Terms and Conditions

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named SalesPath.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: Georgia, United States
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SalesPath LLC, 945 North Point Drive #1171 Alpharetta, GA 30022.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
- In-app Purchase refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store's own terms and conditions.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Application or the Website or both.
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to SalesPath, accessible from https://salespath.app
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

For users who downloaded the Application via the Apple App Store, you acknowledge that this agreement is between You and the Company only, not with Apple. The Company, not Apple, is solely responsible for the Application and its content.

Scope of License

The Company grants You a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Application strictly in accordance with these Terms and Conditions. This license is granted for personal, non-commercial use on any device that You own or control.

If You downloaded the Application from the Apple App Store, You may only use the Application on Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.

You may not rent, lease, lend, sell, redistribute or sublicense the Application. You agree not to copy, modify, reverse engineer, decompile, disassemble, or create derivative works of the Application, except as expressly permitted by applicable law.

Maintenance and Support

SalesPath LLC is solely responsible for providing any maintenance and support services for the Application, as specified in these Terms and Conditions or as required under applicable law.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Subscriptions

Subscription period: The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew unless You cancel it or the Company cancels it. Each renewal is charged at the renewal price stated when You purchased the Subscription (which may differ from the price of the first period) or, if no renewal price was stated, at the then-current Subscription fee, and otherwise on the same conditions.

Reminders: For a Subscription that was not made through an In-app Purchase, the Company will use reasonable efforts to email You a reminder before the first charge after a Free Trial and before each renewal charge, and will send any reminder that applicable law requires within the time that law requires. Reminders are sent to the billing email address on Your Account and are not a condition of any charge. If a reminder is not sent, is late, or does not reach You, Your Subscription still renews and You remain responsible for each charge as described when You subscribed, except where applicable law provides otherwise. You must keep a valid billing email address on Your Account. A notice the Company sends to that address is treated as received when it is sent.

Subscription cancellations: You may cancel Your Subscription renewal at any time, either through Your Account settings page where available, through the billing portal link the Company provides to You, or by emailing the Company at support@getsalespath.com. Cancellation takes effect at the end of Your current Subscription period. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period. If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store.

Billing: You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.

Fee Changes: The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount. A renewal price stated when You purchased the Subscription applies until the Company changes it under this section.

Refunds: Except when required by law, paid Subscription fees, including annual Subscription fees once charged, are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. If the Subscription has been made through an In-app purchase, the Application Store's refund policy will apply. If the Subscription has been made through an In-app Purchase and You wish to request a refund, You may do so by contacting the Application Store directly.

Free Trial: The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected. At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You and the Company acknowledge that, in the event of any third-party claim that the Application or Your possession and use of the Application infringes a third party's intellectual property rights, SalesPath LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Artificial Intelligence Features

Certain features of the Service use artificial intelligence. You are responsible for reviewing any AI-generated content before relying on it, sending it to a customer, or using it to make a business decision. AI-generated output is provided as-is and may be inaccurate. You may not use the AI features to generate content that is unlawful, that infringes the rights of others, or that violates the acceptable use policy of our AI processing provider. We may suspend access to AI features at any time, including to protect the Service or to control costs.

Connections to Third-Party AI Services

The Service may let You connect Your account to a third-party AI service so that it can read information from Your account at Your request. If the connection You approve includes permission to make changes, it can also, at Your request, create draft quotes, add, change or remove line items and change other details of draft quotes You created, create clients, change their details and logos, add notes to clients, add new products, including their cost, to Your catalog, create commission reports from won quotes and change draft or sent commission reports, and send Feedback and support requests to the Company as described below. If You are an owner or admin of the organization, it can also add or change line items and change other details of draft quotes Your teammates created, and update the cost of products already in Your catalog. If You allow it when connecting, it can also mark quotes You created as sent, won, lost or paid, and mark commission reports as paid or unpaid. You choose whether to connect, which organization it can access, and when to remove it. Information read through a connection, including information about Your clients, is sent to that third party at Your direction; from then on, its storage and use are governed by Your agreement with that third party, not by these Terms. Changes a connection makes at Your request are made on Your behalf. You are responsible for reviewing a draft quote before You send it, for the changes the connection makes at Your request to a teammate's draft quote, for the clients, client notes, commission reports and products, including product costs, the connection creates or changes, and for each status change made at Your request. The Company does not control, and is not responsible for, how a third party stores, uses or processes that information, or the accuracy of output it produces from it, including draft quotes, line items, quote details, clients, client notes, commission reports and products it creates or changes. You may only connect an organization if You are permitted to share its information, including information about Your clients, with that third party and, for a connection that can make changes, to create and edit quotes, to create and edit clients and add client notes, to add products and update their costs, to create and edit commission reports and, if You allow status changes when connecting, to change the status of quotes and commission reports, in it. You are responsible for obtaining any permission or consent this requires. A connection that can make changes can send Feedback when You ask it to, or when it suggests Feedback and You agree to send it. Feedback sent through a connection is Feedback under these Terms. The Company is not obliged to respond to Feedback or to tell You what it does with it. A connection that can make changes can also send a support request to the Company when You ask it to, or when it suggests one and You agree to send it. A support request sent through a connection is handled like one sent from the Service. We may limit, suspend or end connections at any time, including to protect the Service or Your data.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

The Company may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

You may delete Your Account at any time from the Settings screen in the Application or on the Website. Deleting Your Account removes Your sign-in and profile immediately, and We delete the remaining personal data associated with Your Account within 30 days, as described in Our Privacy Policy. Content in organizations You share with other users belongs to those organizations and is not deleted.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You have nott purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Warranty

SalesPath LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed above.

In the event that the Application fails to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SalesPath LLC.

Product Claims

You and the Company acknowledge that SalesPath LLC, not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and/or use of the Application, including but not limited to:

(i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of HealthKit or HomeKit frameworks, if applicable.

This section does not limit any liability you may have under applicable law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

U.S. Federal Government End Use

If You are a U.S. federal government end user, Our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

U.S. Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Third-Party Terms of Agreement

You agree to comply with all applicable third-party terms of agreement when using the Application. This may include, but is not limited to, your wireless data service agreement, device manufacturer terms, or platform terms (such as those from Apple or Google).

Third-Party Beneficiary

You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this End User License Agreement. Upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Usage Limits

For unlimited plans, usage is capped at 50,000 products uploaded and 10,000 clients uploaded. These limits are designed to accommodate reasonable business usage of the unlimited plan. If you have any questions about these limits or require higher thresholds, please contact us at support@getsalespath.com.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us by email at:
- Email: support@getsalespath.com
- Visit: https://getsalespath.com/connect