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Terms of Service

Effective Date: March 21, 2026
Last Updated: March 21, 2026

These Terms of Service ("Terms") govern your use of GenSmart (www.gensmart.co), a SaaS platform operated by Dysruptia LLC ("Dysruptia", "we", "us", "our"). By creating an account or using the platform, you agree to these Terms.

1. Description of Service

GenSmart is a software-as-a-service platform that enables you to create, configure, and deploy AI conversational agents on WhatsApp and Web channels. The platform includes agent building tools, CRM, contact management, conversation tracking, appointment scheduling, lead scoring, and analytics.

2. Account Registration

  • You must provide accurate and complete information when creating an account.
  • You are responsible for maintaining the confidentiality of your credentials.
  • You must be at least 18 years old to create an account.
  • One person or legal entity may maintain multiple organizations, but each organization must have a unique name.

3. Subscription Plans and Billing

Plans

GenSmart offers the following subscription plans:

  • Free: 1 agent, 50 messages/month, web widget only.
  • Starter ($29/month): Up to 3 agents, 1,000 messages/month, WhatsApp + web.
  • Pro ($79/month): Up to 10 agents, 5,000 messages/month, all AI models.
  • Enterprise ($199/month): Unlimited agents, 25,000 messages/month, BYO API key support.

Quarterly and yearly billing options are available with discounts.

Billing

  • Payments are processed securely by Stripe, Inc.
  • Subscriptions renew automatically at the end of each billing period.
  • You may upgrade, downgrade, or cancel your subscription at any time from Settings > Billing.
  • Downgrades take effect at the end of the current billing period.
  • Refunds are handled on a case-by-case basis. Contact billing@gensmart.co.

Usage Limits

  • Each plan includes specific limits on agents, messages, contacts, and features.
  • If you exceed your plan's message limit, additional messages may be throttled or blocked until the next billing period.
  • We will notify you when you approach your usage limits.

4. Acceptable Use

You agree NOT to use GenSmart to:

  • Send spam, unsolicited messages, or bulk marketing without recipient consent.
  • Create agents that distribute illegal, harmful, defamatory, or misleading content.
  • Attempt to bypass plan limits, rate limits, or security measures.
  • Reverse-engineer, decompile, or disassemble any part of the platform.
  • Use the platform to develop a competing product.
  • Violate any applicable laws or regulations, including data protection laws.
  • Impersonate another person or entity.

We reserve the right to suspend or terminate accounts that violate these terms.

5. Your Content

Ownership

You retain ownership of all content you create, upload, or configure on GenSmart, including:

  • Agent configurations, prompts, and system instructions.
  • Knowledge base documents and files.
  • Contact data and conversation records.
  • Custom function configurations.

License

By using GenSmart, you grant us a limited license to process your content solely for the purpose of providing the service (e.g., sending your content to AI providers for processing, storing your data, delivering messages).

Responsibility

You are solely responsible for:

  • The content and behavior of your AI agents.
  • Ensuring your agents comply with applicable laws and regulations.
  • Obtaining necessary consents from your end-users for data collection and messaging.
  • The accuracy of information provided by your agents.

6. Intellectual Property

  • "GenSmart" is a registered trademark of Dysruptia LLC.
  • The GenSmart platform, its design, code, and documentation are the intellectual property of Dysruptia LLC.
  • You may not use our trademarks, logos, or branding without prior written permission, except as provided in the widget embed (which displays "Powered by GenSmart").

7. Privacy and Data Protection

Our collection and use of personal data is governed by our Privacy Policy. By using GenSmart, you acknowledge that you have read and understood our Privacy Policy.

If you process personal data of EU/EEA residents through GenSmart, you act as the data controller and we act as the data processor. Contact legal@gensmart.co to discuss a Data Processing Agreement if needed.

8. Service Availability

  • We aim for 99.9% uptime but do not guarantee uninterrupted service.
  • We may perform scheduled maintenance with advance notice when possible.
  • We are not liable for downtime caused by third-party services (AWS, Stripe, Meta/WhatsApp, OpenAI, Anthropic).

9. Termination

By You

You may delete your account at any time from Settings > Data & Privacy. Upon deletion:

  • Your account enters a 30-day grace period during which you can recover it.
  • After 30 days, all your data is permanently deleted.

By Us

We may suspend or terminate your account if:

  • You violate these Terms of Service.
  • Your payment method fails and is not updated within 14 days.
  • Your account is used for fraudulent or illegal activity.

We will provide notice before termination when reasonably possible, except in cases of severe violations.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • GenSmart is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.
  • Dysruptia LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
  • Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
  • We are not liable for the accuracy, reliability, or appropriateness of AI-generated responses.

11. Indemnification

You agree to indemnify and hold harmless Dysruptia LLC from any claims, damages, or expenses arising from:

  • Your use of the platform.
  • Content created or distributed by your AI agents.
  • Your violation of these Terms or any applicable law.

12. Modifications

We may update these Terms from time to time. We will notify you of material changes by email or through a notice on the platform at least 30 days before the changes take effect. Your continued use of GenSmart after the effective date constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of the State of Florida.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15. Contact Us

If you have questions about these Terms: