Terms of Service

01 Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and SmartBuzz AI (“Company,” “we,” “our,” or “us”), a company with its principal place of business at 711 E Ascension St S66, Gonzales, LA 70737. They govern your access to and use of the SalesFlo outreach and pipeline platform, together with any related software, APIs, mobile applications, documentation, and professional services (collectively, the “Services”).

If you are accepting these Terms on behalf of a business, organization, or other legal entity (“Organization”), you represent and warrant that you have full legal authority to bind that Organization to these Terms, in which case “you” and “your” refer to the Organization. If you lack such authority, you must not accept these Terms or use the Services on behalf of the Organization.

These Terms are effective as of April 10, 2026 and supersede all prior written or oral agreements between you and SmartBuzz AI relating to the Services.

1.1 Age and Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts to use the Services. The Services are not directed to individuals under the age of 18, and we do not knowingly permit minors to register for accounts.

1.2 Order of Precedence

If you have executed a separate Order Form, Master Services Agreement, or Enterprise Agreement with SmartBuzz AI, the terms of that signed document shall control to the extent of any conflict with these Terms. For all other purposes, these Terms, together with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between the parties.

02 Description of Services

SmartBuzz AI offers SalesFlo, a cloud-based B2B sales outreach and pipeline management platform designed to help professional services, financial advisory, and enterprise sales teams identify prospects, automate multi-channel outreach sequences, and manage deal pipelines. The Services may include, but are not limited to:

• Outreach Automation: Tools for creating, scheduling, and delivering personalized email, LinkedIn, and other channel-based outreach sequences at scale.
• Pipeline Management: CRM-adjacent deal tracking, stage management, task assignment, and reporting dashboards.
• AI-Assisted Copywriting: Large-language-model-powered features for drafting and personalizing outreach messages, subject lines, and follow-up content.
• Contact Enrichment: Integration with third-party data providers to supplement prospect records with firmographic, technographic, and contact data.
• Analytics & Reporting: Engagement metrics, reply-rate analysis, pipeline velocity reporting, and exportable performance reports.
• Integrations: Connectors to third-party CRMs, email providers, calendar platforms, and collaboration tools via APIs and native integrations.

2.1 Service Changes

We reserve the right to modify, enhance, discontinue, or restrict any feature or aspect of the Services at any time. Where a modification materially reduces functionality you rely upon, we will provide at least 30 days’ advance notice by email or in-app notification. Your continued use of the Services after any modification constitutes acceptance of the updated feature set.

2.2 Beta Features

We may offer access to pre-release, beta, or experimental features (“Beta Features”). Beta Features are provided “as-is” without warranty, may be discontinued at any time, and are excluded from any uptime or service-level commitments. Feedback you provide regarding Beta Features may be used by SmartBuzz AI without obligation or compensation to you.

2.3 Third-Party Services

The Services may integrate with or link to third-party platforms (e.g., Gmail, LinkedIn, Salesforce, HubSpot). SmartBuzz AI is not responsible for the availability, accuracy, or terms of third-party services. Your use of any third-party service is subject to that service’s own terms and privacy policies. We encourage you to review those policies before enabling integrations.

Specific capabilities available at each tier are set forth in the applicable Order Form or as displayed on the pricing page at smartbuzzai.com at the time of purchase.

03 Account Registration & Security

To access the Services you must register for an account and provide accurate, current, and complete information as prompted by the registration form. You agree to keep this information accurate and updated throughout the duration of your subscription.

3.1 Account Credentials

You are responsible for maintaining the confidentiality of your account credentials (username, password, API keys, and any multi-factor authentication tokens). You agree not to share credentials with any individual who is not an authorized user under your subscription. You must immediately notify us at sebastian@smartbuzzai.com if you become aware of any unauthorized access to or use of your account.

3.2 Account Responsibility

You are fully responsible for all activities that occur under your account, whether or not authorized by you. SmartBuzz AI is not liable for any loss or damage arising from unauthorized use of your account where such use results from your failure to adequately secure your credentials.

