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SmartBot Terms of Service

Updated Feb 07, 2025

1. Introduction

Welcome to SmartBot Automation ("SmartBot," "We," "Us," "Our"). These Terms of Service ("Terms") govern your access to and use of our website https://smartbot.ph (the "Website"), the SmartBot platform, and all related services provided by VIP-PRO Dropshipping and Computer Software Trading ("VIP Trading"), a legally registered business in the Philippines under DTI Reg. No. 2371412.

By signing up, accessing, or using SmartBot, you ("User," "Customer," "You," "Your") agree to comply with these Terms. If you do not agree to these Terms, do not use our services.

These Terms include:

  • Service Scope & User Obligations

  • Subscription, Billing, and Payment Terms

  • Refund & Cancellation Policies

  • Intellectual Property & Data Use

  • Legal Disclaimers & Limitations

    • 1.1 Definitions

    Account

    “Account” shall mean an account with SmartBot to use the Services

    Applicable Law

    “Applicable Law” shall mean the laws to which SmartBot is subject, particularly the Laws of The philippines (“Filipino Law”), where SmartBot is incorporated and the Regulation Philippine Data Pricacy act of 2012, and any other laws as may be applicable from time to time

    Confidential Information

    “Confidential Information” shall mean all information provided by You or Us (the “Disclosing Party”), to the other party (the “Receiving Party”), whether orally or in writing, which information is designated as being confidential. Provided that for all intents and purposes, Confidential Information shall not be construed to include any information that is (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party’s prior written approval

    Data

    “Data” shall mean content, data, information, Know-How and Confidential Information relating to Your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning Your, or any of Your parent company’s or subsidiaries” business, systems, processes, software and services, as the case may be

    Intellectual Property Rights

    “Intellectual Property Rights” shall mean the copyright, including the moral and related rights, rights to use, musical works, literary works, designs, databases or any other copyright protected works, trade names, protected business identifiers, patents, utility models and trademarks, and all other industrial and intellectual property rights, in each case whether registered or unregistered, which currently subsist, or will subsist, now or in the future, in any part of the world.

    Know-How

    “Know-How” shall mean unpatented information, knowledge, experience, formula, research, processes, studies, reports, data and designs developed by and/or in Your possession

    Personal Data

    “Personal Data” shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person

    Services

    “Service/s” shall mean the software as a service (SaaS) offered by SmartBot and having a variety of resources including but not limited to Chatbot Building Features, Chatbot Capture Features, Chatbot Engagement Features and Chatbot Management Features and other functionalities as developed and introduced by SmartBot from time to time and as further described on the Site.

    Site/s

    “Site/s” shall mean the website SmartBot.ph (and VIP-ProTrading.com), in addition to any sub-pages that are integrated within this website.

    Subscription Plan

    “Subscription Plan” shall mean one of the different subscription packages through which You can use the Services as further described on our pages

    Subscription Term

    “Subscription Term” shall mean the period of time for which subscription to the Services shall be made available by SmartBot to You, subject to Your adherence to the obligations undertaken by virtue of this Agreement

    Trial Period

    “Trial Period” shall mean free access provided to You by SmartBot for a limited and established period of time, to part the Services, which shall be granted at the sole discretion of SmartBot , which access may be revoked by SmartBot at any time without the need of any prior notice

    You” / “Your

    “You” / “Your” shall mean a person, whether natural or legal, acting in the course of a trade or business, and who agrees to be bound by the terms contained in this Agreement.

    2. Service Overview

    SmartBot is an AI-powered Messenger marketing and website chatbot automation tool that helps businesses engage with prospects, automate lead generation, and improve conversions.

    💡 SmartBot has two main service variations:

    A. SmartBot Base Subscription (₱549/month)

  • Messenger & Instagram chatbot automation. 

  • AI Integration for AI-powered customer interactions. 

  • Lead generation & auto-replies. 

    • B. SmartBot Response Framework & Website AI Assistant (₱2,499 Setup + ₱249/month for API Tokens)

  • Custom-built AI chatbot for websites & social media.

  • Private-hosted response framework for professional AI-driven sales interactions.

  • No access to the AI Response Framework source code (strictly protected; see Section 7).

