Terms of Service

By accessing or using SMVue, you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you are using SMVue on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

SMVue is an AI-powered sales management platform that helps sales teams:

• Track and manage 1:1 meetings with sales representatives
• Record meeting notes, action items, and follow-ups
• Monitor deals and sales pipeline progress
• Generate AI-powered insights and recommendations
• Integrate with calendars (Google, Microsoft) and CRMs (HubSpot)
• Access learning resources and coaching materials

3.1 Account Creation

• You must provide accurate and complete registration information
• You must be at least 18 years old to use the Service
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access to your account

3.2 Account Responsibilities

• You are responsible for all activity that occurs under your account
• You may not share your account credentials with others
• You may not create multiple accounts to circumvent usage limits or restrictions

4.1 Plans and Pricing

SMVue offers various subscription plans, including a free tier and paid plans with additional features. Current pricing is available on our pricing page.

4.2 Billing

• Paid subscriptions are billed in advance on a monthly or annual basis
• All fees are exclusive of taxes, which will be added where applicable
• Payment is processed by Stripe; you agree to Stripe's terms of service

4.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least 30 days before the renewal date. You can cancel your subscription through your account settings.

4.4 Refunds

We offer a 14-day money-back guarantee for new paid subscriptions. After 14 days, fees are non-refundable except where required by law. Refund requests should be sent to billing@smvue.com.

4.5 Price Changes

We may change our prices with 30 days' notice. Price changes will not affect your current subscription term but will apply upon renewal.

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Service
• Engage in automated data collection (scraping) without our consent
• Use the Service for any illegal, harmful, or fraudulent purpose
• Store or transmit content that is defamatory, harassing, or discriminatory
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without our written authorization

6.1 Your Content

"Customer Content" means any data, text, files, or other materials you upload, submit, or create using the Service. You retain all ownership rights to your Customer Content.

6.2 License Grant

By submitting Customer Content, you grant SMVue a worldwide, non-exclusive, royalty-free license to use, process, and display your Customer Content solely for the purpose of providing and improving the Service.

6.3 Content Restrictions

You agree not to upload Customer Content that:

• You do not have the right to share
• Is illegal, harmful, or violates third-party rights
• Contains sensitive personal data without proper authorization
• Violates any applicable laws or regulations

6.4 Content Responsibility

You are solely responsible for your Customer Content and the consequences of uploading it. We do not endorse or guarantee the accuracy of any Customer Content.

7.1 SMVue Property

The Service, including its design, features, code, documentation, and trademarks, is owned by SMVue and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except as expressly stated.

7.2 Feedback

If you provide feedback or suggestions about the Service, we may use them without obligation to you.

When you use SMVue to process personal data of your team members, customers, or other individuals, you act as the data controller and SMVue acts as a data processor under GDPR and similar laws.

8.1 Processing Instructions

We will only process personal data according to your documented instructions and as necessary to provide the Service.

8.2 Security Measures

We implement appropriate technical and organizational measures to protect personal data, including encryption, access controls, and regular security assessments.

8.3 Sub-processors

We use sub-processors to help provide the Service. A current list is available in our Privacy Policy. We will notify you of any changes to sub-processors.

8.4 Data Subject Requests

We will assist you in responding to data subject requests (access, deletion, portability, etc.) through our platform features and support.

9.1 Uptime Commitment

We commit to 99.5% uptime for the Service, measured monthly. Scheduled maintenance windows are excluded from uptime calculations.

9.2 Service Credits

If we fail to meet our uptime commitment, you may be eligible for service credits upon request:

• 99.0% - 99.5% uptime: 10% credit
• 95.0% - 99.0% uptime: 25% credit
• Below 95.0% uptime: 50% credit

Credits are applied to future invoices and do not exceed your monthly fee.

9.3 Support

We provide support via email during business hours. Response times vary by plan tier and issue severity.

10.1 Disclaimer of Warranties

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

10.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMVUE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

10.3 Liability Cap

SMVUE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO SMVUE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.4 Exceptions

These limitations do not apply to liability arising from our gross negligence, willful misconduct, or breach of our data protection obligations.

You agree to indemnify, defend, and hold harmless SMVue and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your Customer Content
• Your violation of these Terms
• Your violation of any third-party rights

12.1 Termination by You

You may cancel your subscription and close your account at any time through your account settings. Upon cancellation:

• Your access will continue until the end of your current billing period
• You can export your data for 30 days after termination
• Your data will be deleted after 30 days unless legally required to retain

12.2 Termination by SMVue

We may suspend or terminate your access if:

• You breach these Terms
• Your payment fails and is not resolved within 14 days
• We are required to do so by law
• We discontinue the Service (with at least 90 days' notice and pro-rated refund)

12.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Sections that by their nature should survive termination will survive, including Intellectual Property, Limitation of Liability, and Dispute Resolution.

13.1 AI-Generated Content

SMVue uses AI to generate summaries, insights, and recommendations. AI outputs are provided for informational purposes and should not be considered professional advice.

13.2 Accuracy

AI features may produce inaccurate or incomplete results. You are responsible for reviewing and verifying AI-generated content before relying on it.

13.3 AI Data Processing

Your data may be processed by third-party AI providers (OpenAI, Anthropic, Google) to provide AI features. These providers operate under data processing agreements and do not use your data to train their models.

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a formal dispute, you agree to try to resolve it informally by contacting us at legal@smvue.com. We will try to resolve the dispute within 30 days.

14.3 Arbitration

If informal resolution fails, any dispute will be resolved by binding arbitration under the rules of the American Arbitration Association. Arbitration will take place in Delaware or remotely via video conference.

14.4 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

14.5 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent irreparable harm.

We may modify these Terms at any time. We will notify you of material changes by email and by posting a notice on our website at least 30 days before the changes take effect.

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

16.1 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and SMVue regarding the Service.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

Neither party will be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, acts of government, or internet outages.

For questions about these Terms, please contact us:

• Email: legal@smvue.com
• Address: SMVue, Inc.