1. Agreement to these terms
These Terms of Service ("Terms") form a binding agreement between you, or the organization you represent ("Customer," "you," or "your"), and Softmatica, Inc. ("Softmatica," "we," "us," or "our") governing your access to and use of the Softmatica customer relationship management platform, associated mobile and desktop applications, APIs, and related services (collectively, the "Service"). By creating an account, clicking "I agree," or otherwise accessing or using the Service, you accept these Terms in full. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.
2. Account eligibility and registration
You must be at least 18 years old and capable of forming a binding contract to create a Softmatica account. When you register, you agree to provide accurate, current, and complete information about yourself and your organization, and to keep that information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not you authorized it. Notify us immediately at legal@softmatica.net if you suspect unauthorized access to your account.
3. Subscription plans and per-seat billing
Softmatica is offered on subscription plans described at softmatica.net/pricing, including Starter, Growth, Scale, and custom Enterprise tiers. Most plans are billed per named user seat, on a monthly or annual cycle as selected at checkout. Adding seats during a billing period will be prorated and reflected on your next invoice or charged immediately, depending on your plan. Enterprise pricing, minimum seat commitments, and custom terms are set out in a separate order form, which takes precedence over these Terms where the two conflict.
4. Free trial
New accounts are eligible for a 14-day free trial with full access to Growth-tier features, and no credit card is required to begin. At the end of the trial period, your workspace will be downgraded to a limited free state unless you enter payment details and select a paid plan; we will not automatically charge you at the end of a trial you never provided payment information for. We reserve the right to modify trial length or eligibility, or to limit trials to one per organization, at our discretion, and to end a trial early in cases of suspected abuse.
5. Your data and ownership
As between you and Softmatica, you own all data you upload, import, or create within the Service, including contact records, company records, deal and pipeline data, notes, attachments, and any data synced in from connected third-party tools ("Customer Data"). We claim no ownership rights in Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data solely as necessary to provide, maintain, and improve the Service, and as otherwise described in our Privacy Policy. You are solely responsible for the accuracy, legality, and appropriateness of Customer Data you store in the Service, including obtaining any consents required to collect and process personal data about your own contacts, leads, and customers.
6. Acceptable use
You agree not to use the Service to: (a) violate any applicable law or regulation; (b) upload malicious code or attempt to gain unauthorized access to the Service or any other user's data; (c) reverse engineer, decompile, or attempt to extract the source code of the Service, except where such restriction is prohibited by law; (d) resell, sublicense, or provide the Service to third parties as a bureau or service offering without our written consent; (e) send unsolicited bulk communications in violation of applicable anti-spam law; or (f) interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure. We may suspend or terminate accounts that violate this section.
7. Third-party integrations
The Service allows you to connect third-party tools and platforms, including GitHub, Linear, Jira, Slack, Zapier, Google Workspace, Microsoft Outlook, Stripe, Segment, and Intercom, among others (each, a "Third-Party Integration"). Your use of any Third-Party Integration is governed by that provider's own terms and privacy policy, and is subject to any permissions or scopes you grant during the connection process. Softmatica does not control and is not responsible for the availability, security, content, or practices of any Third-Party Integration, and we disclaim all liability arising from your use of one. You may disconnect a Third-Party Integration at any time from your workspace settings.
8. API usage
If you access the Service through our API, you agree to comply with our published API documentation, including any rate limits, authentication requirements, and usage restrictions in effect at the time. We may throttle, suspend, or revoke API access that we reasonably believe threatens the stability, security, or performance of the Service. API access may be limited to certain subscription plans and is subject to change with reasonable notice.
9. Service availability
We target 99.9% monthly uptime for the core Service, excluding scheduled maintenance windows for which we provide advance notice where practical, and excluding outages caused by factors outside our reasonable control. Current and historical uptime information is available on our status page. Service level commitments and any associated service credits for paid plans are set out in our Service Level Agreement, available on request, which is incorporated into these Terms for customers on qualifying plans.
10. Fees, billing, and refunds
Fees are billed in advance on a monthly or annual basis, in the currency and at the rate shown at checkout, exclusive of applicable taxes unless stated otherwise. Failure to pay may result in suspension of the Service after reasonable notice. Except as required by law or expressly stated in an order form, fees are non-refundable, including for partial billing periods, downgrades, or unused seats. Annual plans that are cancelled mid-term are not eligible for a prorated refund of the remaining term, unless required by applicable consumer protection law.
11. Cancellation
You may cancel your subscription at any time from your account billing settings. Cancellation takes effect at the end of your current billing period, and you will retain access to paid features through that date. Upon cancellation or termination, we will retain Customer Data for 30 days to allow for export or reactivation, after which it may be permanently deleted from our production systems in accordance with our data retention practices described in the Privacy Policy.
12. Intellectual property and trademarks
The Service, including its software, design, text, graphics, and the Softmatica name and logo, is owned by Softmatica or our licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to your compliance with these Terms. You may not use the Softmatica name, logo, or trademarks without our prior written consent, except as permitted under our published brand guidelines.
13. Confidentiality
Each party may disclose non-public business, technical, or financial information to the other in connection with these Terms ("Confidential Information"). The receiving party agrees to use the disclosing party's Confidential Information only to perform its obligations under these Terms, and to protect it using at least the same degree of care it uses to protect its own confidential information, and no less than reasonable care. This section does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party without confidentiality obligations, or is independently developed.
14. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. NO ADVICE OR INFORMATION OBTAINED FROM SOFTMATICA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOFTMATICA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
16. Indemnification
You agree to defend, indemnify, and hold harmless Softmatica and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your Customer Data, or your violation of these Terms or applicable law. We will provide you with prompt notice of any such claim and reasonable cooperation, at your expense, in its defense.
17. Termination
We may suspend or terminate your access to the Service if you materially breach these Terms and fail to cure that breach within 15 days of notice, if required by law, or immediately in cases involving security risk, suspected fraud, or non-payment. You may terminate these Terms at any time by cancelling your subscription and closing your account. Sections of these Terms that by their nature should survive termination, including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and governing law, will survive.
18. Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered under the rules of a recognized arbitration body, conducted in Delaware or remotely, rather than in court, except that either party may bring an individual action in small claims court and either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information. Disputes must be brought on an individual basis, not as part of a class, consolidated, or representative action.
19. Changes to these terms
We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. If we make material changes, we will provide notice by email or through the Service at least 15 days before the changes take effect. Continued use of the Service after that date constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may cancel your subscription.
20. General provisions
These Terms, together with any order form and our Privacy Policy, constitute the entire agreement between you and Softmatica regarding the Service. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any right under these Terms is not a waiver of that right. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
21. Contact us
Questions about these Terms can be sent to legal@softmatica.net. For general inquiries, reach us at hello@softmatica.net.