    • 📢 Important Notice:

  • Third-party tools (e.g., OpenAI, Facebook, Stripe, Paypal, or Xendit) have their own terms, which you must comply with.

  • The OpenAI API Key is NOT included in the base subscription and must be purchased separately from Open AI.

    • 3. Service Inclusions:

    • 1. SmartBot Base Plan (₱549/month) – Messenger & Instagram chatbot automation (subscription required).

    • 2. First Upsell (₱1,499 One-Time Payment) – Done-for-you Facebook & Instagram chatbot setup with limited revisions.

    • 3. Second Upsell (₱2,499 Setup + ₱249/month for OpenAI API Tokens) – Custom Built Data Trained AI-powered Messenger and Instagram Response Framework with Free website assistant from private-hosted response framework.

    • 4. Bonus Tools – Free AI-powered tools (e.g., CRM, Doodle Maker, AI Video Builder) provided as long as the subscription is active.

    💡 Important: SmartBot is not a standalone AI chatbot provider. If you integrate OpenAI API, the cost of API usage is separate from SmartBot's subscription fees and billed independently by OpenAI.

    4. Subscription, Billing & Payments

    4.1. Payment Methods

    SmartBot uses Groovesell Checkout via Stripe, Paypal, or Xendit as its secure payment gateway, supporting:

  • Credit Cards

  • Debit Cards

  • E-Wallets (GCash, Maya)

    • 4.2. Payment Flow & Account Activation
    Once you complete checkout, your billing starts immediately. You will receive a confirmation email with:

  • Login credentials (Username: Your email / Default Password: "smarter_" + First Name)

  • Official receipt from SmartBot Automation (VIP Trading)

    • Your SmartBot account is activated instantly upon successful payment if within working hours from 8 am - 10 pm daily.

    SmartBot operates on a monthly recurring billing cycle for base subscriptions. Additional services (upsells) may be billed one-time or separately on a recurring basis, depending on the service.

    When you subscribe:

  • Your billing cycle starts immediately after checkout.

  • Payments are automatically charged monthly to your chosen payment method.

  • If a payment fails, we will attempt to charge it again within a grace period before account suspension.

    • 💡 Important: If you purchase any one-time or upsell services, you agree that these services are non-refundable once delivered (see Section 5 for refund policy).

    5. Refund & Cancellation Policy

    We aim to provide full transparency and fairness regarding refunds and cancellations. By purchasing any SmartBot service, you agree to this Refund & Cancellation Policy.

    5.1. 30-Day Money-Back Guarantee (Base Subscription Only)

  • If you are unsatisfied with SmartBot’s ₱549/month subscription, you may request a full refund within 30 days of purchase.

  • Refund requests must be sent to [email protected], and we will process the refund within 15 minutes via bank transfer or e-wallet (GCash, Maya).

  • Once refunded, your SmartBot account will be immediately deactivated, and you will be blocked from repurchasing using the same payment method.

    • 🔴 Strict No-Refund Rule After 30 Days

  • If you request a refund after 30 days, your payment is non-refundable but you may cancel your subscription (see 5.2).

  • If you repurchase SmartBot after receiving a refund, you are no longer eligible for future refunds.

  • If you attempt to use another card or account but reconnect the same business page to SmartBot, You forfeit any right to future refunds.

    • 5.2. Cancellation Policy (Applies to All Plans & Services)

  • You may cancel your subscription at any time before your next billing cycle.

  • Cancellation stops future payments but does not entitle you to a refund for past charges

    • How to Cancel:

  • Log in to your SmartBot billing portal via https://billing.groovesell.com/ and Enter your email associated with your SmartBot Account"

  • Contact [email protected] if you need further assistance or Request refund if you qualify.

  • Your account will remain active until the end of your current billing cycle.

    • 🔴 Strict No-Refund Policy for One-Time Purchases & Upsells

  • Done-for-You Chatbot Setup (₱1,499 One-Time Payment) → Non-refundable.

  • AI Response Framework Setup (₱2,499 Setup + ₱249/month API Tokens) → Non-refundable.

  • You may cancel the monthly API Token fee anytime, and it will be automatically revoked from the backend, but previous payments will not be refunded as they were consumed already.

    • 6. AI Response Framework Source Code Protection

    6.1. Strict Protection of SmartBot’s AI Response Framework
    🚨 SmartBot’s AI Response Framework is a highly protected system and its source code cannot be shared, modified, or accessed by users. 🚨
    Why is the AI Response Framework protected?

