Terms of Services

Last Updated January 30th 2018

Last Updated January 30th 2018

Smooch Technologies Inc. (“Smooch”, “we”, “us”, or “our”) provides a Software as a Service (SaaS) based “Conversation Cloud” that allows our customers to store, manipulate, analyze and transfer messages between their business systems and their customers on a variety of Smooch-provided and third party messaging channels (the “Service”).

A “Customer” is an entity with whom Smooch has an agreement to provide the Service. This Smooch Terms of Service (the “Agreement”) is an agreement between the Customer and Smooch, together the “Parties” and each, a “Party", and is entered the date the Customer signs up for a Smooch account through the Smooch website (the “Effective Date”).

If you register for a Smooch account, you acknowledge your understanding of these terms and enter the Agreement on behalf of Customer. You furthermore acknowledge that Customer is not domiciled in the province of Quebec. Please make sure you have the necessary authority to enter into the Agreement on behalf of Customer before proceeding.

BY USING ANY ELEMENT OF THE SMOOCH SOLUTION (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 16(j). IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE SMOOCH SOLUTION, INCLUDING USE OF ANY PART THEREOF. CUSTOMER REPRESENTS AND WARRANTS TO SMOOCH THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF CUSTOMER IS USING THE SMOOCH SOLUTION ON BEHALF OF ANOTHER PERSON, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO SMOOCH THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.