Terms of Service — BeaSmart AI Booking

These Terms of Service ("Terms") constitute a legally binding agreement between you and Stevan Nesovic PR Maistery ("BeaSmart", "we", "us", or "our"), governing your access to and use of the BeaSmart platform (the "Service"), including the website at beasmart.io, web application, iOS application, Android application, and all related services.

PLEASE READ THESE TERMS CAREFULLY. By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1. Definitions

• "Service" means the BeaSmart platform, including all websites, web applications, mobile applications (iOS and Android), APIs, AI Agent technology, and all related services provided by BeaSmart.
• "User" (or "you") means any beauty professional, business owner, or authorized representative who creates an account and uses the Service.
• "End Client" means any individual who communicates with the AI Agent through Instagram Direct Messages to inquire about or book services with a User.
• "AI Agent" means the automated artificial intelligence system that communicates with End Clients on behalf of Users through Instagram Direct Messages, acting as a Brand Ambassador for the User's business.
• "Account" means the registered user account created to access and use the Service.
• "Content" means all information, data, text, messages, images, and other materials uploaded to, generated by, or transmitted through the Service.
• "Subscription" means the paid access plan selected by the User for use of the Service.
• "Platform" means the BeaSmart software, infrastructure, and all associated technologies.

2. Acceptance of Terms

1. By creating an Account, accessing, or using the Service, you agree to be bound by these Terms and all applicable laws and regulations.
2. You must be at least 18 years of age or the age of legal capacity in your jurisdiction to use the Service.
3. If you are using the Service on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity.
4. By accepting these Terms, you also agree to our Privacy Policy, which explains how we collect, use, and protect your data.
5. If you do not agree to these Terms, you must not access or use the Service.

3. Service Description

BeaSmart is an AI Agent and Brand Ambassador platform for beauty professionals. The Service provides:

• An AI-powered agent that autonomously manages Instagram Direct Message conversations on behalf of Users.
• Automated appointment booking, scheduling, and calendar management.
• Intelligent responses to End Client inquiries about services, pricing, and availability.
• Business analytics, insights, and reporting dashboards.
• Service and staff management tools.
• Client relationship management features.

The Service is available on Web, iOS, and Android platforms. Use of the Service requires a valid Instagram Business or Creator account and authorization of the Meta API integration.

4. Account Registration and Security

1. To use the Service, you must create an Account by providing accurate, complete, and current information.
2. You are limited to one Account per Instagram Business or Creator account.
3. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
4. You must immediately notify BeaSmart at [email protected] if you become aware of any unauthorized access to or use of your Account.
5. BeaSmart reserves the right to suspend or terminate Accounts that violate these Terms, contain inaccurate information, or are used for unauthorized purposes.
6. You agree to keep your Account information up-to-date at all times.

5. Instagram and Meta Integration

1. By using the Service, you authorize BeaSmart to access your Instagram Business or Creator account through the Meta (Instagram) Graph API.
2. You grant BeaSmart permission to read and send Direct Messages, access your Instagram profile data, and manage conversations on your behalf, solely for the purpose of providing the Service.
3. You acknowledge and agree that you must comply with Meta's Terms of Service, Instagram's Community Guidelines, and Meta's Developer Policies at all times while using the Service.
4. BeaSmart is not responsible for any changes to, outages of, or disruptions in the Meta/Instagram API or platform that may affect the Service's functionality.
5. You may revoke BeaSmart's access to your Instagram account at any time through your Instagram or Facebook settings. Doing so will immediately disable the AI Agent functionality, and you may lose access to conversation data processed through the integration.
6. If Meta revokes BeaSmart's API access or changes its policies in a way that prevents the Service from functioning, BeaSmart shall not be liable for any resulting service disruption.

6. AI Agent Terms

1. Nature of AI Agent: The AI Agent is an automated system that generates responses based on algorithms and the business information you provide. It is not a human and does not exercise human judgment.
2. User Configuration: AI responses are generated based on the services, pricing, availability, personality settings, and other business information you configure. The accuracy and appropriateness of AI responses depend directly on the accuracy and completeness of the information you provide.
3. No Guarantee of Accuracy: BeaSmart does not guarantee that AI-generated responses will be 100% accurate, complete, appropriate, or free of errors at all times. The AI may occasionally misunderstand queries, provide imprecise information, or generate unexpected responses.
4. User Responsibility: You are ultimately responsible for the accuracy of all information communicated by the AI Agent on your behalf. You should regularly review AI conversations, bookings, and communications to ensure accuracy and appropriateness.
5. Booking Liability: BeaSmart is not liable for any bookings, cancellations, scheduling errors, or communications made by the AI Agent. You accept responsibility for managing and verifying all bookings created through the Service.
6. Human Override: You may override, modify, or cancel any action taken by the AI Agent at any time through the BeaSmart application. End Clients may also request to speak with you directly at any time.
7. AI Disclosure: You agree to comply with any applicable laws or regulations that require you to disclose the use of automated AI systems in communications with End Clients.
8. End Client Interaction: End Clients interact with the AI Agent voluntarily through Instagram Direct Messages. The AI Agent identifies itself as an automated assistant. End Clients are not required to interact with the AI and may request human communication at any time.