3.3 Authorized Users

If your subscription permits multiple users (“Authorized Users”), you may grant access to Authorized Users solely within the seat limits of your plan. You are responsible for ensuring all Authorized Users comply with these Terms. Any breach of these Terms by an Authorized User is deemed a breach by the Customer.

3.4 Corporate Accounts

If your account is associated with a company domain (e.g., you register with a company email address), your employer or that organization may have the right to manage your account if they enter into a separate agreement with SmartBuzz AI. We recommend reviewing your employer’s internal policies regarding use of third-party software.

04 Acceptable Use Policy

You agree to use the Services only for lawful business purposes and in a manner consistent with all applicable laws and regulations, including those governing electronic communications, data protection, anti-spam, financial services marketing, and securities solicitation. The following conduct is expressly prohibited:

4.1 Prohibited Activities

• Spam & Unsolicited Communications: Sending bulk, unsolicited commercial messages in violation of the CAN-SPAM Act, Canada’s CASL, the EU’s ePrivacy Directive, or any other applicable anti-spam law. All outreach conducted through SalesFlo must comply with applicable opt-out and unsubscribe requirements.
• Deceptive Practices: Impersonating any person or entity, falsifying headers, using misleading subject lines, or otherwise employing deceptive tactics in outreach messages.
• Illegal Solicitation: Using the Services to offer or solicit unregistered securities, engage in cold-calling activities that violate FINRA, SEC, or applicable state regulations, or conduct any activities that constitute unlicensed investment advice or financial solicitation where a license is required.
• Data Scraping & Unauthorized Collection: Harvesting or scraping personal data from third-party platforms in violation of those platforms’ terms of service or applicable law, including the Computer Fraud and Abuse Act (CFAA).
• System Interference: Attempting to gain unauthorized access to the Services, our servers, or any third-party systems connected to the platform; introducing malware, viruses, or other harmful code; or conducting denial-of-service attacks.
• Reverse Engineering: Decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code or underlying algorithms of the Services.
• Resale Without Authorization: Reselling, sublicensing, or providing access to the Services to third parties without our prior written consent.
• Benchmarking: Publishing or disclosing benchmarking or competitive performance tests of the Services without our prior written consent.
• Illegal Content: Uploading, transmitting, or storing content that is defamatory, obscene, fraudulent, violates intellectual property rights, or is otherwise unlawful.

4.2 Financial Services Compliance

If you use the Services to conduct outreach on behalf of registered investment advisers, broker-dealers, insurance companies, mortgage lenders, or other regulated financial entities, you acknowledge sole responsibility for ensuring that all outreach activities comply with applicable FINRA rules, SEC regulations, state insurance and securities regulations, and any applicable fiduciary duties. SmartBuzz AI does not provide compliance review services, and use of the platform does not constitute legal or compliance advice.

4.3 Enforcement

SmartBuzz AI reserves the right, but not the obligation, to investigate potential violations of this Acceptable Use Policy. We may suspend or terminate access to the Services, with or without notice, for conduct that we believe, in our sole discretion, violates this Policy, creates legal liability for us, or harms other users. Suspension or termination under this Section does not relieve you of any payment obligations.

05 Intellectual Property

5.1 Our Intellectual Property

The Services, including all software, algorithms, source code, user interfaces, visual designs, trademarks, logos, documentation, and underlying technology, are and remain the exclusive intellectual property of SmartBuzz AI and its licensors. These Terms do not convey to you any ownership interest in or to the Services, but rather a limited, revocable right of access as described herein.

The SmartBuzz AI name and logo, “SalesFlo,” and all related marks, logos, product names, and slogans are trademarks of SmartBuzz AI. You may not use our trademarks without our prior written consent, and you may not use any mark that is confusingly similar to our marks.

5.2 License Grant

Subject to your compliance with these Terms and timely payment of all applicable fees, SmartBuzz AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the term of your subscription.

5.3 Customer Data

You retain all ownership rights in the data, content, and materials that you upload, import, or transmit to the Services (“Customer Data”). You grant SmartBuzz AI a limited, worldwide, royalty-free license to host, store, process, transmit, and display Customer Data solely to the extent necessary to provide the Services to you and as described in our Privacy Policy.

5.4 Feedback

If you provide suggestions, feature requests, or other feedback regarding the Services (“Feedback”), you grant SmartBuzz AI a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and exploit such Feedback in any manner without restriction or compensation to you. Feedback is provided voluntarily and does not create any confidentiality obligation on SmartBuzz AI.

5.5 AI-Generated Output

Content generated by the AI features of SalesFlo (“AI Output”) is provided for your use as an Authorized User. You are solely responsible for reviewing, approving, and taking legal responsibility for any AI Output before sending it to third parties. SmartBuzz AI makes no representation that AI Output is factually accurate, legally compliant, or suitable for any particular purpose. You may not represent that AI Output was exclusively authored by a human where applicable law or regulation requires disclosure of AI authorship.

06 Payment & Billing

6.1 Subscription Fees

Access to the Services requires a paid subscription. All fees are set forth in your Order Form or as displayed at the time of purchase on our website. Fees are quoted and payable in U.S. dollars unless otherwise agreed in writing. All fees are exclusive of applicable taxes.

6.2 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, as elected at checkout or set forth in your Order Form. For annual subscriptions paid upfront, no refund or credit will be issued for early cancellation unless otherwise agreed in writing or required by law.

6.3 Payment Method

You authorize SmartBuzz AI to charge your designated credit card, ACH account, or other accepted payment method for all fees due under your subscription. You represent that you are authorized to use the payment method provided. If any payment fails, we may retry the charge, suspend your account, and/or terminate your subscription after providing reasonable notice.

6.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing period at the then-current rates unless you cancel at least 5 business days before the renewal date. You may cancel by logging into your account settings or by contacting us at sebastian@smartbuzzai.com.

6.5 Taxes

You are responsible for all sales, use, VAT, GST, and other applicable taxes, levies, or duties imposed by any taxing authority on amounts payable under these Terms, excluding taxes on SmartBuzz AI’s net income. If SmartBuzz AI is required to collect taxes on your behalf, the applicable tax amount will be added to your invoice.

6.6 Fee Changes

SmartBuzz AI may change subscription fees by providing at least 30 days’ written notice prior to your next renewal date. Continued use of the Services after the fee change takes effect constitutes your acceptance of the new pricing.

6.7 Overage Charges

Certain features are subject to usage limits (e.g., enrichment credits, email sends per month, API calls). If you exceed the limits of your plan, additional usage may be billed at the applicable overage rates set forth in your Order Form or as disclosed in the platform. We will make reasonable efforts to notify you when you approach plan limits.

6.8 Disputes

You must notify SmartBuzz AI of any disputed invoice within 30 days of the invoice date. Undisputed amounts remain due. Disputes submitted after 30 days will not be eligible for credit or refund.

07 Confidentiality

7.1 Definition

“Confidential Information” means any non-public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation: pricing and commercial terms, technical specifications, product roadmaps, Customer Data, proprietary algorithms, security practices, and business strategies.

7.2 Obligations

Each Receiving Party agrees to: (a) hold the Disclosing Party’s Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information (but no less than reasonable care); (b) not disclose Confidential Information to any third party without the Disclosing Party’s prior written consent; and (c) use Confidential Information solely to exercise rights and perform obligations under these Terms.

7.3 Exclusions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully known to the Receiving Party prior to disclosure without restriction; (c) is rightfully received from a third party without restriction; or (d) was independently developed by the Receiving Party without reference to the Confidential Information.

7.4 Compelled Disclosure

If the Receiving Party is required by law, regulation, or court order to disclose Confidential Information, it shall, to the extent permitted by law, provide prompt written notice to the Disclosing Party to enable the Disclosing Party to seek a protective order or other appropriate relief. Any compelled disclosure shall be limited to the minimum extent required.

