Term & Conditions

Last updated: 1 September 2026

Purpose of these Terms of Service

The purpose of this agreement is to outline the terms and conditions under which Foundation5, doing business as Smarter Hello ("Smarter Hello," "we," "our," or "us"), will provide services (the "Services"), including but not limited to receiving and processing incoming calls, sending and receiving text messages, and fulfilling customer queries and requests for small businesses (referred to as "You"). By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

SMS/MMS Text Messaging Terms

These SMS/MMS Terms govern participation in Smarter Hello's text messaging program and apply to you and to any individual who receives messages from Smarter Hello.

1. Program description and messaging use cases

Foundation5, d/b/a Smarter Hello, operates an SMS/MMS text messaging program. Messages sent through this program include:

• Appointment messaging — scheduling requests, booking confirmations, reminders, reschedules, and cancellations;

• Customer care — responses to questions and support requests you send us;

• Account and billing notifications — service updates, payment reminders, and account status alerts; and

• Promotional messages — offers, announcements, and updates about Smarter Hello or the business you contacted through Smarter Hello, sent only where the recipient has separately and affirmatively opted in to marketing messages.

Messages are sent only to individuals who have provided prior express written consent. Consent is obtained through a web form on our website, verbal agreement captured during a phone call, an inbound text message from the recipient, a texted keyword, or a signed service or intake document. Consent for marketing messages is collected separately from consent for transactional and customer-care messages. Consent to receive text messages is never a condition of purchasing any goods or services.

2. How to opt out — Text STOP

You may cancel SMS messages at any time. Text STOP to any message you receive from us. After you send STOP, we will send you one final message confirming that you have been unsubscribed, and you will receive no further messages from that program unless you opt in again. To rejoin, sign up as you did initially or text START. You may also request removal by emailing [email protected] or calling (888) 380-3989.

3. Support contact information

For help at any time, text HELP to any message you receive from us for support information, or contact us directly:

• Email: [email protected]

• Phone: (888) 380-3989

• Business: Foundation5, d/b/a Smarter Hello

4. Message frequency, message and data rates

Message frequency varies depending on the nature of your interaction with Smarter Hello or with the business you contacted. Message and data rates may apply. Standard message and data rates charged by your wireless carrier apply to all messages sent to and received from Smarter Hello. Smarter Hello does not charge for the messages themselves; any charges are set by your mobile carrier under your service plan.

5. Carrier liability disclaimer

Carriers are not liable for delayed or undelivered messages. Supported carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost Mobile, U.S. Cellular, MetroPCS, Cricket, and other major U.S. wireless carriers. Carriers are not responsible for supported features, for message delivery, or for any delayed or undelivered messages. Delivery is subject to effective transmission by your carrier and network availability.

6. Age restriction

You must be at least 18 years of age to consent to and participate in Smarter Hello's SMS/MMS messaging program. By opting in, you represent and warrant that you are 18 or older. We do not knowingly collect mobile phone numbers from, or send messages to, anyone under the age of 18. If we learn that we have collected a mobile number from a person under 18, we will delete that information promptly.

7. Privacy and Privacy Policy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. Mobile phone numbers and SMS/MMS consent data are never sold, rented, or traded.

For full details on how we collect, use, store, and protect your information, please read our Privacy Policy: https://connect.smarterhello.com/privacy-policy/

8. Applicability

These SMS/MMS Terms apply in addition to, and are incorporated into, the general Terms of Service below. In the event of any conflict between this section and the remainder of these Terms as it relates specifically to text messaging, this section controls.

Services

Smarter Hello will receive and process incoming calls, and send and receive text messages, on your behalf, and assist in fulfilling your customers' queries and requests to the best of its abilities. Smarter Hello will leverage the latest artificial intelligence technology to provide accurate and efficient service. While Smarter Hello strives to maintain uninterrupted service availability, the Services may be subject to interruptions, delays, or other issues due to maintenance, repairs, upgrades, or factors beyond Smarter Hello's control. Smarter Hello will make reasonable efforts to notify you of any such issues. You acknowledge that Smarter Hello is not liable for any losses or damages resulting from service unavailability.

Your Responsibilities and Acceptable Use

If you use the Services to send messages to your own customers, you are responsible for:

• Obtaining and maintaining prior express written consent from every recipient before any message is sent;

• Retaining records of that consent and providing them to Smarter Hello on request;

• Honoring all opt-out requests promptly;

• Ensuring your messages comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA Messaging Principles and Best Practices, and all other applicable laws and carrier rules; and

• Not sending messages relating to prohibited content categories, including but not limited to high-risk financial offerings, illegal substances, hate speech, or any fraudulent, deceptive, or unlawful content.