7. Subscription Plans and Billing

7.1 Plans

The Service is available through the following subscription tiers:

• Free: Limited features including up to 10 bookings per month, approximately 200 AI messages per month, 1 Instagram account, and basic calendar functionality.
• Pro: EUR 19 per month - 1 Instagram account, unlimited bookings, 1 worker, unlimited services, unlimited AI messages, and analytics dashboard.
• Agency: EUR 49 per month - 1 Instagram account, unlimited bookings, up to 10 workers, unlimited services, unlimited AI messages, and priority support.

7.2 Billing

• All prices are in Euros (EUR). Applicable taxes (including VAT where required) will be added as required by law.
• Paid subscriptions are billed on a recurring monthly basis and automatically renew at the end of each billing period unless cancelled.
• Payment is processed by our third-party payment processor. By subscribing, you agree to the payment processor's terms of service.
• You are responsible for keeping your payment method current and valid. If payment fails, we may suspend your access to paid features after a grace period of 7 days.

7.3 Early Bird Pricing

Users who subscribe during the early access period receive Early Bird pricing, which is locked at the rate in effect at the time of subscription for as long as the subscription remains active and continuously paid. If a subscription lapses (due to cancellation or non-payment) and is later reactivated, the then-current pricing will apply.

7.4 Price Changes

BeaSmart reserves the right to change subscription pricing with at least 30 days' advance written notice sent to your registered email address. Existing subscribers with Early Bird pricing will not be affected by price increases as long as their subscription remains active and continuous.

8. 30-Day Money-Back Guarantee

1. We offer a 30-day money-back guarantee on your first paid subscription period.
2. If you are not satisfied with the Service, you may request a full refund within 30 calendar days of your first paid subscription payment.
3. This guarantee applies to the first subscription period only and does not apply to subsequent renewals.
4. Refund requests must be submitted via email to [email protected] within the 30-day period.
5. Approved refunds will be processed within 14 business days to the original payment method.
6. Upon refund, your account may be downgraded to the Free tier.

9. Cancellation and Refunds

1. You may cancel your subscription at any time through your Account settings or by contacting us.
2. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period you have already paid for.
3. No partial refunds are provided for unused portions of a billing period, except as provided under the 30-Day Money-Back Guarantee (Section 8).
4. After cancellation, you have 30 days to export your data. After this period, your data will be deleted in accordance with our Privacy Policy.
5. Accounts and associated data are deleted 30 days after cancellation, subject to any legal data retention obligations.

10. Acceptable Use Policy

You agree that you will NOT use the Service to:

1. Send spam, unsolicited messages, bulk messages, or any form of automated mass messaging beyond the intended purpose of the AI Agent.
2. Abuse, manipulate, reverse-engineer, decompile, disassemble, or attempt to extract the source code of the AI Agent or any part of the Platform.
3. Violate Meta's Terms of Service, Instagram's Community Guidelines, Meta's Developer Policies, or any applicable law or regulation.
4. Impersonate any person or entity, or misrepresent the AI Agent as a human where applicable law requires disclosure of automated systems.
5. Use the Service for any illegal activities, to promote illegal services, or for any purpose that violates local, national, or international laws.
6. Scrape, data mine, crawl, or extract data from the Service using automated tools or methods not provided by BeaSmart.
7. Attempt to circumvent usage limits, security measures, rate limits, or access controls.
8. Use the Service to harm, harass, threaten, deceive, defraud, or discriminate against End Clients or any other person.
9. Share your Account credentials with unauthorized third parties or allow others to access the Service through your Account without authorization.
10. Provide intentionally false, misleading, or deceptive service information, pricing, or availability data for the AI Agent to communicate.
11. Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.

BeaSmart reserves the right to investigate and take appropriate action against any violations, including Account suspension or termination, without prior notice.

