Effective Date: February 2026 Last Updated: February 2026
1. Introduction
Welcome to SmartCog AI. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Tetiana Ushakova, Individual Entrepreneur, operating as SmartCog AI ("SmartCog," "we," "us," or "our"), governing your access to and use of the SmartCog platform, services, and related tools.
By purchasing, accessing, or using any SmartCog service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Refund & Cancellation Policy, and our Cookie Policy, each of which is incorporated herein by reference. If you do not agree, you may not use our services.
SmartCog AI is a product of Tetiana Ushakova, Individual Entrepreneur (ФОП Ушакова Тетяна). State Registration Number (EDRPOU): 1909704087 Unified State Register Entry No.: 2010350010001083731 (dated 7 December 2021) Registered Address: Office 26, 59 Antonovycha Street, Kyiv, 03150, Ukraine Contact email: legal@smartcogai.com
2. About the Service
SmartCog provides a done-for-you AI chatbot development and hosting service. We design, build, deploy, and maintain custom AI-powered chat assistants for your website or application. The service is delivered entirely digitally — no physical goods are involved.
Our service includes custom chatbot development and configuration, knowledge base setup and management, hosting and infrastructure maintenance, ongoing security updates and monitoring, technical support, and access to multi-model AI capabilities through third-party providers.
SmartCog operates on a Bring Your Own Key (BYOK) model. You provide your own API keys for the underlying AI providers (such as OpenAI, Anthropic, or Google). Costs incurred from your use of those AI providers are billed directly by the respective AI provider to you, and are separate from any fees paid to SmartCog.
3. Order Processing and Payment
Payments for SmartCog services are processed through third-party payment providers. The specific payment provider and available payment methods will be presented to you at checkout. By completing a purchase, you agree to the applicable terms and conditions of the payment provider used to process your transaction.
SmartCog does not directly collect, store, or process your payment card information. All payment data is handled by our payment providers in accordance with applicable security standards, including PCI DSS. For billing inquiries related to a specific charge, please contact us at billing@smartcogai.com and we will assist you directly or direct you to the appropriate payment provider.
4. Pricing and Billing
4.1 — Setup Fees
All SmartCog engagements begin with a one-time setup fee that covers custom development work, including conversation flow design, interactive component development, API and data source integration, knowledge base configuration, engagement system setup, testing, and deployment. Setup fees vary by plan and are presented at the time of purchase. The current pricing tiers are displayed on our website at smartcogai.com.
4.2 — Monthly Subscriptions
Following setup, you will be billed a recurring monthly subscription fee. Subscriptions are billed monthly in advance, beginning on the date your chatbot is deployed. All subscriptions renew automatically on each monthly anniversary unless cancelled in accordance with our Refund & Cancellation Policy.
4.3 — Currency
All prices are quoted and billed in United States Dollars (USD) unless otherwise agreed in writing.
4.4 — Failed Payments
If a subscription payment fails, we will attempt to process the payment again over a seven (7) day grace period. If payment remains unsuccessful after this grace period, your service may be suspended until the outstanding balance is resolved. We will notify you by email before any suspension takes effect.
4.5 — Price Changes
We may adjust subscription pricing from time to time. We will provide at least thirty (30) days' written notice via email before any price change takes effect. Price changes will apply beginning with your next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the change takes effect.
4.6 — AI Provider Costs
Your costs for third-party AI providers (such as OpenAI, Anthropic, or Google) under the BYOK model are entirely separate from SmartCog fees. SmartCog does not control, set, or bill for AI provider usage costs. You are solely responsible for managing your API keys, monitoring your AI provider usage, and paying any associated charges directly to the respective AI provider.
4.7 — Taxes
Prices displayed on our website are exclusive of applicable taxes unless otherwise stated. Any applicable taxes, including VAT, will be calculated and displayed at checkout. You are responsible for any taxes applicable in your jurisdiction that are not collected at the point of sale.
5. Cancellation and Refunds
Our full cancellation and refund terms are set out in our Refund & Cancellation Policy, available at smartcogai.com/refund-policy. A summary is provided here for convenience.
Monthly subscriptions may be cancelled at any time with thirty (30) days' written notice. No refunds are issued for partial billing periods. Service continues until the end of your current paid period.
Standard Plan (Vertical Preset) setup fees: Because the Standard plan uses pre-built industry flows and standard components, a refund of the setup fee is available if requested within fourteen (14) calendar days of your chatbot being deployed. After this 14-day period, the setup fee is non-refundable.