Violation of this section may result in immediate suspension or termination of the Services without refund.

Service Fees and Payments

You agree to pay the applicable fees for the Services (the "Fees") as outlined on Smarter Hello's website or as otherwise agreed upon. Smarter Hello reserves the right to modify the Fees at its discretion and will provide you with notice of any changes. Payments are due on the first day of each month, and failure to pay on time may result in service suspension.

Currently, Smarter Hello does not impose additional fees for features such as call transfers (including international transfers), SMS text messages, or other included services, provided they fall within our fair usage policy. However, Smarter Hello reserves the right to introduce additional fees for these features in the future. Fair usage is defined at Smarter Hello's sole discretion.

All Fees are payable in advance and are non-refundable, except as required by applicable law. You are responsible for providing accurate billing and contact information and must promptly update this information as needed.

Cancellation

You may cancel the Services at any time by submitting a cancellation request through Smarter Hello's web portal. Smarter Hello may also terminate this agreement if you fail to pay the monthly fee or breach any terms of this agreement. These Terms of Service will remain in effect until terminated by you or Smarter Hello.

Limitation of Liability

Smarter Hello shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to the use or inability to use the Services.

Smarter Hello is not responsible for:

• Errors or omissions in information provided through the Services.

• Security breaches, unauthorized access, hacking, phishing, or malicious activities.

• The accuracy, completeness, or usefulness of the information provided through the Services.

• Damages or losses related to third-party websites or services accessed through Smarter Hello.

• Service disruptions, failures, or malfunctions, including delayed or undelivered text messages.

• Loss of data or data breaches.

• Disputes between you and any third parties, including other customers or service providers.

• Any violation of applicable laws or regulations by you, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act, to the extent such violation results from your use of the Services outside of Smarter Hello's instructions.

These limitations of liability apply to the fullest extent permitted by law. You agree to indemnify, defend, and hold harmless Smarter Hello, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of the Services or your breach of these Terms.

Dispute Resolution

Any disputes arising under this agreement will be resolved through mediation and, if necessary, arbitration under the rules of the American Arbitration Association.

Referral Program

By participating in Smarter Hello's Referral Program, participants acknowledge and agree to these terms. Participants must sign up to be eligible. For each successful referral, the referrer will receive a $10 reward, and the referred party will receive a $10 discount on their first use of Smarter Hello's services. Referral commissions will be available for payout after 14 days from the payment date. If a referred account receives a refund, the referral commission will be voided.

Rewards are granted as cash and can be redeemed globally without commission limits or a minimum redemption threshold. Participants will have access to a dashboard for tracking referrals. Smarter Hello reserves the right to modify, suspend, or terminate the referral program without prior notice. Participation in the program constitutes acceptance of these terms.

Participants must comply with all applicable laws and regulations, including anti-spam laws. Abuse of the referral program, including fraud or attempts to game the system, will result in immediate termination and forfeiture of any pending rewards. Smarter Hello disclaims all liability related to the referral program to the fullest extent permitted by law. Participants agree to indemnify and hold harmless Smarter Hello, its affiliates, officers, agents, employees, and partners from any claims arising from participation in the referral program.

By joining the referral program, participants consent to Smarter Hello's collection, use, and disclosure of personal data as described in Smarter Hello's Privacy Policy for program administration.

Warranty Disclaimer

Smarter Hello provides its Services on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. While Smarter Hello strives to provide accurate and reliable services, it does not guarantee accuracy, completeness, timeliness, or availability. Smarter Hello is not liable for any loss or damage resulting from the use of its Services.

Changes to the Terms of Service

Smarter Hello may modify these Terms of Service at any time by providing notice through its customer web portal or by posting the updated Terms on this page. Continued use of the Services after changes are made constitutes acceptance of the revised terms.

Data Privacy and Security

Smarter Hello prioritizes the privacy and security of your data. Smarter Hello will only collect, use, and share personal and business information as necessary to provide the agreed-upon Services and as required by law. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes, and text messaging originator opt-in data and consent will not be shared with any third parties. We implement appropriate technical and organizational measures, including encryption in transit and restricted access controls, to protect your data from unauthorized access, disclosure, alteration, or destruction.

Full details are set out in our Privacy Policy.

Confidentiality

Smarter Hello will maintain the confidentiality of any information you provide, including business and customer details, and will not disclose it to third parties without your prior written consent, except as required by law.

Contact Us

If you have questions about these Terms, the SMS/MMS Text Messaging Terms, or your account, please contact us:

Foundation5, d/b/a Smarter Hello
Email: [email protected]
Phone: (888) 380-3989