Terms of Service

Smile n Dial is an AI calling agent for pre-construction real estate sales. It reads the documents you upload, writes a call script from them, phones the people on the lists you import from telephone numbers set up for your organization, books viewings, and keeps a recording, a transcript and a summary of each call.

The service is in private release. Access is by invitation, and we may add, change or remove features as we develop it. If a change would take away something you rely on, we will give you notice where we reasonably can.

• You must be at least 18 and use the service for business purposes.
• Give accurate account information and keep it current.
• Keep sign-in details secure. You are responsible for what is done through your organization’s account, including by the team members you invite.
• Tell us promptly at tech@smilendial.ai if you think an account has been used without permission.

You keep ownership of everything you put into the service and everything it produces for you: documents, lists, scripts, recordings, transcripts, summaries and appointments (“your content”).

You give us permission to host, copy, process and transmit your content as needed to provide, secure, support and improve the service. We do not use your content to train artificial intelligence models, and we do not sell it.

You confirm that you have the right to upload your documents and lists and to have us use them this way.

The people on your lists are your contacts. For their personal information you are the organization responsible under privacy law, and we handle it on your behalf as your service provider, as the Privacy Policy describes. You are responsible for answering their requests about it, and we will help.

You decide who the agent calls, about what, and when, and the agent speaks on your behalf. You are responsible for making sure that every call it places for you is lawful where the person called lives. That includes:

• having the consent or other legal basis you need to call each person on a list, and importing only lists that you obtained lawfully and that are accurate;
• telemarketing and do-not-call rules, including Canada’s Unsolicited Telecommunications Rules and National Do Not Call List, the United States’ Telephone Consumer Protection Act and Telemarketing Sales Rule, and provincial and state laws, including any rules about calls that use an artificial or automated voice;
• any registration, licence or subscription those rules require of you;
• the real estate, advertising and consumer protection rules that apply to you and to the project;
• keeping your own do-not-call list and applying it to every list you import.

Recording. The service records every call. If the law where you call requires people to be told that a call is recorded, or to agree to it, you must make sure your script tells them.

Opt-outs. When someone asks not to be called, the agent records the request, ends the call and does not dial that number again in that campaign. The service does not apply the request to your other campaigns or to your systems outside Smile n Dial. That is yours to do.

The compliance features are aids. Calling-hour limits, holiday skipping and opt-out recording are there to help you. They are not legal advice, and they do not guarantee that a call is lawful. The service works out where a person is from their area code, which will be wrong for someone who has moved and kept their number.

Review before you dial. The script, facts and answers are written by AI from your documents. Read them, correct them and have the agent call your own phone before you start a campaign. You are responsible for what the agent says for you.

You may not use the service to:

• call people you have no right to call, or anyone who has asked you not to;
• call emergency numbers;
• harass, threaten or deceive anyone, impersonate a person or an organization, or show misleading caller identification;
• have the agent say anything unlawful or misleading, including promises of guaranteed returns;
• upload content you have no right to use, or malicious code;
• get around the service’s limits, such as daily call limits or your number allowance;
• probe, overload or disrupt the service, or reach it other than through the interfaces we provide;
• copy, resell or reverse engineer the service, or use it to build a competing product.

• Numbers we set up for your organization come from our telephone carrier and stay subject to its rules and to telecommunications regulations. You do not own them. A number you retire, or hold when your account closes, is released back to the carrier after a waiting period.
• A number you bring to the service stays yours. We will not release it without your instruction.
• Each number has a daily limit on first calls, lower while the number is new, to protect its reputation.
• The service dials numbers in Canada and the United States only.
• Carriers and phones may label, filter or block calls. We do not guarantee that a call is delivered or answered, or how your number is displayed.

Connecting Google Calendar is optional. If you connect it, your use of Google is under Google’s terms, and bookings are only as accurate as the calendar and the viewing hours you set. We are not responsible for services we do not run.

The script, the agent’s answers, transcripts, summaries and call outcomes are produced by AI and can be wrong or incomplete. The agent is instructed to quote only the figures in your documents and not to give legal, tax or mortgage advice, but we do not promise that it will never misstate something. Check the recording when something matters, such as a booking or a request not to be called. Nothing the service produces is legal or professional advice.

During the private release, any fees are the ones we agree with you in writing before they apply. We will tell you before introducing or changing fees, and you can stop using the service before they take effect. Fees do not include taxes.

We own the service: its software, design, text and brand. These terms give you the right to use it while your account is open, and nothing more. If you send us suggestions, we may use them without owing you anything.

Each of us will keep the other’s non-public information confidential and use it only for the purposes of these terms. For us that includes your documents, lists and call records. This does not cover information that is public or that the law requires one of us to disclose.

• You can stop using the service at any time and ask us to close your account.
• We may suspend or close an account that breaks these terms, that puts the service, our numbers or other people at risk, that draws complaints about its calls, or that a carrier, a regulator or the law requires us to stop serving. Where we reasonably can, we will tell you first and give you the chance to fix the problem.
• When an account closes, your access ends. Ask us when you close it and we will give you a copy of your content. We then delete it as the Privacy Policy describes.

The service is provided as it is and as it is available. To the extent the law allows, we make no warranties or conditions of any kind, express or implied, including of merchantability, fitness for a particular purpose and non-infringement. We do not promise that the service will be uninterrupted or free of errors, or any result from using it, such as answered calls, booked viewings or sales.

To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data. Our total liability for all claims about the service is limited to the greater of what you paid us for it in the month before the claim arose and one hundred Canadian dollars. These limits do not apply to your obligations under Indemnity or to liability that cannot be limited by law.

You will defend us against, and pay, any claim, fine, penalty and reasonable legal cost that a third party or a regulator brings against us because of your lists, your content, the calls placed for you, or your breach of these terms or of the law. We will tell you promptly about any such claim and cooperate with you in defending it.

We may change these terms. We will post the new version here with a new date, and for a material change we will email your account’s admins at least 14 days before it takes effect. If you keep using the service after that, you accept the new terms.

These terms are governed by the laws of Ontario and the federal laws of Canada that apply there. The courts of Ontario have exclusive jurisdiction over any dispute about them, and each of us accepts that.

• These terms, with anything we agree with you in writing, are the whole agreement about the service.
• If part of them cannot be enforced, the rest still applies.
• Not enforcing a term is not giving it up.
• You may not transfer this agreement without our consent. We may transfer it to a successor to our business.
• Neither of us is liable for a failure caused by something beyond reasonable control, such as a carrier or network outage.
• We are independent businesses. Nothing here makes either of us the other’s partner, employee or legal representative.
• We send notices to the email address on your account. Send yours to tech@smilendial.ai.

Questions about these terms go to tech@smilendial.ai.

Smile n Dial, Ontario, Canada.