Professional Plan (Fully Custom) setup fees: The Professional plan involves custom conversation flows, custom UI components, and bespoke integrations built specifically for your business. Due to the nature of this custom work, setup fees are non-refundable once development has begun. If you cancel before any development work has started, you are entitled to a full refund. We include reasonable revisions during the development phase to ensure the final build meets your requirements.
Enterprise Plan setup fees: Refund and cancellation terms for Enterprise engagements are defined in your individual service agreement.
To cancel or request a refund, contact us at billing@smartcogai.com.
6. Account Responsibilities
6.1 — Account Information
You agree to provide accurate, current, and complete information when registering for our service and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials, API keys, and any access tokens.
6.2 — Authorized Use
You are responsible for all activity that occurs under your account. You must promptly notify us at support@smartcogai.com if you become aware of any unauthorized use of your account or any security breach.
6.3 — Customer Cooperation
Successful delivery of our service requires your cooperation. You agree to provide necessary materials (brand assets, knowledge base content, API credentials) in a timely manner, respond to reasonable requests for information or feedback, and designate at least one authorized point of contact for your account.
7. Acceptable Use
You agree not to use the SmartCog service, or permit others to use it, in any manner that violates these Terms or applicable law. The following uses are prohibited:
Uploading, storing, or distributing through the chatbot knowledge base any content that is illegal, threatening, abusive, defamatory, obscene, or otherwise objectionable. Using the AI assistant for spam, phishing, social engineering, impersonation, or any form of deception. Attempting to reverse-engineer, decompile, or extract source code from the SmartCog platform. Using the service to collect personal information from end users without proper disclosure and consent. Overloading, disrupting, or interfering with the service infrastructure or the experience of other customers. Reselling, sublicensing, or redistributing the SmartCog service without our prior written consent. Using the service to generate content that infringes the intellectual property rights of any third party.
We reserve the right to investigate any suspected violation of these Terms. If we determine that a violation has occurred, we may take any action we deem appropriate, including issuing a warning, suspending or terminating your account, or removing content, with or without prior notice. Repeated or severe violations may result in immediate termination without a refund.
If you become aware of any misuse of the SmartCog platform, please report it to abuse@smartcogai.com.
8. Intellectual Property
8.1 — SmartCog Platform Intellectual Property
SmartCog retains all right, title, and interest in and to the SmartCog platform, including its core software, pre-built conversation flows, standard UI components, design system, internal tools, algorithms, and documentation. Nothing in these Terms transfers ownership of any SmartCog platform intellectual property to you. You are granted a limited, non-exclusive, non-transferable license to use the SmartCog platform for the duration of your subscription, solely for your internal business purposes.
8.2 — Your Content
You retain all right, title, and interest in and to your content, including your brand assets, knowledge base data, conversation data, and any materials you provide to us. You grant SmartCog a limited, non-exclusive license to use your content solely as necessary to operate and deliver the service to you. This license terminates when your account is closed, subject to any data retention obligations described in our Privacy Policy.
8.3 — Custom External Code and Integrations
Where SmartCog develops custom code that runs outside the SmartCog platform on your behalf — such as serverless functions deployed to your cloud infrastructure (e.g., Cloudflare Workers), custom API integrations, webhook handlers, or other external business logic — you own that custom external code. Upon termination of your subscription, you may continue to use, modify, and deploy this external code independently.
This ownership applies only to code that operates outside the SmartCog platform and was developed as part of a paid engagement (Professional or Enterprise plan). It does not extend to any SmartCog platform components, internal conversation flows, UI component libraries, or any code that forms part of the SmartCog system itself.
SmartCog retains the right to use general knowledge, techniques, and non-proprietary patterns developed during your engagement for other customers, provided that no confidential information or proprietary business logic specific to your business is reused.
8.4 — Custom UI Components Within the Platform
Custom interactive UI components built by SmartCog within the platform (such as custom chat cards, product displays, or booking interfaces) are part of the SmartCog platform and remain SmartCog's intellectual property. You receive a license to use these components as part of your active subscription. Your brand-specific assets (logos, colors, copy) incorporated into those components remain your property and will be removed or returned upon request after termination.
9. AI Disclaimer
SmartCog utilizes third-party artificial intelligence models, including products from OpenAI, Anthropic, Google, and others. You acknowledge and agree to the following:
AI-generated responses may contain inaccuracies, errors, or unexpected outputs. SmartCog does not guarantee the accuracy, completeness, or reliability of any AI-generated content. You are responsible for reviewing, approving, and monitoring the behavior of the AI assistant deployed on your website. SmartCog is not liable for any decisions made or actions taken by you, your customers, or end users based on AI-generated content. Each AI provider's own terms of service and data handling policies apply to data processed through their respective APIs. You are solely responsible for ensuring that the AI assistant's behavior on your website complies with all applicable laws and regulations in your jurisdiction, including consumer protection, advertising standards, and industry-specific requirements.
