Terms of Service

Sellsmith is a hosted sales platform: a CRM, email sequencing, a unified inbox, scheduling, meeting recording and pipeline analytics, with AI features layered over them. We provide it on a subscription basis and we improve it continuously, which means features change. We will not make a material reduction to a feature you pay for without telling you first.

You must be at least 16 and able to form a binding contract. Keep your credentials secure, use multi-factor authentication where offered, and tell us promptly at hello@sellsmith.io if you suspect unauthorised access. You are responsible for what happens under your account, including what the people you invite to your workspace do.

Paid plans are billed in advance through Stripe on the cycle shown at checkout, and renew automatically until cancelled. Some features are metered and billed on usage. Current prices are shown in the product; we will give at least 30 days notice before a price increase takes effect for you.

You can cancel at any time. Cancellation stops the next renewal and takes effect at the end of the period you have paid for. We do not give pro-rata refunds for a partial period unless the law where you are requires it. Fees are exclusive of VAT and other taxes, which we add where applicable.

If a trial is offered, it converts to a paid plan at the end of the trial period unless you cancel first. We will tell you before that happens. If payment fails we may suspend the workspace after giving you notice and a chance to fix it.

Do not use Sellsmith to:

• send unsolicited bulk email, or any email that breaks the anti-spam and direct-marketing rules that apply to your recipients, including GDPR, PECR and CAN-SPAM;
• contact people you have no lawful basis to contact, or continue contacting someone after they have opted out;
• upload or process data you do not have the right to process;
• harvest data from a third-party service in breach of that service's terms, including automated scraping of LinkedIn;
• impersonate anyone, or misrepresent who a message is from;
• record a call in a way that breaks the recording-consent law that applies to the people on it;
• break, overload, probe or reverse engineer the service, or work around its usage limits, rate limits or access controls;
• resell or white-label the service without our written agreement.

Sending practices affect the deliverability of every customer on our shared infrastructure. If your use puts that at risk, or breaks these rules, we may throttle sending, suspend the feature or suspend the account. We will tell you why, and we will use the least disruptive step that addresses the problem, except where the risk is severe or immediate.

You own the data you put into Sellsmith. You grant us the licence we need to host, process, transmit and display it in order to run the service for you, including sending it to the sub-processors listed in our Privacy Policy. We claim no other rights over it.

For personal data about your contacts and customers you are the controller and we are your processor. You are responsible for having a lawful basis for that data, for giving those people the notices they are owed, and for responding to their requests. Our Privacy Policy, including its sub-processor list, forms our data processing terms; if you need a separate signed DPA, ask us.

You can export your data at any time while your subscription is active. After termination we retain it for 30 days so you can retrieve it, then delete or anonymise it as described in the Privacy Policy.

Sellsmith can record and transcribe meetings, and it gives you consent tooling to configure: a pre-meeting notice, an in-call notice, and a strict mode for jurisdictions that require all-party consent.

Whether you may lawfully record a given call, and what notice or consent that requires, depends on where every participant is. That is your call to make, not ours. By enabling recording you confirm you will obtain the consent the law requires, and you accept responsibility for recordings made from your workspace.

Sellsmith drafts emails, summarises calls and infers signals about deals using large language models. This output is generated, and it can be inaccurate, incomplete or misleading. It is a draft for a human to review, and you are responsible for anything you send or decide based on it.

We do not warrant that AI output is accurate or fit for any particular purpose, and we give no professional advice of any kind through it. We may apply fair-use limits to AI features to keep the service stable.

Connecting Google, Microsoft, Stripe, Cal.com or any other third-party service is governed by that provider's own terms as well as these. We are not responsible for a third-party service changing, breaking, rate-limiting or withdrawing its API, and doing so does not entitle you to a refund, though we will tell you and adapt where we reasonably can.

We own the Sellsmith software, brand and documentation, and everything in the service other than your data. You get a non-exclusive, non-transferable right to use it for the term of your subscription. You may not copy, modify, decompile or create derivative works from it, except to the extent the law says you may regardless.

If you send us feedback or suggestions, we may use them freely and without owing you anything.

We aim to keep Sellsmith available and we monitor it continuously, but we do not commit to a specific uptime figure unless we have agreed one with you in writing. We may take the service down for planned maintenance, and we will give notice where we reasonably can. Support is by email at hello@sellsmith.io.

You can close your account at any time. We may suspend or terminate your access if you materially breach these terms, if your use puts the service or other customers at risk, if payment fails and stays unresolved, or if we are required to by law. Except where the breach is severe or we are legally obliged to act immediately, we will give you notice and a reasonable chance to fix it.

Sections 5, 9, 12, 13 and 14 survive termination, along with any fees already owed.

Except as these terms expressly state, the service is provided “as is”. We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law allows. We do not warrant that the service will be uninterrupted or error free, or that it will produce any particular sales result.

Neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, lost revenue, lost business or lost data, however caused.

Our total aggregate liability arising out of or relating to these terms is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.

Nothing in these terms excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded. If you are a consumer, your statutory rights are unaffected.

You will indemnify us against claims, losses and reasonable costs arising from your use of the service in breach of these terms, from data you process through it without a lawful basis, or from a recording made from your workspace without the consent the law required.

We may update these terms. For material changes we will give at least 30 days notice by email or in the product, and the change takes effect at the end of that period. If you do not accept it, you may cancel before it takes effect. Continuing to use Sellsmith after that means you accept the updated terms.

These terms are governed by the laws of the Netherlands, and the courts of the Netherlands have exclusive jurisdiction, except that if you are a consumer you keep the right to bring proceedings in the courts of the country where you live.

These terms, together with the Privacy Policy, are the entire agreement between us and replace anything said before. If a provision is held unenforceable, the rest stands. Not enforcing a right is not a waiver of it. You may not assign these terms without our consent; we may assign them to a successor in connection with a merger, acquisition or sale of assets.

Questions about these terms: hello@sellsmith.io. You are contracting with: