Terms of Use
Last updated: January 2025
1. Agreement to Terms
These Terms of Use ("Terms") constitute a legally binding agreement between you and Smartyn Ltd ("Smartyn", "we", "us", or "our") governing your access to and use of the smartyn.net website and our services.
By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.
2. Description of Services
Smartyn provides a real-time sales execution guidance platform for B2B sales teams. Our services include:
- Real-time in-call guidance and suggestions
- Knowledge base integration and surfacing
- Sales playbook guidance
- Deal memory and context tracking
- Related analytics and reporting features
3. Account Registration
To access certain features of our services, you may need to register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorised use of your account
4. Acceptable Use
You agree not to use our services to:
- Violate any applicable laws or regulations
- Infringe upon the intellectual property rights of others
- Transmit any harmful, offensive, or illegal content
- Interfere with or disrupt the integrity or performance of our services
- Attempt to gain unauthorised access to our systems or networks
- Use automated means to access or scrape our services without permission
- Impersonate any person or entity
- Engage in any fraudulent or deceptive practices
5. Intellectual Property
Our services and their entire contents, features, and functionality are owned by Smartyn Ltd and are protected by copyright, trademark, patent, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable licence to access and use our services for their intended purpose, subject to these Terms.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our services without our prior written consent.
6. User Content
You retain ownership of any content you submit to our services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, and display such content solely for the purpose of providing our services to you.
You represent and warrant that you own or have the necessary rights to all content you submit and that such content does not violate any third-party rights.
7. Payment Terms
If you subscribe to our paid services:
- You agree to pay all fees associated with your subscription
- Fees are billed in advance on a subscription basis
- You authorise us to charge your payment method for all applicable fees
- All fees are non-refundable except as expressly stated
- We reserve the right to change our fees upon reasonable notice
8. Termination
We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
Upon termination, your right to use our services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
9. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We do not warrant that our services will be uninterrupted, secure, or error-free. We do not guarantee any specific results from the use of our services.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTYN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability for any claims arising out of or relating to these Terms or your use of our services shall not exceed the amount you have paid to us in the twelve months prior to the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless Smartyn and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses arising out of or relating to your violation of these Terms or your use of our services.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts of England and Wales.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our services after such modifications constitutes your acceptance of the revised Terms.
14. Contact Information
For any questions about these Terms, please contact us at:
Smartyn Ltd
Registered in England and Wales
Email: legal@smartyn.net
Website: smartyn.net