Terms of Service

1. Agreement to Terms

By accessing or using the SmartCM platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you (whether an individual or an entity) and ionicsoft GmbH ("Company", "we", "our", "us"), the operator of SmartCM.

If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation. In such case, "you" and "your" refer to the organisation.

2. Use License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes.

You may not:

• Copy, modify, or create derivative works of the Service or its source code
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove, alter, or obscure any proprietary notices or branding
• Sublicense, sell, rent, or lease access to the Service to third parties
• Use the Service to build a competing product or service
• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorised access to the Service, other accounts, or related systems

We reserve the right to terminate your licence and access at any time if you violate these Terms.

3. Service Description

SmartCM is a multi-tenant web application platform that provides content management (CMS), customer relationship management (CRM), business invoicing, form building, analytics, and related tools delivered as a cloud-based service.

We reserve the right to:

• Modify, update, or enhance the features and functionality of the Service
• Perform scheduled maintenance with reasonable advance notice
• Discontinue specific features with 90 days' notice
• Set storage, bandwidth, and usage limits appropriate to each plan tier

We aim to maintain 99.9% uptime but do not guarantee uninterrupted availability. Planned maintenance windows will be communicated through the platform or email.

4. User Accounts

To access most features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activities that occur under your account

You must be at least 16 years of age to create an account. We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

Each user account is for a single individual. Sharing login credentials between multiple people is not permitted unless you are on a plan that explicitly allows shared team access.

5. Payment Terms

Paid plans are billed in advance on a monthly or annual basis, depending on your selected billing cycle. All prices are listed in Euros (EUR) and are exclusive of applicable taxes (VAT) unless stated otherwise.

5.1 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel at any time through your account settings or by contacting support.

5.2 Refund Policy

We offer a 14-day money-back guarantee on all new paid subscriptions. After 14 days, payments are non-refundable. Partial-month refunds are not available for mid-cycle cancellations.

5.3 Price Changes

We may change our pricing with 30 days' advance notice. Price changes will take effect at your next billing cycle. If you do not agree with a price change, you may cancel before the change takes effect.

5.4 Late Payments

If a payment fails, we will attempt to charge your payment method up to three additional times over 10 days. If all attempts fail, your account may be downgraded or suspended until payment is resolved.

6. Intellectual Property

6.1 Our Intellectual Property

The Service, including its source code, design, logos, trademarks, documentation, and all related intellectual property, is owned by ionicsoft GmbH and is protected by international copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain full ownership of all content, data, and materials you create, upload, or store through the Service ("Your Content"). By using the Service, you grant us a limited licence to host, store, process, and display Your Content solely for the purpose of providing the Service to you.

6.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use this feedback without obligation to you. Feedback does not create any confidentiality obligation on our part.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, either express or implied
• We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components
• In no event shall our total liability exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities

These limitations apply regardless of the legal theory (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you in full.

8. Termination

You may terminate your account at any time by contacting us or through your account settings. Upon termination:

• Your right to access the Service will cease immediately
• We will retain your data for 30 days to allow for retrieval, after which it will be permanently deleted
• Any outstanding fees remain payable
• Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and governing law) will survive

We may terminate or suspend your access immediately, without prior notice, if you breach these Terms, engage in fraudulent activity, or if we are required to do so by law. We may also terminate the Service entirely with 90 days' advance notice.

9. Governing Law

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

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany. However, this does not affect your statutory rights as a consumer under the laws of your country of residence within the European Union.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.