Terms & Conditions

5. User-Generated Content

A. User-Generated Content Registered, active users of BETTER SALES PRO may submit, post, and/or contribute ("submit") content to the Service which may include for example videos, text, messages, information, deal or customer notes, financial details, ideas, reviews, comments, photos, or other content to BETTER SALES PRO and the Sites ("Submissions"). All Submissions must comply with the BETTER SALES PRO Community Guidelines below. You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, including our Community Guidelines, the rights of any third party or applicable laws. You are solely responsible for your Submissions. BETTER SALES PRO may, but is not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions.

B. License By using the services, any user-generated content Submissions grants BETTER SALES PRO a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions in any form or media. BETTER SALES PRO may, but is not obligated to, post the name, title, or other identifying information associated with the Submission.

Any information you provide, directly or indirectly to BETTER SALES PRO, shall be granted a perpetual unlimited license to use, publish, distribute, remove, add, process, edit and commercialize, in any form, without any further consent, notice and/or compensation to you or to any third parties.

C. Disclaimer BETTER SALES PRO takes no responsibility and assumes no liability for any Submissions posted by you or any third party. Any use of any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. BETTER SALES PRO may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. BETTER SALES PRO is not responsible for another's misuse of any submission or anything else you post on BETTER SALES PRO.

6. User Guidelines

BETTER SALES PRO values and respects intellectual property rights and expects the same from our users and partners. In order to have a fair and balanced service and market place, we have developed certain rules and guidelines each user is required to follow when using the service. Please follow these rules and encourage other users to do the same.

A. The following is not permitted for any reason whatsoever:

• Copying, redistributing, reproducing, transferring, performing or displaying to the public, or making available to the public any part of the BETTER SALES PRO Service or the Content, or otherwise making any use of the BETTER SALES PRO Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights of BETTER SALES PRO.
• Using the Services to publish, import, upload or copy any local files you do not have the legal right to publish.
• Transferring any copies of files or cached content from an authorized device to any other device.
• Reverse-engineering, decompiling, disassembling, modifying or creating derivative works based on the BETTER SALES PRO Services, Content of any part thereof unless permitted by applicable law.
• Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content).
• Selling, renting, sublicensing or leasing of any part of the Service or the Content.
• Circumventing any territorial restrictions applied by BETTER SALES PRO of its licensors.
• Sharing or Providing your password and/or login details to any other person or using any other person's username and password.
• No solicitation unless specifically allowed by the Service features.

B. BETTER SALES PRO is proud of our ethics. Please respect the owners of the Content and other users of the Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

• is offensive, abusive, defamatory, pornographic, threatening, or obscene.
• is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of BETTER SALES PRO or a third party.
• includes your password or purposely includes any other user's personal data or purposely includes personal data of third parties or is intended to solicit such personal data.
• involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, using any data or other means of the BETTER SALES PRO service.
• is intended to harass any other users.
• impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading.
• uses automated means to artificially promote content.
• involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by BETTER SALES PRO.
• tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or BETTER SALES PRO’s computer systems, network, usage rules, or any of Service’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your BETTER SALES PRO account. You also agree that BETTER SALES PRO may also reclaim your username for any reason.

C. Prohibited System Access and Security Activities In addition to the restrictions set forth above, you are strictly prohibited from engaging in any of the following activities with respect to the BETTER SALES PRO Platform, Services, Content, or systems:

• No Automated Data Collection: Do not use bots, crawlers, scrapers, or other automated means to access, collect data, or otherwise interact with the BETTER SALES PRO Platform or Content. Automated access is only permitted for legitimate web search engine indexing purposes with prior written consent.
• No Web Scraping: Do not scrape, extract, harvest, or collect any data, images, or other content from the BETTER SALES PRO Platform for any purpose, including but not limited to use in competing services, content aggregation, data analysis, or redistribution.
• No Security Circumvention: Do not hack, breach, avoid, remove, disable, impair, or otherwise attempt to circumvent any security measures, technological measures, access controls, authentication mechanisms, or other protective systems used to safeguard the BETTER SALES PRO Platform, Services, or Content.
• No Reverse Engineering: Do not decipher, decompile, disassemble, reverse engineer, or attempt to derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of any software, hardware, or systems used to provide the BETTER SALES PRO Platform or Services.
• No System Interference: Do not take any action that could damage, disable, overburden, impair, or adversely affect the performance, proper functioning, availability, or accessibility of the BETTER SALES PRO Platform, Services, servers, networks, or infrastructure.
• No Denial of Service Attacks: Do not engage in any form of denial of service attack, distributed denial of service attack, or any other attempt to disrupt or interfere with the Services or access by other users.
• No Unauthorized Access: Do not attempt to gain unauthorized access to any portion of the BETTER SALES PRO Platform, other users' accounts, computer systems, or networks connected to the Services through hacking, password mining, or any other means.
• No Data Mining: Do not engage in unauthorized data mining, data harvesting, data extraction, or screen scraping activities on the BETTER SALES PRO Platform.

Violation of any of these prohibitions may result in immediate termination of your account, legal action, and reporting to appropriate law enforcement authorities. BETTER SALES PRO reserves the right to investigate and prosecute violations of any of these restrictions to the fullest extent of the law. BETTER SALES PRO may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

D. Message Boards BETTER SALES PRO offers forums where you can post your observations and comments on designated topics. BETTER SALES PRO account holders can create forum topic threads. BETTER SALES PRO, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that everything you share in a forum may be seen and used by other users of the Services.

E. Reviews and Testimonials BETTER SALES PRO may publish user-submitted reviews or testimonials about third-party vendors, integrations, or service providers where we offer that feature. Reviews must be truthful and comply with these Terms. BETTER SALES PRO may remove reviews that violate law or policy. Questions about reviews may be sent to support@bettersalespro.com.

