SmartAlex End User Licence Agreement
1. About this agreement
This End User Licence Agreement (the Licence) governs your use of the SmartAlex applications and widgets, namely our web application, our iOS and Android mobile applications, our desktop and browser extensions where offered, and our embeddable widgets and software development kits (together, the Applications). The Applications are provided by THERCSGROUP PTE. LTD., a private company limited by shares incorporated in the Republic of Singapore (UEN 202543608D), with its registered office at 160 Robinson Road, #14-04 Singapore Business Federation Center, Singapore 068914, trading as SmartAlex (SmartAlex, we, us, or our).
By installing, accessing, or using the Applications, you agree to this Licence. If you do not agree, do not install or use the Applications, and remove any copies you hold. In this Licence, you means the individual using the Applications, whether as a SmartAlex Customer, an authorised user of a Customer, or otherwise. If you accept this Licence on behalf of a Customer, you confirm that you have authority to bind that Customer, and references to your obligations apply to that Customer as well.
This Licence governs the licence to use the software only. Your commercial relationship with SmartAlex, including subscriptions, fees, service levels, and acceptable use, is governed by our Terms of Service, which this Licence supplements and incorporates by reference. If there is a conflict between this Licence and the Terms of Service, the Terms of Service prevail, except on matters specific to the software licence granted here, where this Licence prevails. Capitalised terms used but not defined in this Licence have the meaning given to them in the Terms of Service.
2. Definitions
In this Licence, the following defined terms apply in addition to those introduced elsewhere.
- Services or Platform means the SmartAlex platform, websites, applications and APIs, of which the Applications form part.
- Customer means the business that contracts with SmartAlex for the Services under the Terms of Service.
- End User means an individual whom a Customer interacts with through the Services, such as a recipient of a call placed or answered by an AI voice agent.
- Customer Data means data that a Customer or its End Users provide, or that is generated through a Customer's use of the Services, including call audio, transcripts, contacts, and messages.
- Documentation means the user guides, help articles, and technical materials we make available for the Applications.
- App Provider means a third-party app store or distribution platform through which a mobile Application is made available, such as the Apple App Store or Google Play.
- Authorised Device means a device that you own or control and that meets the minimum technical requirements published in the Documentation.
- Open-Source Components means third-party software components licensed under open-source licences that are incorporated into or distributed with the Applications.
3. The licence we grant
Subject to your continued compliance with this Licence and the Terms of Service, SmartAlex grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to install and use the Applications on Authorised Devices, for your internal business use and in line with the subscription that applies to you. Where you use the Applications on behalf of a Customer, this licence is granted to that Customer, and you use the Applications as that Customer's authorised user.
3.1 Scope of permitted use
The licence is limited to the number of users, seats, devices, or usage volumes set out in the applicable subscription or order. You must not exceed those limits or share access credentials so as to enable use beyond them. Each individual user must have their own credentials, and you are responsible for the acts and omissions of every person who uses the Applications under your account as if they were your own.
3.2 Embeddable widgets and SDKs
If your subscription includes embeddable widgets or SDKs, you may integrate them into your own websites, applications, or telephony flows solely to access the Services, and only in accordance with the Documentation. You must not modify the widgets or SDKs except through the configuration options we expose, must not use them to build a product that competes with the Services, and must keep current with the versions we designate as supported. We may change, deprecate, or withdraw a widget or SDK version on reasonable notice.
3.3 Evaluation, trial, and beta features
We may make trial, preview, beta, or other pre-release features available. Those features are provided for evaluation only, may be incomplete or change at any time, may be withdrawn without notice, and are provided without any warranty or service commitment, regardless of anything to the contrary in this Licence. You should not rely on a pre-release feature for production use.
4. Restrictions
You must not, and must not permit any other person to:
- copy, modify, translate, or create derivative works of the Applications, except as permitted by law that cannot be excluded by agreement;
- reverse engineer, decompile, or disassemble the Applications, or attempt to derive their source code, underlying ideas, algorithms, or models, except to the limited extent applicable law expressly permits despite this restriction, and then only after giving us prior written notice and an opportunity to provide the relevant information;
- rent, lease, lend, sell, redistribute, sublicense, host as a service, or otherwise provide the Applications to any third party, except as expressly allowed by your subscription;
- remove, alter, or obscure any proprietary notices, marks, watermarks, or labels in or on the Applications or their output;
- circumvent, disable, or interfere with any security, usage-metering, licence-enforcement, rate-limiting, or access-control feature of the Applications;
- use the Applications to develop, train, or improve a competing voice, transcription, or language-model product, or to benchmark the Applications for that purpose, except where such restriction is prohibited by law;
- access or use the Applications through automated means in a manner that imposes an unreasonable load, scrapes data, or bypasses published interfaces, other than through the APIs and SDKs we provide for that purpose; or
- use the Applications in any way that breaches our Acceptable Use Policy or any applicable law, including the telephony, recording-consent, and AI-disclosure obligations set out there and in our Telephony and Call Recording Notice.
5. AI voice features, microphone access, and accuracy
The Applications provide AI voice and language features. To work, they may need to capture, transmit, and process audio from your device microphone and from telephone calls, and they may record and transcribe calls. By enabling these features you instruct us, and you confirm that the relevant Customer instructs us, to process that audio and the resulting transcripts as described in our Privacy Policy and, where we act as a processor, our Data Processing Addendum.
Call audio and transcripts may contain special-category data, and a voice may constitute biometric data where it is used to identify an individual. We process this material only on the Customer's instructions. The Customer, not SmartAlex, is responsible for establishing a lawful condition for that processing, typically explicit consent, for giving End Users the notices the law requires, including disclosure that they are interacting with an AI system, and for obtaining all call-recording and call-consent permissions. The Applications and the Services are not a substitute for, and cannot reliably reach, emergency services such as 911 or 112, and you must not rely on them to do so.
AI features can produce inaccurate, incomplete, or unexpected output. Transcriptions, summaries, classifications, and synthesised speech may contain errors, and outputs are probabilistic rather than guaranteed. You are responsible for reviewing AI output before relying on it, and you must not use it as the sole basis for a decision that has a legal or similarly significant effect on an individual. Further detail on responsible use of these features is set out in our AI Usage Policy.
6. Device permissions
The Applications may request permissions on your device. The principal permissions and their purpose are set out below. You can manage these permissions in your device or browser settings, although some features may not work, or may work only in part, without them.
| Permission | Why the Applications use it |
|---|---|
| Microphone | To capture audio for voice agents, live calls, and dictation features. |
| Notifications | To alert you to call activity, campaign events, and account messages. |
| Network access | To connect to the Services and transmit call audio and data. |
| Contacts (where granted) | To let you import contacts into the Services at your choice. |
| Storage or files (where granted) | To upload and download recordings, transcripts, and exported documents. |
| Camera or photos (where granted) | To set a profile image or attach media where a feature requires it. |
We request only the permissions a feature needs, and we do not use device permissions for purposes unrelated to providing the Applications.
7. Updates to the Applications
We may release updates, upgrades, patches, and new versions of the Applications, and we may do so automatically. Updates may add, change, or remove features, and may be required for the Applications to keep functioning, to remain secure, or to remain compatible with the Services. This Licence applies to all updates unless an update is accompanied by its own licence terms, in which case those terms apply to that update. We are not obliged to provide updates or to continue to support any particular version, operating system, or platform, and we may cease to support older versions on reasonable notice.
8. Third-party app stores
Where you obtain a mobile Application through an App Provider, your use is also subject to that App Provider's terms, and the following apply.
8.1 General
This Licence is between you and SmartAlex only, and not with any App Provider. SmartAlex, not the App Provider, is solely responsible for the Applications and their content. The App Provider has no obligation to provide maintenance or support for the Applications. You confirm that you are not located in a country subject to a comprehensive embargo, and are not on a prohibited or restricted-party list, where the relevant App Provider's terms require that confirmation.
8.2 Apple App Store
If you obtained a mobile Application from the Apple App Store, you acknowledge that: the licence granted in Section 3 is limited to use on Apple-branded devices that you own or control and as permitted by the Apple Media Services Terms and Conditions; Apple is not responsible for addressing any claims by you or any third party relating to the Application, including product-liability claims, claims that the Application fails to conform to any legal or regulatory requirement, and claims arising under consumer-protection or similar law; in the event the Application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the Application, and to the maximum extent permitted by law Apple has no other warranty obligation; SmartAlex, not Apple, is responsible for addressing any claim that the Application or your use of it infringes a third party's intellectual property rights; SmartAlex, not Apple, is responsible for handling product and consumer support enquiries to the extent required by this Licence; and Apple and its subsidiaries are third-party beneficiaries of this Licence and may enforce it against you.
8.3 Google Play
If you obtained a mobile Application from Google Play, your use is also subject to the Google Play Terms of Service, and SmartAlex, not the operator of Google Play, is responsible for the Application and for support to the extent required by this Licence.
9. Open-source components
The Applications include Open-Source Components. Each Open-Source Component is licensed to you under the terms of its own open-source licence, and nothing in this Licence limits your rights under, or grants you rights that supersede, the terms of any applicable open-source licence. To the extent an open-source licence requires it, the relevant terms and attributions are made available in the Applications or the Documentation. Where there is a conflict between this Licence and an open-source licence as applied to a given component, the open-source licence governs with respect to that component.
10. Intellectual property
The Applications are licensed, not sold. SmartAlex and its licensors retain all right, title, and interest in and to the Applications, including all intellectual property rights in their software, models, design, structure, and content, save for Open-Source Components, which are governed by Section 9. You receive only the rights expressly granted in this Licence, and no rights are granted by implication, estoppel, or otherwise. The SmartAlex name, logos, and marks are our property and you may not use them without our prior written consent. If you give us feedback, suggestions, or ideas about the Applications, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose, without obligation or attribution to you.
11. Your data and privacy
Our handling of personal data through the Applications is described in our Privacy Policy, and, where we process personal data on a Customer's behalf, our Data Processing Addendum. For call content and contact data, SmartAlex acts as the Customer's processor, and the Customer is the controller. For account, billing, security, and product-analytics data relating to your use of the Applications, SmartAlex acts as an independent controller. The third parties we engage to provide the Applications are listed in our Subprocessor List.
12. Export controls and sanctions
You must comply with all applicable export-control and economic-sanctions laws and regulations. You confirm that you are not located in, under the control of, or a national or resident of, any country or territory subject to a comprehensive embargo, and that you are not identified on any restricted-party, denied-party, or sanctions list maintained by a competent authority. You must not export, re-export, or make the Applications available to any person or destination where doing so would breach those laws, and you must not use the Applications for any purpose prohibited by them, including any prohibited military or weapons end-use.
13. Term and termination
This Licence applies for as long as you use the Applications. It ends automatically if you breach it, if your right to use the Services ends under the Terms of Service, or when the related subscription ends. We may also suspend or terminate the licence where required to comply with law or to address a security risk. On termination, you must stop using the Applications and remove any installed copies under your control. Termination of this Licence does not by itself terminate the Terms of Service or affect any accrued rights or obligations. Sections 4, 5, 9, 10, 12, 14, 15, 16, 17, and 18 survive termination.
14. Disclaimers
To the maximum extent permitted by law, the Applications are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Applications will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. The Applications use AI voice and language features that can produce inaccurate or unexpected results, and they are not a substitute for professional advice or for emergency communications, as further described in our Telephony and Call Recording Notice. Nothing in this Section limits any rights you have under mandatory consumer law that cannot be excluded by agreement.
15. Limitation of liability
To the maximum extent permitted by law, the limitations and exclusions of liability set out in our Terms of Service apply to this Licence and to your use of the Applications, and any caps in the Terms of Service are aggregate across both documents rather than additional. Nothing in this Licence excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
16. Indemnity
You will indemnify and hold harmless SmartAlex and its affiliates against any claim, loss, liability, or expense arising from your use of the Applications in breach of this Licence, including any breach of the restrictions in Section 4, any failure to obtain a required call, recording, or AI-disclosure permission, and any breach of export-control or sanctions law. This indemnity is in addition to, and does not limit, any indemnity in the Terms of Service, and it applies subject to the same limitations of liability.
17. General
We may change this Licence from time to time. Where a change is material, we will give reasonable notice through the Applications or by other reasonable means, and your continued use of the Applications after the change takes effect constitutes acceptance of the revised Licence. You may not assign or transfer this Licence without our prior written consent. We may assign it to an affiliate or in connection with a merger, acquisition, or sale of assets. If any provision of this Licence is held to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision is replaced by a valid provision that comes closest to its intended effect. Our failure to enforce a provision is not a waiver of it. This Licence, together with the Terms of Service and the documents it refers to, is the entire agreement between you and SmartAlex regarding the Applications. We are not liable for any failure or delay in performance caused by an event beyond our reasonable control.
18. Governing law
This Licence is governed by the laws of the Republic of Singapore, without regard to its conflict-of-law rules, except where mandatory consumer law in your country of residence applies. Disputes are subject to the dispute-resolution provisions of our Terms of Service. This Section does not deprive you of the protection of any mandatory provisions of the law of your place of habitual residence, and it does not affect any statutory rights or remedies that you may pursue before a competent authority.
19. Contact
Questions about this Licence can be sent to legal@getsmartalex.com, or by post to THERCSGROUP PTE. LTD., 160 Robinson Road, #14-04 Singapore Business Federation Center, Singapore 068914. For privacy enquiries, contact privacy@getsmartalex.com.
This End User Licence Agreement is version 1.1 and is effective from 1 June 2026.