SaleSmartly Service Agreement

Update date: May 16th, 2025

Welcome to SaleSmartly products and services. This Service Agreement applies to all products and services provided by SaleSmartly Service Provider (“We”, “Us”or “Our”) through websites, software clients, and any new formats emerging with technological advancements. Please read this Agreement carefully and ensure that you fully understand its terms, especially those clauses which exclude or limit our liability. You should decide whether to accept the Agreement based on such understanding.

Provisions that exclude or limit liability may be highlighted in bold to draw your attention. Unless and until you have read and accepted all the terms of this Agreement, you must not download, install, or use this software and related services. By clicking “Agree,” or by downloading, installing, accessing, or otherwise using this software and related services, you are deemed to have read and agreed to be bound by this Agreement.

You legally agree that these terms hereunder are binding rules ("Terms"). You also agree that our privacy policy, cookie policy, payment verification policy, refund agreement, automatic renewal agreement and other policies announced by SaleSmartly from time to time constitute part of this agreement. We may change these terms from time to time. If we do so, we will notify you of any significant changes by posting on the website or sending you an email. If you continue to use the SaleSmartly software and services after the changes, it means that you accept the new terms. We reserve any and all rights not expressly granted in this Agreement, including but not limited to any and all rights in the SaleSmartly system.

Violation of any of the following terms will result in termination of your account. You agree to use the SaleSmartly Software at your own risk.

If you have signed an agreement with us related to this service before or after signing and accepting this Agreement (hereinafter referred to as the "offline agreement") and the offline agreement is still valid, if there is a conflict between the offline agreement and the provisions of this agreement, the provisions of the offline agreement shall prevail; if the offline agreement does not involve any content, the provisions of this agreement shall prevail.

1.Account Terms

You must be at least 18 years of age to register for a SaleSmartly account, or you must be old enough to enter into a binding contract at your location. If you are under 18 years of age, you may not use the SaleSmartly software without the consent of a parent or guardian.

You will need to register to use SaleSmartly, select an account name and set a password. Your information will be collected and disclosed in accordance with applicable data protection laws and our Privacy Policy. All users are required to provide true and accurate information when registering for our site or services, and please do not use invalid or other people's emails, as this will reduce the security of your account.

We reserve the right to verify all user information and to reject any user. You are responsible for all activity in your account and for maintaining the confidentiality of your password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. SaleSmartly is not responsible for any damages caused to you by someone else using your password or account with or without your knowledge. If you discover that someone has used your account without your permission, it should then be reported to support@SaleSmartly.com

You may not use the Salesmartly Software and Service for any illegal or unauthorized purpose. You may not use the Software in a manner that violates any laws of your jurisdiction and its legal provisions.

You agree that SaleSmartly may send you advertising, promotional or publicity information (including commercial and non-commercial information) by itself or through third-party advertisers in the process of providing services through various means such as SMS, email or electronic messages. You agree that you should carefully judge the authenticity and reliability of the advertising information that appears in the SaleSmartly Service, and you shall be responsible for transactions based on the advertising information unless otherwise expressly provided by applicable law.

2.Prohibited Actions

You shall comply with the provisions of any applicable laws and regulations and shall not use SaleSmartly's services and accounts to commit acts including, but not limited to, the following, or to facilitate the following acts.

(1) endangering national security, divulging state secrets, subverting state power, undermining national unity, or harming national honor and interests

(2) Promoting evil cults and feudal superstitions

(3) spreading rumors, disturbing social order and destabilizing society

(4) Disseminating obscenity, pornography, gambling, violence, murder, terror, harassment, vulgarity or abetting crime

(5) Insulting or defaming others and infringing on their legitimate rights and interests

(6) infringement of others' intellectual property rights, trade secrets and other legitimate rights

(7) falsifying facts or concealing the truth in order to mislead or deceive others

(8) The implementation of illegal Internet activities such as gambling and gambling games

(9) Do not take any measures that will impose an unreasonable burden on our infrastructure or third-party providers;

(10)Other acts that violate public order and morality or are prohibited by laws and regulations.

You promise that you will not use any type of software or device (whether manual or automatic) to "crawl" or "spider" any part of SaleSmartly, nor will you disassemble or reverse engineer any of SaleSmartly's content. You further agree not to harm or interfere with SaleSmartly or the rights and interests of SaleSmartly’s users through malicious attacks, harmful components, or any other means.

You understand and agree that if you commit any of the prohibited acts in this Agreement, or use the SaleSmartly Software and Services for any unlawful or unauthorized purpose, or otherwise violate this Agreement, SaleSmartly reserves the right, in its reasonable discretion, to impose penalties for violations of applicable laws and regulations or the provisions of this Agreement, and to take appropriate legal action against any user who violates such laws and regulations. You shall be solely responsible for any and all legal liability arising therefrom.

You understand and agree that you shall be solely responsible for any claims, demands or losses asserted by a third party as a result of or arising out of your violation of the provisions of this Agreement or the relevant Terms of Service, and that you shall also be liable for any losses suffered by SaleSmartly as a result. If SaleSmartly has first assumed the relevant liability as a result of a valid judgment, award, etc., SaleSmartly shall be entitled to recover the full amount from you.

3.Fee Terms

3.1Pricing and Payment

Please refer to our Payment Policy for information on the pricing and current offers for all our services. Certain features of SaleSmartly are free to use, while others are available only on a paid basis. By agreeing to our Payment Policy and subscribing to specific features, you agree to pay the applicable fees for those features. All service fees (including but not limited to monthly subscription fees for the software) are subject to change. Any pricing changes will be posted on https://www.salesmartly.com/pricing/ or announced within the software. We reserve the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice. SaleSmartly shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Service.

3.2Trial Subscriptions

We may offer a free trial subscription of SaleSmartly to each newly registered user, enabling access to selected premium features for a limited time as specified in the applicable promotion at the time of your selection.

By opting into a free trial subscription, you agree that upon the expiration of the trial period, your subscription will automatically convert to a paid version of the applicable plan, and the applicable fee will be automatically charged to your payment account.

You agree that we reserve the right to modify or terminate any free trial offer, restrict access during the trial period, or limit a user’s ability to activate multiple concurrent trial subscriptions, in each case without prior notice or any liability.

3.3Paid Subscriptions and Auto-Renewal

Users may opt to subscribe to SaleSmartly’s premium features for a fee and agree to enable auto-renewal of such subscriptions. You hereby authorize us to automatically charge the applicable renewal fee to your payment account before the current subscription period expires, unless you cancel the subscription prior to renewal. To cancel, you must follow the procedures outlined in the Auto-Renewal Agreement before the current subscription cycle ends.

To the extent permitted by law, we may revise the subscription pricing and will notify users through our official website at https://www.salesmartly.com/pricing/. If you do not agree with the new pricing, you may cancel the auto-renewal in accordance with the Auto-Renewal Agreement before the new price takes effect. Unless otherwise specified, the auto-renewal price will not exceed the price of the previous subscription cycle (excluding promotional discounts).

4.Refund Policy

SaleSmartly offers prepaid subscription plans. We do not offer refunds for any paid services. All payments are final and non-refundable. This includes, but is not limited to, partial-month usage, service upgrades or downgrades, and unused periods for active accounts. Please pay particular attention to the following terms:

(1)In accordance with applicable laws and regulations, you acknowledge and agree that SaleSmartly provides computer software systems and cloud-based services. Once you have accessed the SaleSmartly backend interface, created a cloud phone, and purchased an instance, your purchase is non-refundable.

(2)You should fully understand the features and application scenarios of SaleSmartly prior to making any purchase. To support this, our official website and Help Center provide comprehensive, detailed, and clearly structured usage guides and onboarding materials to assist you in understanding our services before purchase.

(3)You have the right to choose the specific content and quantity of SaleSmartly services based on your needs. Upon purchase—whether online, offline, or through other confirmed means—you will gain access to the corresponding SaleSmartly services. SaleSmartly will deliver the services in accordance with your selected scope and volume.

(4)You are responsible for reviewing the service content and selecting the services that match your needs with due care. The specific services and fees are subject to the latest official information released by SaleSmartly. We may revise our service fees and pricing models as necessary.

(5)If you have any concerns or disputes regarding an order, please contact our online customer service or email us at support@SaleSmartly.com for assistance.

5.Terms and Termination

This Agreement will commence upon your acceptance of these Terms of Use and will remain in effect indefinitely until terminated by either party. SaleSmartly reserves the right to suspend or terminate your account at any time as provided herein or as required by law, and such termination of service will result in the deactivation or deletion of your account or your access to it, and the forfeiture and abandonment of all content in it. SaleSmartly reserves the right to refuse service to anyone at any time.

We may, in our sole discretion, modify, limit, suspend or terminate your access to or use of our Services at any time, particularly if you violate the terms of the Agreement or the law or cause injury, risk or possible legal exposure to us, our users or others. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply stop using the Service.

We may also, in our sole discretion, partially restrict your use of the Services. In particular, this includes our right to prohibit you from accessing our technical support, especially if you misuse our support.

6.Intellectual Property Rights

All content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video, and all permutations of the foregoing in the SaleSmartly software or products are the exclusive property of SaleSmartly or its respective content providers and are protected by applicable copyright laws. The Software and all software used on the Site is the property of SaleSmartly or its respective software suppliers and is protected by applicable copyright laws and other relevant laws and treaties. Users of the Software may not send/upload any content to the Site that infringes the copyright or other intellectual property rights of others.

All trademarks, service marks and trade names (collectively, the "Marks") used in connection with SaleSmartly's software or products are the exclusive property of SaleSmartly. Such Marks may not be used in connection with any product or service that is not SaleSmartly's, or any other product or service that causes confusion among consumers or in any manner that disparages or discredits SaleSmartly.

7.Confidentiality and Feedback

We value your privacy and our Privacy Policy has been posted accordingly, please review our Privacy Policy so you are aware of our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Site or Services, you consent to all measures we take with respect to your information in accordance with the Privacy Policy.

You agree to keep confidential information confidential and not to use it to perform this Agreement or disclose to third parties SaleSmartly confidential information that you know. To the extent you provide us with any suggestions, information, ideas or feedback regarding any SaleSmartly Software or Services, including but not limited to documentation of any error reports that you discover while using the Software or related Services ("Feedback"), such Feedback will remain the property of Company. You agree to assign to SaleSmartly all right, title and interest in and to the intellectual property rights related to the Feedback on a worldwide basis, and agree to assist us in perfecting and enforcing such rights.

8.Disclaimer

We recommend that you back up your data frequently. You should always be responsible for mitigating damages. this software is not fault tolerant and is not designed or intended for use in any hazardous environment where security performance or operation is required. SaleSmartly does not warrant that the site or product containing the services will be error-free or uninterrupted, or that the site or services or servers will be free from any harmful components. saleSmartly makes no representations or warranties that the services provided are accurate, complete or useful. SaleSmartly does not warrant that your use of the Site or the Services will be lawful in any particular jurisdiction, and we specifically disclaim any such warranties.All users who use, test, or evaluate SaleSmartly shall do so at their own risk with respect to the quality and performance of SaleSmartly. We shall not be liable for any form of damages, including but not limited to direct or indirect damages arising from the use, operation, or delivery of SaleSmartly, even if SaleSmartly has been advised of the possibility of such damages.

We will not be involved in any dispute between users or between users and any third party regarding use of the Services. When you use the Services, you release SaleSmartly from any claims and demands (known or unknown, suspected or accidental, disclosed or undisclosed) relating to such disputes and the Services. you are solely responsible for any results incurred as a result of your use of the SaleSmartly Site or Services, and you are solely responsible for any damages or losses incurred by any party as a result of your conduct.

Anyone using, testing or evaluating SaleSmartly assumes the entire risk for the quality and performance of SaleSmartly. We shall not be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance or delivery of SaleSmartly, even if SaleSmartly has been advised of the existence or possibility of such damages.

Some countries (regions) do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will our liability exceed the purchase price you paid for SaleSmartly. The above disclaimers and limitations apply whether or not you accept to use, evaluate or test SaleSmartly.

9.Third Party Services

Our Services may contain links to other websites, applications, content, products and services operated by unrelated companies and individuals ("Third Party Sites"). These links are provided for your information only. The inclusion of any link to a Third Party Site on the Services does not imply that we are in any way responsible for that Third Party Site, its content or use, or the use of any features, products and/or services offered through that Third Party Site Third Party Sites.

We have no control over the Third Party Sites or any information or materials contained therein, and have not investigated, monitored or checked any Third Party Sites for accuracy, completeness or compliance with applicable laws and regulations. We will not be liable for any damage caused by, or resulting from, your use of or reliance on the Third Party Sites or any information or materials contained therein. Your access to and use of third party websites is at your own risk. It is your responsibility to review the terms and conditions and privacy policy of each website you visit.

10.Intellectual Property Rights

Ownership of Content and Software

All content, designs, text, graphics, images, logos, buttons, icons, interfaces, audio/video materials, and their arrangements (collectively, "Content") on SaleSmartly ’s website or products are the exclusive property of SaleSmartly or its respective content providers, protected under applicable copyright laws and other intellectual property regulations. All software used on the website is the property of SaleSmartly or its software suppliers, safeguarded by applicable copyright laws, treaties, and related legislation. Users shall not upload/post any content that infringes others' copyrights or intellectual property rights.

11.Trademarks and Branding

All trademarks, service marks, and trade names (collectively, "Marks") displayed on SaleSmartly ’s website or products are owned exclusively by SaleSmartly . These Marks may not be used:

(a) In connection with any non-SaleSmartly product/service;

(b) In any manner likely to cause confusion among users;

12.Choice of Law and Jurisdiction

This agreement is governed by the laws of Singapore without reference to its conflict of laws principles. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the Arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. The law governing this arbitration agreement shall be the laws of Singapore.

The arbitration award is final and binding on both parties.

13.Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose your personal data.

14.Feedback

SaleSmartly owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as ”Feedback”) about SaleSmartly or SaleSmartly Services that you provide through email, SaleSmartly Services, or other ways. You hereby transfer all rights, ownership, and interests of the Feedback and all related intellectual property rights to SaleSmartly . You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback. If the user wants to be paid for the feedback you provide or wants to continue to own or claim rights, then please do not send us feedback.

15.Contacts

If you have questions regarding this Agreement, please feel free to contact SaleSmartly for clarification via our Customer Support team at support@SaleSmartly. com.

16.Change of this Terms

SaleSmartly reserves the right to change the terms of service at any time. We encourage users to check this page frequently to keep abreast of the latest regulations. You acknowledge and agree that it is your responsibility to review this Agreement regularly and be aware of changes.