalf of a business, you have the authority to bind that business to these Terms
• Your use of the website and services complies with all applicable laws and regulations in your jurisdiction

Our services are intended for business use only. SmartCallPro does not provide services to private consumers acting outside the course of a business, trade, or profession.

4.1 Permitted use — You may access and use our website for lawful purposes only, including browsing our services, contacting us, and purchasing our services.

4.2 Prohibited use — You must not use our website to:

• Engage in any unlawful, fraudulent, or harmful activity
• Transmit any unsolicited commercial communications
• Upload or transmit viruses, malware, or any other malicious code
• Attempt to gain unauthorised access to any part of our website or systems
• Scrape, copy, or reproduce any content from our website without our prior written consent
• Impersonate SmartCallPro, our staff, or any other person or entity
• Use automated tools to access or interact with our website in a way that places unreasonable load on our infrastructure
• Engage in any activity that could damage, disable, or impair the proper functioning of our website

4.3 Availability — We make reasonable efforts to ensure our website is available at all times but do not guarantee uninterrupted access. We reserve the right to suspend or withdraw access to the website at any time without notice for maintenance, security, or operational reasons.

5.1 Service description — SmartCallPro provides AI-powered virtual call assistant services to businesses. Full details of our service plans, features, and pricing are available at https://smartcallpro.cz.

5.2 Service agreement — Use of our Services is governed by a separate Client Service Agreement which must be signed before Services commence. In the event of any conflict between these Terms and the Client Service Agreement, the Client Service Agreement shall prevail in respect of the Services.

5.3 Service availability — We use commercially reasonable efforts to provide the Services on a 24/7 basis. We do not guarantee uninterrupted service and are not liable for temporary interruptions resulting from maintenance, third-party infrastructure issues, or events outside our reasonable control.

5.4 Changes to services — We reserve the right to modify, update, or discontinue any aspect of our Services at any time. Where changes are material, we will provide reasonable notice to active clients.

6.1 Our content — All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, and software, is the property of KF Consulting s.r.o. or its licensors and is protected by applicable intellectual property laws.

6.2 Restricted use — You may not reproduce, distribute, modify, transmit, republish, display, or create derivative works from any content on our Website without our prior written consent, except for personal, non-commercial browsing purposes.

6.3 Your content — Any information, scripts, or business data you provide to SmartCallPro for the purpose of configuring the Services remains your property. By providing such content, you grant SmartCallPro a limited licence to use it solely for the purpose of delivering the Services.

6.4 Feedback — If you provide feedback, suggestions, or ideas about our Services, you grant SmartCallPro a non-exclusive, royalty-free, perpetual licence to use that feedback for any purpose without obligation or compensation to you.

Our website may contain links to third-party websites or reference third-party services. These links are provided for convenience only. SmartCallPro has no control over the content, privacy practices, or availability of third-party websites and accepts no responsibility for them. Accessing third-party websites is at your own risk.

8.1 No warranties — Our website and its content are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 Accuracy of information — We make reasonable efforts to ensure that information on our website is accurate and up to date. However, we do not warrant that all content is complete, accurate, or current. We reserve the right to change content at any time without notice.

8.3 Not professional advice — Nothing on our website constitutes legal, financial, regulatory, or professional advice. You should seek independent professional advice before making decisions based on content found on our website.

9.1 To the maximum extent permitted by applicable law, SmartCallPro and KF Consulting s.r.o. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use our website or services, including but not limited to loss of profit, loss of data, loss of business, or reputational damage.

9.2 Our total aggregate liability to you in connection with these Terms shall not exceed the greater of (a) the total fees paid by you to SmartCallPro in the three months preceding the event giving rise to the claim, or (b) EUR 100.

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

You agree to indemnify, defend, and hold harmless SmartCallPro, KF Consulting s.r.o., and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your use of our website or services in violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party rights
• Any content or instructions you provide to SmartCallPro in connection with the Services

Your use of our website and services is subject to our Privacy Policy and GDPR Compliance Policy, both available at https://smartcallpro.cz. By using our website or services, you acknowledge that you have read and understood these policies.

SmartCallPro operates in compliance with Regulation (EU) 2024/1689, the EU Artificial Intelligence Act. All callers interacting with the Smart Call Assistant are informed at the start of every call that they are speaking with an automated AI-powered system. Full details are set out in our EU Transparency & AI Compliance Policy.

We reserve the right to amend these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Your continued use of the website or services after the posting of updated Terms constitutes your acceptance of the changes.

For material changes, we will make reasonable efforts to notify active clients by email at least thirty (30) days before the changes take effect.

We reserve the right to suspend or terminate your access to our website or services at any time and without notice if we believe you have violated these Terms or any applicable law. Termination of access to the website does not affect any rights or obligations under a separately signed Client Service Agreement.

These Terms are governed by and construed in accordance with the laws of the Czech Republic. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of the Czech Republic.

If you are a consumer based in another EU member state, you may also have the right to bring proceedings in the courts of your country of residence under applicable EU consumer protection law. However, as our services are intended for business use only, consumer protection provisions do not ordinarily apply.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent court, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible. The remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, GDPR Compliance Policy, EU Transparency & AI Compliance Policy, Acceptable Use Policy, Service Level Agreement, and any signed Client Service Agreement, constitute the entire agreement between you and SmartCallPro with respect to your use of our website and services, and supersede all prior agreements and understandings.

If you have any questions about these Terms, please contact us:

• SmartCallPro — operated by KF Consulting s.r.o.
• Email: compliance@smartcallpro.cz
• Website: https://smartcallpro.cz
• Registered address: Žirovnická 3133/6, Praha 10, 106 00, Czechia
• IČO: 09021680