Last Updated: March 26, 2026
By accessing or using the AI optimization and automation services provided by The Smart Layer ("we," "us," or "our") at https://thesmartlayer.com, you agree to be bound by these Terms of Service. If you do not agree to these Terms, you may not use our services.
The Smart Layer provides AI-powered business automation solutions, including professional websites with AI chatbots, AI voice phone agents, customer portals, business dashboards, automated scheduling, lead management, AI visibility monitoring, and social media and review management services.
You must be at least 18 years of age to use our services. By using our services, you represent and warrant that you are at least 18 years old.
Free Trial: New clients receive a free first month that includes a professional website, AI chatbot, and AI phone agent. The free trial begins on the date your site goes live. No credit card is required to start the free trial.
Billing: After the free trial period, your chosen subscription plan will begin billing on a monthly recurring basis. Additional services not included in the free trial (such as AI visibility reports, social media management, and review management) begin billing when your paid subscription starts.
Founding Member Rates: Clients who sign up during our founding member period will have their subscription rate locked in at the rate in effect at the time of sign-up, even if standard rates increase in the future.
Cancellation: You may cancel your subscription at any time with 30 days' written notice. Upon cancellation, your services will remain active until the end of the current billing period. No partial refunds are issued for unused portions of a billing period.
Setup and Consulting Fees: Due to the custom nature of our AI development and automation builds, any one-time setup fees or consulting charges are non-refundable once work has commenced.
SMS Messages: If you choose to opt in through a consent checkbox on our forms, chatbot confirmation, verbal confirmation during a call, or text message interaction, you consent to receive transactional SMS messages from The Smart Layer for audit request follow-up and appointment coordination. SMS consent is optional, and declining SMS consent does not prevent service delivery or email follow-up. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time.
AI-Powered Calls: You acknowledge and consent that our services include AI voice agents that may answer calls, place outbound calls (such as appointment reminders or follow-ups), and transfer calls on your behalf. All calls handled by AI agents may be recorded and transcribed for quality assurance, service delivery, and record-keeping.
Your Responsibility: If you use our AI agents to interact with your customers, you are responsible for ensuring your customers are informed that they may be interacting with an AI agent and that calls may be recorded. We provide guidance and suggested disclosure language to help you meet this obligation.
You retain full ownership of your customer data, business information, and business assets at all times. The Smart Layer retains all intellectual property rights to the custom workflows, proprietary AI prompts, system architecture, and software integrations developed during our engagement. You are granted a non-exclusive license to use these works for the duration of your active subscription.
Any website domain registered on your behalf or transferred to our management remains your property at all times — during your subscription and after cancellation. Upon cancellation, we will transfer full registrar access to you within 30 days of your last day of service. You are responsible for maintaining domain registration fees after the transfer is complete.
All client data — including customer records, appointment history, lead information, chat transcripts, and call transcripts — belongs to you. Upon cancellation, you may request a full export of your data. We will provide your data in a standard format (such as CSV) within 30 days of your request at no additional charge.
You agree not to use our services to:
We reserve the right to suspend or terminate access for violations of this section.
Our services utilize third-party infrastructure providers for AI processing, telephony, database management, and hosting. We are not liable for service interruptions, data loss, or system failures originating from these external providers.
Artificial intelligence can occasionally generate inaccurate, incomplete, or unintended outputs. While we make reasonable efforts to train and optimize AI agents for accuracy, we are not legally or financially responsible for actions taken or damages incurred based on AI-generated outputs, including but not limited to incorrect scheduling, inaccurate business information, or miscommunicated details.
You acknowledge that AI agents operate based on the training data and instructions provided, and that no AI system is guaranteed to be error-free.
We make reasonable efforts to maintain the availability and performance of our services. However, our platform depends on third-party providers, and we do not guarantee any specific uptime percentage. Scheduled maintenance, provider outages, and circumstances beyond our control may result in temporary service interruptions. We will make reasonable efforts to notify you of planned maintenance in advance.
You agree to indemnify, defend, and hold harmless The Smart Layer and its owner from any claims, damages, liabilities, or expenses arising from your use of our services, your violation of these Terms, your violation of any applicable law, or your infringement of any third-party rights.
In the event of any dispute arising from or relating to these Terms or our services, both parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue mediation before initiating any formal legal proceedings. This clause does not prevent either party from seeking urgent injunctive relief where necessary.
We reserve the right to suspend or terminate your access to our services for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or involves non-payment of fees. We will make reasonable efforts to provide notice before termination, except in cases of severe or repeated violations where immediate action is necessary.
Upon termination, your rights to use our platform and AI agents cease immediately, but your rights under Section 7 (Domain Ownership) and Section 8 (Data Ownership and Export) remain in effect.
The Smart Layer shall not be liable for any failure to perform its obligations where such failure results from any cause beyond our reasonable control, including, without limitation, natural disasters, pandemics, mechanical or electronic failure, communications degradation, third-party service outages, government actions, or labor disputes.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will continue in full force and effect.
We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date. We will make reasonable efforts to notify active clients of material changes. Continued use of our services after changes are posted constitutes acceptance of the updated Terms.
These Terms shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein.
If you have any questions about these Terms, please contact us:
John Schraa
The Smart Layer
Planet Hatch, 50 Crowther Lane Suite 140
Fredericton, NB E3C 0J1
Email: info@thesmartlayer.com
Phone: (855) 404-AIAI (2424)