7.5 Data Security

SmartBuzz AI maintains reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, loss, or disclosure. A description of our current security practices is available upon written request. In the event of a confirmed data breach materially affecting your Customer Data, we will notify you without undue delay and in accordance with applicable law.

08 Disclaimers & Limitation of Liability

8.1 No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SMARTBUZZ AI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

SmartBuzz AI does not warrant that: (a) the Services will be uninterrupted, error-free, or free of harmful components; (b) any data transmitted through the Services will be secure or not lost; (c) any defects will be corrected; or (d) the Services will meet your specific business requirements or produce any particular results, including with respect to outreach response rates, revenue generation, or pipeline growth.

8.2 No Professional Advice

Nothing in the Services or in any SmartBuzz AI communications constitutes legal, financial, investment, compliance, or regulatory advice. You should consult qualified professionals before making decisions based on information obtained through the Services.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTBUZZ AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SMARTBUZZ AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.4 Aggregate Liability Cap

IN NO EVENT SHALL SMARTBUZZ AI’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SMARTBUZZ AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

8.5 Essential Basis

The disclaimers and limitations in this Section reflect a fair allocation of risk between the parties and are an essential basis of the bargain between the parties. SmartBuzz AI would not have entered into these Terms or provided the Services at the agreed fees without these limitations.

8.6 Exceptions

Nothing in these Terms limits or excludes liability that cannot be excluded or limited under applicable law, including liability for gross negligence, fraud, fraudulent misrepresentation, death, or personal injury caused by our negligence.

09 Indemnification

9.1 Customer Indemnification

You agree to defend, indemnify, and hold harmless SmartBuzz AI and its officers, directors, employees, contractors, agents, affiliates, and successors (the “SmartBuzz AI Indemnitees”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your breach of any representation, warranty, or obligation under these Terms;
• Your Customer Data, including any claim that Customer Data infringes or misappropriates any third-party intellectual property right, violates any privacy law, or constitutes defamation;
• Your violation of any applicable law, regulation, or third-party rights, including anti-spam laws, financial services regulations, and data protection laws;
• Your outreach campaigns, sales practices, or representations made to prospects or clients through the Services;
• Any Authorized User’s use of the Services in breach of these Terms.

9.2 SmartBuzz AI Indemnification

SmartBuzz AI will defend you against any third-party claim alleging that the Services, as provided by SmartBuzz AI and used in accordance with these Terms, infringe any U.S. patent, copyright, trademark, or misappropriate any trade secret. SmartBuzz AI will pay any damages finally awarded against you or any settlement amount we approve in writing. This obligation does not apply to claims arising from: (a) your modification of the Services; (b) combination of the Services with products or services not provided by SmartBuzz AI; (c) your use of the Services in violation of these Terms; or (d) any open-source software included in the Services.

9.3 Indemnification Procedure

The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim; (b) grant the indemnifying party sole control of the defense and settlement; and (c) reasonably cooperate with the indemnifying party at the indemnifying party’s expense. The indemnifying party may not settle any claim that imposes any obligation or liability on the indemnified party without the indemnified party’s prior written consent.

10 Termination

10.1 Termination by Customer

You may cancel your subscription at any time by following the cancellation procedure in your account settings or by providing written notice to sebastian@smartbuzzai.com. Cancellation takes effect at the end of your then-current billing period, and you will retain access to the Services until that date.

10.2 Termination by SmartBuzz AI for Cause

SmartBuzz AI may suspend or terminate your access to the Services immediately upon written notice if: (a) you materially breach these Terms and fail to cure such breach within 10 business days after receiving written notice; (b) you engage in conduct that violates the Acceptable Use Policy; (c) you become insolvent, file for bankruptcy, or make an assignment for the benefit of creditors; or (d) your use of the Services creates legal risk or harm to SmartBuzz AI or other users.

10.3 Termination by SmartBuzz AI Without Cause

SmartBuzz AI may terminate these Terms for any reason by providing 30 days’ advance written notice. In the event of termination without cause, SmartBuzz AI will issue a pro-rated refund for any prepaid but unused subscription fees.

10.4 Effect of Termination

Upon termination or expiration of these Terms: (a) all licenses granted to you immediately cease; (b) you must immediately cease all use of the Services; (c) each party shall return or destroy the other party’s Confidential Information (except as required to be retained by law); and (d) all outstanding payment obligations survive termination.

10.5 Data Export and Deletion

Following termination, SmartBuzz AI will make your Customer Data available for export for 30 days. After that period, we may delete Customer Data in accordance with our data retention practices and applicable law. You are responsible for exporting any Customer Data you wish to retain prior to the end of the 30-day period. We will not be liable for any loss of Customer Data resulting from your failure to export within this window.

10.6 Survival

The following Sections survive any termination or expiration of these Terms: Section 5 (Intellectual Property), Section 7 (Confidentiality), Section 8 (Disclaimers & Limitation of Liability), Section 9 (Indemnification), Section 11 (Governing Law & Dispute Resolution), and any payment obligations accrued prior to termination.

11 Governing Law & Dispute Resolution

11.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

11.2 Venue

Subject to Section 11.3 below, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Ascension Parish, Louisiana for resolution of any dispute not subject to arbitration. Each party waives any objection to such jurisdiction and venue, including any objection based on inconvenient forum.

11.3 Informal Resolution

Before initiating formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute by providing written notice of the dispute to the other party. The parties will have 30 days from delivery of such notice to reach a mutually agreeable resolution before either party may pursue formal proceedings.

11.4 Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Section, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or Consumer Arbitration Rules, if applicable). The arbitration shall be conducted by a single arbitrator in Ascension Parish, Louisiana, or, by mutual agreement, via videoconference. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.5 Class Action Waiver

YOU AND SMARTBUZZ AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

11.6 Injunctive Relief

Notwithstanding the arbitration agreement, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to protect intellectual property rights or Confidential Information pending arbitration.

12 Modifications to Terms

SmartBuzz AI reserves the right to update or modify these Terms at any time. When we make material changes, we will notify you by: (a) sending an email to the address associated with your account; (b) posting a prominent notice within the platform; or (c) updating the “Last Revised” date at the top of this page. Non-material changes (such as typographical corrections or clarifications) may be made without notice.

Your continued use of the Services for more than 14 days following delivery of notice of material changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services and cancel your subscription before the end of the 14-day notice period.

For Enterprise customers with signed agreements, modifications to these Terms that materially and adversely affect your rights will not take effect until your next renewal date, unless such modifications are required by law or regulatory mandate.

13 Severability

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be deemed modified to the minimum extent necessary to make it enforceable. If such modification is not possible, the provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect as if the severed provision had never been included.

14 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Forms or Enterprise Agreements, constitute the entire agreement between you and SmartBuzz AI regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, concerning the subject matter hereof.

No waiver by SmartBuzz AI of any right or provision under these Terms shall be deemed a further or continuing waiver of such right or provision, or a waiver of any other right or provision. The failure of SmartBuzz AI to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.

These Terms may not be amended except by a written instrument signed by an authorized representative of SmartBuzz AI, except as otherwise provided in Section 12 (Modifications to Terms). You may not assign or transfer these Terms or any rights granted hereunder, by operation of law or otherwise, without SmartBuzz AI’s prior written consent. SmartBuzz AI may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

The section headings in these Terms are for convenience only and have no legal or contractual effect. As used herein, “including” means “including without limitation.” References to “days” mean calendar days unless stated otherwise. Any ambiguity in these Terms shall not be construed against the drafter.

15 Contact Information

If you have any questions, concerns, or legal notices regarding these Terms of Service, please contact us using the information below. For the fastest response, email is preferred. For formal legal notices, written correspondence to our mailing address is required.