Terms of Service

01 Agreement to Terms

By downloading, installing, or using SmartOnCall ("the App", "the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use SmartOnCall.

These Terms constitute a legally binding agreement between you ("User", "you") and SmartOnCall ("we", "our", "us").

We may update these Terms from time to time. If we make material changes, we will notify you through the App or via email. Continued use of SmartOnCall after changes constitutes acceptance of the updated Terms.

02 Description of Service

SmartOnCall is a desktop application for Windows that provides real-time AI-powered transcription and answers during live audio calls. The App captures system audio and microphone input on your device, transcribes speech using third-party speech-to-text services, and generates AI-powered answers using third-party large language model services.

03 Eligibility

You must be at least 16 years of age to use SmartOnCall. By using the App, you represent and warrant that you meet this age requirement.

You must have a valid Microsoft account to sign in and use SmartOnCall.

04 Account Registration and Security

To use SmartOnCall, you must sign in using Microsoft authentication. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately at support@smartoncall.com if you become aware of any unauthorised use of your account.

05 Credit System and Payments

SmartOnCall operates on a pay-per-use credit system. Minutes are deducted only when the App is actively listening and processing audio during a call session.

5.1 Free Credits

New users receive 60 minutes of free usage upon first download and registration. Free credits are provided at our discretion and may be modified or discontinued at any time.

5.2 Purchased Credits

Credits can be purchased through the payment methods made available within the App or on our website. All prices are displayed in US Dollars (USD) at the time of purchase.

Purchased minutes do not expire.

5.3 Refunds

Due to the nature of digital services with immediate delivery, refunds are generally not available once credits have been used. If you experience a technical issue that results in incorrect credit deduction, please contact us at support@smartoncall.com and we will investigate and, where appropriate, restore credits.

5.4 Billing Accuracy

Session duration is tracked using a heartbeat-based system that records active usage time. Credits are deducted based on the active listening duration of each session, excluding paused periods.

06 Acceptable Use

You agree to use SmartOnCall only for lawful purposes and in compliance with all applicable laws and regulations. You agree NOT to:

• Use SmartOnCall to record, transcribe, or monitor conversations without the knowledge or consent of all participants, where required by applicable law. You are solely responsible for ensuring compliance with all applicable recording consent laws in your jurisdiction.
• Use the App to facilitate any illegal activity, including but not limited to fraud, impersonation, or harassment.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App.
• Circumvent, disable, or interfere with any security or access control features of the App.
• Use the App in a manner that could damage, disable, overburden, or impair our servers or backend infrastructure.
• Redistribute, resell, sublicense, or commercially exploit the App or any part of the Service without our prior written consent.
• Share your account credentials with others or allow multiple users to access the Service through a single account.
• Upload malicious files, viruses, or harmful content through the document upload feature.

We reserve the right to suspend or terminate your account if we reasonably believe you are violating these Terms.

07 Intellectual Property

SmartOnCall, including its design, code, features, branding, and all associated materials, is owned by SmartOnCall and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the App.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the App for personal and professional purposes in accordance with these Terms.

08 Your Content and Data

8.1 Uploaded Documents

You may upload documents (such as resumes, sales scripts, or technical documents) to provide context for AI-generated answers. These files are cached locally on your device and sent directly to our AI service provider (Google Gemini) for processing. They are automatically deleted from your device when you leave the call preparation screen. We do not store your uploaded files on our servers.

8.2 Audio and Transcripts

Audio captured from your microphone and system audio is streamed directly from your device to our speech-to-text provider (Deepgram). Transcription text is processed locally and sent directly to our AI provider. SmartOnCall servers never receive, store, or have access to your audio or transcription content.

8.3 Ownership

You retain all rights to the content you upload and the conversations you have. We claim no ownership over your documents, audio, transcripts, or any content generated during your use of the App.

For full details on how we handle your data, please see our Privacy Policy.

09 Third-Party Services

SmartOnCall relies on the following third-party services to function:

• Deepgram: For real-time speech-to-text transcription. Subject to Deepgram's terms of service and privacy policy.
• Google Gemini: For AI-powered question detection, answer generation, and explanations. Subject to Google's terms of service and privacy policy.
• Microsoft Entra ID: For user authentication. Subject to Microsoft's terms of service and privacy policy.

We are not responsible for the availability, performance, or policies of these third-party services. Changes to their terms, pricing, or availability may affect SmartOnCall's functionality.

10 Disclaimers

10.1 AI-Generated Content

SmartOnCall uses artificial intelligence to generate answers and explanations. AI-generated content may be inaccurate, incomplete, or inappropriate. You should not rely solely on AI-generated answers for critical decisions. SmartOnCall does not guarantee the accuracy, completeness, or suitability of any AI-generated content.

10.2 No Professional Advice

SmartOnCall does not provide legal, financial, medical, or any other form of professional advice. AI-generated answers are for informational and productivity purposes only.

10.3 Recording Laws

10.4 Service Availability

SmartOnCall is provided "as is" and "as available". We do not guarantee uninterrupted, error-free, or secure operation of the App. We may perform maintenance, updates, or modifications that temporarily affect availability.

11 Limitation of Liability

To the maximum extent permitted by applicable law, SmartOnCall and its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising from:

• Your use of or inability to use the App.
• Any AI-generated content provided through the App.
• Unauthorised access to or alteration of your data.
• Any third-party service interruption or failure.
• Any action taken based on AI-generated answers.

Our total aggregate liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you have paid to SmartOnCall in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

12 Indemnification

You agree to indemnify, defend, and hold harmless SmartOnCall and its owners, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the App.
• Your violation of these Terms.
• Your violation of any applicable law, including recording consent laws.
• Any content you upload to the App.

13 Termination

13.1 By You

You may stop using SmartOnCall at any time by uninstalling the App. To delete your account and associated data, contact us at support@smartoncall.com.

13.2 By Us

We may suspend or terminate your access to SmartOnCall at any time, with or without notice, if we reasonably believe you have violated these Terms. In the event of termination for cause, unused purchased credits may be forfeited.

13.3 Effect of Termination

Upon termination, your licence to use the App is revoked. Sections that by their nature should survive termination will survive, including Intellectual Property, Disclaimers, Limitation of Liability, and Indemnification.

14 Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Any disputes arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If a resolution cannot be reached within 30 days, either party may pursue resolution through the courts of England and Wales, which shall have exclusive jurisdiction.

15 General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmartOnCall regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16 Contact Us

If you have any questions about these Terms, please contact us: