Terms of Service | SmartDMS

1. Acceptance of terms

By creating a SmartDMS account, accessing the SmartDMS platform, or using any SmartDMS service (collectively, the “Service”), you (“Customer” or “you”) agree to be bound by these Terms of Service (“Terms”) on behalf of yourself and the organization you represent.

If you do not agree to these Terms, do not use the Service. By clicking “Accept”, completing registration, or continuing to use the Service after any update to these Terms, you confirm your acceptance.

SmartDMS reserves the right to update these Terms at any time. Material changes will be communicated by email to your organization’s administrator at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

2. Permitted use

The Service is licensed for business document management purposes. Permitted use includes:

Uploading, storing, classifying, and routing business documents (invoices, purchase orders, contracts, receipts, and similar).
Configuring automated workflows to route documents to folders and approval queues.
Using AI-powered classification and extraction to organize and search document content.
Allowing users within your organization to access, review, and approve documents.

You may not use the Service to:

Store or process content that is illegal, fraudulent, or violates any third-party rights.
Reverse-engineer, resell, or sublicense the Service without a written reseller agreement.
Attempt to gain unauthorized access to SmartDMS infrastructure or another organization’s data.
Use the Service in a way that exceeds your plan limits in bad faith or to circumvent billing.

3. AI processing acknowledgement

SmartDMS uses Anthropic’s API to classify documents and extract structured fields. By uploading documents to SmartDMS, you acknowledge and consent to that document content being transmitted to Anthropic for processing.

You are responsible for ensuring that the documents you upload do not contain data that you are prohibited from transmitting to third-party AI processors under applicable law or your own contractual obligations.

SmartDMS does not use your documents to train AI models. AI processing results (classification labels, extracted fields) are stored in your organization’s database and used solely to provide the Service.

4. Billing and subscriptions

Subscription plans, pricing, and included page volumes are described on the Pricing page. SmartDMS is billed per page processed on a monthly subscription. By starting a subscription, you agree to the following billing terms:

Free trial: self-serve tiers include a free trial that runs 7 days or 250 pages, whichever comes first. A valid payment method (card or ACH via Stripe) is added at signup. On day 7 the trial converts to your chosen plan unless you cancel before then.
Term and commitment: every plan is a 12-month commitment. You may pay monthly across the year, or prepay 1, 2, or 3 years upfront to save 20%, 30%, or 40% respectively. Plans renew annually and may be cancelled at renewal. There is no setup fee.
Overages: pages processed beyond your plan’s monthly allowance are either billed at your plan’s per-page overage rate or auto-bumped to the next plan, per your account setting.
Upgrades: prorated and effective immediately.
Downgrades: effective at the next billing cycle.

All prices are in USD. Taxes may apply depending on your jurisdiction. SmartDMS uses Stripe for payment processing; by providing payment information you also agree to Stripe’s terms of service. If ACH payment fails during trial-to-paid conversion, the account may be suspended until payment clears.

5. Data handling and deletion on cancellation

Your organization’s documents, extracted data, audit logs, and account information are stored for the duration of your active subscription.

You may delete individual documents or your entire account at any time from within the SmartDMS interface.
Upon subscription cancellation or account closure, your data is retained for 30 days to allow for export.
After 30 days, all data associated with your organization — including document files, extracted data, and user accounts — is permanently and irreversibly deleted.
You may request immediate deletion before the 30-day window by emailing hello@smartdms.ai.

SmartDMS is not liable for any loss of data resulting from account cancellation or deletion you initiate.

6. Intellectual property

SmartDMS and its underlying software, design, and technology are the intellectual property of SmartDMS and its licensors. These Terms do not transfer any ownership rights to you.

You retain full ownership of the documents and data you upload to SmartDMS. You grant SmartDMS a limited, non-exclusive license to store, process, and transmit your content solely for the purpose of providing the Service.

7. Limitation of liability

Important — please read carefully. To the fullest extent permitted by applicable law, SmartDMS’s total liability to you for any claims arising out of or related to these Terms or the Service is limited to the greater of (a) the fees you paid to SmartDMS in the 12 months immediately preceding the event giving rise to the claim, or (b) $100 USD.

SmartDMS is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or business interruption, even if SmartDMS has been advised of the possibility of such damages.

SmartDMS does not guarantee that the Service will be uninterrupted, error-free, or that AI classification results will be accurate in all cases. You are responsible for reviewing and verifying AI-generated classifications and extracted fields before acting on them.

8. Indemnification

You agree to indemnify and hold SmartDMS harmless from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or third-party rights; or (c) documents or data you upload that infringe third-party intellectual property or privacy rights.

9. Confidentiality

Each party agrees to keep the other’s non-public business information confidential and to use it only for the purpose of performing under these Terms. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

10. Termination

Either party may terminate these Terms at any time. You may cancel your subscription through the SmartDMS billing portal. SmartDMS may suspend or terminate your account immediately if you materially breach these Terms and fail to cure the breach within 7 days of written notice.

On termination, your right to use the Service ceases immediately. Sections covering intellectual property, limitation of liability, indemnification, and governing law survive termination.

11. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

Before initiating formal legal proceedings, both parties agree to attempt to resolve disputes informally by contacting SmartDMS at hello@smartdms.ai and allowing 30 days for good-faith resolution.

12. Entire agreement

These Terms, together with the Privacy Policy and any applicable Order Form or subscription confirmation, constitute the entire agreement between you and SmartDMS regarding the Service and supersede all prior agreements or understandings on the subject matter.

Contact

Questions about these Terms? Contact us at hello@smartdms.ai.