Terms and Conditions

Welcome to SmartMetrics ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our agency management platform and related services, including client proposal management, payment processing, subscription management, booking widgets, client portals, and related business management tools (collectively, the "Services").

By accessing or using our Services, creating an account, or making a payment, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Services.

2.1 Agency Management Platform

• Client Management: Manage client relationships, contacts, and project information
• Proposal Creation: Create, customize, and share client proposals with pricing and service details
• Contract Management: Generate and manage contracts for one-time projects and recurring services
• Payment Processing: Accept payments via Stripe for one-time projects and recurring subscriptions
• Client Portals: Provide clients with access to proposals, contracts, shared files, and project information
• Booking Widgets: Enable clients to schedule meetings and consultations
• Team Collaboration: Manage team members, assign tasks, and track project progress
• Subscription Management: Manage agency subscription plans with monthly or annual billing

2.2 Payment and Billing Services

• Stripe Integration: Secure payment processing for one-time and recurring payments
• Subscription Billing: Automated monthly or annual subscription billing for agency plans
• One-Time Payments: Payment processing for individual projects and services
• Payment Security: All payments are processed securely through Stripe's payment infrastructure

To access our Services, you must create an account by providing your email address and creating a password, or by signing in with Google OAuth. You may also use our magic link authentication feature. You agree to:

• Provide accurate, complete, and current information during registration
• Maintain the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use or security breach
• Ensuring your contact information remains current and accurate
• Using a strong password (minimum 8 characters) and keeping it secure
• Not sharing your account credentials with third parties

You are responsible for maintaining the security of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.1 Agency Subscription Plans

Our Services operate on subscription-based pricing. Agency plans are available with monthly or annual billing intervals. Annual plans are offered at a discounted rate (typically 20% off monthly pricing). Subscription plans include limits on the number of team members (seats) and clients you can manage.

4.2 Payment Processing

All payments are processed securely through Stripe, a third-party payment processor. By making a payment, you agree to Stripe's terms of service. We accept major credit cards and other payment methods supported by Stripe. Payment information is encrypted and stored securely by Stripe, not by SmartMetrics.

4.3 Billing and Payment Terms

• Subscription Billing: Agency subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing interval.
• One-Time Payments: Payments for individual projects or services are charged immediately upon completion of the payment process.
• Recurring Payments: For recurring service subscriptions, payments are automatically charged on a monthly basis until cancelled.
• Payment Authorization: By providing payment information, you authorize us to charge the payment method for all fees associated with your account.
• Failed Payments: If a payment fails, we may suspend your account until payment is successfully processed. You are responsible for ensuring your payment method remains valid.
• Price Changes: We reserve the right to modify pricing with 30 days' notice. Your existing subscription will continue at the current rate until the next billing cycle.

4.4 Refunds and Cancellations

• Subscription Cancellations: You may cancel your subscription at any time through your account dashboard. Cancellations take effect at the end of the current billing period. No refunds are provided for partial billing periods except as required by law.
• One-Time Payments: Refunds for one-time project payments are handled on a case-by-case basis. Contact support@smartmetrics.com to request a refund.
• Chargebacks: If you dispute a charge through your payment provider, we may suspend your account until the dispute is resolved.
• Refund Processing: Approved refunds will be processed to the original payment method within 5-10 business days.

4.5 Service Limits

Service limits vary by subscription plan and include restrictions on the number of team members, clients, proposals, and other features. Current limits are detailed in your account dashboard and plan description. Exceeding plan limits may require upgrading to a higher tier plan.

You agree not to use our Services for:

• Any unlawful purpose or in violation of any laws
• Spam, phishing, or other malicious activities
• Scraping or harvesting data without permission
• Attempting to gain unauthorized access to our systems
• Interfering with or disrupting our Services
• Reverse engineering or attempting to extract our algorithms
• Reselling our Services without written permission
• Violating any third-party rights or privacy
• Sharing SmartMetrics Alerts subscription access with unauthorized users
• Using false or misleading information in white-label services
• Circumventing service limits or usage restrictions

6.1 Data Processing

We process data in accordance with our Privacy Policy. By using our Services, you consent to the collection, processing, and storage of data as described therein.

6.2 Data Retention

We retain API request data for analytics and service improvement purposes. Personal data is retained in accordance with applicable privacy laws and our data retention policy.

6.3 Third-Party Integrations

Our Services integrate with third-party platforms including Google Analytics, Google Ads, Meta, LinkedIn, and other marketing platforms. We are not responsible for the availability, accuracy, or policies of these third-party services. You are responsible for maintaining valid access to integrated platforms.

6.4 Data Accuracy

While we strive to provide accurate insights and recommendations, SmartMetrics Alerts are based on automated analysis and may not capture all relevant factors. You should verify important information and use alerts as guidance rather than definitive business decisions.

We strive to maintain high service availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

We reserve the right to perform maintenance, updates, and improvements that may temporarily affect service availability.

8.1 Our Rights

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay fees when due
• Abuse our Services or infrastructure
• Pose a security risk to our systems or other users

8.2 API Key Revocation

We reserve the right to revoke API keys at any time for violations of these Terms, security concerns, or at our sole discretion. Revoked keys will immediately cease to function.

8.3 Subscription Cancellation

Subscriptions can be cancelled at any time through your account dashboard or by contacting support. Cancellations take effect at the end of the current billing period. You will continue to have access to paid features until the end of your billing period. No refunds are provided for partial billing periods except as required by law.

8.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. You will continue to have access to your account and data until the end of your paid billing period (for subscriptions) or until account deletion is completed. We may delete your account data after a reasonable period (typically 30-90 days), subject to legal requirements and our data retention policy. You are responsible for exporting any data you wish to retain before account deletion.

The Services and all content, features, and functionality are owned by SmartMetrics and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Services without our written permission.

10.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

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

10.3 Maximum Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

You agree to indemnify and hold harmless SmartMetrics from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

These Terms are governed by the laws of [Your Jurisdiction]. Any disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization].

We may modify these Terms at any time. We will notify users of material changes via email or through our Services. Continued use after changes constitutes acceptance of the new Terms.

If you have questions about these Terms, please contact us at:

• Email: support@smartmetrics.com

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.