Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Smart Marketing CRM (“Smart Marketing CRM,” “we,” “us”) and govern your use of our product. By creating an account or using the service, you agree to these Terms. If you’re using it on behalf of a business, you’re agreeing on its behalf and confirm you have authority to do so.

The service

Smart Marketing CRM is an AI assistant that works on top of the business tools you connect, such as your CRM, email, and calendar. It can read your data to surface insights, and it can draft and carry out actions like updating a contact or moving a deal to a new stage.

The assistant’s suggestions are tools to help you, not commands — you decide what actually happens. By default the assistant works in a plan-first mode: it proposes outbound and account-changing actions rather than performing them itself. When you switch it to act on your behalf, outbound and account-changing actions can still pause in a hold-to-send buffer for your review, even for categories marked “Auto.” You control these settings — “Plan” or “Act,” and per category “Auto,” “Ask,” or “Never” — in your Profile.

Your account

You’re responsible for your account and for activity that happens under it. Keep your login secure, give us accurate information, and let us know if you suspect unauthorized use. You must be at least 18 to use the service.

Connecting your tools

When you connect a tool, you authorize us to access it and act within it on your behalf, using the permissions you grant. You are responsible for:

• having the right to connect that account and the data in it;
• complying with the connected platform’s own terms and policies (for example, HighLevel’s or Google’s); and
• the instructions you give the assistant.

You can disconnect a tool at any time from your Profile, which removes our stored access keys for it.

Acceptable use

You agree not to:

• send spam, deceptive, or unlawful messages, or anything that violates a connected platform’s policies;
• use the service with data you’re not authorized to handle;
• attempt to break, overload, reverse-engineer, or gain unauthorized access to the service;
• use the service to build a competing product, or resell it, without our permission; or
• use the service in violation of U.S. export controls or sanctions laws, or where you are barred from receiving it under applicable law.

AI output and your judgment

The assistant uses AI, and AI can be wrong. It may produce inaccurate or incomplete suggestions. You’re responsible for reviewing its output before relying on it or sending anything, and the service is not a substitute for professional legal, financial, tax, or other advice. The hold-to-send buffer is there to help, but the final decision is always yours.

Your marketing and your contacts

You’re responsible for the messages you send and for complying with the laws that apply to your outreach — including anti-spam, telemarketing, and consent laws such as CAN-SPAM, the TCPA, and similar rules where your recipients are located. You’re responsible for having the right consent and a lawful basis to contact the people in your connected tools, and for honoring opt-outs.

Connected platforms

The service depends on the third-party tools you connect. We don’t control those platforms and aren’t responsible for their availability, changes, or actions. An integration may slow down or stop working if a platform changes its API, revokes access, or has an outage, and we may need to adjust or remove an integration over time.

Pricing and payment

Smart Marketing CRM is free to use while in beta — there’s no charge to install or use it. We may change, add, or remove features during the beta, and we’ll give reasonable notice of material changes. We may offer paid plans in the future, but your free access won’t automatically turn into a paid subscription: we won’t charge you unless you choose a paid plan and authorize the charge.

If you choose a paid plan, we’ll show you its price, billing cycle, what’s included, how it renews, and how to cancel before you’re charged, and paid features stay optional until you select them. Prices, plans, and what each includes may change over time, but the terms that apply to a purchase or renewal are the ones we show you at that time, along with any notice or consent the law requires.

Depending on how you sign up, we may bill you directly or through a third-party marketplace, such as HighLevel. When a marketplace handles your payment, it may be the merchant of record, and its billing, renewal, cancellation, and refund terms govern that transaction if they conflict with this section — though your use of Smart Marketing CRM stays governed by these Terms.

If we offer a paid plan as a subscription, it renews automatically unless you cancel before the current billing period ends. Unless we show you different renewal terms, it renews for another period of the same length at the then-current price, using the payment method you gave us or the marketplace, and we’ll send renewal, trial, and price-change notices where the law requires them. You can cancel at any time — from your Profile for plans we bill directly, or through the marketplace for plans it bills. When we process your cancellation, your subscription stops renewing, and unless the law or your purchase terms say otherwise, you keep access until the end of the period you’ve already paid for.

Unless we say a price includes taxes, prices don’t include sales, use, VAT, GST, or similar taxes, and you’re responsible for any that apply — except taxes on our own income. Except where the law requires otherwise or we say otherwise at purchase, payments are non-refundable, and we don’t give refunds or credits for partial or unused periods; if you were billed through a marketplace, its refund policy governs that purchase, subject to applicable law.

Who owns what

You own your data — the contacts, content, and information you bring to or create through the service. You grant us the permission needed to process that data in order to provide and improve the service for you.

We own the service itself — our software, technology, and brand. We may use de-identified and aggregated information — which doesn’t identify you or your contacts — to operate, analyze, improve, and develop the service and new features.

Privacy

How we handle personal information is described in our Privacy Policy, which is part of these Terms.

The service is provided “as is”

We work hard to make the service useful and reliable, but we provide it “as is” and “as available,” without warranties of any kind, to the fullest extent the law allows. We don’t guarantee that the service will be uninterrupted or error-free, or that the assistant’s output will be accurate.

Limitation of liability

To the fullest extent allowed by law, we will not be liable for indirect, incidental, special, or consequential damages, or for lost profits or data. Our total liability for any claim is limited to the amount you paid us in the 12 months before the claim arose. In particular, we are not responsible for the outcomes of messages or actions you chose to send or approve through the service.

Indemnification

You agree to defend and indemnify us against claims, damages, and costs arising from your data, your use of the service, or your violation of these Terms or of a connected platform’s policies.

Suspension and termination

You can stop using the service and close your account at any time. We may suspend or end your access if you violate these Terms or create legal or security risk (and, for any paid plan, for non-payment). When access ends, your right to use the service stops, and we’ll handle your data as described in the Privacy Policy.

Changes to these Terms

We may update these Terms as the product evolves. We’ll post the updated version here with a new date, and for material changes we’ll give reasonable notice. If you keep using the service after a change takes effect, that means you accept the updated Terms.

Governing law and disputes

These Terms are governed by the laws of the U.S. state in which Smart Marketing CRM is organized, without regard to its conflict-of-laws rules. You and we agree to resolve disputes in the state or federal courts located there, except that either party may seek injunctive relief to protect its intellectual property or confidential information.

Other terms

These Terms are the entire agreement between you and us about the service. If any part is found unenforceable, the rest stays in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent. Neither party is responsible for delays or failures caused by events beyond its reasonable control.

Contact us

Questions about these Terms? Email evan@nisonco.com.