Last updated: April 1, 2026
These Terms of Service ("Terms") govern your access to and use of the SalePerforms platform and services provided by SalePerforms, Inc. ("SalePerforms," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.
To use our services, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 18 years old and have the authority to bind your organization to these Terms.
SalePerforms grants you a limited, non-exclusive, non-transferable license to access and use our platform in accordance with these Terms and your subscription plan. You agree not to:
Paid subscriptions are billed monthly or annually in advance. All fees are non-refundable except as required by law. We may change pricing with 30 days' notice. If you do not cancel before the next billing cycle, your subscription will automatically renew.
We may offer free trials at our discretion. At the end of a trial period, your account will be paused unless you select a paid plan. We reserve the right to modify or discontinue trial offers at any time.
You retain all rights to data you submit to SalePerforms ("Your Data"). You grant us a limited license to process Your Data solely to provide and improve our services. We will handle Your Data in accordance with our Privacy Policy and applicable data protection laws.
When you connect your e-commerce platform, we act as a data processor on your behalf. You remain the data controller and are responsible for ensuring you have appropriate legal bases for processing your customers' data. We will process customer data only as instructed by you and in accordance with our Data Processing Agreement.
SalePerforms and its licensors own all rights, title, and interest in the platform, including all software, algorithms, designs, trademarks, and documentation. These Terms do not grant you any rights to our intellectual property except the limited license described above.
Each party agrees to keep confidential any non-public information received from the other party and to use it only for the purposes of these Terms. This obligation survives termination for a period of three (3) years.
We provide the platform "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the platform will be uninterrupted, error-free, or completely secure.
To the maximum extent permitted by law, SalePerforms' total liability under these Terms shall not exceed the amounts you paid us in the twelve (12) months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.
You agree to indemnify and hold harmless SalePerforms from any claims, damages, or expenses arising from your use of the services, violation of these Terms, or infringement of any third-party rights.
Either party may terminate these Terms at any time with 30 days' written notice. We may suspend or terminate your access immediately if you breach these Terms. Upon termination, we will make your data available for export for 30 days, after which it may be deleted.
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in New York County, New York.
We may update these Terms from time to time. Material changes will be communicated via email or a notice on our platform at least 30 days before they take effect. Continued use after changes constitutes acceptance.
For questions about these Terms, contact us at: