Terms and Conditions

SmartBrain Services is a digital services provider specialized in business automation with artificial intelligence. We operate through the website https://smartbrainservices.com and you can reach us at soporte@smartbrainservices.com.

By accessing this website, you agree to:

• Use the site only for lawful purposes and in a way that doesn't infringe on third-party rights.
• Not attempt unauthorized access to any part of the site or its systems.
• Not post, transmit, or distribute illegal, harmful, defamatory, or fraudulent content.
• Not engage in activities that could damage, disable, or overload the site.

We reserve the right to suspend access to the site for any user who breaches these conditions, without prior notice.

SmartBrain Services' services are formalized through a proposal or quote accepted by both parties. Every project includes:

• A defined scope documented in the proposal.
• An initial implementation payment before development begins.
• A monthly fee for maintenance, support, and ongoing operation.

Work begins once the agreed initial payment has been received.

Some SmartBrain Services products have their own specific terms of use, in addition to these: Kodama IA's terms of use (commercial license, refund policy, and activation) and SBS - CRM's terms of use (plans, license activation, data, and refunds). In case of any discrepancy, the product-specific terms prevail over these general terms for that particular product.

Payment conditions are as follows:

• Initial payment: paid before the project starts and is non-refundable once development has begun.
• Monthly plan: billed recurrently on the agreed date. Non-payment for more than 15 days may result in service suspension.
• Prices: prices published on the site are for reference. The final price is set in the personalized proposal.
• Taxes: prices do not include applicable local taxes, which are the customer's responsibility according to their jurisdiction.

• Monthly plan cancellation: you can cancel anytime with 30 days' prior written notice to soporte@smartbrainservices.com.
• Initial payment: non-refundable once development has started. If the project hasn't started, we'll evaluate a refund case by case.
• Paid monthly plan: no refunds for already-billed, in-progress periods.

Upon cancellation, we'll deliver to the customer all developed assets (code, designs, content) that belong to them as agreed.

Once the project is paid in full, the customer receives ownership of the specifically agreed deliverables (website, designs, custom content).

SmartBrain Services retains rights over:

• Tools, frameworks, and reusable base code that are part of our internal infrastructure.
• Methodologies, processes, and know-how developed during projects.
• Any third-party component subject to its own licenses.

All content on this website (text, images, logos, design) is the property of SmartBrain Services and is protected by applicable intellectual property laws.

Both parties agree to keep confidential any sensitive information shared during the business relationship: business data, strategies, access credentials, and any other data marked as confidential.

This obligation remains in effect for 2 years after the business relationship ends.

SmartBrain Services will not be liable for:

• Business, revenue, or data losses arising from use or inability to use the services.
• Service interruptions caused by third parties (hosting providers, force majeure, etc.).
• Damage caused by improper use of the delivered systems by the customer.
• Changes to third-party platforms (WhatsApp, Google, Meta) that affect integration functionality.

In any case, our maximum liability will be limited to the amount paid for the specific service in question during the last 3 months.

We strive to keep our services available 24/7, but we don't guarantee 100% availability. Planned maintenance work will be communicated with reasonable advance notice.

In the event of an unplanned interruption, we'll work to restore service as quickly as possible.

We may modify these Terms and Conditions at any time. Changes take effect upon publication on this site. If you continue using our services after changes are published, you'll be deemed to have accepted them.

For substantial changes affecting existing contracts, we'll notify active customers at least 15 days in advance.

These terms are governed by the laws applicable in SmartBrain Services' jurisdiction of operation. In the event of a dispute, the parties agree to first seek an amicable resolution through direct communication.

If no agreement is reached within 30 days, the parties may resort to the corresponding legal mechanisms.

For any inquiries related to these Terms and Conditions, contact us at: soporte@smartbrainservices.com

These terms cover our website and contracted services. For our internal-use AI assistants and chatbots, see our dedicated AI Assistants Terms of Use.