Terms of Service

1. Acceptance of Terms

Welcome to SalesAura. These Terms of Service ("Terms") constitute a legally binding agreement between you and SalesAura, Inc. ("SalesAura," "we," "our," or "us") governing your access to and use of the SalesAura platform, including our AI-powered sales agent services, website, applications, APIs, and all related services (collectively, the "Service").

BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" include that organization.

These Terms include our Privacy Policy, which is incorporated by reference. By using the Service, you also consent to our data practices as described in the Privacy Policy.

2. Description of Service

SalesAura provides an AI-powered sales agent platform that helps businesses automate lead qualification, engagement, and meeting scheduling. Our Service includes:

• AI Sales Agents: Conversational AI agents powered by artificial intelligence for automated customer engagement
• Lead Qualification: Automated lead scoring and qualification using AI-driven analysis
• CRM Integrations: Connections with third-party CRM systems (HubSpot, Salesforce, etc.)
• Analytics Dashboard: Reporting and analytics on conversation performance
• Widget Embedding: Embeddable chat widgets for your website
• API Access: Programmatic access for custom integrations

3. Account Registration

To use certain features of our Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate and complete
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with any third party

We reserve the right to suspend or terminate accounts that (a) violate these Terms, (b) contain inaccurate or fraudulent information, or (c) have been inactive for an extended period. You must be at least 18 years old to create an account.

4. Subscription and Payment

4.1 Subscription Plans

SalesAura offers various subscription plans with different features, usage limits, and pricing. The specific terms of your subscription, including pricing, billing cycle, and included features, will be specified when you select a plan and are incorporated into these Terms.

4.2 Payment Terms

• All fees are quoted and payable in US dollars unless otherwise specified
• Payment is due at the beginning of each billing cycle
• We accept major credit cards and other payment methods as indicated in our platform
• You authorize us to charge your payment method for all fees due under your subscription
• All fees are non-refundable except as expressly stated in these Terms or required by law
• You are responsible for all applicable taxes

4.3 Automatic Renewal

AUTOMATIC RENEWAL: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.

4.4 Price Changes

We may change our prices at any time. Price changes will take effect at the start of the next billing period following notice. We will provide at least 30 days' written notice of any price increase. Your continued use of the Service after the price change becomes effective constitutes acceptance of the new price.

4.5 Free Trials and Credits

We may offer free trials or promotional credits. These are subject to specific terms disclosed at the time of the offer. Free trials may automatically convert to paid subscriptions unless cancelled before the trial period ends.

5. 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 federal, state, local, or international laws or regulations
• Use the Service to send spam, unsolicited commercial messages, or deceptive communications
• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar laws
• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Interfere with, disrupt, or place an undue burden on the Service or networks
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service
• Use the Service for any fraudulent, malicious, or illegal activities
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest personal data without proper authorization and consent
• Use the Service to discriminate against individuals based on protected characteristics
• Transmit viruses, malware, or other harmful code
• Circumvent any usage limits or access controls
• Use the Service to make decisions that require human oversight without appropriate review
• Sublicense, resell, or redistribute the Service without our written consent

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its original content, features, functionality, software, algorithms, AI models, and underlying technology, is owned by SalesAura and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The SalesAura name, logo, and all related marks are trademarks of SalesAura. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

6.2 Your Content

You retain ownership of any data, content, or materials you submit to the Service ("Your Content"). By submitting Your Content, you grant SalesAura a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display Your Content solely as necessary to provide, maintain, and improve the Service.

6.3 AI Training Disclosure

We may use anonymized, aggregated data derived from your use of the Service to improve our AI models and Service. We will not use your identifiable personal information or confidential business data to train general-purpose AI models without your explicit consent. See our Privacy Policy for more details.

6.4 Feedback

Any feedback, suggestions, ideas, or improvements you provide about the Service ("Feedback") may be used by us without any obligation to compensate you. You hereby assign to us all rights in any Feedback.

7. AI and Automated Decision-Making Technology (ADMT)

7.1 AI-Powered Features

SalesAura uses artificial intelligence technology throughout our Service, including:

• Conversational AI: AI-powered chatbots and virtual agents that communicate with your website visitors and leads
• Lead Scoring: Automated assessment of lead quality based on conversation analysis and behavioral signals
• Content Generation: AI-generated responses, summaries, and recommendations
• Sentiment Analysis: Automated analysis of conversation tone and customer sentiment
• Predictive Analytics: AI-driven predictions about lead behavior and conversion likelihood

7.2 Chatbot Disclosure

As required by California, New Jersey, Utah, and other state laws: When your website visitors interact with SalesAura AI agents, they are communicating with artificial intelligence technology, not a human. Our AI agents are designed to disclose their AI nature upon request or when required by law.

You agree to:

• Not misrepresent AI agents as human beings
• Ensure appropriate disclosure when AI agents interact with your customers
• Comply with applicable chatbot disclosure requirements in your jurisdiction

7.3 Limitations of AI

You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or inappropriate responses
• AI outputs are probabilistic and may vary or produce unexpected results
• AI cannot replace human judgment for critical business decisions
• You are responsible for reviewing AI-generated content before use
• We do not guarantee specific sales outcomes, conversion rates, or business results
• AI performance may vary based on input quality, training data, and other factors

7.4 Human Oversight Requirement

You are required to maintain appropriate human oversight of AI-generated content and automated decisions, particularly for:

• Communications that may have legal or contractual implications
• Decisions affecting individual rights or significant outcomes
• Content sent to customers involving pricing, commitments, or sensitive topics
• Any use case where errors could cause significant harm

7.5 Opt-Out Rights for ADMT

Depending on your jurisdiction, your customers may have rights related to automated decision-making, including:

• The right to opt out of certain automated profiling or decision-making
• The right to request human review of automated decisions
• The right to information about how automated decisions are made

You are responsible for honoring these rights when required by applicable law. Contact us at privacy@salesaura.ai for assistance implementing these requirements.

8. Data and Privacy

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 our data practices as described therein.

8.1 Your Responsibilities

You are responsible for:

• Ensuring your use of the Service complies with all applicable data protection laws (including CCPA, CPRA, state privacy laws, GDPR if applicable)
• Obtaining all necessary consents from your customers and leads before collecting their data
• Providing appropriate privacy notices to individuals whose data you process using our Service
• Honoring data subject rights requests (access, deletion, opt-out, etc.)
• Implementing appropriate technical and organizational security measures

8.2 Data Processing Agreement

If required by applicable law, we will enter into a Data Processing Agreement (DPA) with you. Contact legal@salesaura.ai to request a DPA.

9. Third-Party Integrations and Services

The Service may integrate with third-party services, including CRM systems (HubSpot, Salesforce), communication platforms, and analytics tools. Your use of such integrations is subject to the terms, privacy policies, and data practices of those third parties.

We are not responsible for:

• The availability, accuracy, or functionality of third-party services
• Third-party terms of service, privacy practices, or data handling
• Any damages arising from your use of third-party integrations
• Changes to third-party APIs that may affect Service functionality

10. Disclaimers

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results from using the Service will be accurate, reliable, or meet your expectations
• Any errors in the Service will be corrected
• The Service will be compatible with all devices or systems
• AI-generated content will be accurate, appropriate, or suitable for your purposes
• You will achieve specific sales results, conversion rates, or business outcomes

You use the Service at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

11.1 Liability Cap

OUR TOTAL AGGREGATE LIABILITY for any and all claims arising from or related to these Terms or the Service shall not exceed the greater of (a) the amounts you paid to SalesAura in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).

11.2 Exceptions

The limitations in this section do not apply to: (a) your breach of Section 5 (Acceptable Use); (b) your indemnification obligations; (c) your violation of our intellectual property rights; or (d) any liability that cannot be excluded or limited by applicable law.

Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless SalesAura and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Service or breach of these Terms
• Your Content or data you submit to the Service
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any claim by your customers, leads, or end users arising from your use of the Service
• Your failure to comply with AI disclosure or data protection requirements

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@salesaura.ai to attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days.

13.3 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration will take place in San Francisco, California (or remotely if mutually agreed). The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.4 Class Action Waiver

YOU AND SALESAURA 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, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party's claims.

13.5 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14. Termination

14.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination will be effective at the end of your current billing period. You will not receive a refund for any unused portion of your subscription.

14.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. We may also terminate accounts that have been inactive for extended periods.

14.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• You must stop using the Service and any embedded widgets
• We may delete your account data (subject to our data retention policies and legal obligations)
• Any outstanding fees will become immediately due
• Provisions that by their nature should survive termination will survive (including Sections 6, 7, 10, 11, 12, 13, and 16)

14.4 Data Export

You may export your data before termination using the export features available in the Service. We will retain your data for 30 days after termination to allow you to export it, after which it may be permanently deleted.

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will post the updated Terms on our website
• We will update the "Last updated" date at the top of these Terms
• For material changes, we will provide at least 30 days' notice via email or prominent notice in the Service
• Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms

If you do not agree to the modified Terms, you must stop using the Service before the changes take effect. Material changes will not apply retroactively.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SalesAura regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
• No Waiver: Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, Internet or telecommunications failures, or AI system failures beyond our control.
• Notices: We may provide notices to you via email, through the Service, or by posting on our website. Notices to us must be sent to legal@salesaura.ai.
• Relationship: These Terms do not create any partnership, joint venture, employment, or agency relationship between you and SalesAura.
• Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights, except that our affiliates, officers, directors, employees, and agents are intended third-party beneficiaries of the limitation of liability and indemnification provisions.
• Export Compliance: You agree to comply with all applicable export and import laws and regulations.
• Government Use: If you are using the Service on behalf of the U.S. government, the Service is provided as "commercial computer software" and "commercial computer software documentation" as defined in applicable regulations.

17. Contact Us

If you have any questions about these Terms, please contact us: