Terms of Service
These terms are the agreement between the business that opens a CallSmarti account ("you") and MG Digital Direct, a business of MALA Group, Inc. ("we", "CallSmarti"). By starting an account, installing the CallSmarti app on a computer, or paying for a seat, you agree to them.
1. What CallSmarti is
CallSmarti is a small app that you download and install on each sales seat's computer, plus an online owner dashboard at dash.callsmarti.com that you use through a web browser; the dashboard is not downloaded or installed. It watches the health of the seat (computer, headset, phone line), grades the audio quality of each call by phone number, and files what it hears — callers, deals and follow-ups — into a Back Office for you. Optional packages add call scoring and live coaching. Features marked "coming soon" on our site or dashboard are not part of the service until we tell you they have shipped, and you are not billed for them.
2. Recording and consent are your responsibility
CallSmarti listens to calls on the seats where you install it. Laws on recording and monitoring calls vary by state and country; some require every party's consent. You are responsible for telling your agents and your callers that calls are monitored or recorded, for obtaining any consent the law requires, and for complying with every applicable law. We do not give legal advice.
3. Card numbers are never stored
When a caller reads out a payment card number, CallSmarti removes it from the transcript within seconds and never writes it to storage. Even so, CallSmarti is not a payment system and you must not rely on it for your own PCI obligations.
4. Acceptable use
You may use CallSmarti only for calls your business is entitled to make or receive. It may not be used for ringless voicemail, auto-dialed or predictive-dialed telemarketing, cold text messaging, or any campaign that violates the TCPA, the Telemarketing Sales Rule, or a state telemarketing law — and nothing captured by CallSmarti may be used for those purposes. We may suspend an account that does.
5. Seats, billing and cancellation
A seat is one install key. Seats bill monthly, in advance, to the card on file, from the day you sign up, at the prices shown on the dashboard when you add them. Add-on packages bill from the day you switch them on and are prorated when you switch them off. You can cancel from the dashboard at any time; seats stop at the end of the month you have paid for and there are no refunds for partial months. Charges appear on your card statement as MG Digital Direct · 561-423-4813. If a payment fails, seats are suspended until the card is updated.
6. Your data and ours
Recordings, transcripts, scores and Back Office records belong to you. You give us a license to process them to run the service, to improve line-quality grading and coaching, and to keep the service secure. We keep your data while your account is open and for 90 days after it closes, then delete it, unless the law requires otherwise. Our software, models, scoring and dashboards belong to us.
7. Service, support and changes
We aim to keep the dashboard and the app available around the clock but do not promise uninterrupted service. We may change features and prices; price changes take effect at your next monthly renewal after we tell you. Support: david@themalagroup.com.
8. Limits of liability
CallSmarti is provided as is. To the fullest extent the law allows, we are not liable for lost profits, lost sales, or indirect or consequential damages, and our total liability for any claim is limited to the fees you paid us in the three months before the claim.
9. General
These terms are governed by the laws of the State of Florida, and disputes are heard in the courts of Palm Beach County, Florida. If a part of these terms is unenforceable the rest stays in force. We may update these terms; the current version is always at callsmarti.com/terms.
CallSmarti is a product of MG Digital Direct (MALA Group, Inc.), Boca Raton, Florida · 561-423-4813 · Questions: david@themalagroup.com