7. How BETTER SALES PRO May Communicate with You

For purposes of responding to you and providing information and notices about your account or the Services (such as product updates, security alerts, billing, and support), you agree that BETTER SALES PRO may communicate with you through the contact information associated with your BETTER SALES PRO account or BETTER SALES PRO Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from BETTER SALES PRO. BETTER SALES PRO has no liability arising from your failure to maintain accurate contact or other information, including your failure to receive critical information about the Services. If you use features that connect you with third parties (for example integrations or partner offers), your use of those features may be subject to additional notices or consents; BETTER SALES PRO is not responsible for communications sent directly by third parties.

Telephone Communications and Consent to Contact: By providing your telephone number(s) to BETTER SALES PRO, you expressly consent and authorize BETTER SALES PRO, its agents, employees, representatives, affiliates, and third-party service providers to contact you at any telephone number you provide (including mobile, cellular, or wireless numbers), for any purpose related to your account, transactions, the Services, or as otherwise permitted by these Terms. This express consent includes contact by:

• Live voice calls initiated by human agents
• Artificial or prerecorded voice messages
• Automatic telephone dialing systems (auto-dialers)
• Predictive dialers
• Interactive voice response (IVR) systems
• Any other automated or manual calling technology

You acknowledge that by providing your telephone number, you may receive calls from BETTER SALES PRO, and you agree that such communications do not violate any federal or state telemarketing, do-not-call, or similar laws or regulations, including but not limited to the Telephone Consumer Protection Act (TCPA). You represent that you are the authorized user of the telephone number(s) you provide to BETTER SALES PRO. You agree to notify BETTER SALES PRO immediately if you change your telephone number or if you are no longer the authorized user of the number. Standard telephone minute and text messaging rates charged by your telephone carrier will apply to calls and messages you receive from BETTER SALES PRO. BETTER SALES PRO is not responsible for any charges you may incur for communications from us.

Consent to Receive SMS/MMS Text Messages and Electronic Communications: By providing your mobile telephone number and/or email address to BETTER SALES PRO and by using the Services, you expressly consent to receive text messages (SMS and MMS), emails, push notifications, in-app messages, and other electronic communications from BETTER SALES PRO, its agents, representatives, affiliates, and third-party service providers. These communications may include, but are not limited to:

• Transactional messages related to your account, billing, security, and service requests
• Informational messages about product features, usage tips, and service updates
• Promotional and marketing messages about BETTER SALES PRO services and special offers (where you have provided consent for marketing communications)
• Operational messages including system notifications, alerts, and service updates
• Customer service communications and responses to your inquiries
• Appointment reminders and scheduling confirmations
• Verification codes and authentication messages
• Survey and feedback requests

You acknowledge and agree that messages may be sent using an automatic telephone dialing system or other automated technology. Message and data rates may apply. The frequency of messages will vary depending on your interactions with BETTER SALES PRO and the nature of your account. You can opt-out of marketing text messages at any time by replying "STOP" to any marketing message, but you may continue to receive transactional and operational messages related to your account and use of the Services. You agree to maintain accurate contact information and to notify us immediately of any changes to your mobile number or email address. See Section 12 (SMS/MMS Messaging Terms) for additional details regarding text messaging.

Express Consent to Recording of All Communications: YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND, AND CONSENT THAT BETTER SALES PRO MAY MONITOR, INTERCEPT, RECORD, STORE, TRANSCRIBE, AND RETAIN ANY AND ALL COMMUNICATIONS, CONVERSATIONS, AND INTERACTIONS BETWEEN YOU AND BETTER SALES PRO OR ITS REPRESENTATIVES, REGARDLESS OF THE MEDIUM OR METHOD OF COMMUNICATION. This express consent includes, without limitation:

• Telephone Calls: All incoming and outgoing telephone calls, whether initiated by you or BETTER SALES PRO, including calls to customer service, sales representatives, support staff, or any other BETTER SALES PRO personnel
• Text Messages: All SMS and MMS text messages sent to or received from BETTER SALES PRO, including message content, images, videos, and metadata
• Emails: All email communications sent to or received from BETTER SALES PRO email addresses, including message body, attachments, headers, and metadata
• Video Calls: All video conferencing sessions and video communications conducted through any platform we use to support the Services
• Chat and Messaging: All live chat sessions, instant messages, in-app messaging, and communications through the BETTER SALES PRO platform
• Social Media: Communications through social media platforms where BETTER SALES PRO maintains a presence
• In-Person Conversations: Where permitted by law, conversations at BETTER SALES PRO offices or other business locations may be recorded via audio or video surveillance
• Voicemail Messages: Any voicemail messages you leave for BETTER SALES PRO personnel or systems
• Screen Recordings: Your interactions with BETTER SALES PRO websites, applications, and digital platforms, including screen recordings and session replays

Purpose and Use of Recorded Communications: Recorded communications may be monitored, reviewed, analyzed, and retained for the following purposes: (a) quality assurance and service improvement; (b) training of staff; (c) legal and regulatory compliance; (d) dispute resolution and evidence in legal proceedings; (e) fraud detection and prevention; (f) security and risk management; (g) customer service evaluation; (h) business analytics and performance monitoring; (i) enforcement of these Terms of Use; (j) verification of instructions and agreements; and (k) any other lawful business purpose. By continuing to communicate with BETTER SALES PRO after receiving notice of this recording policy, you reaffirm your consent to such recording. Where required by applicable law, you will receive notification at the beginning of recorded telephone calls (e.g., "This call may be monitored or recorded for quality assurance purposes"). Your decision to continue the communication after receiving such notice constitutes your express consent to the recording.

Retention and Storage of Communications: BETTER SALES PRO may retain recorded communications for such period as BETTER SALES PRO deems necessary or appropriate for the purposes stated above, or as required by applicable law or regulation. Retention periods may vary based on the type of communication, the nature of the transaction, legal requirements, and business needs. Recorded communications are stored securely in accordance with BETTER SALES PRO's data security practices and Privacy Policy. You acknowledge that recorded communications may be subject to disclosure pursuant to legal process, regulatory requirements, or as otherwise described in our Privacy Policy.

