Terms of Service

1. Agreement to Terms

By accessing or using the services provided by 123 Smart Media (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use our services.

These Terms apply to all visitors, users, and clients of 123smartmedia.com and all related services.

2. Services

123 Smart Media provides AI-powered digital marketing services for home service businesses, including but not limited to:

• Website design and hosting
• AI chatbot and receptionist services
• SMS and email automation
• Social media setup and management
• Lead generation and follow-up automation

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice.

3. Subscriptions and Billing

Subscription plans

Our services are offered on a monthly or annual subscription basis. Subscriptions automatically renew at the end of each billing period unless cancelled. Annual subscriptions are billed upfront for the full year.

Payment

All payments are processed securely through Stripe. By providing payment information, you authorize us to charge the applicable fees to your payment method. All fees are in US dollars and are non-refundable except as stated in Section 4.

Price changes

We reserve the right to change subscription prices. We will provide at least 30 days' notice before any price change takes effect for existing subscribers.

Add-ons

AI add-on services are billed as additional recurring charges on top of your base plan. One-time services (such as Social Media Business Page Setup) are billed once at the time of purchase.

4. Refund Policy

We offer a 30-day money-back guarantee on all new subscriptions. If you are not satisfied within the first 30 days, contact us at hello@123smartmedia.com for a full refund.

After 30 days, subscription fees are non-refundable. Cancellation takes effect at the end of the current billing period — you retain access until then. One-time fees are non-refundable once work has commenced.

5. Cancellation

You may cancel your subscription at any time from your dashboard under Billing, or by contacting us. There are no cancellation fees or long-term contracts. Cancellation takes effect at the end of the current billing cycle.

6. Acceptable Use

You agree not to use our services to:

• Violate any applicable law or regulation
• Send unsolicited spam or harass individuals
• Transmit malicious code or interfere with our systems
• Impersonate any person or entity
• Collect user data without consent
• Engage in any deceptive or fraudulent activity

We reserve the right to suspend or terminate accounts that violate these terms without refund.

7. SMS Communications

By opting into SMS communications, you consent to receive automated text messages from 123 Smart Media. You may opt out at any time by replying STOP. Standard message and data rates may apply. See our Privacy Policy for full SMS terms.

8. Intellectual Property

All website content, branding, software, and materials provided by 123 Smart Media are our property or licensed to us. You may not reproduce, distribute, or create derivative works without our written permission.

Content you provide (logos, business information, photos) remains your property. By submitting content, you grant us a license to use it to provide and promote our services on your behalf.

9. Website Ownership

Websites built and hosted by 123 Smart Media on behalf of clients are licensed to the client for the duration of their active subscription. Upon cancellation, clients may request a copy of their website assets (design files, copy, images) within 30 days. Hosting and AI services will be deactivated upon cancellation.

10. Limitation of Liability

To the maximum extent permitted by law, 123 Smart Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data, arising from your use of our services.

Our total liability for any claim arising from these Terms or our services shall not exceed the total fees paid by you in the 3 months preceding the claim.

11. Disclaimer of Warranties

Our services are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee specific results, lead volumes, or revenue outcomes. Individual results vary based on industry, location, competition, and other factors.

12. Indemnification

You agree to indemnify and hold harmless 123 Smart Media, its officers, employees, and agents from any claims, damages, or expenses arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.

13. Governing Law

These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Nassau County, New York.

14. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by email or by posting a notice on our website. Continued use of our services after changes constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms, contact us at: