Website Terms of Use

1. Please read these terms carefully

These Website Terms of Use explain the rules for using our website at www.maxsmartdigital.com and any pages, resources, forms, downloads, blog content, demonstrations or free tools made available through it (our site).

By using our site, you confirm that you accept these terms and agree to comply with them. If you do not agree to these terms, you should not use our site.

These terms apply to general website use only. Max Smart Digital Ltd offers a range of products and services, including OttBot and other AI and automation tools, which may be used independently of each other or together as part of a connected workflow. Separate terms apply to each paid product, subscription, software licence, consultancy, audit, training, trial, event or other service. Where a product or service is used alongside another, the terms for each will apply independently unless a single written agreement expressly covers the combination.

If there is a conflict between these Website Terms of Use and a separate written agreement or product terms, the separate agreement or product terms will apply to that product or service.

2. About us

This site is operated by Max Smart Digital Ltd (we, us or our). We are a private limited company registered in England and Wales under company number 13244342.

Our registered office is: Brewhouse, Pilgrims Way, Boughton Aluph, Ashford, Kent, United Kingdom, TN25 4EX.

Our main contact email address is contactus@maxsmartdigital.com. Product or customer support queries should also be directed to contactus@maxsmartdigital.com unless a different Max Smart Digital email address is provided to you for a specific product or service.

3. Other terms that may apply

These Website Terms of Use should be read together with any other policies or terms shown on our site, including:

• our Privacy Policy, which is published as a separate page on our website and explains how we collect, use, store and protect your personal data;
• our Cookie Policy, which explains how cookies and similar technologies are used on our site;
• any product, subscription, trial, service, event, consultancy or training terms that apply to a product or service you buy, access or register for; and
• any acceptable use, security, AI, community, upload or content rules shown to you during a product or service journey.

Where you use two or more of our products together, for example, connecting an OttBot workflow with another Max Smart Digital tool, the terms for each product apply independently to that product. If a single written agreement has been agreed with you or your organisation that expressly covers the combination, that agreement will govern.

4. Changes to these terms and our site

We may update these terms from time to time. The latest version will always be published on our site, and the date at the top of this page will be updated to reflect when changes were made.

We may update, remove, suspend or change any part of our site at any time without notice. We try to keep information accurate and up to date, but we do not guarantee that our site or its content will always be available, uninterrupted, secure, error-free or fully current.

5. Accessing and using our site

Access to our site is provided on a temporary basis. You are responsible for making all arrangements necessary to access our site, and for ensuring that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

You must not use our site in a way that is unlawful, harmful, fraudulent, misleading, abusive, discriminatory, threatening, defamatory, obscene, infringing, invasive of privacy, damaging to our systems, or inconsistent with these terms.

You must not misuse any form, chatbot, upload area, comment area, trial feature, booking tool, payment page or interactive function on our site.

6. Accounts, logins and security details

If you are given or create a user identification code, password or other security information to access any part of our site or a connected product, you must keep it confidential and must not share it with anyone else.

We may disable any user identification code, password, account or access right if, in our reasonable opinion, you have failed to comply with these terms, a product agreement, applicable law or any security requirement.

You should tell us promptly at contactus@maxsmartdigital.com if you believe your account, password, login details or access credentials have been compromised.

7. Acceptable use standards

The following standards apply whenever you use our site, upload content, submit a form, interact with an AI tool, use a chatbot, communicate with us, or use any interactive feature on our site.

You must not:

• break any applicable law or regulation;
• upload, send or submit content that is illegal, harmful, threatening, abusive, hateful, discriminatory, sexually explicit, exploitative, misleading, defamatory or otherwise objectionable;
• infringe anyone else’s intellectual property, confidentiality, privacy, data protection or other rights;
• pretend to be someone else or misrepresent your connection with any person or organisation;
• upload malware, malicious code, corrupted files, spam, phishing content or anything designed to interrupt, damage or limit the operation of our site or systems;
• attempt to gain unauthorised access to our site, servers, databases, connected systems, user accounts or third-party services;
• probe, scan, test or bypass our security controls except where we have given clear written permission to do so;
• use our site to develop, train, benchmark or improve a competing service without our prior written permission;
• scrape, harvest, copy, index, crawl, mine, extract or reuse our site content at scale, including for training or improving artificial intelligence models, search tools, datasets or automated systems, unless we have expressly permitted this in writing; or
• use bots, scripts, automated tools, bulk requests or other methods that place an unreasonable load on our site or interfere with normal use.

We may remove content, restrict access, suspend accounts, block activity or report unlawful activity where we reasonably believe these standards have been breached.

8. AI tools, automation features and generated content

Our site may include or describe artificial intelligence tools, automation features, chatbots, demos, videos, examples, AI-generated content, product outputs or information about our products, including OttBot and other Max Smart Digital AI and automation services. Those products may be used independently or together as part of a connected workflow.

AI-generated content can be incomplete, inaccurate, outdated, biased or unsuitable for your circumstances. Any AI-generated content, demonstration, suggestion, transcript, summary, workflow, response, example or output made available through our site is provided for general information only and must be reviewed and verified by you before use or reliance.

You remain responsible for how you use any AI output, automation recommendation, workflow, template, generated text, image, video, analysis or other content produced by or through our site or products, unless a separate written agreement says otherwise.

You must not submit information to any AI tool, chatbot, form, demo or upload area on our site unless you have the right to do so. In particular:

• you must not submit highly sensitive personal data, special category data, payment card details, passwords, access credentials or information about children unless the relevant product or service expressly permits it and appropriate safeguards are in place; and
• you must not submit confidential third-party information, regulated data or client secrets without first confirming that the relevant product terms allow this.

Where a paid product or service includes separate AI, data, security, privacy, upload, retention or processing terms, those separate terms will apply to that product or service. Where products are used together, each product’s separate terms apply to the data processed through that product.

9. Intellectual property rights

We are the owner or licensee of all intellectual property rights in our site and in the material published on it. This includes text, designs, graphics, images, videos, logos, product names, software, user interface elements, layouts, downloads, templates and other content. Those works are protected by copyright, trade mark and other intellectual property laws.

All rights are reserved. Nothing in these terms transfers ownership of our intellectual property to you.

You may print or download extracts from our site for your own internal business or personal reference, provided you do not modify the content and provided our status, and that of any identified contributors, as the authors of that content is always acknowledged.

You must not reproduce, copy, adapt, distribute, sell, licence, commercially exploit, frame, mirror, republish or use any substantial part of our site or its content without our prior written permission, except as permitted by law or these terms.

You must not remove, obscure or alter any copyright, trade mark or proprietary notices from material taken from our site.

10. User content and uploads

If you upload, submit, post, send or provide any content, file, video, image, document, prompt, instruction, message, comment, feedback or other material through our site (user content), you confirm that you have all necessary rights, permissions and authority to do so.

You retain ownership of your user content. However, by submitting user content you give us a non-exclusive, royalty-free licence to host, store, copy, process, display, transmit and use that content as necessary to operate our site, respond to you, provide the relevant feature or service, maintain security, comply with law, enforce these terms and protect our rights or the rights of others.

We will not use your user content to train AI models without your separate consent, unless the relevant product terms expressly permit this and you have agreed to those terms.

Unless a separate agreement says otherwise, material submitted through general website forms, contact forms, comments, chat widgets, demo tools or feedback routes should not be treated as confidential. Do not send us confidential or sensitive information through our site unless we have asked for it through an appropriate secure channel.

We may remove, moderate, block or refuse user content if we reasonably believe it breaches these terms, infringes third-party rights, creates risk, is unlawful, or may expose us or others to liability.

If a third party claims that your user content infringes their rights, breaches confidentiality, violates privacy or causes harm, we may disclose your identity or relevant information where required by law, a regulator or court order, or where reasonably necessary to investigate or defend a claim.

11. Information on our site

Content on our site is provided for general information only. It is not intended to amount to legal, financial, tax, medical, technical, cybersecurity, HR, regulatory, professional or other specialist advice on which you should rely.

You should obtain appropriate professional or specialist advice before taking, or refraining from taking, any action based on content from our site.

We make reasonable efforts to keep the information on our site accurate and current, but we make no guarantee that content is complete, error-free or suitable for your intended purpose.

12. Products, pricing, subscriptions and consumer information

Our site may describe or link to paid products, subscriptions, trials, digital services, consultancy, audits, training, events or other services offered by Max Smart Digital Ltd. Our products are designed to work independently of each other and can also be connected together as part of a broader workflow. The specific terms, pricing, cancellation rights and support arrangements for each product are set out in the relevant product terms and order journey for that product.

Where we sell to consumers online, we will provide clear pre-contract information including our business identity, total price, any mandatory charges, main product features, contract length, cancellation rights, refund information and how to contact us.

Where a product is sold as a subscription or trial, the relevant order journey or product terms will explain renewal, cancellation and any reminder process. You should read those terms before placing an order.

We do not hide mandatory charges or use fake reviews. If you believe any pricing, product description, review, testimonial, subscription or checkout information on our site is unclear, inaccurate or misleading, please contact us at contactus@maxsmartdigital.com.

13. Privacy, cookies and data protection

We process personal data in accordance with our Privacy Policy, which is published as a separate page on our website. We encourage you to read it.

Our use of cookies and similar technologies is explained in our Cookie Policy. Where required, we will ask for your consent before placing non-essential cookies on your device. You can manage your cookie preferences through the controls made available on our site.

If you have a data protection concern or complaint about how we handle your personal data, please contact us at contactus@maxsmartdigital.com with the subject line “Data protection complaint”. We will acknowledge your complaint within 30 days of receipt and will take appropriate steps to investigate and respond without undue delay. You can also find the form at the bottom of the Privacy Policy.

You may also have the right to complain to the Information Commissioner’s Office. Details are available at www.ico.org.uk.

14. Complaints about our site or services

If you have a complaint about our website, any content on it, or our general service standards (other than data protection, which is covered in section 13), please contact us at contactus@maxsmartdigital.com with a brief description of your concern.

We aim to acknowledge general complaints within 5 business days and to provide a substantive response within 20 business days. Where a matter is complex or requires further investigation, we will keep you updated on progress.

Complaints about specific products or services should be directed to the support or contact route provided in the relevant product terms or customer communication.

15. Third-party links, tools and integrations

Our site may contain links to third-party websites, platforms, tools, payment providers, booking systems, analytics services, social media platforms, CRM systems, AI providers or other services. These links and integrations are provided for convenience or functionality only.

We do not control third-party websites or services and are not responsible for their content, availability, security, privacy practices, terms, performance, accuracy or any loss caused by your use of them.

You should review the terms and privacy notices of any third-party service before using it.

16. Linking to our site

You may link to our home page or any publicly available page on our site, provided you do so in a way that is fair and legal, does not damage our reputation or take unfair advantage of it, and does not suggest any association, approval or endorsement where none exists.

You must not frame our site on another website or use links in a misleading, deceptive or unlawful way.

We may withdraw linking permission at any time. If you wish to make any use of our content beyond linking to it, please contact contactus@maxsmartdigital.com.

17. Viruses, hacking and security

We do not guarantee that our site will be secure or free from bugs, viruses or harmful material. You are responsible for configuring your own technology and systems to access our site safely and should use appropriate virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, spyware, ransomware, malicious code or other harmful material.

You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any connected server, computer, database, account, system or service. You must not attack our site via a denial-of-service attack, distributed denial-of-service attack or similar method.

We may report suspected unlawful activity to relevant law enforcement authorities and cooperate with those authorities by disclosing your identity or other relevant information where lawful and appropriate.

18. Accessibility

We want our site to be accessible and usable by as many people as possible. We may update the design, content and structure of our site over time to improve accessibility, readability and user experience.

If you experience difficulty accessing any part of our site, or if you need information in an alternative format, please contact us at contactus@maxsmartdigital.com and we will consider your request.

19. Our responsibility to you

Nothing in these terms excludes or limits our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, and any other liability that cannot be excluded or limited under applicable law.

If you are a business user

We exclude all implied conditions, warranties, representations and other terms that may fully apply to our site or its content permitted by law. We will not be liable to you for any loss of profit, loss of sales or revenue, loss of business, business interruption, loss of anticipated savings, loss of goodwill, loss of data, loss caused by viruses, loss caused by third-party services, or any indirect or consequential loss, however caused, arising from or connected with your use of our site.

If you are a consumer

These terms do not affect your statutory rights. We are responsible for losses you suffer that are a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for losses that are not foreseeable, or for business losses where you use our site for commercial or business purposes.

Our site is provided on an “as is” and “as available” basis. We do not guarantee that our site, its content, any AI output, any demonstration, or any third-party link or integration will meet your requirements or be error-free, uninterrupted or suitable for your intended purpose.

20. Breach of these terms

If we reasonably believe that you have breached these terms, we may take any action we consider appropriate. This includes restricting or blocking access to our site, removing content, suspending an account, contacting you directly, notifying your organisation, reporting activity to relevant authorities, or taking legal action.

You agree to reimburse us for any reasonable losses, costs, claims, damages or expenses we suffer as a result of your breach of these terms, your unlawful use of our site, or your infringement of another person’s rights through your use of our site.

21. Governing law and jurisdiction

These terms, their subject matter and their formation are governed by the law of England and Wales.

If you are a business user, the courts of England and Wales will have exclusive jurisdiction over any dispute or claim arising out of or in connection with these terms or your use of our site.

If you are a consumer, you may bring proceedings in the courts of England and Wales. If you live in Scotland or Northern Ireland, you may also bring proceedings in the courts of the country where you live.

22. Contact us

If you have any questions about these Website Terms of Use, please contact us at contactus@maxsmartdigital.com.

For product support, please use contactus@maxsmartdigital.com unless a different Max Smart Digital email address is provided to you in the relevant product, service or customer communication.

For data protection complaints, please email contactus@maxsmartdigital.com and include “Data protection complaint” in the subject line.

For general complaints about our site or services, please email contactus@maxsmartdigital.com and include “Website complaint” in the subject line.