Terms of Service

Last updated 13 October 2026

These terms (“Agreement”) are a legal agreement between the organisation that creates or uses a SmartContact workspace (“Customer”, “you”) and OHF Consulting Ltd, trading as SmartContact CRM, of Old Hall Farm, Main Street, North Muskham, Newark, Nottinghamshire, NG23 6HD, United Kingdom, company number 15763560, VAT number GB 487 7549 21 (“SmartContact”, “us” or “we”).

They grant you the right to access the SmartContact CRM service, including its web and mobile apps, API, AI agent (MCP) access, and any updates, upgrades, patches, fixes or workarounds we make available, together with any data, media or documents associated with it (the “Subscribed Services”).

We license use of the Subscribed Services to you on the basis of this Agreement. We do not sell the Subscribed Services to you. We, or our licensors, remain the owners of the Subscribed Services at all times.

If you accept this Agreement on behalf of an organisation, you confirm you have authority to bind it. The Subscribed Services are for business use. You must not use them as a consumer.

1. Definitions

• Customer Data means the data entered by you or on your behalf (including by your users, integrations, plugins and AI agents) into the Subscribed Services, and any data generated by or derived from your use of the Subscribed Services.
• Good Industry Practice means the degree of skill, care, prudence, efficiency, foresight and timeliness expected from a leading company in the software-as-a-service industry.
• Intellectual Property Rights means all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights, software and rights in data, domain names and all similar rights, in each case whether registered or not, including applications, renewals and extensions, wherever in the world.
• Plan means the Basic (free) or Standard plan (or any other plan we offer), with the limits and features described on our pricing page at the time.
• Users means the individuals you authorise to use the Subscribed Services under your workspace.
• Viruses means anything (including software, code, files or programs) that may prevent, impair or otherwise adversely affect the operation of any computer software, hardware, network, telecommunications service or data, including worms, trojan horses and similar things.
• Vulnerability means a weakness in software or hardware that, when exploited, harms confidentiality, integrity or availability.

2. Your account

2.1 You set up your workspace through our website or apps. You choose the region (UK/Europe or United States) where your Customer Data is hosted when you create the workspace.

2.2 You are responsible for your Users and for everything done under your workspace, including by API keys, integrations, plugins and AI agents you connect. Each User must keep their sign-in details confidential and must not share their account.

2.3 If you know or suspect that anyone other than an authorised User knows sign-in details, or that an API key has been exposed, you must revoke it and tell us without delay at operations@smartcontact.online.

2.4 We may suspend or disable a User or workspace if, in our reasonable opinion, you have failed to comply with this Agreement, or if needed to protect the security of the Subscribed Services or other customers.

3. Licence terms

3.1 We grant you a limited, non-exclusive, non-transferable, revocable licence, without the right to sublicense, for your Users to access and use the Subscribed Services during the term of this Agreement, solely for your internal business operations.

3.2 By using the Subscribed Services, you agree that:

• you are responsible for the accuracy of the information you put into the Subscribed Services; and
• this Agreement starts when you first click to accept it, or first use the Subscribed Services, whichever is earlier.

3.3 We make no representations, warranties or guarantees, express or implied, that content or output provided through the Subscribed Services (including reports, attribution and ROI figures, and anything produced with AI agents) is accurate, complete, up to date, or compliant with the laws where you operate.

3.4 You must:

• give us any co-operation and information we reasonably need to provide the Subscribed Services;
• comply with all applicable laws and regulations, including data protection, electronic marketing (such as PECR and anti-spam laws) and telecommunications laws, when you use the Subscribed Services; and
• make sure your own networks, devices and systems meet our published minimum requirements.

3.5 You have sole responsibility for the legality, reliability, integrity, accuracy and quality of Customer Data, and for having a lawful basis (and any consents needed) to put personal data into the Subscribed Services and to contact people through it.

3.6 You licence us to use Customer Data only to provide, secure and support the Subscribed Services, and to create aggregated, anonymised statistics that do not identify you or any individual. We do not use Customer Data to train AI models.

4. Plans, fees and payment

4.1 Basic plan. The Basic plan is free of charge and subject to the limits shown on our pricing page (currently up to 2 Users and 500 companies). If you reach a limit, you can keep viewing, editing and exporting your existing data, but you cannot add more until you upgrade. We may change Basic plan limits on at least 30 days’ notice.