11. Intellectual Property

1. BeaSmart Ownership: The BeaSmart name, BeaSmart brand, logo, trademarks, Platform code, design, AI technology, algorithms, documentation, and all associated intellectual property are the exclusive property of Stevan Nesovic PR Maistery. All rights are reserved.
2. User Content Ownership: You retain full ownership of all content, business data, client data, and other materials you provide to or generate through the Service.
3. License to BeaSmart: By using the Service, you grant BeaSmart a limited, non-exclusive, revocable license to process, store, and display your content solely as necessary to provide the Service. This license terminates when your Account is deleted.
4. Restrictions: You may not copy, modify, distribute, sell, sublicense, reverse-engineer, decompile, or create derivative works of any part of the Platform without our prior written consent.
5. Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant BeaSmart an irrevocable, perpetual, royalty-free license to use such feedback to improve the Service without any obligation or compensation to you.

12. User Content and Responsibilities

1. You are solely responsible for all content, business information, service descriptions, pricing, availability, and other data you provide to the AI Agent and the Service.
2. You are responsible for ensuring the accuracy of all business information configured in the Service. Incorrect configurations may lead to incorrect AI responses, scheduling errors, or client dissatisfaction.
3. You are responsible for compliance with all applicable local, national, and international laws and regulations governing your business, including but not limited to licensing requirements, health and safety regulations, and consumer protection laws.
4. You are solely responsible for your relationship with your End Clients, including the fulfillment of services booked through the AI Agent.
5. You acknowledge that incorrect or incomplete service configuration may result in the AI Agent communicating inaccurate information to End Clients, and you accept full responsibility for any consequences thereof.

13. End Client Data and Responsibilities

1. You (the beauty professional) are the Data Controller for your End Client data. You determine the purposes and means of processing your End Clients' personal data.
2. BeaSmart is the Data Processor, acting on your behalf and in accordance with your instructions as configured through the Service.
3. You must have a lawful basis under applicable data protection laws (including GDPR where applicable) to collect, store, and process your End Clients' personal data through the Service.
4. You are responsible for providing appropriate privacy notices to your End Clients regarding how their data is collected and used through the AI Agent.
5. You must respond to End Client data subject requests (access, deletion, correction) in accordance with applicable law. BeaSmart will assist you in fulfilling such requests.
6. You shall not use End Client data collected through the Service for any purpose unrelated to the services booked or inquired about by the End Client.

14. Service Availability and Modifications

1. The Service is provided on a "best-effort" basis. We do not guarantee a specific level of uptime or availability.
2. We may perform scheduled maintenance that temporarily affects the Service. When possible, we will provide advance notice of planned maintenance.
3. BeaSmart reserves the right to modify, update, improve, or discontinue features of the Service at any time. We will provide reasonable notice before discontinuing any core feature.
4. BeaSmart is not liable for service interruptions or degradations caused by Meta/Instagram API changes, outages, or policy modifications, force majeure events, or third-party service outages beyond our control.

15. Disclaimer of Warranties

Without limiting the foregoing, BeaSmart expressly disclaims:

1. Any warranty that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components.
2. Any warranty that AI-generated responses will be accurate, complete, appropriate, timely, or suitable for any particular purpose.
3. Any warranty regarding specific business results, revenue increases, booking volumes, or client satisfaction levels.
4. Any warranty regarding the continued availability, functionality, or compatibility of the Meta/Instagram API.
5. Any warranty of merchantability, fitness for a particular purpose, or non-infringement.

These disclaimers apply to the fullest extent permitted by the laws of the Republic of Serbia and applicable EU consumer protection regulations.

16. Limitation of Liability

1. Exclusion of Certain Damages: To the maximum extent permitted by applicable law, in no event shall BeaSmart, Stevan Nesovic PR Maistery, its owner, employees, agents, or affiliates be liable for:
   • Any lost profits, lost revenue, lost bookings, or lost business opportunities;
   • Any indirect, incidental, special, consequential, exemplary, or punitive damages;
   • Any damages arising from or related to AI-generated responses, automated actions, or automated communications;
   • Any loss of data beyond what is stored in our current backups;
   • Any actions, omissions, outages, or policy changes of the Meta/Instagram platform;
   • Any disputes between Users and their End Clients arising from AI-managed conversations or bookings;
   • Any loss or damage caused by reliance on AI-generated responses or automated scheduling.
2. Liability Cap: BeaSmart's total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the total amount paid by you to BeaSmart during the twelve (12) months immediately preceding the event giving rise to the claim.
3. Applicable Law Limitations: These limitations apply to the fullest extent permitted by applicable law, regardless of the legal theory (contract, tort, strict liability, or otherwise).
4. Exceptions: Nothing in these Terms shall exclude or limit liability for:
   • Fraud or fraudulent misrepresentation;
   • Gross negligence or willful misconduct;
   • Death or personal injury caused by negligence;
   • Any liability that cannot be excluded or limited under applicable mandatory law.

17. Indemnification

You agree to indemnify, defend, and hold harmless BeaSmart, Stevan Nesovic PR Maistery, and its owner, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

1. Your violation of these Terms or any applicable law or regulation;
2. Your use or misuse of the Service;
3. Disputes between you and your End Clients, including disputes arising from AI-managed conversations or bookings;
4. Inaccurate, misleading, or incomplete service information, pricing, or availability data you provided for the AI Agent to communicate;
5. Your violation of any third party's rights, including intellectual property rights;
6. Your failure to comply with Meta's Terms of Service, Instagram's Community Guidelines, or Meta's Developer Policies;
7. Claims by End Clients related to services booked through the AI Agent;
8. Your failure to comply with applicable data protection laws, including your obligations as a Data Controller under GDPR.

18. Termination

18.1 Termination by User

You may terminate your Account and these Terms at any time by canceling your subscription and requesting account deletion through the Service or by contacting us at [email protected].

18.2 Termination by BeaSmart

BeaSmart may suspend or terminate your Account and access to the Service, without prior notice, for any of the following reasons:

• Violation of these Terms or the Acceptable Use Policy;
• Non-payment after the expiration of the 7-day grace period;
• Violation of Meta's policies that affects the Service or other users;
• Extended account inactivity (12 or more consecutive months);
• Legal or regulatory requirements;
• Actions that endanger the security, integrity, or availability of the Service.

18.3 Effect of Termination

• Upon termination, your right to access and use the Service is immediately revoked.
• You have 30 days from the date of termination to request an export of your data.
• After the 30-day data export period, all your data will be deleted in accordance with our Privacy Policy, subject to legal retention obligations.
• The following sections survive termination: Intellectual Property (Section 11), Disclaimer of Warranties (Section 15), Limitation of Liability (Section 16), Indemnification (Section 17), Governing Law (Section 21), and Dispute Resolution (Section 20).

19. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters, acts of God, floods, earthquakes, or severe weather events;
• War, armed conflict, terrorism, riots, or civil unrest;
• Government actions, sanctions, embargoes, or regulatory changes;
• Pandemics, epidemics, or public health emergencies;
• Utility failures, power outages, or telecommunications disruptions;
• Meta/Instagram platform outages, API changes, or service disruptions;
• Cyberattacks, DDoS attacks, or other malicious interference;
• Strikes, labor disputes, or supply chain disruptions.

The affected party shall notify the other party as soon as reasonably practicable and shall use reasonable efforts to mitigate the impact of the force majeure event.

20. Dispute Resolution

1. Good Faith Negotiation: In the event of any dispute arising out of or relating to these Terms or the Service, the parties shall first attempt to resolve the dispute through good faith negotiation for a period of 30 days from the date one party notifies the other of the dispute.
2. Mediation: If the dispute is not resolved through negotiation, the parties agree to attempt mediation in Kragujevac, Republic of Serbia, before resorting to litigation.
3. Litigation: If the dispute remains unresolved after mediation, either party may submit the dispute to the competent courts in Kragujevac, Republic of Serbia.
4. EU Users: Users residing in the European Union may also utilize the EU Online Dispute Resolution platform available at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.
5. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

21. Governing Law

1. These Terms are governed by and construed in accordance with the laws of the Republic of Serbia, without regard to its conflict of law principles.
2. For Users residing in the European Union, the mandatory consumer protection provisions of the laws of their country of residence shall also apply to the extent they provide greater protection than Serbian law.
3. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

22. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

23. Entire Agreement

1. These Terms, together with the Privacy Policy, constitute the entire agreement between you and BeaSmart regarding the use of the Service.
2. These Terms supersede all prior or contemporaneous oral or written agreements, communications, and proposals relating to the Service.
3. No waiver of any provision of these Terms shall be effective unless in writing and signed by the waiving party. A failure to enforce any provision shall not constitute a waiver of that provision.

24. Assignment

1. You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of BeaSmart.
2. BeaSmart may assign these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets, provided the assignee agrees to be bound by these Terms.

25. Changes to These Terms

1. BeaSmart reserves the right to modify these Terms at any time.
2. We will notify you of any material changes by sending a notice to your registered email address at least 30 days before the changes take effect, and by displaying a prominent notice within the Service.
3. The updated "Last updated" date at the top of these Terms will indicate when changes were made.
4. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
5. If you do not agree with the updated Terms, you must stop using the Service before the changes take effect and may request Account deletion and data export.

26. Contact

If you have any questions, concerns, or feedback regarding these Terms, please contact us: