Terms of Use for SalesCloser AI
Acceptance of Terms of Us
By accessing or using SalesCloser AI, including its website and any related services (“SalesCloser”), you agree to be bound by these Terms of Use and our Privacy Policy (collectively the “Terms”). These Terms are legally binding on all users of SalesCloser and constitute a legally binding agreement between you (“User”) and SalesCloser. By accessing SalesCloser, User expressly and irrevocably agrees to the Terms and to abide by the Terms. These Terms currently list SalesCloser’s current terms and conditions and may be amended from time to time at our discretion. You must be at least the age of majority in your jurisdiction and have the legal capacity to enter into these Terms. If the User does not agree with any of these Terms, User may not, under any circumstances, use SalesCloser.
Intellectual Property Rights
2.1 Ownership
All content, text, images, data, information and other material displayed, available or present on SalesCloser (“Content”), including any intellectual property rights in such Content (including withoug limitation trademarks and copyrights) or other intellectual property rights associated with SalesCloser (hereinafter “Intellectual Property Rights”), are owned by SalesCloser, its affiliates, or its licensors, or designated owners and are protected by applicable intellectual property laws. Except as expressly set out in these Terms, no right, title, or interest in SalesCloser Content is transferred to you.
2.2 Authorized and Prohibited Uses
You may use SalesCloser Content solely for your own internal business purposes in accordance with these Terms. Except as otherwise expressly authorized in writing, you may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any SalesCloser Content. You must not remove, alter, or obscure any copyright, trademark, or proprietary notices. User may download and print copies of Content for non‑commercial, informational or personal use only, without modification or alteration, and only so long as User complies with these Terms of Use and all applicable laws. If User violates these Terms of Use and/or any applicable laws, your permission to use SalesCloser terminates. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of this Website without our prior written permission. User will not infringe upon any Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices in SalesCloser.
2.3 Registration and Password
We may require Users to have a password and provide registration details to access SalesCloser or certain features of SalesCloser. If SalesCloser requires login credentials, it shall be a condition of use that the User provides correct, current and complete User information. If SalesCloser believes that the details are not correct, current, or complete, SalesCloser will have the right to refuse User access to SalesCloser, or any of its resources, and to suspend and/or terminate User’s account. User is responsible for maintaining the confidentiality of any login credentials, and User is fully responsible for all activities that occur under User’s login credentials. User agrees to notify SalesCloser immediately of any unauthorized use of User’s login credentials. We reserve the absolute right, in our sole discretion, to not allow access to any person or entity.
3. Website and Registration Administration
3.1 Authority of Website Administrator
We reserve the right, at our sole discretion, to modify, suspend, restrict, or terminate access to SalesCloser or any portion of its content or services at any time, with or without notice, and without liability, except as otherwise required by applicable law. We may also suspend or terminate any account or user access for any violation of these Terms or any applicable law, or for any other reason in our discretion.
Upon termination of your access, your right to use SalesCloser will immediately cease. You may lose access to any data or content stored in your account, subject to applicable law and our data retention policies.
Nothing in this section limits our rights to take immediate action to protect the security, integrity, or legal compliance of SalesCloser.
4. User Requirements and Obligations
4.1 Compliance
You agree to comply with all applicable local, national, and international laws and regulations in connection with your use of SalesCloser.
4.2 Unsuitable Conduct
You must not use SalesCloser for any purpose that is unlawful, illegal, infringing, misleading, defamatory, obscene, harassing, or otherwise objectionable, or that causes harm to SalesCloser, Wishpond, its affiliates, or other users, as determined in our reasonable discretion.
4.3 User Cooperation and Notification
You agree to cooperate with our reasonable requests necessary to investigate or address any suspected or actual breach of these Terms, and to promptly notify us of any unauthorized use or security incident involving SalesCloser.
4.4 Third Party Sites and Other Information
As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom we have no control or responsibility. We have no obligation to monitor, control, or restrict the use of this Website or third‑party websites accessible via links on this Website. These other sites are not under our control, and User acknowledges that (whether or not such sites are affiliated in any way with SalesCloser) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such links do not imply our endorsement of any site or any association with their operators. Moreover, we have no obligation to verify any Content in links submitted by a third party.
4.5 Limitations of use and SalesCloser output
You agree that:
SalesCloser is an AI-powered platform. You acknowledge that any output (“Output”) generated may contain errors, omissions, or inappropriate content. You are solely responsible for evaluating and verifying the Output for your intended use, including compliance with applicable laws. You represent and warrant that you have all necessary rights to the input you provide to SalesCloser. We retain all intellectual property rights in SalesCloser software; you retain rights to the Output generated from your own inputs.
You will test and evaluate Output for accuracy as it relates to your product or solution.
You will independently analyze and review if your use case is suited for adaptation for use by AI and if human intervention may be needed at any stage of the Output or decision‑making process.
You will work with SalesCloser to provide and refine your information that is input to improve the Output.
Despite our efforts to train and optimize SalesCloser for your use case, it is possible for users to intentionally or unintentionally prompt the system to generate inappropriate or undesired Output.
We own the IP related to the SalesCloser software and you own any Output based on your inputs.
From time to time, SalesCloser may make available features or services identified as “beta,” “preview,” or similar. Such features are experimental, may be modified or discontinued at any time, and are provided “as is” without warranty of any kind. Your use of beta features is at your sole risk.
4.6 Warranty Disclaimers, Limitations on Liability, and Remedies
SalesCloser is provided on an “as is” and “as available” basis and its use is at the sole risk of User, to the fullest extent permissible by law. We disclaim all warranties, express or implied, of any kind (including SalesCloser’s Content, hardware or software performance or links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non‑infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to User, the above exclusions will apply to User to the fullest extent permitted by applicable law. We will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the AI algorithms, third party software, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages. You acknowledge that any Output provided by SalesCloser based on your use case is at your risk. We will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with SalesCloser. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, our maximum liability will be limited to, in our sole discretion, either (1) the correction or deletion of any inaccurate Content or link; or (2) refund of any fees for SalesCloser received from User to a maximum of the last twelve (12) months of fees collected net of any disputes or refunds already provided. All information, recommendations, and Output provided by SalesCloser, including AI-generated content do not constitute legal, financial, or other professional advice. You are solely responsible for obtaining appropriate professional advice before relying on any Output or Content provided by SalesCloser.
4.7 Indemnification
Each User will defend, indemnify, and hold Wishpond and our respective officers, directors, employees, contractors, agents, licensors and partners harmless from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of SalesCloser, online conduct, breach of these Terms of Use, or dealings or transactions with other persons.
4.8 User Content and Intellectual Property
You represent and warrant that you have all necessary rights, licenses, and consents to submit, upload, or otherwise use any content (including but not limited to text, images, audio, or data) with SalesCloser. You are solely responsible for all content you provide and any consequences thereof. SalesCloser disclaims all liability for content submitted by users. You agree to indemnify, defend, and hold harmless Wishpond and its affiliates from any claim, demand, or liability (including legal fees) arising from your content, including but not limited to claims of copyright, trademark, or other intellectual property infringement.
4.9 User Content and Intellectual Property
You are solely responsible for ensuring that your use of SalesCloser – including any use of AI agents, outbound calls, messaging, or other communications – complies with all applicable laws and regulations in your jurisdiction. SalesCloser makes no representation or warranty regarding your compliance obligations or the legality of your use case. You agree to indemnify and hold harmless Wishpond and its affiliates from any claim, penalty, or liability arising out of your failure to comply with such laws or regulations.
4.10 Expert Control
You agree to comply with all applicable export and re-export control laws and regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to trade sanctions or embargoes, and that you are not listed on any restricted party list maintained by any governmental authority.
5. Miscellaneous
5.1 Other Agreements
In connection with User’s use of and/or access to SalesCloser or any Content, it may be necessary for User to consent to our policies or Software Services Agreement in addition to the Terms of Use set forth herein, which User should read carefully before making any use of SalesCloser or Content. Any such additional terms and conditions will not vary or replace these Terms of Use regarding any use of SalesCloser, unless otherwise expressly stated.
5.2 Privacy Policy
We are concerned about privacy and have a policy to address privacy concerns. User can find the current privacy policy at https://salescloser.ai/privacy-policy/ (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms.
5.3 Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with SalesCloser or these Terms (including without limitation the Privacy Policy and Software Services Agreement), SalesCloser and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. SalesCloser has no obligation to become involved in any dispute between a User and any third party. SalesCloser, these Terms, and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the Province of British Columbia, Canada without regard to its conflict of law principles. User agrees that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in British Columbia, in accordance with the arbitration laws in this jurisdiction by an arbitrator nominated by Wishpond. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that Wishpond is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of these Terms pending a final arbitral decision.
5.4 Modification of Terms, Etc.
These Terms of Use constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. We reserve the right to change these Terms of Use at any time and they are effective immediately upon posting. User is advised to review these Terms of Use occasionally or at least every thirty (30) days. User’s continued use of SalesCloser, subsequent to our modification of these Terms of Use, shall constitute User’s acceptance of the modified Terms of Use. If any provision of these Terms of Use shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms of Use, or the whole of these Terms of Use, but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. The parties hereto are separate and distinct, and this agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor do these Terms of Use extend to any third party. User’s obligations pursuant to these Terms of Use shall survive termination of this Website, any use of this Website, any Content provided by User on this Website, and/or these Terms of Use.
5.5 Contact Information
If you have any questions regarding SalesCloser or these Terms of Use, please contact us at [email protected]
5.6 Force Majeure
SalesCloser will not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, labor disputes, government actions, internet or telecommunications failures, or power outages.
5.7 Survival
The provisions of these Terms which by their nature should survive termination, including but not limited to those relating to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and confidentiality, will remain in effect after termination or expiration of your use of SalesCloser.
5.8 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. SalesCloser may assign these Terms, in whole or in part, at any time without notice or your consent.
5.9 Entire Agreement
These Terms, together with the Privacy Policy and any applicable supplemental agreements, constitute the entire agreement between you and SalesCloser regarding your use of SalesCloser, and supersede all prior or contemporaneous agreements, proposals, or communications, whether written or oral.
6. Billing, cancellation and termination
6.1 If you register for a free trial of SalesCloser, your payment method will be charged automatically at the end of the trial period unless you cancel your account prior to the trial’s expiration. We may, at our discretion, charge your payment method in one or more installments until all fees owed are paid in full. If you cancel before your trial ends, you will not be charged.
6.2 For self-service subscriptions, each subscription term will be fixed in duration as specified at the time of purchase. During the subscription term, cancellation is not permitted and all fees are non-refundable and non-transferrable. Your subscription will automatically renew for successive terms of equal duration unless you provide written notice of non-renewal at least sixty (60) days prior to the end of the then-current term. No refunds or credits will be issued for eaarly cancellation, partial periods, or unused service.
6.3 For annual prepaid subscription plans, all fees are due in advance and are non-refundable. Your subscription will automatically renew for successive terms of equal duration unless you provide written notice of non-renewal at least sixty (60) days prior to the end of the then-current term. Early cancellation of annual subscriptions will not result in any refund or credit, and service will continue until the end of the prepaid term, unless terminated by us for breach of these Terms.
6.4 Fully managed SalesCloser accounts may not be cancelled prior to the end of the current contract term. Your subscription will automatically renew for successive terms of equal duration unless you provide written notice of non-renewal at least sixty (60) days prior to the end of the then-current term. No refunds or credits will be issued for early cancellation, partial periods or unused services.
6.5 We reserve the right, at our sole discretion, to suspend, deactivate, or terminate your account and access to SalesCloser at any time and for any reason, including but not limited to actual or suspected violation of these Terms or applicable law, with or without notice. Upon termination, all rights granted to you under these Terms will immediately cease, and we may delete or permanently remove any content or data associated with your account, without liability or obligation to you.
6.6 Pricing and Service Changes
We reserve the right to modify pricing, fees, features, or discontinue SalesCloser or any part thereof at any time, with or without notice. Continued use of SalesCloser after any such changes constitutes your acceptance of those changes.
6.7 Chargebacks and Payment Disputes
All payments are final. You agree not to initiate any chargebacks or payment disputes without first contacting us to attempt to resolve the issue. In the event of a chargeback or payment dispute, we reserve the right to immediately terminate your access to SalesCloser and pursue all available remedies.
6.7 Data Retention and Deletion
Upon termination, cancellation, or downgrade of your account for any reason, we have no obligation to retain or provide any data or content associated with your account, and such data may be irretrievably deleted at our discretion, subject to applicable law.
6.8 No Waiver of Rights
Our failure to enforce any provision of these billing and termination terms will not constitute a waiver of such right or provision.
6.9 Reseller Accounts
If you are purchasing or using SalesCloser as a reseller, you remain fully responsible for compliance with these Terms and all payment obligations, regardless of any arrangements you have with your own customers. SalesCloser is not responsible for any disputes between you and your end customers. We reserve the right to suspend or terminate reseller accounts, or restrict access to end customers, at our sole discretion, for any actual or suspected violation of these Terms, non-payment, or any misuse of the platform.