10. Service Level and Availability
SmartCog uses commercially reasonable efforts to maintain high availability of the service. However, we do not guarantee uninterrupted, error-free, or virus-free operation.
For Standard and Professional plans, we provide reasonable-efforts uptime without a formal Service Level Agreement (SLA). Enterprise customers may negotiate a custom SLA as part of their service agreement.
We may perform scheduled maintenance from time to time and will endeavor to provide advance notice when possible. SmartCog is not liable for any service interruptions caused by third-party providers, including AI providers, hosting services, DNS providers, or internet service providers.
11. Limitation of Liability
To the maximum extent permitted by applicable law, SmartCog's total aggregate liability to you for any and all claims arising out of or relating to these Terms or the service shall not exceed the total fees actually paid by you to SmartCog during the twelve (12) months immediately preceding the event giving rise to the claim.
In no event shall SmartCog be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or loss of goodwill, regardless of the cause of action or the theory of liability, even if SmartCog has been advised of the possibility of such damages.
SmartCog shall have no liability for the accuracy or content of AI-generated responses, for your compliance with industry-specific regulations or standards, for any third-party service outages or failures, or for any unauthorized access to your account resulting from your failure to maintain adequate security of your credentials.
12. Indemnification
You agree to indemnify, defend, and hold harmless SmartCog, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of the service, your content or knowledge base data, your violation of these Terms, your violation of any applicable law or regulation, or any third-party claim related to the AI assistant's behavior on your website.
13. Data Processing
Our collection, use, and protection of personal data is governed by our Privacy Policy, available at smartcogai.com/privacy. By using the service, you acknowledge and agree to the data practices described therein.
As a customer deploying a SmartCog chatbot on your website, you are responsible for providing appropriate privacy disclosures to your own end users regarding the chatbot's data collection practices. This includes disclosing that conversations may be processed by third-party AI providers.
14. Term and Termination
14.1 — Term
These Terms are effective from the date you first purchase or access the SmartCog service and continue until your subscription is terminated in accordance with these Terms.
14.2 — Termination by You
You may terminate your subscription at any time by providing thirty (30) days' written notice to billing@smartcogai.com. The terms of the Refund & Cancellation Policy apply.
14.3 — Termination by SmartCog
We may suspend or terminate your account immediately, with or without notice, if you materially breach these Terms (including the Acceptable Use provisions), if you fail to pay any amount when due after the grace period, if we are required to do so by law, or if we reasonably believe that your use of the service poses a risk to SmartCog, other customers, or third parties.
14.4 — Effect of Termination
Upon termination, your access to the SmartCog service will cease. You may request an export of your conversation data within thirty (30) days of termination by contacting support@smartcogai.com. After this period, your data will be deleted in accordance with our Privacy Policy. Termination does not relieve you of any obligation to pay fees incurred prior to termination.
15. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms that cannot be resolved through good-faith negotiation shall be submitted to binding arbitration administered by the Israeli Institute of Commercial Arbitration, in accordance with its rules then in effect. The seat of arbitration shall be Tel Aviv, Israel. The language of the arbitration shall be English.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
16. Modifications to These Terms
We reserve the right to modify these Terms at any time. We will provide at least thirty (30) days' notice of material changes via email to the address associated with your account. Your continued use of the service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may cancel your subscription before the changes take effect.
17. General Provisions
Entire Agreement. These Terms, together with the Privacy Policy, Refund & Cancellation Policy, and Cookie Policy, constitute the entire agreement between you and SmartCog with respect to the subject matter hereof.
Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver. No failure or delay by SmartCog in exercising any right under these Terms shall constitute a waiver of that right.
Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. SmartCog may assign its rights and obligations under these Terms without restriction.
Force Majeure. SmartCog shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, government action, internet outages, or third-party service failures.
18. Contact Us
For questions about these Terms, please contact us:
Legal inquiries: legal@smartcogai.com Billing inquiries: billing@smartcogai.com Technical support: support@smartcogai.com Abuse reports: abuse@smartcogai.com
Tetiana Ushakova, Individual Entrepreneur (ФОП Ушакова Тетяна) EDRPOU: 1909704087 Office 26, 59 Antonovycha Street, Kyiv, 03150, Ukraine