Terms of Service

1. Acceptance of Terms

By accessing or using the SmartCadence website, products, or services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services.

2. Services

SmartCadence provides software and AI-powered tools to help businesses manage leads, automate customer interactions, and improve sales performance. We may add, modify, or discontinue features from time to time.

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the company you represent. By using the Services, you represent and warrant that you meet these requirements.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use or security breach.

5. Use of the Services

You agree to use the Services only for lawful business purposes and in compliance with all applicable laws and regulations. You will not:

• Misuse the Services
• Attempt to gain unauthorized access to any systems
• Reverse engineer or copy the Services except as permitted by law

6. Customer Data

You retain ownership of all data, content, and materials you submit or upload to the Services ("Customer Data"). You grant SmartCadence a non-exclusive license to use Customer Data solely to provide, maintain, and improve the Services.

7. Intellectual Property

SmartCadence and its licensors own all rights, title, and interest in and to the Services, including all software, designs, logos, and related intellectual property. These Terms do not transfer any intellectual property rights to you.

8. Fees and Payment

If you purchase a paid subscription, you agree to pay all applicable fees in accordance with the pricing and billing terms presented at the time of purchase. Fees are generally non-refundable unless otherwise stated in a separate written agreement.

9. Term and Termination

These Terms remain in effect until terminated. We may suspend or terminate your access to the Services at any time if you violate these Terms or if we discontinue the Services. You may stop using the Services at any time.

10. Disclaimers

The Services are provided on an "as is" and "as available" basis. SmartCadence disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, SmartCadence will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Services. Our total liability for any claim will not exceed the amount you paid to use the Services in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless SmartCadence and its officers, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the Services or your violation of these Terms.

13. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by updating the "Last Updated" date or by other reasonable means. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles, and any disputes will be resolved in the state or federal courts located in Harris County, Texas.