SmartLev Service Agreement

Revised 4-24-2024

1. Introduction

This Terms of Service Agreement ("Agreement") is entered into by and between Learner Park LLC, doing business as SmartLev and Ai Smart Assistant ("Agency"), and you, the user of the SmartLev platform ("Client"). This Agreement sets forth the general terms and conditions of your use of the SmartLev software platform and any of its related products and services (collectively, "Services").

2. Accounts and Membership

By using the Services, you represent and warrant that you are at least 18 years of age and that you have the legal capacity and authority to enter into this Agreement. You agree to provide accurate and complete information when you register with, and as you use, the Services, and you agree to update your account information to keep it accurate and complete.

3. Service Provision

The Services are provided on a month-to-month basis. There is no term contract required, ensuring flexibility for the Client.

4. Cancellation Policy

Clients may cancel the Services at any time by providing a 30-day written notice. All client data, including contacts and associated information, remains the property of the Client and may be exported at any time. Phone numbers that are compliant with current communication regulations are portable and may be transferred out of SmartLev at any time, subject to the rules and requirements of the relevant carriers.

5. Client Assets and Intellectual Property

Client retains ownership and control over all assets created by them within their account on SmartLev, including but not limited to funnels, forms, websites, automations, templates, and surveys. These assets are fully transferable to another similar platform at clients expense. Assets provided by the Agency including but not limited to funnels, forms, websites, automations, templates, surveys etc. that are proprietary and not created specifically by the Client are non-transferable and remain the intellectual property of the Agency..

6. Agency's Liability

After any promotional guarantee period, the Agency’s liability is limited to a refund of not more than the subscription fee paid by the Client for the last 30 days. The Agency is not liable for any direct, indirect, incidental, or consequential damages arising from the Client’s use of the Services or any assets created or provided by the Agency.

7. Modification of Terms

The Agency reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the Service and/or the website SmartLev.com. Continued use of the Service after any such changes shall constitute your consent to such changes.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State in which the Agency is incorporated, without regard to its conflict of law principles.

9. Dispute Resolution

Any disputes arising out of or related to this Agreement shall be handled through arbitration in accordance with the rules of the American Arbitration Association.

10. General Provisions

This Agreement constitutes the entire agreement between you and the Agency regarding your use of the Services and supersedes all prior and contemporaneous written or oral agreements between you and the Agency. You may not assign this Agreement without the prior written consent of the Agency, but the Agency may assign or transfer this Agreement, in whole or in part, without restriction.

11. Media Use and Credits

11.1 Monthly Media Credits

As part of the Services, consistent with the Client’s subscription level, the Client is issued a monthly credit in dollars towards all media consumed using the SmartLev platform. This includes, but is not limited to, phone calls, text messages (both SMS and MMS), emails, Ai services, and any other media services made available to and consumed by the Client.

11.2 Usage of Credits

Media consumed beyond the amount of the complimentary media credits will be charged to the Client’s card on file. Additional credits can be added to the Client’s wallet in increments of their choice, as specified by the Client at the time of purchase.

11.3 Non-Accumulation of Credits

Complimentary media credits issued on a monthly basis do not accumulate or roll over to subsequent months. Each month’s allocation is available for use within that specific billing cycle only.

11.4 Refund and Expiration of Purchased Credits

Media credits purchased by the Client and added to their wallet do not expire, and remain valid indefinitely unless used and are refundable in the event of cancellation of the Services.

11.5 Pricing of Additional Media Credits

The pricing for additional media credits is as currently displayed on the Agency’s websites. Clients are encouraged to review these rates periodically to stay informed of any changes.

12. 'Kate' AI Smart Assistant Functionality

12.1 Ownership and Rights

The proprietary Ai Smart Assistant functionality, referred to as "Kate", is an exclusive feature of the SmartLev platform developed and owned by Learner Park LLC. The Agency retains all rights and privileges to this functionality, and it is provided for exclusive use by its clients while subscribed to the Services.

12.2 Restrictions on Transfer and Use

Clients do not own or acquire any separate rights to the automations, forms, funnels, or other assets specifically related to the Agency's AI Smart Assistant functionality. Clients are expressly prohibited from transferring, copying, lending, giving, or selling any of these assets to any other party. Furthermore, Clients are not permitted to use these assets on any other similar platform or service. Doing so constitutes a breach of this agreement and a violation of the intellectual property rights of the Agency.

12.3 Enforcement of Rights

The Agency reserves the right to enforce its ownership and exclusive rights to the "Kate" AI Smart Assistant functionality through all available legal means. Violations of these terms may result in immediate termination of service and potential legal action to protect the Agency's intellectual property and business interests.