Terms of Service

Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and our company ("we", "us", or "our") governing your access to and use of our web application platform designed to help businesses discover, engage, and convert new customers through real-time monitoring of online conversations ("Service").

By creating an account, accessing our Service, or by clicking "I Accept" or "I Agree" buttons, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which are incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Service.

These Terms apply to all visitors, users, and others who access or use the Service. You represent and warrant that you have the legal capacity to enter into this agreement and that you are at least 18 years of age or have reached the age of majority in your jurisdiction.

Definitions

Service refers to our comprehensive web application platform that enables businesses to monitor online conversations across various digital channels, identify potential customers, engage and convert through intelligent conversation tracking and analysis tools, including all associated features, functionality, and content.

Account means the unique account created for you to access our Service, which includes your profile information, preferences, usage history, and subscription details.

User Content refers to any data, information, text, or other materials you submit, upload, or transmit through the Service.

Subscription means your paid access to the Service for a specified period, billed on a recurring basis according to the plan you select.

Intellectual Property includes all patents, trademarks, service marks, copyrights, trade secrets, proprietary information, technology, and other intellectual property rights associated with the Service.

Account Registration and Security

Account Creation

To access our Service, you must create an account by providing accurate, complete, and current information. You agree to provide truthful information during registration and to keep your account information up to date at all times. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Eligibility

You must be at least 14 years old and capable of forming a binding contract to create an account. By creating an account, you represent and warrant that all information you provide is accurate and that you have the authority to bind any organization you represent to these Terms. Accounts registered by automated means or with false information are strictly prohibited and will be terminated immediately.

Account Security

You are responsible for safeguarding your account and must notify us immediately of any unauthorized access or security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials. You agree not to share your account with others or allow unauthorized access to your account.

One Account Per User

Each user is permitted one account. Creating multiple accounts to circumvent subscription limits, access restrictions, or for any fraudulent purpose is strictly prohibited and may result in immediate termination of all associated accounts.

Subscription Plans and Billing

Subscription Access

Our Service is provided on a subscription basis. Upon successful payment processing, your access to the Service begins immediately. We do not offer free trials or a free plan. By subscribing, you acknowledge that you will have immediate access to the Service and that your subscription will renew automatically unless you cancel prior to the renewal date.

Payment Processing

All payments are processed securely through Polar, our third-party payment processor. By subscribing to our Service, you authorize us to charge your designated payment method for the subscription fees at the beginning of each billing period. You agree to provide current, complete, and accurate billing information and to promptly update this information if it changes.

Automatic Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annually, depending on your selected plan) unless you cancel before the renewal date. You will be charged the then-current subscription rate for your plan. We reserve the right to change subscription prices with at least 30 days' notice prior to your next billing cycle.

Billing Disputes

If you believe you have been incorrectly billed, you must contact us within 30 days of the charge appearing on your billing statement. We will investigate all billing disputes in good faith and work to resolve them promptly. Failure to notify us of a billing error within 30 days constitutes your acceptance of the charge.

Service Description and Limitations

Nature of Service

Our Service provides tools to monitor online conversations, identify potential customers, and facilitate engagement opportunities. We aggregate and analyze publicly available information from various online sources to help you discover relevant business opportunities. The Service is designed as a discovery and monitoring tool to assist your marketing and customer acquisition efforts.

No Guarantee of Results

IMPORTANT: We do not guarantee specific results, customer acquisition, sales, revenue, or any particular outcome from using our Service. Success depends on numerous factors outside our control, including but not limited to: the quality and demand for your products or services, your engagement strategies, market conditions, competitive landscape, timing, and your business's overall value proposition.

We provide tools to help you identify opportunities; we do not create customers for you. If your product or service lacks market demand or does not solve a real problem for potential customers, our Service cannot create demand where none exists. Your success using our Service depends entirely on your ability to engage effectively with identified opportunities and deliver value to potential customers.

Service Availability

While we strive to provide continuous, uninterrupted access to our Service, we do not guarantee that the Service will be available at all times or that it will be error-free. We may experience downtime for maintenance, updates, or due to factors beyond our control. We are not liable for any loss or inconvenience resulting from service interruptions.

Data Accuracy

We make reasonable efforts to provide accurate information, but we do not warrant the accuracy, completeness, or timeliness of any data or insights provided through the Service. Online conversations and data sources may contain errors, outdated information, or may be removed or modified by their original publishers. You are responsible for verifying any information before taking action based on it.

Acceptable Use Policy

Permitted Use

You may use our Service solely for lawful business purposes in accordance with these Terms. You agree to use the Service in a professional, ethical manner and to comply with all applicable laws and regulations, including data protection laws, anti-spam regulations, and intellectual property laws.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service to harass, abuse, threaten, or intimidate any person
• Sending unsolicited commercial messages (spam) to individuals identified through the Service
• Impersonating another person or entity or falsely representing your affiliation
• Attempting to gain unauthorized access to the Service or other users' accounts
• Using automated tools, bots, or scripts to access or interact with the Service
• Attempting to reverse engineer, decompile, or extract the source code of the Service
• Removing, obscuring, or altering any proprietary notices on the Service
• Interfering with or disrupting the Service or servers or networks connected to the Service
• Using the Service to collect information for creating competing products or services
• Violating any applicable local, state, national, or international law
• Sharing your account credentials with others or creating accounts on behalf of others
• Using the Service to distribute malware, viruses, or other harmful code

Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including suspending or terminating accounts, removing content, and reporting violations to law enforcement authorities. We may also pursue legal action to recover damages and enforce these Terms.

Intellectual Property Rights

Our Intellectual Property

The Service and all of its content, features, functionality, technology, software, and visual interfaces are owned by us or our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to: software code, algorithms, designs, graphics, logos, text, photographs, audio, video, and compilation of user-generated content.

Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes. This license does not include any rights to: (a) resell or make commercial use of the Service; (b) modify or create derivative works based on the Service; (c) download or copy any content except as expressly permitted; or (d) use any data mining, robots, or similar data gathering tools.

Your Content

You retain all ownership rights in any content you submit to the Service. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content solely for the purpose of providing and improving the Service. This license terminates when you delete your content or account, except for content that has been shared with others or is necessary for us to maintain backups or comply with legal obligations.

Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you agree that we may use this feedback without any obligation to compensate you and that we own all rights to any improvements or new features that result from your feedback.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your information as described therein.

You are responsible for ensuring that your use of the Service complies with all applicable data protection laws, including obtaining necessary consents from individuals whose data you may collect or process through your use of the Service. You agree to indemnify us against any claims arising from your failure to comply with data protection requirements.

We implement industry-standard security measures to protect your data, but you acknowledge that no method of transmission or storage is completely secure. We cannot guarantee absolute security of your data and are not liable for unauthorized access that occurs despite our reasonable security measures.

Account Suspension and Termination

Termination by You

You may terminate your account at any time by accessing your account settings or by contacting us. Upon termination, your access to the Service will cease, but you will remain responsible for any charges incurred prior to termination.

Termination by Us

We reserve the right to suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) failure to pay subscription fees; (d) prolonged inactivity; or (e) if we cease offering the Service. We may also terminate or suspend access to the Service without reason or notice, though we will generally provide advance notice when reasonably possible.

Effect of Termination

Upon termination of your account, your right to access and use the Service immediately ceases. We may delete your account data, including all User Content, within a reasonable period following termination. We are not obligated to retain, store, or provide copies of your data after termination, so you should export any important data before terminating your account.

Survival

The following sections survive termination of these Terms: payment obligations for charges incurred prior to termination, intellectual property provisions, limitation of liability, indemnification obligations, dispute resolution provisions, and any other provisions that by their nature should survive termination.

Disclaimers and Warranties

As-Is Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Warranty of Results

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS WILL BE CORRECTED. WE MAKE NO GUARANTEES REGARDING CUSTOMER ACQUISITION, SALES, REVENUE, OR ANY BUSINESS OUTCOMES.

Third-Party Content

The Service may provide access to content from third-party sources. We do not control, endorse, or assume responsibility for any third-party content. Your interactions with third parties found through the Service are solely between you and such third parties, and we are not liable for any loss or damage resulting from such interactions.

Internet Transmission

We are not responsible for delays, failures, or problems inherent in the use of the internet and electronic communications. We cannot guarantee that the Service will be available at all times or that transmissions will be secure or error-free.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Loss of business opportunities, customers, or revenue
• Failure to achieve expected results from using the Service
• Any other matter relating to the Service

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless our company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of another person or entity
• Your use or misuse of the Service
• Your User Content or any content you submit through the Service
• Your breach of any representations or warranties made in these Terms
• Any claim that your use of the Service caused damage to a third party

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification obligation will survive termination of these Terms and your use of the Service.

Dispute Resolution and Governing Law

These Terms are governed by the laws of the jurisdiction where SalesHog is incorporated, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration or in the courts of our jurisdiction.

Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of these Terms and, for material changes, we will provide additional notice through email or a prominent announcement on our Service at least 30 days before the changes take effect.

Your continued use of the Service after any modifications to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account. It is your responsibility to review these Terms periodically for changes.

We may also update the Service itself from time to time, including adding or removing features, changing functionality, or improving performance. We are not obligated to provide any specific features or maintain any particular functionality, and we may discontinue the Service at any time with reasonable notice.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.

Assignment

You may not assign or transfer these Terms or any rights granted hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this provision is void.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Relationship of Parties

Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and us. Neither party has the authority to bind the other or to incur obligations on behalf of the other without prior written consent.

Third-Party Rights

These Terms do not confer any third-party beneficiary rights. Only you and we may enforce these Terms.

Contact Information

We are committed to addressing your questions promptly and transparently. When contacting us about legal matters or terms-related inquiries, please provide sufficient detail about your question or concern to help us respond effectively and accurately.

For privacy-related matters, please review our Privacy Policy or our Refund Policy.

Acknowledgment and Agreement

By using our Service, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. You further acknowledge that these Terms, together with our Privacy Policy, represent the complete and exclusive statement of the agreement between you and us regarding the Service.

You specifically acknowledge and agree to the following key provisions:

• We do not offer free trials, and your access to the Service begins immediately upon subscription
• We do not guarantee specific results, customer acquisition, sales, or revenue from using the Service
• We do not create customers or demand for your products or services; we only provide tools to help you identify opportunities
• Your subscription will automatically renew unless you cancel before the renewal date
• We may modify these Terms with notice, and your continued use constitutes acceptance
• You are responsible for your use of the Service and compliance with all applicable laws
• Our liability is limited as set forth in these Terms

If you do not agree to these Terms, you must immediately cease using the Service and may not create or maintain an account with us.