  • It is a custom-built, proprietary AI engine designed to enhance SmartBot’s conversational intelligence.

  • The entire response structure is privately hosted to prevent unauthorized access, duplication, or modification.

  • Users receive access to AI-powered responses but NOT to the framework’s internal logic or code.

    • 📌 What Users Receive Instead:

  • A custom-trained AI chatbot for Messenger, Instagram, or website integration.

  • A unique API key for activating AI responses.

  • A securely hosted AI module that ensures SmartBot maintains a high-quality, sales-driven conversation model.

    • 🔴 Users Are Strictly Prohibited From:

  • Requesting access to SmartBot’s AI framework source code.

  • Attempting to reverse-engineer, copy, or redistribute SmartBot’s AI architecture

  • Claiming ownership or modification rights over SmartBot’s proprietary AI models

    • 7. Data Privacy & User Rights

    7.1. Compliance with the Philippine Data Privacy Act (PDPA)
    SmartBot Automation is committed to protecting user data in compliance with the Data Privacy Act of 2012 (Republic Act No. 10173) of the Philippines. By using SmartBot, you agree that your personal data may be collected, processed, and stored in accordance with this Privacy Policy.

  • We DO NOT sell, rent, or trade personal data.

  • We ONLY collect and process data necessary to provide SmartBot’s services.

  • We implement industry-standard security measures to protect customer data.

    • 7.2. What Data We Collect
    We collect the following data when you subscribe, use SmartBot, or contact us for support:
    Personal Information (Required for Account Creation & Billing)

  • Full Name

  • Email Address

  • Contact Number

  • Billing Address (if required for invoicing)

  • Payment Information (processed securely via Groovesell Checkout, NOT stored by SmartBot)

    • User Activity & System Data (For Service Functionality)

  • Business Page Integration Details (e.g., Facebook & Instagram pages linked to SmartBot)

  • Chatbot Interaction Logs (messages sent via SmartBot)

  • Usage Data (feature usage, system performance logs)

  • IP Address & Device Information (to prevent fraud and unauthorized access)

    • 7.3. How We Use Your Data
    We process user data strictly for the following purposes:

  • To provide SmartBot services (chatbot automation, lead generation, AI-powered conversations).

  • To personalize your experience and optimize chatbot responses.

  • To prevent fraud & unauthorized access to SmartBot accounts.

  • To process payments & manage subscriptions (handled by Xendit, we do not store card details).

  • To send system notifications & updates (you can opt out anytime).

    • Third-Party Services We Use:

  • Stripe, Paypal, or Xendit (Payment Processing)

  • Meta (Facebook & Instagram API) (for chatbot integrations)

  • OpenAI API (only if you subscribe to the Custom Built AI Response Framework)

    • 💡 We do NOT access or process your Facebook/Instagram messages outside of what is necessary for SmartBot to function.
    7.4. Your Data Protection Rights
    As a SmartBot user, you have the following rights under the Philippine Data Privacy Act:

  • Right to Access: You may request a copy of the personal data we store about you.

  • Right to Rectification: You may request corrections to inaccurate or incomplete data.

  • Right to Erasure (Right to be Forgotten): You may request deletion of your personal data, provided it does not conflict with legal compliance obligations.

  • Right to Data Portability: You may request an export of your personal data.

  • Right to Restrict Processing: You may request that we limit the way we use your data.

  • Right to Object: You may opt out of receiving marketing emails.

    • 💡 How to Exercise These Rights: Email [email protected] with your request. Processing may take up to 7 business days.

    8. Data Processing Agreement (DPA)

    This Data Processing Agreement (DPA) governs how SmartBot Automation (the "Processor") processes data on behalf of its users (the "Controller") under the Philippine Data Privacy Act (PDPA).
    8.1. Definitions

  • "Personal Data" – Any information that can identify an individual (e.g., name, email, phone number).

  • "Processing" – Any action performed on data (e.g., collecting, storing, using, deleting).

  • "Controller" – The SmartBot user who collects data from their chatbot subscribers

  • "Processor" – SmartBot, which processes data on behalf of the user.

