Terms of Service

By accessing or using the SalesMind AI website at sales-mind.ai and any associated services, applications, or tools (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you ("User", "you", "your") and SalesMind AI, operated by Julien Gadea, based in Singapore ("SalesMind AI", "we", "us", "our").

SalesMind AI provides an AI-powered sales automation platform that includes, but is not limited to:

• AI Sales Agents for automated prospecting and outreach
• LinkedIn automation tools (multi-channel engagement coming soon)
• Prospect intelligence and lead generation capabilities
• Campaign analytics and performance reporting
• Customer Relationship Management (CRM) integrations and data synchronization
• White-label licensing for agencies and partners

The Service is offered through various engagement models, including Done With You (account manager builds infrastructure, client operates), Managed Service (fully managed pipeline), and White Label partnerships for agencies and resellers. Features and availability may vary by tier.

To access the Service, you must create an account and provide accurate, complete, and current registration information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether or not you authorized them
• Immediately notifying us of any unauthorized use of your account

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

You agree to use the Service in compliance with all applicable laws and regulations. You shall not:

• Use the Service for any unlawful or fraudulent purpose
• Violate the terms of service of any third-party platform, including LinkedIn
• Send unsolicited bulk messages (spam) or engage in deceptive marketing practices
• Attempt to reverse-engineer, decompile, or disassemble any part of the Service
• Scrape, crawl, or use automated means to extract data from the Service beyond its intended functionality
• Interfere with or disrupt the integrity or performance of the Service
• Exceed rate limits or abuse Application Programming Interface (API) access
• Share your account credentials with unauthorized third parties
• Use the Service to collect, store, or process sensitive personal data (e.g., health, financial, or biometric data) without proper legal basis

We reserve the right to suspend or terminate accounts that violate these usage restrictions without prior notice.

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. By subscribing, you authorize us to charge the applicable fees to your designated payment method.

• Pricing: All prices are displayed in euros (EUR) unless otherwise stated. Prices are exclusive of applicable taxes unless indicated.
• Renewals: Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date.
• Refunds: Fees are generally non-refundable except as required by applicable consumer protection laws or as specified in your service agreement.
• Price changes: We reserve the right to modify pricing with at least 30 days’ written notice. Continued use after the effective date constitutes acceptance of the new pricing.
• Failed payments: If a payment fails, we may suspend access to the Service until the outstanding balance is settled.

All content, features, functionality, software, designs, trademarks, and proprietary technology of SalesMind AI are owned by us or our licensors and are protected by Singapore and international copyright, trademark, patent, and other intellectual property laws.

• Your content: You retain ownership of all data and content you submit to the Service. By using the Service, you grant us a limited, non-exclusive license to process your content solely for the purpose of delivering the Service.
• Our platform: You may not copy, modify, distribute, sell, or lease any part of the Service or its underlying technology without our express written consent.
• White-label partners: Partners receive a limited, revocable license to use our technology under their own brand as specified in their separate partnership agreement.
• Feedback: Any suggestions, ideas, or feedback you provide about the Service may be used by us without obligation or compensation to you.

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

Where you process personal data of third parties through our Service (e.g., prospect data), you are the data controller and are responsible for ensuring compliance with applicable data protection laws, including GDPR. We act as a data processor on your behalf and will process such data in accordance with your instructions and our Data Processing Agreement (DPA), available upon request.

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service is provided on an "as is" and "as available" basis.

To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by applicable law:

• SalesMind AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service
• Our total aggregate liability for any claims arising under these Terms shall not exceed the total amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim
• We shall not be liable for any loss of data, profits, revenue, business opportunities, or goodwill

Nothing in these Terms excludes or limits liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be lawfully excluded under Singapore or applicable law.

You agree to indemnify, defend, and hold harmless SalesMind AI, its operators, employees, and partners from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Service in violation of these Terms
• Your violation of any applicable law or third-party rights
• Any data you process through the Service in violation of data protection laws

By you: You may cancel your subscription and close your account at any time through your account settings or by contacting us at legal@sales-mind.ai.

By us: We may suspend or terminate your account immediately and without prior notice if you breach these Terms, engage in fraudulent activity, or if required by law.

Effect of termination: Upon termination, your right to use the Service ceases immediately. You will have 30 days from the date of termination to export your data. After this period, we may delete your data in accordance with our retention policies and applicable law.

Sections relating to intellectual property, limitation of liability, indemnification, and governing law survive termination.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we will notify you via email.

Your continued use of the Service after such changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must stop using the Service and close your account.

These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts of Singapore. For consumers residing in the EU, mandatory consumer protection laws of your country of residence may apply.

Before initiating legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of 30 days.

• Entire agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and SalesMind AI regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• Force majeure: We shall not be liable for any failure to perform due to circumstances beyond our reasonable control.

For questions about these Terms of Service, please contact us:

• Email: legal@sales-mind.ai
• Operator: Julien Gadea, SalesMind AI
• Location: Singapore