SHAARTLegal
Legal

Terms of Service

The agreement between you and SHAART USA LLC.

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1. Acceptance of terms

By accessing or using SHAART (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.

If you accept these Terms on behalf of an organization, you confirm you have authority to bind that organization.

2. The Service

SHAART USA LLC provides a software-as-a-service platform for businesses to manage their operations, including customer relationships, listings, bookings, communications, and integrations with third-party services.

Features and functionality may change as we improve the Service.

3. Eligibility and accounts

  • You must be at least 18 years old (or the age of majority in your jurisdiction).
  • You must provide accurate, complete, and current registration information.
  • You are responsible for safeguarding your credentials and all activity under your account.
  • Notify us immediately of any unauthorized use at support@shaartusa.com.
  • One account per person (unless otherwise agreed in writing).

4. Subscriptions and billing

  • Plans, prices, and quotas are described at shaartusa.com/pricing.
  • Billing is recurring in advance (monthly or annually as selected).
  • Subscriptions auto-renew at the end of each term unless cancelled.
  • You may cancel at any time; cancellation takes effect at the end of the current paid period.
  • Refunds are governed by our Refund Policy.
  • Failed payments result in a 14-day grace period; after which service may be suspended.
  • Prices exclude applicable taxes (VAT/GST/IVA/sales tax), which we add as required by jurisdiction.
  • We may change prices with at least 30 days notice; changes apply to the next billing cycle.

5. Acceptable use

See our Acceptable Use Policy for prohibited activities. In summary, you may not use the Service to:

  • Violate any law, regulation, or third-party right.
  • Send unsolicited communications (spam) or unauthorized marketing.
  • Distribute malware, phishing, or harmful content.
  • Infringe intellectual property rights.
  • Harass, threaten, defame, or harm others.
  • Scrape, reverse engineer, or circumvent technical controls.
  • Resell access without our written consent.
  • Exceed plan quotas through abuse or manipulation.
  • Use the Service for high-risk activities (e.g., medical diagnosis, nuclear, life support) where Service failure could lead to death, injury, or environmental damage.

We may suspend or terminate accounts violating these rules.

6. Your content and data

  • You retain ownership of content you upload to or create within the Service (“Customer Content”).
  • You grant SHAART USA LLC a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, and display Customer Content solely as necessary to provide the Service.
  • You are responsible for the legality of Customer Content and obtaining all necessary rights and consents (including from your own customers/leads).
  • We may remove Customer Content that violates these Terms or applicable law.

7. Our intellectual property

  • SHAART USA LLC owns the Service, including software, design, branding, documentation, and analytics derived from aggregated, de-identified usage.
  • “SHAART” and our logos are trademarks of SHAART USA LLC.
  • We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service per these Terms during your subscription.

8. Third-party services and integrations

The Service integrates with third-party services (e.g., Stripe, Meta, Google). Those services have their own terms and privacy practices. We are not responsible for them. Your use of third-party services through the Service is at your own risk.

9. AI features

  • The Service may include AI-generated outputs (text, summaries, suggestions, images).
  • AI outputs may be inaccurate, incomplete, or biased. You must verify before relying on them for decisions.
  • Do not input personal data of third parties without lawful basis.
  • Do not use AI outputs for legal, medical, financial, or other high-stakes decisions without qualified human review.
  • AI usage is subject to fair-use limits and may incur additional charges per our pricing page.
  • Your prompts and outputs may be processed by AI sub-processors (see Sub-processors). We use enterprise plans where available so your content is not used to train models.

10. Privacy

Our Privacy Policy describes how we collect, use, and protect personal information.

For B2B customers needing a Data Processing Agreement, see our DPA.

11. Term and termination

  • These Terms apply while you have an account.
  • Either party may terminate by notice.
  • We may terminate immediately for material breach.
  • Upon termination: access ends, prepaid unused fees are non-refundable except as required by law or our Refund Policy, Customer Content retained 30 days then deleted (unless legal hold), provisions that should survive (IP, indemnification, limitation of liability, disputes) continue.

12. Warranties and disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT DEFECTS WILL BE CORRECTED.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • SHAART USA LLC IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA LOSS, BUSINESS INTERRUPTION).
  • OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS IS LIMITED TO THE FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
  • THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow these limitations; they apply to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify and hold harmless SHAART USA LLC, its officers, directors, employees, and agents from any claim, damage, liability, cost, or expense (including reasonable attorneys' fees) arising from:

  • Your breach of these Terms or any policy referenced herein.
  • Customer Content you submit.
  • Your violation of applicable law.
  • Your violation of third-party rights.

15. Dispute resolution and governing law

  • Governing law: laws of the State of Florida, USA, without regard to conflict of laws principles.
  • Disputes resolved in state or federal courts located in Florida.
  • At our option, disputes may be submitted to binding arbitration under American Arbitration Association rules.
  • Class action waiver: claims must be brought individually, not as part of a class (where enforceable).
  • Small claims court remains available.
  • You and SHAART USA LLC waive trial by jury (where permitted).

16. Changes to these Terms

We may update these Terms. Material changes: 30-day notice via email and/or in-app banner. Continued use after the effective date constitutes acceptance. You may terminate before the effective date if you do not agree.

17. Miscellaneous

  • Entire agreement: these Terms (with the Privacy Policy and other linked policies) constitute the entire agreement.
  • Severability: if any provision is unenforceable, the remainder continues in effect.
  • No waiver: failure to enforce is not a waiver.
  • Assignment: we may assign; you may not assign without our consent.
  • Force majeure: we are not liable for events beyond reasonable control.
  • Notices to us: legal@shaartusa.com. Notices to you: email on file or in-app.

18. Contact

SHAART USA LLC
1234 Address Pending, City, FL 00000, USA
legal@shaartusa.com