Withdrawal of Consent: While you have provided express consent to communications and recording as a condition of using the Services, you may withdraw your consent for marketing communications at any time by contacting us at privacy@bettersalespro.com or by following the opt-out instructions provided in marketing messages. However, you acknowledge that withdrawing consent for transactional, operational, or service-related communications may limit or prevent your ability to use the Services, and may result in termination of your account. Withdrawal of consent to recording does not apply retroactively to communications already recorded prior to your withdrawal. Some communications may be required by law to be recorded, and in such cases, your withdrawal of consent may result in BETTER SALES PRO's inability to provide certain services to you.

8. Third Party Sites

BETTER SALES PRO may include links to third party websites ("Third Party Sites") in its Services. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. BETTER SALES PRO is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.

9. BETTER SALES PRO Applications

BETTER SALES PRO offers services through applications built using BETTER SALES PRO's platform ("BETTER SALES PRO Applications"). Examples of BETTER SALES PRO Applications include, without limitation, its smart phone applications (BETTER SALES PRO for Android, BETTER SALES PRO for iPad, or BETTER SALES PRO for iPhone), and BETTER SALES PRO "Share" buttons, which allow you to share your activities on the Sites with your friends using social media or email. You acknowledge you are responsible for all charges and necessary permissions related to accessing BETTER SALES PRO through your mobile access provider.

A. Geolocation Services: The BETTER SALES PRO Applications may use location-based services when a feature you enable requires it (for example routing, territory display, or check-in style workflows). By using those features, you consent to our collection, use, and sharing of your location data as described in our Privacy Policy. You may disable location services at any time through your device settings, but doing so may limit related functionality. Location data is collected, processed, and stored in accordance with our Privacy Policy and applicable law.

B. Beta Features and Experimental Services: From time to time, BETTER SALES PRO may offer features, tools, or services that are designated as "beta," "preview," "experimental," "trial," or similar designations (collectively, "Beta Features"). Beta Features are provided "AS-IS" without any warranties, express or implied, and may contain bugs, errors, or defects. Beta Features may not function properly, may cause disruptions to other services, and may be modified or discontinued at any time without notice. Your use of Beta Features is entirely at your own risk. BETTER SALES PRO makes no commitments that Beta Features will be made generally available or that any specific functionality will be maintained. Feedback you provide regarding Beta Features may be used by BETTER SALES PRO without any obligation to you. The disclaimers and limitations of liability in these Terms apply with full force to Beta Features. BETTER SALES PRO may collect additional usage data regarding Beta Features to improve the Services.

10. Apple App Store Terms

If you access or download the BETTER SALES PRO application from the Apple App Store, you acknowledge and agree that:

A. These Terms of Use are concluded between you and BETTER SALES PRO only, and not with Apple Inc. ("Apple"). As between BETTER SALES PRO and Apple, BETTER SALES PRO, not Apple, is solely responsible for the BETTER SALES PRO application and the content thereof.

B. Your use of the BETTER SALES PRO application must comply with Apple's then-current App Store Terms of Service and Apple's Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.

C. The license granted to you for the BETTER SALES PRO application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in Apple's App Store Terms of Service, except that such application may be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing programs.

D. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the BETTER SALES PRO application. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be BETTER SALES PRO's sole responsibility.

E. BETTER SALES PRO, not Apple, is responsible for addressing any claims you or any third party may have relating to the BETTER SALES PRO application or your possession and/or use of the application, including, but not limited to: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

F. In the event of any third-party claim that the BETTER SALES PRO application or your possession and use of the application infringes that third party's intellectual property rights, BETTER SALES PRO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

G. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

H. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Google Services Terms

The BETTER SALES PRO platform utilizes various Google services to enhance your experience. Your use of these services is subject to the following terms and conditions:

A. Google Translate - Certain features of the BETTER SALES PRO software may include translations powered by Google Translate. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Translations are provided for your convenience only, and BETTER SALES PRO makes no representations or warranties regarding the accuracy or completeness of any translated content. You should not rely solely on translated content for important decisions or legal matters.

B. Google Maps/Earth - The BETTER SALES PRO platform incorporates mapping services provided by Google Maps/Earth, including Google Maps API(s). Your use of Google Maps/Earth through the BETTER SALES PRO platform is subject to the following:

(i) Google Maps/Google Earth Additional Terms of Service available at https://maps.google.com/help/terms_maps.html;

(ii) Google Privacy Policy available at https://www.google.com/policies/privacy/;

(iii) Google Maps/Google Earth Legal Notices available at https://maps.google.com/help/legalnotices_maps.html.

C. Restrictions on Use - You agree not to: (i) use Google services in a manner that violates Google's terms of service or policies; (ii) copy, modify, or create derivative works of any Google content; (iii) reverse engineer or attempt to extract source code from Google services; or (iv) use Google services for any illegal or unauthorized purpose.

D. Attribution - Portions of the BETTER SALES PRO platform that use Google Maps are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License. Where required, BETTER SALES PRO will display appropriate attribution to Google for its services.

E. Changes to Google Services - Google may change, suspend, or discontinue any of its services at any time without notice. BETTER SALES PRO is not responsible for any changes, suspension, or discontinuation of Google services that may affect your use of the BETTER SALES PRO platform.

F. No Endorsement - The use of Google services on the BETTER SALES PRO platform does not imply any endorsement by Google of BETTER SALES PRO or its services. Google is not affiliated with BETTER SALES PRO and has no responsibility for the BETTER SALES PRO platform or services.

12. SMS/MMS Messaging Terms

1. User Consent for SMS/MMS Messaging
By providing your mobile phone number and opting-in to receive SMS or MMS messages from BETTER SALES PRO, you consent to receive text messages, including messages sent by an automatic telephone dialing system, at the mobile phone number provided. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services from BETTER SALES PRO.

2. Message Frequency
The number of messages you receive will vary based on your interaction with BETTER SALES PRO services. Standard message and data rates may apply.

3. Opting Out of SMS/MMS Messaging
You can opt-out of receiving text messages from BETTER SALES PRO at any time by replying "STOP" to any text message from BETTER SALES PRO. You will receive a one-time opt-out confirmation text message. If you opt-out, you agree to receive this confirmation message. You can also opt-out by contacting our customer service team.

4. Help and Support
If you need assistance with SMS/MMS messaging, reply "HELP" to any text message or contact our customer service team at support@bettersalespro.com. Standard message and data rates may apply to any messages sent and received.

5. Privacy and Security
Your privacy is important to us. Our Privacy Policy (http://www.bettersalespro.com/privacy) describes how we collect, use, and share your personal information. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this policy.

6. Changes to SMS/MMS Messaging Terms
BETTER SALES PRO reserves the right to modify these SMS/MMS Messaging Terms at any time. Any changes will be effective immediately upon posting to this page. Your continued receipt of text messages from BETTER SALES PRO will constitute your acceptance of any changes.

12.2 Termination
You may terminate this agreement at any time by sending us an email or by deleting your account. BETTER SALES PRO Software may terminate this agreement and your account for any reason by providing you 30 days' notice via email or using any other contact information you have provided for your account. BETTER SALES PRO Inc. may also terminate this agreement immediately and without notice and stop providing access to the BETTER SALES PRO Software if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect BETTER SALES PRO Inc, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

Company reserves the right to change our services, including to add or remove features and functionalities or change the types of content or integrations we accept or allow on the platform, including but not limited to: improve or update our services, prevent abuse, or respond to legal requirements.

13. Termination and Suspension

You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you'd like to deactivate your account, please visit your Account Settings or contact Customer Service. BETTER SALES PRO may terminate this Agreement or your account at any time, with or without notice.

Account Suspension: BETTER SALES PRO reserves the right to immediately suspend or restrict your access to all or any part of the Services, with or without prior notice, if: (a) you breach or violate any provision of these Terms of Use; (b) your account is being used in a manner that could cause legal liability for BETTER SALES PRO or other users; (c) your account activity indicates potential fraudulent, illegal, or unauthorized activity; (d) we are required to do so by law or legal process; (e) we reasonably believe suspension is necessary to protect the security, integrity, or availability of the Services; (f) your account has outstanding unpaid fees or charges; (g) you are engaging in conduct that we determine, in our sole discretion, is harmful to BETTER SALES PRO, our users, or third parties; or (h) we reasonably suspect any violation of applicable laws, regulations, or third-party rights. During any suspension period, you will not be able to access your account or use the Services, but your data will be preserved in accordance with our data retention policies. Suspension does not relieve you of your obligations to pay any outstanding fees owed to BETTER SALES PRO. We will use reasonable efforts to provide you with notice of the suspension and an opportunity to cure the issue, except in cases where immediate suspension is required for legal, security, or safety reasons. BETTER SALES PRO is not liable for any damages, losses, or harm arising from account suspension, and you agree that suspension does not entitle you to any refunds or credits unless expressly required by applicable law.

Effect of Termination: Upon termination or expiration of your account, whether by you or by BETTER SALES PRO: (i) your right to access and use the Services immediately ceases; (ii) you must immediately cease all use of any BETTER SALES PRO trademarks, logos, or other proprietary materials; (iii) all outstanding fees and charges owed to BETTER SALES PRO become immediately due and payable; (iv) BETTER SALES PRO may, but is not obligated to, delete your account data and Content in accordance with our data retention policies; and (v) you remain liable for all obligations incurred prior to termination. You acknowledge that BETTER SALES PRO has no obligation to maintain, export, or return your Content after termination, and you should maintain your own backups.

Survival of Terms: Upon termination of your account or this Agreement, the following provisions shall survive and continue in full force and effect: Sections 2 (Intellectual Property Ownership and License), 5 (User-Generated Content - License provisions), 6 (User Guidelines - to the extent of prior violations), 13 (Termination), 14 (Indemnification), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Dispute Resolution), and 18 (Additional Legal Terms). Any obligations or liabilities that accrued prior to termination shall survive termination. All licenses granted by you to BETTER SALES PRO under these Terms shall survive termination.

14. Indemnification

You agree to indemnify BETTER SALES PRO and hold BETTER SALES PRO harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the BETTER SALES PRO Sites or using the BETTER SALES PRO Services.

15. Disclaimers

BETTER SALES PRO PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. BETTER SALES PRO DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BETTER SALES PRO AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY BETTER SALES PRO OR ANYTHING RELATED TO BETTER SALES PRO, YOU MAY DEACTIVATE YOUR BETTER SALES PRO ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 13 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. BETTER SALES PRO IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH BETTER SALES PRO TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. BETTER SALES PRO DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, BETTER SALES PRO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. BETTER SALES PRO DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. BETTER SALES PRO DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BETTER SALES PRO DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

No Professional Advice: THE INFORMATION, TOOLS, AND SERVICES PROVIDED THROUGH THE BETTER SALES PRO PLATFORM ARE FOR GENERAL BUSINESS AND OPERATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. CRM reports, dashboards, forecasts, or templates are not a substitute for advice tailored to your situation. BETTER SALES PRO is not your attorney, accountant, or fiduciary unless you have entered into a separate written agreement specifically establishing such a relationship. You should consult appropriate licensed professionals before making decisions with legal, tax, or regulatory impact. BETTER SALES PRO expressly disclaims liability arising from your reliance on information provided through the Services without obtaining appropriate professional advice.

IN NO EVENT WILL BETTER SALES PRO OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST BETTER SALES PRO OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by BETTER SALES PRO, or to any acts or omissions for which you may contend BETTER SALES PRO is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Tampa, Florida. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by BETTER SALES PRO. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Tampa, Florida or the Middle District of Florida. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

CLASS ACTION WAIVER: YOU AND BETTER SALES PRO 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 OR REPRESENTATIVE PROCEEDING. Unless both you and BETTER SALES PRO agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and BETTER SALES PRO, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Tampa, Florida or the Middle District of Florida. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.

B. Notices You may contact us here. Or via mail or courier at: BETTER SALES PRO Inc. ATTN: Legal, 4007 Riverview Blvd, Bradenton, FL 34209.

C. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and BETTER SALES PRO regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BETTER SALES PRO services.

D. Amendments to This Agreement We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at https://www.bettersalespro.com or notifying you otherwise. For example, we may present a notification on the Services when we have materially amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 13 (Termination).

E. No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

F. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.

G. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, BETTER SALES PRO for any third party that assumes our rights and obligations under this Agreement.

H. Legal Mandates BETTER SALES PRO may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described in Section 13 (Termination). Such actions may include, but are not limited to, suspending or terminating your account, removing or disabling access to content, disclosing user information to authorities, or implementing restrictions on the use of the Services. BETTER SALES PRO will not be liable to you or any third party for taking such actions in good faith compliance with legal requirements.

I. Force Majeure BETTER SALES PRO shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemics, epidemics, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of a force majeure event, BETTER SALES PRO's performance obligations shall be suspended for the duration of such event, and BETTER SALES PRO shall have an extension of time for performance equal to the period of delay caused by such event. If the force majeure event continues for more than ninety (90) days, either party may terminate this Agreement upon written notice to the other party.

J. No Agency Relationship No agency, partnership, joint venture, employment, or franchise relationship is created between you and BETTER SALES PRO by these Terms of Use or by your use of the Services. Your use of the software does not create a fiduciary relationship between you and BETTER SALES PRO unless you have entered into a separate written agreement that expressly establishes one. Neither party has any authority to bind the other or to incur any obligation on behalf of the other. You may not represent yourself as an employee or representative of BETTER SALES PRO except where we authorize you in writing (for example as a formally designated reseller or contractor).

K. Feedback and Suggestions: If you provide BETTER SALES PRO with any feedback, suggestions, ideas, recommendations, proposals, comments, or other input regarding the Services, our business operations, or any aspect of BETTER SALES PRO's operations ("Feedback"), you hereby grant BETTER SALES PRO a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Feedback (in whole or in part) and to incorporate the Feedback into current or future products, services, or technologies without any obligation to compensate you or any third party. You represent and warrant that: (i) you have all necessary rights to provide the Feedback to BETTER SALES PRO; (ii) the Feedback does not violate any third-party rights; and (iii) the Feedback does not contain any confidential or proprietary information. You acknowledge and agree that BETTER SALES PRO is under no obligation to: (a) maintain any Feedback in confidence; (b) pay you any compensation for the Feedback; or (c) respond to or implement any Feedback. BETTER SALES PRO may use Feedback for any purpose, including but not limited to developing, improving, or marketing products and services.

K-1. Competitor Restrictions: If you are a direct competitor of BETTER SALES PRO (defined as any individual or entity that offers or plans to offer software or services that substantially compete with the BETTER SALES PRO CRM or related sales-enablement offerings), you are prohibited from accessing or using the Services for competitive intelligence, benchmarking, reverse engineering, developing competing products or services, or any other competitive purposes without BETTER SALES PRO's prior written consent. You may not use the Services to monitor the availability, performance, or functionality of BETTER SALES PRO's platform for competitive purposes or to copy any ideas, features, functions, or graphics. Violation of this provision may result in immediate termination of your access and may subject you to legal liability. BETTER SALES PRO reserves the right to determine, in its sole discretion, who constitutes a direct competitor and to terminate or deny access to anyone we determine to be a competitor. This restriction does not apply to good-faith evaluation of the Services for your own prospective purchase after identifying yourself to us when we request it.

K-2. Service Availability and Uptime: While BETTER SALES PRO strives to provide reliable and continuous access to the Services, we do not guarantee that the Services will be available, accessible, or operational at all times or without interruption. The Services may be subject to planned or unplanned downtime, maintenance, upgrades, outages, delays, failures, or disruptions due to various factors including but not limited to: (i) scheduled maintenance and updates; (ii) hardware or software failures; (iii) network congestion or failures; (iv) third-party service provider issues; (v) cyber attacks, security incidents, or malicious activities; (vi) force majeure events; (vii) traffic spikes or overwhelming demand; or (viii) any other factors beyond BETTER SALES PRO's reasonable control. BETTER SALES PRO MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING SERVICE UPTIME, AVAILABILITY, RELIABILITY, OR PERFORMANCE. You acknowledge that temporary interruptions in service availability may occur and BETTER SALES PRO shall not be liable for any damages, losses, or consequences arising from service unavailability, downtime, or degraded performance. You are solely responsible for maintaining appropriate backup systems and contingency plans for your business operations. BETTER SALES PRO reserves the right to suspend or discontinue any aspect of the Services at any time for maintenance, upgrades, or operational reasons.

K-3. Audit Rights: BETTER SALES PRO reserves the right, upon reasonable notice and during normal business hours, to audit your use of the Services to verify compliance with these Terms of Use, including but not limited to verifying: (i) proper use of licensed services; (ii) compliance with user count or usage limits; (iii) compliance with payment obligations; (iv) proper data handling and security practices; and (v) absence of unauthorized access or use. You agree to cooperate fully with any such audit and to provide BETTER SALES PRO with reasonable access to relevant records, systems, and information. If an audit reveals any non-compliance, unauthorized use, or underpayment of fees, you agree to: (a) immediately cease the non-compliant activity; (b) pay any additional fees owed, plus interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less; and (c) if the underpayment or unauthorized use exceeds 5% of the fees owed, reimburse BETTER SALES PRO for the reasonable costs of conducting the audit. BETTER SALES PRO will treat all information obtained during an audit as confidential, except as required by law or to enforce its rights under these Terms. Failure to cooperate with an audit may result in immediate suspension or termination of your account.

K-4. Publicity and Reference Rights: Unless you expressly opt-out by notifying us in writing at legal@bettersalespro.com, you grant BETTER SALES PRO the right to: (i) identify you (by name and logo) as a customer or user of the Services in BETTER SALES PRO's promotional and marketing materials, including on BETTER SALES PRO's website, in press releases, in customer lists, in case studies, and in other marketing collateral; (ii) describe your use of the Services in general terms (without disclosing confidential information); (iii) include your company name and logo in presentations, proposals, and sales materials; and (iv) issue press releases or other public statements regarding your use of the Services, subject to your prior review and approval of the content. You represent and warrant that you have all necessary rights to grant BETTER SALES PRO the right to use your name, logo, and trademarks for these purposes. You may opt-out of this publicity right at any time by providing written notice to BETTER SALES PRO, and BETTER SALES PRO will cease such use within thirty (30) days of receiving your opt-out request. BETTER SALES PRO agrees to use your name and logo in a manner consistent with your brand guidelines (if provided) and will not imply endorsement of BETTER SALES PRO beyond your actual use of the Services.

K-5. Reasonable Use and Service Limits: Your use of the Services is subject to BETTER SALES PRO's Reasonable Use Policy, which may include limitations on: (i) the number of API calls or requests; (ii) data storage capacity; (iii) bandwidth or data transfer; (iv) number of users or seats; (v) number of records, contacts, or pipelines; (vi) frequency of searches or queries; (vii) email or SMS message volumes; and (viii) any other usage metrics specified in your Subscription Plan or communicated by BETTER SALES PRO. BETTER SALES PRO reserves the right to enforce these limits through technical restrictions, throttling, temporary suspension, or other means to ensure fair use and maintain service quality for all users. Excessive use that significantly exceeds normal usage patterns, degrades system performance, or impacts other users' experience may be deemed a violation of this Reasonable Use Policy. If your usage exceeds the limits of your Subscription Plan, BETTER SALES PRO may: (a) require you to upgrade to a higher-tier plan; (b) charge you additional fees for excess usage; (c) throttle or limit your access; or (d) suspend or terminate your account. BETTER SALES PRO will use commercially reasonable efforts to provide notice before enforcing such limitations, except in cases where immediate action is necessary to protect the Services or other users.

K-6. Formal Notice Procedures: All legal notices required under these Terms must be in writing and will be deemed given: (i) when delivered personally; (ii) when sent by confirmed electronic mail or facsimile; (iii) three (3) business days after being sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after being sent by a nationally recognized overnight courier service. Legal notices to BETTER SALES PRO must be sent to: BETTER SALES PRO Inc., ATTN: Legal Department, 4007 Riverview Blvd, Bradenton, FL 34209, Email: legal@bettersalespro.com. Legal notices to you will be sent to the email address or physical address associated with your account. You agree to keep your contact information current and accurate. BETTER SALES PRO is not responsible for any consequences arising from your failure to maintain accurate contact information or your failure to receive notices sent to the contact information on file. For routine, non-legal communications, BETTER SALES PRO may use any communication method specified in Section 7 (How BETTER SALES PRO May Communicate with You).

K-7. Third-Party Beneficiaries: Except as expressly provided in these Terms (including Section 10 regarding Apple as a third-party beneficiary for Apple App Store Terms and Section 11 regarding Google for Google Services Terms), these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and BETTER SALES PRO. No third party (including but not limited to employees, contractors, subprocessors, integration partners, or other users) has any right to enforce any provision of these Terms. The relationship established by these Terms is solely between you and BETTER SALES PRO, and no third-party beneficiary relationship is created except as explicitly stated herein.

L. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

M. Complaints Regarding Content Posted on the BETTER SALES PRO Website For non-copyright complaints, you may notify us here.

M. Electronic Communications Consent By using the Services, you consent to receive communications from us electronically, including via email, text message, push notifications, or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This consent applies to all interactions with BETTER SALES PRO, including account notifications, transactional communications, marketing messages (subject to opt-out), and legal notices. You have the right to receive a paper copy of any electronic communication by contacting us at support@bettersalespro.com. You may withdraw your consent to receive electronic communications at any time by contacting us, but if you do so, we may terminate your access to the Services. To receive electronic communications, you must have: (a) a valid email address; (b) internet access; (c) a device capable of receiving and displaying electronic communications; and (d) software capable of reading communications in PDF format or HTML.

N. California Consumer Privacy Rights (CCPA) If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) regarding your personal information. These rights include the right to know what personal information we collect, use, disclose, and sell; the right to request deletion of your personal information; the right to opt-out of the sale or sharing of your personal information; the right to correct inaccurate personal information; and the right to limit the use and disclosure of sensitive personal information. California residents also have the right to non-discrimination for exercising their CCPA/CPRA rights. To exercise any of these rights, please contact us at privacy@bettersalespro.com or visit our Privacy Policy at http://www.bettersalespro.com/privacy for detailed information about our data practices and your privacy rights. We will respond to verified requests within the timeframes required by applicable law. You may designate an authorized agent to make requests on your behalf, subject to verification requirements. BETTER SALES PRO does not sell personal information in the traditional sense but may share information for targeted advertising purposes; California residents may opt-out of such sharing.

O. Linking to BETTER SALES PRO Platform: You may link to the BETTER SALES PRO homepage or other publicly accessible pages of the Services, provided you do so in a way that is fair, legal, and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services on any website that you do not own or that contains content that: (i) is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) depicts sexually explicit images; (iv) promotes violence; or (v) is otherwise objectionable. We reserve the right to withdraw linking permission without notice at any time and for any reason. You may not frame our Services or use any of our intellectual property without express written permission. Deep linking (linking to pages other than our homepage) must comply with our robots.txt file and any other published guidelines. Any links to our Services must clearly identify BETTER SALES PRO as the source of the content.

P. Government Use and Public Sector Restrictions: If you are a government entity or using the Services on behalf of a government entity, you acknowledge that the Services constitute "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202. In accordance with FAR 12.212, DFARS 227.7202-1 through 227.7202-4, and other applicable federal regulations, the Services are licensed to U.S. Government end users: (a) only as Commercial Items; (b) with only those rights as are granted to all other end users pursuant to these Terms; and (c) subject to the terms and conditions set forth in these Terms. Use of the Services by government entities is subject to additional restrictions including compliance with applicable procurement regulations, conflict of interest rules, and ethics requirements. Government users may be required to enter into separate written agreements that comply with applicable government contracting requirements. Any use of the Services in violation of applicable government regulations is strictly prohibited.

Q. International Matters BETTER SALES PRO is controlled and operated from BETTER SALES PRO's United States offices in Florida. We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access BETTER SALES PRO do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from BETTER SALES PRO, is further subject to United States export controls. No Services, including software from BETTER SALES PRO, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.

R. Copyright Complaints Our team works incredibly hard to make sure all information and works on our site have the property licenses in place. If you believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact our Legal Department and include the following information:

• Your name, address, phone number and email address;
• Identification of the copyrighted work(s) you believe to be infringed;
• Identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL);
• A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate;
• A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law;
• A physical or electronic signature; and
• Send your infringement notices to:
  Copyright Agent
  BETTER SALES PRO Legal
  4007 Riverview Blvd
  Bradenton, FL 34209
  Email: legal@bettersalespro.com

If your Submission is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to BETTER SALES PRO. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which BETTER SALES PRO may be found, and that you will accept service of process from the person who notified BETTER SALES PRO of the alleged infringement or an agent of such person.

It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if BETTER SALES PRO is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. BETTER SALES PRO will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Under appropriate circumstances, BETTER SALES PRO will, in its discretion, terminate authorization of users of the Services who are repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact BETTER SALES PRO and provide information sufficient for us to verify that the user is a repeat infringer.

A. Tax Responsibility: You are responsible for determining and paying any and all applicable federal, state, local, or foreign taxes, duties, tariffs, levies, withholdings, or similar assessments that may apply to your use of the Services, including but not limited to sales tax, use tax, value-added tax (VAT), goods and services tax (GST), and income tax. All fees and charges quoted on the Services are exclusive of such taxes unless expressly stated otherwise. BETTER SALES PRO is not responsible for collecting, reporting, or remitting any taxes on your behalf unless specifically required by law.

B. Payment Processing Fees: You acknowledge that payment processing services for transactions conducted through the Services may be provided by third-party payment processors. You agree to review and comply with the terms and conditions of such payment processors. BETTER SALES PRO is not responsible for errors or issues arising from third-party payment processors. All payment obligations are non-cancellable, and fees paid are non-refundable except as expressly stated in these Terms or as required by law.

C. Price Changes: BETTER SALES PRO reserves the right to change the fees and charges for any Services, or to introduce new charges, at any time upon reasonable notice to you, which may be provided by email or by posting on the Services. Your continued use of the Services after such notice constitutes acceptance of the new fees or charges. If you do not agree to the new fees, your sole remedy is to terminate your account in accordance with Section 13.

The Services may allow you to connect Third-Party Services (such as email, calendars, telephony, maps, payments, or advertising platforms). Your use of Third-Party Services is governed solely by your agreement with those providers. BETTER SALES PRO does not control and is not responsible for Third-Party Services, including their availability, accuracy, security, or compliance. You represent that you have the rights and consents needed to connect Third-Party Services and to import or sync data into the Services. If a Third-Party Service changes, suspends, or revokes access, related features of the Services may stop working without liability to BETTER SALES PRO.

Partner Terms of Use

1. Partner Registration

BETTER SALES PRO Inc. offers a customer relationship management (CRM) and sales-enablement platform for businesses and professionals. You may create an account to access the features we make available for your organization. Additional or enterprise services may require a separate order form or agreement.

By registering for a BETTER SALES PRO Inc. account you are agreeing to these Terms of Use and our Privacy Policy. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your BETTER SALES PRO Inc. profile information accurate. You agree to keep your password and other information within your account confidential. You may be the only one to use your account and not use another user's account. BETTER SALES PRO Inc. reserves the right to terminate accounts at its discretion.

A. Trials, Free Tiers, and Promotional Offers

A.1. Trial Periods: From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial" or "Trial Period"). BETTER SALES PRO Inc. reserves the right, in its absolute discretion, to determine your eligibility for a Trial based on factors including but not limited to: (i) whether you have previously subscribed to or trialed the Services; (ii) your creditworthiness or payment history; (iii) your geographic location; (iv) verification of your identity and business information; and (v) any other factors we deem relevant. Subject to applicable laws, BETTER SALES PRO may withdraw, modify, or terminate a Trial offer at any time without prior notice and with no liability, to the greatest extent permitted under the law. Trial offers may be limited to one per customer or email address and may not be combined with other offers unless expressly permitted.

A.2. Payment Information and Automatic Conversion: For most Trials, we require you to provide valid payment details (credit card or other payment method) to start the Trial. BY PROVIDING PAYMENT INFORMATION AND STARTING A TRIAL, YOU EXPRESSLY AUTHORIZE BETTER SALES PRO TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE APPLICABLE PAID SUBSCRIPTION AT THE END OF THE TRIAL PERIOD, UNLESS YOU CANCEL BEFORE THE TRIAL EXPIRES. The paid subscription will begin immediately after the trial period ends on a recurring basis (monthly, annually, or as otherwise specified in the Trial offer). You agree to the applicable subscription fees and payment terms. If you do not wish to incur charges, you must cancel the Trial subscription before the end of the trial period through your BETTER SALES PRO Inc. account's Billing page or by contacting Customer Service. BETTER SALES PRO may send you reminder notifications before the Trial period ends, but you are ultimately responsible for canceling if you do not wish to continue with a paid subscription. Cancellation must be completed at least 24 hours before the Trial period expires to avoid charges.

A.3. Trial Usage Restrictions: During a Trial period, your use of the Services may be subject to additional restrictions, limitations, or reduced functionality compared to paid subscriptions, including but not limited to: (i) limited number of users, seats, or licenses; (ii) reduced data storage or bandwidth; (iii) watermarks or branding on exports; (iv) limited access to premium features; (v) restrictions on API access or integrations; (vi) limited customer support options; or (vii) any other limitations specified in the Trial offer. Trial access is provided "AS-IS" with all faults and without any warranties beyond those expressly provided in these Terms. BETTER SALES PRO reserves the right to modify Trial restrictions at any time.

A.4. Free Tiers and Freemium Services: BETTER SALES PRO may offer certain free access tiers, freemium services, or features we describe in marketing as free for an extended period (including references such as "free forever") ("Free Services"). Free Services are not an unconditional or unlimited entitlement. They are provided at BETTER SALES PRO's sole discretion, subject to reasonable use limits that may include caps on users, contacts or records, storage, API usage, message volumes, integrations, exports, automation runs, or other metrics we publish or apply to protect platform integrity. We may change, limit, replace, or discontinue Free Services (including requiring migration to a paid plan) with reasonable notice where practicable. Free Services may include branding, advertisements, or reduced support. Free Services are provided "AS-IS" and "AS-AVAILABLE" without warranties, and BETTER SALES PRO's liability for Free Services is limited to the maximum extent permitted by law. Users of Free Services may receive lower priority for customer support, system resources, or new feature access compared to paid subscribers.

A.5. One-Time Promotional Offers: BETTER SALES PRO may occasionally offer promotional discounts, credits, special pricing, or other limited-time offers ("Promotional Offers"). Promotional Offers: (i) are subject to specific terms and conditions that will be provided at the time of the offer; (ii) may not be combined with other offers unless expressly permitted; (iii) may be limited by quantity, time period, geography, or customer eligibility; (iv) are non-transferable and have no cash value; (v) may expire or be revoked at BETTER SALES PRO's discretion; and (vi) may be subject to verification requirements. BETTER SALES PRO reserves the right to modify or cancel Promotional Offers at any time, and to disqualify users who violate offer terms or attempt to abuse or exploit the promotion.

A.6. Cancellation and Refunds for Trials: If you do not want to continue to be charged on a recurring basis after a Trial, you must cancel the paid subscription through your BETTER SALES PRO Inc. account's Subscription page or contact Customer Service before the end of the Trial period. Once charged, paid subscriptions generally cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms or required by applicable law, BETTER SALES PRO Inc. will not refund any fees that you have already paid. See Section 19 (Taxes and Financial Obligations) and the Termination section for additional terms regarding cancellation and refunds.

B. Billing Information

BETTER SALES PRO Inc. requires that you provide all information requested for the purposes of billing, identification, and communications. Without limitation, you must provide your full legal name, address, telephone number(s), email address, and applicable payment data (e.g., verified bank account details or a credit or debit card number and expiration date). Further, you must promptly provide Company with all updates necessary to keep such information accurate, current, and complete. The privacy policy at http://www.bettersalespro.com/privacy (the “Privacy Statement”) governs Company’s collection and use of your personal information.

C. Automatic Renewal

Unless you cancel your subscription, you authorize BETTER SALES PRO Inc. to automatically renew your subscription at the end of each billing period and charge the applicable subscription fees to your provided payment method. You may cancel the automatic renewal of your subscription at any time by visiting your BETTER SALES PRO Inc. account’s Subscription page.

D. Recurring Fees

Your subscription to BETTER SALES PRO Inc. services may include recurring fees. These fees will be billed automatically to your payment method at the start of the billing period and at regular intervals thereafter unless you cancel your subscription. You agree to pay all applicable fees associated with your subscription. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. BETTER SALES PRO Inc. reserves the right to modify the subscription fees upon notice.

E. Referrals and Revenue Share

BETTER SALES PRO Inc. may offer a referral, affiliate, or revenue-share program ("Referral Program") from time to time. If you participate, the then-current program description (including commission rates, qualifying purchases, attribution rules, cookie or link windows, and payment thresholds) will control and is incorporated by reference. Referral fees are typically owed only after we collect applicable fees from a referred customer, net of refunds, chargebacks, credits, and taxes we are required to withhold. You are solely responsible for any taxes on amounts you receive and for providing accurate payment and tax information (including forms we request, such as a W-9). We may withhold or claw back payouts that involve fraud, self-referrals, breach of these Terms, or violation of program rules. We may modify or end a Referral Program; changes will apply prospectively except where we specify otherwise for accrued, undisputed amounts. Participation does not create an employment or agency relationship.

2. Account Registration

To access BETTER SALES PRO Inc.'s Services you must register for an account and provide accurate business and billing information where requested. By registering, you agree to these Terms of Use and any feature-specific terms presented in the product. Your account is for your internal business use and must not be shared in a way that circumvents subscription or usage limits.

2.1 Legal Compliance

Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third-party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors, or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.

2.2 Indemnification

You agree to defend, indemnify, and hold harmless BETTER SALES PRO Inc., BETTER SALES PRO Inc., its advertisers, licensors, subsidiaries, and other affiliated companies, and their employees, contractors, officers, agents, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with BETTER SALES PRO Inc. in asserting any available defenses.

2.3 Payment

Payment is accepted by Visa, MasterCard, American Express, Discover, and by ACH bank transfer. All sales are final. No refunds.

3. Termination

BETTER SALES PRO Inc. reserves the right to terminate your account or access to our services at any time, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users of the services, us, or third parties, or for any other reason at our sole discretion.

4. Changes to Terms

BETTER SALES PRO Inc. may modify these Terms of Use at any time. Any changes will be posted on this page and we will notify you of any material changes via email or through a notice on our website. Your continued use of our services after the changes are posted constitutes your acceptance of the new Terms of Use.

5. Contact Us

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

BETTER SALES PRO Inc.
4007 Riverview Blvd
Bradenton, FL 34209
Email: support@bettersalespro.com