Terms of Service

1. Acceptance

By accessing or using the Salesmotion website, product, and any related services (together, the "Service"), including the application at https://app.sales-motion.com, you agree to be bound by these Terms of Service and our Privacy Policy. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms.

2. Relationship to other agreements

Where your organisation has entered into a written subscription or services agreement with Salesmotion, that agreement controls to the extent it conflicts with these terms.

3. Eligibility and accounts

You must be at least 16 years old and legally able to enter into a contract to use the Service. Access is granted through your organisation, which controls who is admitted to its workspace and may terminate your access. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us at legal@sales-motion.com if you suspect unauthorised access.

4. Acceptable use

You agree not to:

• Use the Service to violate any law, regulation, or third-party right.
• Attempt to gain unauthorised access to the Service or its related systems or networks, or to access data outside your organisation's workspace.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent expressly permitted by law.
• Send spam, malicious code, or content that is unlawful, harmful, or infringing, or misuse the proposed-action features to send unauthorised communications.
• Use the Service to develop a competing product, or to benchmark it, without our prior written consent.
• Nothing in this section prohibits good-faith security research or the responsible disclosure of a suspected vulnerability to privacy@sales-motion.com.

5. Proposed actions and your approval

Salesmotion proposes actions on your behalf — including drafting and sending email from your mailbox, changing the state of messages in your mailbox such as starring, archiving, or moving to Trash, and creating or updating calendar events. These actions are executed only after you review and approve them.

You are responsible for reviewing the content and effect of any action before approving it. Salesmotion is not responsible for communications sent, or other actions taken, as a result of your approval.

Proposals are generated in part by automated and AI-driven analysis and may contain errors, omissions, or inaccuracies. You are responsible for verifying any output before relying on it.

6. Your content

"Customer Content" means content you submit to the Service, together with data the Service ingests from the third-party systems your organisation connects to it. As between you and Salesmotion, Customer Content belongs to you and your organisation.

You grant Salesmotion a worldwide, non-exclusive licence to host, process, and transmit Customer Content solely to provide and improve user-facing features of the Service for you and your organisation. This licence does not permit us to use Customer Content to train generalised AI/ML models, and our use of data received from Google APIs is further limited by the Google API Services User Data Policy as described in our Privacy Policy. You represent that you and your organisation have all rights necessary to grant this licence.

7. Third-party services

The Service connects to third-party services, including Google Workspace (Gmail and Calendar), Salesforce, and Gong. Your use of those services is subject to their own terms and privacy policies, and Salesmotion is not responsible for them. You may disconnect a third-party service at any time from Settings → Integrations.

8. Fees

Some features of the Service are offered under a separate subscription agreement. If you have such an agreement, the fees, payment terms, and cancellation rules there apply. Free or preview access is provided as-is and may be changed or withdrawn at any time.

9. Intellectual property

The Service, including all software, designs, documentation, and trademarks, is owned by Salesmotion or its licensors. Except for the rights expressly granted here, no rights are granted to you.

10. Confidentiality

Each party will protect the other's non-public information with the same care it uses for its own confidential information and will use it only to perform under these terms.

11. Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AUTOMATED OR AI-GENERATED SUGGESTIONS WILL BE ACCURATE OR COMPLETE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SALESMOTION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING ANY ACTION YOU APPROVE FOR EXECUTION. OUR AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD 100) OR THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.

13. Indemnification

You agree to defend and indemnify Salesmotion from any claim arising out of your Customer Content or your breach of these terms.

14. Termination

You may stop using the Service at any time. Your organisation may terminate your access at any time. We may suspend or terminate your access if you materially breach these terms. Sections that by their nature should survive termination will survive.

15. Governing law

These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. The state and federal courts of Delaware will have exclusive jurisdiction over any dispute, subject to any mandatory rights available to consumers in their place of residence.

16. Changes

We may update these terms from time to time. Material changes will be signalled by updating the "Effective" date and, where appropriate, by in-product notice.

17. Contact

Salesmotion, Inc. — legal@sales-motion.com.