    • 8.2. Roles & Responsibilities
    8.2.1. Responsibilities of the User (Controller)
    As a SmartBot user, you are the data controller of your chatbot subscribers' data. You are responsible for:

  • Ensuring you have legal consent to collect and process customer data.

  • Complying with applicable privacy laws when using SmartBot.

  • Handling data deletion requests from your subscribers.

    • 8.2.2. Responsibilities of SmartBot (Processor)
    As the data processor, SmartBot agrees to:

  • Process data only under the user’s instructions.

  •  Implement technical and organizational measures to protect personal data.

  •  Notify users of any data breaches within 72 hours.

  • Delete user data upon account termination, except when legally required to retain records.

    • 💡 SmartBot does NOT use chatbot subscriber data for any purpose other than enabling the service.
    8.3. Security Measures
    SmartBot implements the following data security measures:

  • End-to-End Encryption – All chatbot interactions are encrypted.

  • Role-Based Access Controls – Only authorized staff can access sensitive data.

  •  Regular Security Audits – Routine checks for vulnerabilities.

  • Data Minimization – We only store essential data to operate the service.

    • 💡 We never sell user data to third parties.
    8.4. Data Retention & Deletion

  • User data is retained only as long as necessary to provide SmartBot services.

  • If you cancel your account, all personal data will be deleted within 30 days (except for legally required records).

  • You may request immediate deletion by contacting [email protected].

    • 8.5. Compliance with Third-Party Policies (Meta, OpenAI, Xendit, Groovesell and Stripe)
    By using SmartBot, you acknowledge that:

  • SmartBot integrates with Meta (Facebook & Instagram), and you must comply with their API policies.

  •  If you subscribe to the AI Response Framework, you must comply with OpenAI API usage policies.

  • Payments are processed via Groovesell thru Xendit, Paypal or Stripe, which has its own data security & compliance measures.

    • 🔴 Misuse of these services (e.g., spam, unauthorized data collection) may result in account suspension.

    9. Limitation of Warranties and Disclaimer

    SmartBot is Provided "As Is"
    SmartBot is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.

  • ❌ We DO NOT guarantee that SmartBot will be 100% bug-free or uninterrupted.

  • ❌ We DO NOT guarantee specific results, revenue, or success rates for businesses using SmartBot.

  • ❌ We DO NOT take responsibility for third-party API failures (e.g., Facebook API issues, OpenAI downtimes, Groovesell processing delays).

    • ✔ We DO commit to providing regular updates, security patches, and customer support to maintain optimal performance.

    10. Limitation of Liability

    📢 To the fullest extent permitted by law, SmartBot Automation (VIP Trading) is NOT liable for:

  • Direct or indirect damages from using or inability to use SmartBot.

  • Loss of business, revenue, or reputation due to chatbot errors or system downtime.

  • Unauthorized access or hacking of a user's SmartBot account (unless proven to be due to SmartBot’s negligence).

  • Issues caused by third-party integrations (Meta, OpenAI, Xendit, CRM platforms).

    • 🔴 Total liability for any claim is LIMITED to the amount you paid in the last 3 months of your subscription.

    11. Governing Law & Dispute Resolution

  • These Terms of Service shall be governed by and interpreted in accordance with the laws of the Philippines.

  • In case of disputes, both parties agree to attempt resolution through negotiation first.

  • If a resolution is not reached, disputes shall be settled through arbitration in the Philippines before pursuing legal action.

    • 14. Changes to Terms of Service

  • SmartBot reserves the right to update these Terms at any time.

  • Users will receive email notifications before significant changes take effect.

  • Continued use of SmartBot after updates means you accept the revised terms

    • 📢 Violations of this policy will result in immediate account termination and legal action.

    YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.

    Further Information

    If you have any questions about our Privacy Policy or our privacy practices, please Contact Us at [email protected], or send mail to;

    Contact Information

    Attention: SmartBot Automation

    VIP-PRO Dropshipping and Computer Software Trading

    Bulacan, Philippines

    [email protected]

    © 2025 Smartbot Automation. All Rights Reserved.

    Terms of Service
    Privacy Policy

    Sub-brand By Vip-Pro Dropshipping and Computer Software Trading

    6 B9 L53 Sipag St Pagsinag Place Catmon Sta Maria Bulacan
    [email protected]