4.2 Paid plans. Standard is charged per User per month (or per year, if you choose annual billing), in advance, by card or other method we accept through our payment provider, Stripe. Adding Users during a billing period is charged pro rata. Add-ons (such as extra SmartContact Drive storage) are charged monthly on top of your plan, and can be added to the Basic plan too. Usage-based items (such as SMS or WhatsApp lead capture) are charged by pre-paid credits. If you remove a storage add-on while using more space than your plan allows, you can still view, download and delete files, but you cannot upload more until you are back under the limit.

4.3 Prices exclude VAT and other sales taxes, which we add where required. Our VAT number is GB 487 7549 21. Business customers in other countries who give a valid VAT or tax number may be invoiced under the reverse charge.

4.4 If a payment fails, we will tell you and retry. If payment is still outstanding 14 days after the due date, we may restrict your workspace to read-only access, and after 30 days we may suspend it. We will not delete Customer Data because of non-payment without at least 30 days’ further written notice.

4.5 We may change our prices on at least 30 days’ notice. Price changes take effect from your next renewal. Fees already paid are non-refundable except where this Agreement or the law says otherwise.

5. Marketplace, plugins and AI agents

5.1 Plugins in our marketplace are provided by independent developers under their own terms, unless they are labelled as made by SmartContact. When an administrator installs a plugin, they authorise it to access the Customer Data shown on the install screen, and to send that data to the developer.

5.2 When you connect an AI agent (for example through our MCP server or API), the agent acts with the permissions of the User or API key you connect it with. You are responsible for the instructions you give it, for its actions in your workspace, and for your choice of AI provider. You decide whether to send Customer Data to that provider.

5.3 We are not responsible for third-party plugins, AI agents or services, or their handling of data, but we will remove a plugin from the marketplace if we find it breaches our developer terms.

6. Support

6.1 Support is provided by email at operations@smartcontact.online during 9:00am to 5:00pm UK time, Monday to Friday, excluding UK bank holidays (“Support Hours”). We aim to respond to Standard plan customers within one business day. Basic plan support is best-effort.

6.2 We will use reasonable endeavours to give advance notice of scheduled maintenance, and to carry it out at quiet times.

6.3 Support does not include procuring your internet access, your own backups, or fixing problems caused by third-party plugins or services.

6.4 You can export your Customer Data at any time from the app or the API.

7. Restrictions and acceptable use

7.1 You must not, and must not allow anyone else to:

• copy, modify, reverse engineer or decompile the Subscribed Services (except to the extent the law allows), or use them to build a competing product;
• resell, sublicense or provide the Subscribed Services to third parties, except through a plugin published under our developer terms;
• access the Subscribed Services by automated means other than our published API and MCP server, or exceed or try to get around rate limits or plan limits;
• probe, scan or test the Subscribed Services for Vulnerabilities without our written permission (you can report suspected Vulnerabilities to us in good faith at any time);
• use the Subscribed Services to send unsolicited marketing, or to message people who have not consented where consent is required; or
• use the Subscribed Services to transmit Viruses, or to store or send material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or discriminatory (including on grounds of race, sex, religion, disability, sexual orientation or age).

7.2 We may remove material, or suspend access, that breaches this section.

8. Data protection

8.1 For Customer Data that is personal data, you are the controller and we are your processor. Our privacy policy covers personal data for which we are the controller (such as your account and billing details).

8.2 When we process personal data as your processor, we will:

• process it only on your documented instructions, which are this Agreement and your use and configuration of the Subscribed Services, unless the law requires otherwise (in which case we will tell you, unless the law prevents us);
• make sure people authorised to process it are bound by confidentiality;
• implement appropriate technical and organisational security measures, in line with Good Industry Practice;
• use only the sub-processors listed in our privacy policy, under written contracts with equivalent data protection obligations. We will give at least 30 days’ notice (by email or in the app) of new sub-processors, and you may object on reasonable grounds and terminate if we cannot resolve the objection;
• transfer personal data outside the UK or EEA only with appropriate safeguards (such as the UK International Data Transfer Addendum and/or EU Standard Contractual Clauses, which are incorporated into this Agreement by reference where needed);
• help you respond to requests from data subjects, mainly through the self-service tools in the Subscribed Services (export, correction, erasure and retention rules);
• help you meet your security, breach-notification and impact-assessment obligations, taking into account the nature of the processing;
• tell you without undue delay, and within 48 hours where possible, after becoming aware of a personal data breach affecting your Customer Data;
• delete Customer Data within 30 days after the end of this Agreement (and from backups within a further 35 days), unless the law requires us to keep it. You can export it before then; and
• make available the information reasonably needed to show compliance with these obligations, and allow audits by you or your auditor on reasonable notice, no more than once a year (unless a regulator requires it), at your cost.

8.3 The processing covers the personal data you choose to store (typically names, business contact details, communications and notes about your customers, prospects and contacts), for the duration of this Agreement, for the purpose of providing the Subscribed Services.

8.4 When a person is erased using the Subscribed Services, we anonymise their record and keep a keyed one-way hash of identifiers so you can prevent them being re-added. You agree this is part of your instructions and you will reflect it in your own privacy notice where needed.

9. Changes to the Subscribed Services

9.1 We may release new versions of the Subscribed Services, and add, change or remove features, at our discretion.

9.2 We may modify features or set new limits, as long as this does not materially reduce the general functionality of a paid plan during a period you have already paid for.

9.3 If a change has a material adverse effect on you, you may end this Agreement by closing your workspace, and we will refund any prepaid fees for the unused period.

10. Intellectual Property Rights

10.1 All Intellectual Property Rights in the Subscribed Services belong to us or our licensors. You have the right to use the Subscribed Services, not ownership of them.

10.2 You own your Customer Data.

10.3 If you give us feedback or suggestions, we may use them freely and without any obligation to you.

11. Limitation of liability

11.1 Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

11.2 You are responsible for deciding whether the Subscribed Services are suitable for your purposes, including any regulated activity you carry out.

11.3 Subject to 11.1, we are not liable, whether in contract, tort (including negligence) or otherwise, for any loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss or corruption of data (beyond restoring it from our latest backup), loss of goodwill, or any indirect or consequential loss.

11.4 Subject to 11.1, our total aggregate liability arising under or in connection with this Agreement is limited to £5,000.

12. Term and termination

12.1 This Agreement continues until ended by either of us. You can end it at any time by closing your workspace. Paid subscriptions renew automatically at the end of each billing period unless cancelled before renewal.

12.2 We may end this Agreement on 30 days’ notice, or immediately if you materially breach it (and, if the breach can be fixed, fail to fix it within 14 days of our notice), or if you become insolvent.

12.3 On termination, all rights granted to you end and you must stop using the Subscribed Services, including any integrations or AI agents connected to them. We will make your Customer Data available for export for 30 days, then delete it as set out in section 8.

13. Communications

13.1 We may update this Agreement by giving you at least 30 days’ notice by email or in the app. Material changes take effect at your next renewal, or after the notice period for Basic plan customers. If you continue to use the Subscribed Services after a change takes effect, you accept it.

13.2 We will send notices to the email address of your workspace owner. You can send notices to operations@smartcontact.online.

14. Events outside our control

We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control (force majeure), including failures of third-party hosting, network or payment providers. If such an event continues for more than 30 days, either of us may end this Agreement by notice.

15. Personal information

Our privacy policy explains how we use personal information about you and your Users as a controller.

16. Comments and complaints

If you have a complaint, please contact us at operations@smartcontact.online. We aim to respond within 10 working days, and in any case within 30 working days.

17. Other important terms

17.1 Third parties. No one other than you and us has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce this Agreement.

17.2 Assignment. We may transfer our rights and obligations under this Agreement to another organisation, for example if our business is sold, and we will tell you if this happens. You need our written consent to transfer yours.

17.3 Entire agreement. This Agreement, together with the documents it refers to, is the whole agreement between us about its subject matter.

17.4 Severance. If any part of this Agreement is found to be invalid or unenforceable, the rest of it remains in force.

17.5 No waiver. If we delay or do not enforce any right, we can still enforce it later.

17.6 Governing law. This Agreement and any dispute arising from it are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.