These Terms & Conditions (“Terms”) govern access to and use of the SmartDesk websites, applications, and related services (collectively, the “Service”) provided by [Legal Company Name] (“SmartDesk,” “we,” “us,” or “our”). By creating an account, clicking “I agree,” accessing the Service, or using the Service, you (“Customer,” “you,” or “your”) agree to these Terms.
If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization, and “you” includes that organization.
SmartDesk provides an integrated platform that may include CRM, marketing tools, sales pipeline tools, customer service/help desk features, lead generation tools, website/CMS tools, membership management, event management, donation management, communications tools (e.g., voice/SMS/email integrations), analytics, dashboards, workflow automations, and related professional services (the “SmartDesk Products”).
We may update, modify, or discontinue any part of the Service at any time. We will use commercially reasonable efforts to provide notice of material adverse changes when practicable.
You must be able to form a legally binding contract to use the Service.
You agree to:
Some features require a paid subscription (“Subscription”). Subscription details (pricing, included features, user limits, etc.) are described at checkout or in your order form (“Order”).
If offered, free trials convert to paid plans unless you cancel before the trial ends. Trial terms (length, included features) may be stated at signup.
Certain features may be billed by usage (e.g., pay-as-you-go lead generation credits, communications usage). Usage rates and measurement rules will be shown in-product, at purchase, or in an Order. You authorize us to charge your payment method for usage-based charges as incurred.
Fees exclude applicable taxes (GST/HST/PST, VAT, sales tax, etc.), unless stated otherwise. You are responsible for all applicable taxes, except taxes on our income.
You authorize us (and our payment processors) to charge your selected payment method for fees, taxes, and any applicable usage charges. Subscriptions typically renew automatically unless canceled. Late payments may result in suspension or termination and may incur reasonable collection costs as permitted by law.
Except where required by law or stated in an Order, fees are non-refundable and we do not provide prorated refunds for partial billing periods.
“Customer Data” means data, content, records, files, text, audio, images, or other materials you (or your users) submit to the Service, including personal information relating to your customers or contacts.
As between you and SmartDesk, you own Customer Data. You grant SmartDesk a limited license to host, store, process, transmit, and display Customer Data solely to provide and improve the Service and to perform our obligations under these Terms.
Our collection and use of personal information is described in our Privacy Policy (available on our website). If there is a conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls.
We maintain administrative, technical, and physical safeguards designed to protect Customer Data. No method of transmission or storage is 100% secure; you acknowledge and accept this risk.
You are responsible for:
You will not (and will not permit others to):
We may suspend or terminate access for suspected violations.
The Service may integrate with third-party products/services (e.g., email, SMS, voice providers; calendar providers; analytics; payment processors) (“Third-Party Services”). Third-Party Services are governed by their own terms and privacy practices. We are not responsible for Third-Party Services, including their availability, security, or performance.
If the Service includes AI/automation features (e.g., assistants, suggestions, summarization), outputs are generated automatically and may be inaccurate. You are responsible for reviewing outputs before relying on them, and for ensuring your use complies with law, including privacy/consent obligations.
SmartDesk and its licensors own all rights, title, and interest in the Service, including software, designs, and trademarks. These Terms grant you a limited, non-exclusive, non-transferable right to access and use the Service during the Term, subject to these Terms and your Order.
You may not use SmartDesk trademarks without our prior written permission.
“Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood as confidential (including the Service, pricing not publicly posted, security details, and product roadmaps). The receiving party will protect it using reasonable care and use it only to perform under these Terms.
Confidential Information excludes information that is independently developed, publicly known without breach, or rightfully obtained from a third party.
These Terms begin when you first use the Service and continue until terminated (“Term”).
You may cancel your Subscription per the cancellation method provided in the Service or by contacting support. Cancellation takes effect at the end of the then-current billing period unless otherwise stated in an Order.
We may suspend or terminate your access immediately if you breach these Terms, we suspect fraud or unlawful activity, we are required by law, or nonpayment persists beyond a reasonable cure period.
Upon termination, your right to use the Service ends; we may delete Customer Data after a reasonable period, subject to law and our policies; and you remain responsible for fees incurred through the effective termination date.
Data Export: If available, you should export Customer Data before termination. After the retention period, Customer Data may be deleted.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTDESK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA LOSS WILL NOT OCCUR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Some jurisdictions do not allow certain limitations; in that case, limits apply to the maximum extent permitted.
You will defend, indemnify, and hold harmless SmartDesk from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your Customer Data, your use of the Service in violation of these Terms or law, your communications sent through the Service (email/SMS/voice) including consent/anti-spam violations, or your breach of third-party terms.
We may update these Terms from time to time. If changes are material, we will provide notice (e.g., in-app notice or email). Continued use after the effective date means you accept the updated Terms.
These Terms are governed by the laws of Ontario, Canada, without regard to conflict of laws principles.
Any dispute arising out of or relating to these Terms will be brought in the courts located in Toronto, Ontario, and each party irrevocably submits to personal jurisdiction and venue there, unless an Order states a different dispute process (e.g., arbitration).
SmartDesk CRM Inc.
Email: [support@smartdeskcrm.com]