Terms and Conditions

Welcome to SmartMetrics ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your use of our services, including our API services (email validation, email enrichment, website analysis, ICP scoring, and related data services) and SmartMetrics Alerts subscription plans (weekly performance alerts, dashboard services, and related analytics services) (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Services.

2.1 API Services

• Email Validation: Real-time email address validation and deliverability analysis
• Email Enrichment: Contact information enrichment and data enhancement
• Website Analysis: Website content analysis, summary generation, and insights
• ICP Scoring: Ideal Customer Profile scoring and lead qualification
• Website Intelligence: Screenshot capture, favicon extraction, and contact discovery
• CRO Opportunities: Conversion rate optimization recommendations
• LLM Services: AI-powered content analysis and comparison tools

2.2 SmartMetrics Alerts Services

• SmartMetrics Alerts: Weekly performance alerts with actionable insights and CRO recommendations
• Data Source Integration: Connection to Google Analytics 4, Google Ads, Meta Ads, LinkedIn Ads, TikTok Ads, and other marketing platforms
• Performance Monitoring: Automated detection of significant changes in website and advertising performance
• Alert Delivery: Email and Slack notification delivery systems
• Dashboard Services: Interactive Looker dashboards for data exploration and reporting
• White-Label Solutions: Branded alerts and reports for agency clients
• Audit & Fix Services: Professional conversion optimization and performance improvement services

To access our Services, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your contact information remains current and accurate

4.1 API Services - Credit System

Our API Services operate on a credit-based system. Each API endpoint consumes a specific number of credits, with costs varying by endpoint complexity and processing requirements. Rate limits are applied to prevent abuse and ensure fair usage across all users.

4.2 SmartMetrics Alerts - Subscription Plans

SmartMetrics Alerts operates on subscription-based pricing with the following plan types:

• Free Plan: Limited to Google Analytics 4 integration with weekly alerts
• Pro Plan: Multiple data source integrations, custom frequency, and advanced features
• Agency Plan: Multiple websites, white-label options, and priority support

4.3 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis. API services are billed based on credit consumption. We reserve the right to modify pricing with 30 days' notice. All fees are non-refundable except as required by law or as specified in our refund policy.

4.4 Service Limits

Service limits vary by plan and service type. SmartMetrics Alerts plans include limits on the number of websites, data sources, and alert frequency. API services include rate limits and usage quotas. Current limits are detailed in your account dashboard.

You agree not to use our Services for:

• Any unlawful purpose or in violation of any laws
• Spam, phishing, or other malicious activities
• Scraping or harvesting data without permission
• Attempting to gain unauthorized access to our systems
• Interfering with or disrupting our Services
• Reverse engineering or attempting to extract our algorithms
• Reselling our Services without written permission
• Violating any third-party rights or privacy
• Sharing SmartMetrics Alerts subscription access with unauthorized users
• Using false or misleading information in white-label services
• Circumventing service limits or usage restrictions

6.1 Data Processing

We process data in accordance with our Privacy Policy. By using our Services, you consent to the collection, processing, and storage of data as described therein.

6.2 Data Retention

We retain API request data for analytics and service improvement purposes. Personal data is retained in accordance with applicable privacy laws and our data retention policy.

6.3 Third-Party Integrations

Our Services integrate with third-party platforms including Google Analytics, Google Ads, Meta, LinkedIn, and other marketing platforms. We are not responsible for the availability, accuracy, or policies of these third-party services. You are responsible for maintaining valid access to integrated platforms.

6.4 Data Accuracy

While we strive to provide accurate insights and recommendations, SmartMetrics Alerts are based on automated analysis and may not capture all relevant factors. You should verify important information and use alerts as guidance rather than definitive business decisions.

We strive to maintain high service availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

We reserve the right to perform maintenance, updates, and improvements that may temporarily affect service availability.

8.1 Our Rights

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay fees when due
• Abuse our Services or infrastructure
• Pose a security risk to our systems or other users

8.2 API Key Revocation

We reserve the right to revoke API keys at any time for violations of these Terms, security concerns, or at our sole discretion. Revoked keys will immediately cease to function.

8.3 Subscription Cancellation

SmartMetrics Alerts subscriptions can be cancelled at any time through your account dashboard. Cancellations take effect at the end of the current billing period. No refunds are provided for partial billing periods except as required by law.

8.4 Effect of Termination

Upon termination, your right to use the Services ceases immediately. For SmartMetrics Alerts, you will continue to receive alerts until the end of your paid billing period. We may delete your account data after a reasonable period, subject to legal requirements.

The Services and all content, features, and functionality are owned by SmartMetrics and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Services without our written permission.

10.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

10.3 Maximum Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

You agree to indemnify and hold harmless SmartMetrics from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

These Terms are governed by the laws of [Your Jurisdiction]. Any disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization].

We may modify these Terms at any time. We will notify users of material changes via email or through our Services. Continued use after changes constitutes acceptance of the new Terms.

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

• Email: support@smartmetrics.com

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.