Terms of Service

1. Agreement and definitions

These Terms form a binding agreement between Smittinn Consulting (“Smittinn,” “we,” “us,” or “our”) and the person or organization using Breakthrough OS. By accessing the Platform, creating an account, accepting an invitation, or otherwise using the Services, you agree to these Terms. If you accept for an organization, you represent that you have authority to bind it.

“Platform” or “Breakthrough OS” means the hosted campaign, lead, contact, client, and operations software we provide. “Services” means the Platform and related services governed by these Terms. “Customer” means the organization receiving the Services. “Authorized User” means a person whom a Customer or Smittinn permits to use the Services. “Customer Data” means information submitted, uploaded, stored, or transmitted by or for a Customer through the Services.

2. Eligibility, authorized business use, and account security

Breakthrough OS is intended primarily for authorized business and professional use. You must be legally capable of entering a binding agreement, act with authority for your organization where applicable, provide accurate account information, use the Services for legitimate purposes, and comply with applicable law.

You must safeguard credentials and connected sign-in accounts, restrict access to Authorized Users, and promptly report suspected unauthorized access to info@smittinn.com. Accounts may not be shared with unauthorized persons. To the extent permitted by law, you are responsible for activity performed through your account.

A Customer may designate administrators and users. Depending on assigned permissions, administrators may manage users, access, client and campaign information, and integrations. Users should contact their organization’s administrator about organization-controlled access.

3. Acceptable use

You may not use the Services to violate law; infringe intellectual-property, privacy, publicity, or other rights; commit fraud; impersonate another person or organization; transmit unlawful or malicious material; introduce malware; probe, attack, or interfere with system security or operation; attempt unauthorized access; scrape restricted areas without authorization; reverse engineer except where applicable law prohibits that restriction; circumvent access, usage, or security controls; or upload data you have no right to use.

You may not use email, messaging, campaign, or outreach features for unlawful spam, phishing, deceptive outreach, harassment, unauthorized impersonation, or illegal marketing. You are responsible for complying with applicable marketing, communications, privacy, and anti-spam laws when contacting prospects or customers. Smittinn does not guarantee that a Customer’s outreach practices comply with law.

4. Customer Data, responsibility, privacy, and workspace isolation

Customers retain ownership of their Customer Data, including contacts, leads, campaign information, notes, communications, and uploaded business information. Smittinn does not acquire ownership of Customer Data merely because it is processed through Breakthrough OS.

Each Customer grants Smittinn a limited right to host, process, transmit, back up, secure, display, and otherwise use Customer Data only as reasonably necessary to provide, maintain, secure, and support the Services, comply with law, and fulfill the applicable written agreement.

Customers are responsible for the accuracy of Customer Data and for having appropriate rights, notices, permissions, and lawful bases to provide and process it, including under applicable privacy, employment, marketing, communications, and contractual requirements. Our handling of personal information is described in the Privacy Policy.

Private Customer Data is maintained within the Customer's authorized workspace and is not made available to unrelated Breakthrough OS customers. This applies, where relevant, to private company and contact lists, CRM records, campaign data, research requests, candidate findings, approved Sales Intelligence, notes, communications, form submissions, uploaded or private files, connected Gmail, HubSpot, and ShipStation data, and other API or integration data. Access remains subject to authorized user permissions, requested integrations, service-provider processing, support and security needs, applicable law, and the Customer's instructions.

One customer's private CRM, list, or intelligence data is not used to personalize or generate another customer's outreach. Breakthrough OS uses technical and organizational access controls intended to enforce workspace boundaries; no system can be represented as eliminating every possible security risk.

5. Third-party integrations, communications, and AI-assisted features

Breakthrough OS may support authorized connections to third-party services, including Gmail and other Google services, HubSpot, ShipStation, OpenAI, and future providers. Connected services may allow Breakthrough OS to process and exchange information necessary to provide the functionality you request. A connected service is governed by its own terms and privacy policy, and its availability may affect related Platform features. Smittinn does not control third-party platforms. OAuth authorization is separate from acceptance of these Terms.

If email or communication features are used, you are responsible for the recipients, content, permissions, and legal compliance of messages you approve or send. Spam, phishing, deceptive communications, unlawful marketing, and unauthorized impersonation are prohibited. Delivery and recipient response are not guaranteed, and no email provider endorses Breakthrough OS merely because its service is connected.

If you use an AI-assisted feature, its research, intelligence, suggestions, summaries, templates, recommendations, classifications, or outreach may contain errors or omissions. Review outputs before relying on, approving, or sending them. Candidate research findings require human approval before becoming approved CRM intelligence. You remain responsible for business decisions and communications. AI-assisted output is not legal, financial, medical, or other professional advice.

6. Intellectual property, feedback, and confidentiality

Smittinn and its licensors retain all rights in Breakthrough OS, including its software, interface, design, documentation, trademarks, platform functionality, and proprietary materials, excluding Customer Data and third-party materials. Subject to these Terms and any applicable paid or service agreement, Smittinn grants each Authorized User a limited, non-exclusive, non-transferable, revocable right to use the Services for the Customer’s internal business purposes.

If you voluntarily provide suggestions or feedback, Smittinn may use that feedback to operate and improve the Services without restriction or compensation. This does not transfer ownership of unrelated Customer intellectual property.

Each party will protect the other party’s non-public confidential information using reasonable care and use it only for the business relationship. Confidential information excludes information that becomes public without breach, was lawfully known without restriction, is independently developed without use of the confidential information, or is lawfully received from another source. Legally required disclosure is permitted, with notice where legally allowed and reasonably practicable. Stronger or more specific confidentiality terms in an executed agreement control.

7. Paid Services, separate agreements, and service changes

Paid Services may be governed by proposals, order forms, statements of work, invoices, subscription terms, campaign agreements, master services agreements, or other written agreements. Those documents control applicable fees, payment schedules, renewals, refunds, cancellation rights, deliverables, and service commitments.

If you or your organization has entered into a separate written agreement with Smittinn governing the Services, that agreement controls to the extent of any direct conflict with these Terms concerning the same subject matter.

Features may evolve, and maintenance, updates, interruptions, or changes may occur. Smittinn does not guarantee uninterrupted operation. This does not permit Smittinn to disregard a specific commitment in a signed agreement. Features clearly identified as Beta, Preview, or Experimental may be changed or discontinued and may have reduced availability expectations.

8. Suspension, termination, and Customer Data afterward

Smittinn may reasonably suspend access to address a security threat, unlawful activity, fraud, abuse, material breach, nonpayment where applicable, or risk to the Platform or other users. Where reasonably practicable, Smittinn will provide notice and an opportunity to address the issue.

Accounts or Services may terminate under these Terms or an applicable written agreement, including for material breach. Termination does not eliminate obligations accrued before termination. Provisions concerning payment, intellectual property, confidentiality, warranties, liability, indemnification, disputes, and other provisions that by their nature should survive will survive.

Customer Data availability after termination is governed by any applicable service agreement, the Privacy Policy, legal requirements, and documented retention practices. Smittinn does not promise permanent storage or a specific deletion period through these Terms.

9. Warranties, business results, and limitation of liability

Except to the extent expressly provided in a written agreement, the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Smittinn disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. This does not disclaim warranties that cannot legally be disclaimed or any express warranty in a signed agreement.

Smittinn does not guarantee sales, conversions, revenue, lead quality, response rates, campaign outcomes, email delivery, or prospect responses. Results depend on many factors outside the Platform’s control. A signed agreement controls any specific performance commitment.

To the maximum extent permitted by law, neither party will be liable under these Terms for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenues, goodwill, or business opportunities, arising from the Services, even if advised that such damages were possible. Unless a signed agreement states a different cap, each party’s aggregate liability arising from the Services will not exceed the fees paid or payable by the Customer for the affected Services during the twelve months before the event giving rise to the claim. These limitations do not apply where liability cannot legally be limited and do not limit payment obligations or liability resulting from fraud or willful misconduct.

10. Customer indemnification

Subject to any controlling signed agreement, a Customer will defend and indemnify Smittinn against a third-party claim to the extent arising from Customer Data supplied without necessary rights, the Customer’s unlawful use of the Services, infringement caused by customer-supplied content, or the Customer’s violation of applicable communications or marketing law. Smittinn will provide reasonable notice, allow the Customer to control the defense and settlement, and provide reasonable cooperation at the Customer’s expense. A settlement may not admit fault by or impose non-monetary obligations on Smittinn without consent. This section does not require indemnification for Smittinn’s own violation of these Terms, negligence, or willful misconduct.

11. Governing terms, disputes, and equitable relief

A signed agreement’s governing-law and dispute-resolution provisions control disputes within that agreement’s scope. Otherwise, applicable choice-of-law and jurisdiction rules determine the governing law and court with lawful jurisdiction. These Terms do not create a mandatory arbitration program, class-action waiver, or jury-trial waiver.

Either party may seek appropriate equitable or injunctive relief to prevent actual or threatened misuse of confidential information, intellectual property, or system security, subject to applicable law.

12. Legal compliance, changes, notices, and general provisions

You must comply with applicable export controls, sanctions, and anti-corruption laws. Smittinn may update these Terms from time to time. The Last Updated date will identify revisions, and material changes will be communicated reasonably where required by law or contract. Signed agreements and applicable law remain relevant to whether and when changes bind an existing contractual Customer.

You consent to receive service-related electronic communications, such as account, security, integration, and operational notices. This does not constitute blanket consent to marketing communications where separate consent is required.

These Terms and any applicable signed agreements are the entire agreement concerning their subject matter. If a provision is unenforceable, the remainder remains effective. Failure to enforce a provision is not a waiver. Neither party may assign these Terms contrary to applicable law or a controlling signed agreement. The parties are independent contractors. Headings are for convenience only.

Neither party is liable for delay caused by circumstances beyond its reasonable control, except that this does not excuse payment obligations already due, negligence, or avoidable security failures.

Notices to Smittinn under these Terms, and questions about these Terms, may be sent to info@smittinn.com.