Website Terms of Use
These Website Terms of Use (“Website Terms”) govern access to and use of websites operated by smartNsales AG (“smartNsales”, “we”, “us” or “our”), including smartnsales.com.
By accessing or using our website, you agree to these Website Terms.
These Website Terms do not govern subscription to or use of the smartNsales software platform or other paid Services. Such Services are governed by the applicable customer agreement, including the applicable Order Form, Master Services Agreement, General Terms and Conditions for Customers and other documents incorporated therein.
1. Website Use
The smartNsales website provides information concerning smartNsales, its products, Services and business.
You may use the website for lawful informational and business purposes.
You shall not:
- use the website unlawfully or fraudulently;
- interfere with or disrupt the website or its infrastructure;
- attempt to gain unauthorised access to systems or information;
- introduce malware or other harmful technology;
- use automated means to access, scrape or extract information from the website in a manner that materially burdens our systems or violates applicable law;
- circumvent technical or security measures; or
- use the website in a manner that infringes the rights of smartNsales or any third party.
2. Intellectual Property
The website and its contents, including software, design, text, graphics, trademarks, logos, product names, visual elements and other materials, are owned by or licensed to smartNsales and are protected by applicable intellectual property laws.
Except as permitted by applicable law or expressly authorised by smartNsales, no content may be copied, reproduced, modified, distributed, commercially exploited or used to create derivative works.
Nothing in these Website Terms grants any right to use the smartNsales name, trademarks, logos or other brand assets.
3. Information on the Website
We seek to provide useful and current information but do not warrant that website content is complete, accurate, error-free or continuously up to date.
Information on the website is provided for general informational purposes and does not constitute professional, legal, financial or other advice.
Product descriptions, demonstrations, screenshots, prototypes, roadmap information and descriptions of future functionality are informational unless expressly incorporated into a binding written agreement with smartNsales.
4. Demonstrations, Calculators and Interactive Content
The website may contain demonstrations, calculators, AI-assisted functionality, estimates, simulations, benchmarks or other interactive tools.
Results generated by such functionality are illustrative and may be based on assumptions or information provided by the user.
Unless expressly agreed otherwise in writing, such results do not constitute a guarantee of savings, revenue, return on investment, commercial performance or other business outcomes.
Users remain responsible for evaluating information before making business decisions based upon it.
5. Forms and Information Submitted to Us
When submitting information through our website, you represent that you are entitled to provide such information and that it is not unlawful or knowingly misleading.
Personal Data submitted through the website is processed in accordance with our Privacy Policy.
Submitting an enquiry, demonstration request, business-case request or other form does not create a contractual obligation for smartNsales to provide Services.
6. Third-Party Websites
Our website may contain links to third-party websites or services.
Such links are provided for convenience or informational purposes. smartNsales does not control and is not responsible for independent third-party websites, their content, availability or privacy practices.
A link does not constitute an endorsement unless expressly stated otherwise.
7. Availability and Changes
We may modify, suspend, restrict or discontinue any part of the website at any time.
We do not guarantee uninterrupted or error-free availability of the website.
8. Disclaimer
To the maximum extent permitted by applicable law, the website and its contents are provided on an “as is” and “as available” basis.
smartNsales disclaims warranties concerning the accuracy, completeness, availability, fitness for a particular purpose or non-infringement of website content to the extent such warranties may lawfully be excluded.
9. Liability
To the maximum extent permitted by applicable law, smartNsales shall not be liable for indirect, incidental, consequential or special losses arising from access to or use of, or inability to access or use, the website.
smartNsales shall not be liable for decisions or actions taken solely in reliance upon general information, estimates, demonstrations, calculators or other non-contractual content made available through the website.
Nothing in these Website Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability arising from wilful misconduct or gross negligence to the extent it cannot lawfully be excluded.
The liability provisions governing paid smartNsales Services are contained in the applicable customer agreement and not in these Website Terms.
10. Privacy and Cookies
Our processing of Personal Data in connection with the website is described in our Privacy Policy.
Our use of cookies and similar technologies is described in our Cookie Policy.
11. Changes to these Website Terms
We may update these Website Terms from time to time.
The version published on our website at the time of use shall apply to such use.
12. Governing Law and Jurisdiction
These Website Terms are governed by substantive Swiss law, excluding its conflict-of-law rules.
To the extent permitted by applicable law, the courts of Lucerne, Switzerland shall have exclusive jurisdiction over disputes arising out of or in connection with these Website Terms.
Mandatory statutory jurisdictions remain reserved.
13. Contact
smartNsales AG
Habsburgerstrasse 32
6003 Lucerne
Switzerland
Email: info@smartnsales.com