Terms of Service

Description of Service

SmartLists is a business intelligence and lead generation platform that provides users with access to business data, analytics, and tools to identify and connect with potential business opportunities. The Service includes but is not limited to:

• Business data and contact information
• Analytics and reporting tools
• Lead management and tracking features
• Integration with third-party services
• Customer support and assistance

User Accounts and Registration

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your login credentials secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Use the Service for spam or unsolicited communications
• Interfere with or disrupt the Service
• Reverse engineer or attempt to extract source code
• Use automated systems to access the Service without permission

Payment Terms

Certain features of the Service require payment. By subscribing to a paid plan, you agree to:

• Pay all fees associated with your subscription
• Provide accurate billing information
• Authorize us to charge your payment method
• Pay applicable taxes
• Understand that fees are non-refundable except as required by law

We reserve the right to change our pricing at any time without prior notice to existing subscribers.

Intellectual Property Rights

The Service and its original content, features, and functionality are owned by BrokerHero LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our written permission. You may not remove or alter any copyright, trademark, or other proprietary notices from our Service.

User Content and Data

You retain ownership of any content you submit to the Service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display such content solely for the purpose of providing the Service.

You are responsible for ensuring that your content does not violate any third-party rights or applicable laws. We reserve the right to remove content that violates these Terms.

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in our Privacy Policy.

Service Availability

We strive to provide continuous access to the Service, but we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to maintenance, updates, or technical issues. We reserve the right to modify or discontinue the Service at any time with reasonable notice.

Limitation of Liability

To the maximum extent permitted by law, BrokerHero LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Service.

Our total liability to you for any claims arising from these Terms or the Service shall not exceed the amount you paid us for the Service in the 12 months preceding the claim.

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be error-free, secure, or continuously available.

Indemnification

You agree to indemnify and hold harmless BrokerHero LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

You may terminate your account at any time by contacting us at support@brokerhero.ai.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BrokerHero LLC regarding the Service and supersede all prior agreements and understandings.