Terms of Service
Smartbound – Athon L.L.C-FZ, Dubai, UAE
1. Who we are, and what these terms cover
These terms govern your use of the services provided by Smartbound – Athon L.L.C-FZ (“AthonBound”, “we”), Dubai, United Arab Emirates: our outbound and market-intelligence services, AthonBound Studio, the Client Portal, and FIRA, our voice assistant.
These services are sold to businesses only. They are not offered to consumers, and nothing here is intended to limit rights that cannot be limited under mandatory consumer law.
2. The services
We build and operate the system: data sourcing, outreach sequences, the portal you follow it from, and, where you enable it, a voice assistant that places and answers calls on your behalf.
We do not decide who gets contacted. You define the audience, you supply or approve the lists, and you decide what the assistant is allowed to say by writing its knowledge base. We execute what you configure.
3. Your account
You are responsible for keeping your credentials confidential and for everything done through your account, and you must tell us without delay if you believe it has been used by someone else. You must give us accurate details and keep them up to date.
4. Fees
Fees, billing frequency and the services included are set out in your order or contract. Unless that document says otherwise, invoices are issued monthly in advance and are payable on issue. Amounts already paid for a period already started are not refundable.
5. Credits and the AI assistant
Your subscription includes a monthly allowance of credits for the AI assistant inside Studio. Each operation consumes a set number of credits, and the current rates are shown inside the product. The allowance is granted monthly, it does not accumulate, and any part of it that you do not use at the end of your monthly period is lost. This is true on annual plans as well, where the allowance is still monthly.
When your remaining credits are not enough for an operation, that operation does not run. The assistant continues to answer questions, but it does not perform actions and does not write documents until your allowance renews or you buy more credits. We tell you when you have used most of your allowance, and the product tells you the reason whenever an operation is refused for this reason.
Additional credits can be bought inside the product. They are added to your balance, they are not reduced by the monthly renewal, and they are not refundable once purchased. We may at our discretion waive the credit limit for an account; doing so for one period does not create a right to it in any other.
What the assistant produces is a draft and must be read before it is used. It can be wrong, incomplete, or out of date, and it is not legal, tax, financial or professional advice. Documents it prepares are proposals for you to check, correct and approve. You remain responsible for anything you send to a third party, whoever or whatever drafted it. Amounts, taxes and totals on invoices are calculated by the system and not by the AI.
6. Per-lead and usage-based charges
Where your order or contract provides for charges per lead or for any other usage-based charge, those charges are recorded as the work is delivered and billed at the end of each agreed period. Before an invoice is issued we prepare a draft that you can review, and adjustments agreed before issue (for example a lead withdrawn or a meeting the prospect did not attend) are applied to it. An invoice takes its number when it is issued, not when the draft is prepared.
7. Trials, and features marked as early access
We may give you access to the services, or to individual features, for a trial period or at no charge. Access of that kind can be changed or withdrawn at any time, and features described as beta, preview or early access are offered as they are: they may change, behave unexpectedly, or be removed. Do not rely on them for anything you cannot afford to lose. The sections below on availability, warranties and liability apply to them in full.
8. Using the voice assistant: what you are responsible for
This section applies whenever you use FIRA, or any other feature that places or answers telephone calls. You are solely responsible for the lawfulness of the calls made on your behalf. That responsibility cannot be delegated to us by using our software, and the obligations below are conditions of using it.
You confirm and undertake that:
- You hold a lawful basis for every number you give us, and you can evidence it on request. Where the law of the recipient’s country requires prior consent for marketing calls, you hold that consent.
- That consent covers calls made with an artificial or AI-generated voice. A general marketing consent is not enough: several jurisdictions treat an artificial voice as a separate category requiring its own prior express consent. If your consent does not say so, you must not use the assistant to call that person.
- You screen your lists against the applicable do-not-call registers: national, sectoral and your own suppression list: before a campaign begins, and at least every 31 days while it runs. For Italy this includes the Registro Pubblico delle Opposizioni.
- You honour opt-outs. When someone asks not to be contacted, that request applies immediately and permanently. Our system records it; you must not reintroduce that number through a later import.
- Call recording is off unless you switch it on, and if you switch it on you are responsible for the notice and, where required, the consent of everyone on the call: including in jurisdictions that require the consent of all parties.
- You do not use the assistant to impersonate a real person or another organisation, to conceal that the caller is artificial, for emergency or medical or financial advice, or for any purpose prohibited by law.
The assistant states that it is a virtual assistant at the start of every call and never claims to be human. See our AI transparency statement. You must not configure or instruct it to do otherwise.
9. Acceptable use
You must not use the services, and must not allow anyone else to use them, to:
- contact a person or a business that you do not have the right to contact, including anyone who has asked not to be contacted and anyone on a do-not-call or opposition register that applies to them;
- break any law that applies to you or to the people you contact, including the rules on marketing calls, artificial voices, recording, and personal data;
- conceal or falsify the identity of the caller or the number the call comes from, or present an automated call as a human one where disclosure is required;
- upload data you obtained unlawfully, or that you are not permitted to pass to a supplier for this purpose;
- send content that is unlawful, defamatory, or designed to deceive the person receiving it, including impersonating another business;
- resell, sublicense or provide the services to a third party as your own, unless your contract says so;
- copy, scrape, reverse engineer or attempt to extract the underlying models, prompts or source of the services, or use their output to train a competing system;
- interfere with the operation or security of the services, or circumvent a limit, quota or access control.
If you breach this section we may suspend access immediately, and we may do so without notice where the breach is causing harm to a third party.
10. The content you provide
You remain responsible for the lists, documents, knowledge-base entries and instructions you put into the services, and you confirm you have the right to use them. We do not review them for accuracy or legality. An assistant answers from the knowledge base you write: if an entry is wrong, the answer given on a call will be wrong.
11. Confidentiality
Each of us may learn things about the other that are not public: commercial terms, customer information, plans, and how the services work. Each of us will keep that information confidential, use it only to perform this agreement, and share it only with people who need it and are bound to keep it confidential. This does not apply to information that is already public without a breach, that the receiving party already had, or that must be disclosed by law or by an authority, in which case we will tell you unless we are not allowed to.
12. Data protection: who is responsible for what
For the personal data of your prospects, clients and contacts that we process through the services, you are the data controller and we act as your processor, on your documented instructions. The terms of that relationship: including our sub-processors, security measures, breach notification and deletion: are in the data processing agreement, which forms part of these terms.
For our own website, marketing and the administration of your account, we are the controller. That processing is described in our privacy policy.
13. Third-party services
The services rely on third-party providers: among them telephony, speech recognition, speech synthesis, language models, calendars and hosting. The providers we engage to process data on your behalf are listed in the data processing agreement, and we remain accountable to you for them under that agreement.
Services that you connect yourself are different. Your CRM, your email provider, your own telephony account, your calendar: we do not choose them, we do not control them, and we are not responsible for their availability, their security or their terms.
14. Availability, and no warranty
We do not promise uninterrupted or error-free service. Maintenance, provider outages and network failures happen, and an interruption is not a breach of these terms unless your contract includes a service level that says otherwise.
The services are provided “as is”. To the fullest extent permitted by law we exclude all implied warranties, including fitness for a particular purpose. In particular we do not warrant any specific commercial outcome: we do not guarantee a number of meetings, replies or conversions, and outputs generated by a language model can be inaccurate.
15. Limitation of liability
Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business or of anticipated savings, loss of opportunity, or loss or corruption of data, however caused.
Our total aggregate liabilityarising out of or in connection with the services, whether in contract, tort or otherwise, is limited to the greater of the amounts you paid us under your contract in the twelve months before the event giving rise to the claim, or one hundred euro (€100).
Nothing in these terms limits liability that cannot be limited by law, including for fraud, for wilful misconduct, or for death or personal injury caused by negligence.
16. Indemnity
You will indemnify and hold us harmless against any claim, loss, damage, penalty or regulatory fine, and reasonable legal costs, arising from your use of the services in breach of these terms or of applicable law. This includes, without limitation, claims and fines under telemarketing and automated-calling rules: among them the US Telephone Consumer Protection Act and equivalent national rules: and claims arising from data you provided without a lawful basis, from calls made without the required consent, or from failure to screen against do-not-call registers.
17. Intellectual property
The software, the platform and everything we build to run the service remain ours. You receive a non-exclusive, non-transferable right to use them for the duration of your contract. Your data, your lists and the content you write remain yours; we use them only to provide the services and as set out in the data processing agreement.
18. Suspension and termination
You may terminate as provided in your contract. We may suspend the services immediately, without notice, where we have reasonable grounds to believe that use is unlawful, that it exposes recipients or us to regulatory action, or that invoices remain unpaid after written reminder. Where we suspend for suspected unlawful use, we will tell you why and what would need to change.
On termination we stop processing and delete or return your data as described in the data processing agreement. Records we are required to keep by law, and records of requests not to be contacted, are kept: deleting an opt-out would mean calling that person again.
19. Changes to these terms
We may update these terms. Where a change is material we will tell you in advance, and you may terminate before it takes effect if you do not accept it. Continuing to use the services after that date means you accept the updated terms.
20. Events outside our control
Neither of us is liable for a failure to perform caused by something outside reasonable control: among other things the failure of a telecommunications carrier or cloud provider, a change in the rules or pricing of a model or telephony supplier, an act of a public authority, an outage of the public network, war, or a natural event. Payment obligations already due are not suspended by this section. If the event lasts more than sixty days, either of us may terminate the affected services on notice.
21. Sanctions and trade controls
You confirm that you are not subject to sanctions, and that you will not use the services for the benefit of a person or a country subject to sanctions or trade restrictions that apply to us. If that changes we may suspend or terminate the services immediately.
22. General
Assignment. You may not transfer this agreement without our written consent. We may transfer it to a company in our group, or to a buyer of the business, provided the obligations to you stay the same.
The whole agreement. Your order or contract, these terms, the privacy policy, the data processing agreement and the AI transparency statement are the whole agreement between us on this subject. Where your signed contract and these terms disagree, the signed contract prevails.
If part of this fails. If a clause is held invalid, the rest stays in force and that clause is read as narrowly as needed to make it valid.
Not enforcing something is not giving it up. If we do not enforce a right on one occasion, we keep it for the next.
Notices. Notices to you are sent to the email address on your account, and it is your job to keep it current. Notices to us go to the address in the contact section below.
No third-party rights. Nobody who is not a party to this agreement can enforce it.
Independent parties. Nothing here makes either of us the agent, partner or employee of the other.
Feedback. If you send us suggestions about the services, we may use them without owing you anything and without restriction.
23. Governing law and jurisdiction
These terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, and the courts of Dubai have exclusive jurisdiction, unless your contract provides otherwise. Nothing here deprives you of the protection of mandatory provisions of the law of your own country where those apply.
24. Contact
Questions about these terms: write to us from the contact page, or to:
Smartbound – Athon L.L.C-FZ
Dubai, United Arab EmiratesLast updated: 14 September 2026.