Terms of Service

These Terms govern your access to and use of Salesfluence, Salesfluence's Android and iOS apps (collectively, "Services"). Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Salesfluence's Privacy Policy), and procedures that may be published from time to time by Salesfluence (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

1. Who's Who

Throughout these Terms, "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with Sizmic Labs Private Limited (India). We refer to Salesfluence, Salesfluence.ai and Sizmic Labs Private Limited (India) collectively as "Salesfluence" or "we" throughout these Terms.

2. Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.

You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account password secure. We strongly encourage you to use a unique, strong password and to enable two-factor authentication where available. You must notify us immediately if you become aware of any unauthorized access to or use of your account.

3. Minimum Age Requirements

Our Services are not directed to children. You are not allowed to create an account or use our Services if you are under 13 years of age. If you are under the age of legal majority in your jurisdiction (typically 18), you may only use our Services with the consent of your parent or legal guardian. Please ask your parent or legal guardian to read these terms with you.

4. Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, or other material) posted to our Services by users or anyone else ("Content") and are not responsible for any use or effects of such Content. So, for example:

• We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies or typographical errors; or violate a third party's rights, including privacy or intellectual property rights.
• We are not responsible for any harm resulting from anyone's access to or use of our Services or Content, or any harm resulting from Content submitted by others.
• You understand that by using our Services, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, and you have no claim against Salesfluence for any such material.

By submitting Content to Salesfluence, you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your use of the Services.

5. Fees, Payment, and Renewal

Fees for Paid Services. Some of our Services are offered for a fee. By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee, recurring fees, or usage-based fees. For recurring fees, we'll bill or charge you in the automatically-renewing interval (such as monthly or annually) you select, until you cancel.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges ("Taxes"). You are responsible for paying all applicable Taxes relating to your use of our Services.

Refunds. We may have a refund policy for some of our Paid Services, and we'll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback about our Services with us, you agree that we can use and share them without any restriction or compensation to you.

7. Privacy Policy

Your privacy matters to us. Please review our Privacy Policy to understand how we collect, use, and share information about you when you use our Services. By using our Services, you agree to the terms of our Privacy Policy.

8. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like LinkedIn integrations, CRM connections, or other third-party tools) developed by a third party or yourself ("Third-Party Services"). If you use any Third-Party Services, you understand that:

• Third-Party Services are not vetted, endorsed, or controlled by Salesfluence.
• Any use of a Third-Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third-Party Services.
• Your use of Third-Party Services may be subject to the third party's terms and conditions.

9. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we're constantly updating our Services, we sometimes have to change the legal terms under which they're offered. We'll let you know when there are changes by updating the date at the top of this page, and by maintaining a current version of these Terms. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.

10. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, terminate or deny access to and use of our Services to any individual or entity for any reason.

If you wish to terminate the Agreement or your Salesfluence account, you may simply discontinue using our Services, or you can delete your account. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimer of Warranties

Our Services are provided "as is." Salesfluence and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Salesfluence, nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

12. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of India, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the courts located in Bengaluru, Karnataka, India.

13. Limitation of Liability

In no event will Salesfluence, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Salesfluence under the Agreement during the twelve (12) month period prior to the cause of action. Salesfluence shall have no liability for any failure or delay due to matters beyond its reasonable control.

14. Indemnification

You agree to indemnify and hold harmless Salesfluence, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services.

15. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Salesfluence and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement.

A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Salesfluence may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.