Terms of Use
These terms are an agreement between you and Kima Technologies Inc. (“Kima”, “we”) for the CallSmart iPhone app and web app (“CallSmart”). By creating an account or using CallSmart, you agree to them and to our Privacy Policy. If you use CallSmart for a business, you confirm you can accept these terms for it. For CallSmart, these terms take priority over Kima’s general terms of service.
1. What CallSmart is
CallSmart helps mortgage brokers and agents capture conversations and draft follow-up emails and CRM notes. It’s a drafting tool. It isn’t a lender, a broker, a CRM of record or a source of legal, financial or mortgage advice.
2. Your account
You must be at least 18 and a working professional to use CallSmart. Keep your sign-in secure and your details accurate. You’re responsible for what happens under your account.
3. Recording and consent
You’re solely responsible for recording lawfully. Before you record, import or process a conversation, you must tell everyone in it and get any consent that applies where they are. Rules differ between provinces, countries and professional regulators. Live calls have no automatic recording announcement or beep, so telling the client is up to you. The reminders in the app don’t replace this and aren’t legal advice.
4. Client information
You’re responsible for your clients’ information and for meeting your obligations under privacy law, your licence and your brokerage’s rules. That includes having a lawful basis to send it to CallSmart and the service providers listed in the Privacy Policy, and keeping records you’re required to keep. Recordings are deleted after 90 days, so CallSmart shouldn’t be your only copy of anything you must retain.
5. AI drafts
CallSmart uses third-party AI. Transcripts and drafts can contain errors or leave things out, including rates, amounts, names and dates. You must review them before you use them. Nothing is sent until you approve it, and everything you approve, send or rely on is yours. Drafts aren’t professional advice.
6. Live calls
Live calls depend on carriers and your phone plan. Your clients see your number only after you verify it. Record a call I’m on needs three-way calling. Unpaid accounts may have a live-call limit shown in the app. CallSmart isn’t for emergency calls.
7. Subscriptions and free trials
CallSmart’s paid plans are auto-renewing subscriptions. The current price, length and what’s included are shown before you buy. Prices may change, and we’ll tell you first as required by Apple and the law.
Bought on iPhone
- Apple charges your Apple Account and handles billing.
- Your subscription renews automatically for the same period unless you cancel at least 24 hours before the current period ends.
- Manage or cancel in your Apple Account settings. Deleting the app or your CallSmart account doesn’t cancel it.
- If a free trial is offered, Apple charges you when it ends unless you cancel at least 24 hours before. Each person gets one trial. Any unused part of a trial ends when you buy a subscription.
- Refunds are decided by Apple. Request one at reportaproblem.apple.com.
Bought on the web
Web plans are billed through Stripe in Canadian dollars, plus taxes, and renew until cancelled. Cancellation takes effect at the end of the paid period. Partial periods generally aren’t refunded, but an annual web plan can be cancelled for a full refund within 14 days of first purchase.
Nothing in these terms limits refund or cancellation rights you have by law.
8. Acceptable use
Don’t use CallSmart to record anyone unlawfully, break the law or a professional rule, send spam or misleading messages, infringe others’ rights, or upload harmful code. Don’t probe, overload, copy or reverse engineer the service, or use it to build a competing one.
9. Your content and our service
You keep ownership of what you put into CallSmart and of your approved drafts. You let us process that content only to provide and support the service, as the Privacy Policy describes. We don’t use it to train AI models. We own CallSmart and its brand, and we give you a personal, non-exclusive, non-transferable licence to use it under these terms.
10. Availability and changes
We work to keep CallSmart running, but it can be interrupted, and features may change. If we make a significant change that reduces what you paid for, we’ll tell you. Third-party services you connect are governed by their own terms.
11. Ending your use
You can stop at any time, and you can delete your account in the app. We may suspend or end your access if you seriously or repeatedly break these terms, if your use creates risk or legal exposure, or if payment fails. Where it’s reasonable, we’ll warn you first. Deleted data can’t be recovered, so export what you need beforehand.
12. Disclaimers
To the extent the law allows, CallSmart is provided “as is” and “as available”, without warranties of any kind, including accuracy, reliability, fitness for a particular purpose or non-infringement.
13. Limit of liability
To the extent the law allows, Kima isn’t liable for indirect, special or consequential damages, lost profits, lost deals or lost data, for your reliance on AI drafts, or for fines or claims arising from your recording practices or your compliance with laws and regulators. Our total liability for any claim is limited to the greater of what you paid us in the 12 months before the claim or CAD $100. Some places don’t allow these limits, so they may not all apply to you.
14. Your responsibility to us
You’ll cover losses and reasonable legal costs we face from a third-party claim that arises from your content, your recording practices or your breach of these terms.
15. Governing law and disputes
These terms are governed by the laws of Ontario and the federal laws of Canada that apply there. Please contact us first: we’ll try in good faith to resolve a dispute within 30 days. If we can’t, it goes to binding arbitration in Toronto under the rules of the ADR Institute of Canada, except that either of us may use small claims court. This doesn’t remove rights that you can’t give up by law, including mandatory consumer protections in your province.
16. Changes to these terms
We may update these terms. If a change is significant, we’ll tell you in the app or by email before it takes effect. If you keep using CallSmart after that, you accept the new terms. If you don’t agree, stop using it and cancel your subscription.
17. Apple App Store terms
If you downloaded CallSmart from the App Store, these terms also apply:
- Who you’re agreeing with. This agreement is between you and Kima only, not Apple. Kima, not Apple, is solely responsible for the app and its content.
- Licence. You get a non-transferable licence to use the app on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and support. Kima alone provides any maintenance and support. Apple has no obligation to do so.
- Warranty. If the app fails to meet an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent the law allows, Apple has no other warranty obligation. Any other claims, losses or costs from a failure to meet a warranty are Kima’s responsibility, subject to these terms.
- Product claims. Kima, not Apple, is responsible for claims by you or anyone else relating to the app, including product liability claims, failure to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
- Intellectual property. If a third party claims the app or your use of it infringes their rights, Kima, not Apple, is responsible for investigating, defending, settling and discharging the claim.
- Legal compliance. You confirm you’re not in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and you’re not on any U.S. Government list of prohibited or restricted parties.
- Third-party terms. You must follow any third-party agreement that applies when you use the app, such as your wireless data service agreement.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple may enforce them against you.
- Contact. Send questions, complaints or claims about the app to the address below.
18. Contact
Kima Technologies Inc., 637 Lake Shore Blvd. W., Toronto, ON M5V 3J6
Email: legal@usekima.com
Support: support@usekima.com