Last updated: January 15, 2025
Summary: By using SmartFence, you agree to these terms. Please read them carefully. These terms outline your rights and responsibilities as a SmartFence customer, as well as our commitments to you.
By accessing or using the SmartFence platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all users of the Service, including but not limited to visitors, customers, and contributors of content.
SmartFence provides an AI-powered sales and consultation platform for fence contractors, including but not limited to:
To use the Service, you must:
You may not share your account credentials or allow others to use your account. You are solely responsible for maintaining the confidentiality of your account.
4.1 Subscription Plans: SmartFence offers subscription-based access to the Service at $175/month per company, with optional add-ons available.
4.2 Payment: You agree to pay all fees associated with your subscription. Fees are non-refundable except as required by law or as explicitly stated in these Terms. We accept major credit cards and ACH bank transfers.
4.3 Billing: Subscriptions are billed monthly in advance. By providing payment information, you authorize us to charge the applicable fees to your payment method.
4.4 Cancellation: You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period, and you will retain access until that date.
5.1 Your Data: You retain all rights to the data you input into the Service ("Customer Data"). By using the Service, you grant us a license to use, store, and process your Customer Data solely for the purpose of providing the Service to you.
5.2 Data Responsibility: You are solely responsible for the accuracy, quality, and legality of your Customer Data and the means by which you acquired it.
5.3 Data Security: We implement reasonable security measures to protect your Customer Data, but we cannot guarantee absolute security. See our Privacy Policy for more information.
You agree not to:
7.1 Our IP: The Service, including all content, features, and functionality, is owned by SmartFence and is protected by copyright, trademark, and other intellectual property laws.
7.2 Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your business purposes.
8.1 Availability: We strive to maintain a 99.9% uptime for the Service but cannot guarantee uninterrupted access. We may suspend access for maintenance, updates, or technical issues.
8.2 Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice to users.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTFENCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify and hold harmless SmartFence and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.
We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You may terminate your account at any time by canceling your subscription through your account settings.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in San Francisco, California, except that either party may seek injunctive relief in court.
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
If you have any questions about these Terms, please contact us: