Terms of Service

Introduction & Acceptance of Terms

SmartRetro (the “Platform”) is a software-as-a-service product owned and operated by Profyts LLC, a Delaware limited liability company (referred to as “Company”, “we”, “us”, or “our”). These Terms of Service (the “Terms”) govern your access to and use of the Platform and any related websites, services, or applications provided by the Company.

By accessing or using SmartRetro, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to any part of these Terms, you must not use the Platform. By accepting these Terms, you also agree to abide by any other rules or policies referenced herein or made available on the Platform (such as our Privacy Policy).

These Terms constitute a binding legal agreement between you (the individual or entity using the Platform, referred to as “you” or “User”) and the Company. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS IN THEIR ENTIRETY, INCLUDING THE ARBITRATION PROVISION, CLASS ACTION WAIVER, LIMITATION OF LIABILITY, RELEASE OF CLAIMS, AND ALL DISCLAIMERS AND WAIVERS CONTAINED HEREIN, AND YOU VOLUNTARILY AGREE TO BE BOUND BY THEM.

Eligibility and Geographic Scope

You must be legally capable of entering into a binding contract to use the Platform. The Platform is intended solely for users who are 18 years of age or older. By using SmartRetro, you represent and warrant that you are at least 18 (or the age of majority in your jurisdiction) and have the full legal capacity to agree to and abide by these Terms. If you are accessing the Platform on behalf of a company or other legal entity, you further represent that you have the authority to bind that entity to these Terms.

Geographic Scope: SmartRetro is currently operated and offered only within the United States. The Platform is intended for use by individuals and organizations located in the U.S. only. By using the Platform, you represent and warrant that you are located in the United States and that your use of the Platform will comply with all applicable U.S. laws and regulations. We make no representations that the Platform is appropriate or available for use in other countries. If you access or use SmartRetro from outside the U.S., you do so on your own initiative and are responsible for compliance with any local laws.

Additionally, you may not use the Platform if you are a person barred from receiving services under the laws of the United States — for example, if you are on a U.S. government denied-party or sanctions list or in a country subject to U.S. trade sanctions. The Company reserves the right to refuse access to the Platform to any user or territory outside the United States.

User Accounts & Security

To access certain features of SmartRetro, you may be required to create an account. You agree to provide truthful, current, and complete information when registering for an account, and to promptly update such information if it changes.

You are responsible for maintaining the confidentiality of your account login credentials (such as usernames, passwords, or API keys) and for restricting access to your account. You accept responsibility for all activities that occur under your account. If you become aware of any unauthorized use of or access to your account, you must immediately notify the Company at the contact information provided in these Terms.

We are not liable for any loss or damage arising from your failure to adequately safeguard your username or password, or for delaying in notifying us about unauthorized access.

Where the Platform allows organizational or team accounts with multiple authorized users, you are responsible for managing user access and ensuring that all individuals using your account credentials or sub-accounts are authorized to do so and are informed of their obligations under these Terms.

The Company reserves the right to suspend or terminate any account that it reasonably suspects is being used in violation of these Terms or for unauthorized purposes.

License and Acceptable Use

License Grant

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its services for your internal business purposes (or personal productivity purposes, as applicable). This license is provided solely for you to utilize SmartRetro as intended — to improve team and product operations — and for no other purpose.

No rights or licenses are granted by implication or otherwise except for those expressly granted in these Terms. You may not resell, distribute, or make available the Platform to any third party (except as enabled for authorized team collaboration within your organization), and you may not copy or modify any part of the Platform except as permitted by applicable law or expressly authorized by us in writing. All rights not expressly granted to you are reserved by the Company.

Acceptable Use Policy

You agree to use SmartRetro only for lawful purposes and in accordance with these Terms. You must not misuse the Platform. Prohibited conduct includes, without limitation:

• Unlawful Activity: Using the Platform for any illegal purpose or in violation of any local, state, national, or international law or regulation. This includes storing or transmitting unlawful, threatening, defamatory, or obscene material, or material that infringes any intellectual property or privacy rights of others.
• Unauthorized Access and Security Violations: Attempting to probe, scan, or test the vulnerability of the Platform or any related system or network; breaching or bypassing any security or authentication measures; interfering with or disrupting the integrity or proper working of the Platform (including by introducing viruses, worms, malware, or any other code intended to harm or alter software or data).
• Abusive or Harmful Behavior: Using the Platform to transmit harassing, abusive, or harmful content, or to engage in stalking, bullying, or harassment of any individual or entity. You also agree not to impersonate any person or entity or falsely represent your affiliation with the Company or any other party.
• Intellectual Property Misuse: Reverse engineering, decompiling, or disassembling any aspect of the Platform; attempting to derive source code or underlying ideas or algorithms of any part of the service (except to the limited extent that such activity is expressly permitted by applicable law notwithstanding this limitation).
• Excessive or Improper Use: Using any automated system, bot, scraper, or similar tool to access the Platform in a manner not authorized by the Company or outside the scope of your permitted use. You acknowledge that the Platform is designed to be accessed by AI agents and automated systems as part of its core functionality; however, such access must remain within the parameters authorized by your account tier and these Terms.
• Commercial Exploitation or Resale: You may not reproduce, duplicate, copy, sell, trade, lease, sublicense, or exploit the Platform (or any portion of it) for any commercial purposes outside the scope of these Terms without our prior written consent.

Violation of this Acceptable Use policy may result in suspension or termination of your access to the Platform, and may also subject you to legal penalties or liabilities.

User Content and Data

Ownership of User Content

SmartRetro may allow you to input, upload, or store data, text, files, or other materials (“User Content”). You retain all rights and ownership to your User Content. The Company does not claim ownership of the content that you provide through the Platform.

License to Company

By submitting or storing User Content on the Platform, you grant the Company and its affiliates a non-exclusive, worldwide, royalty-free, fully sublicensable, and transferable license to use, host, reproduce, modify, adapt, create derivative works of, perform, display, distribute, and otherwise process your User Content for the following purposes: (a) to provide, operate, and maintain the Platform and its services to you; (b) to train, develop, fine-tune, improve, and enhance the Company’s artificial intelligence models, machine learning algorithms, AI agents, and related technologies, including the creation of training datasets derived from User Content; (c) to develop, test, and improve new and existing products, services, and features; and (d) to generate aggregated, de-identified, or anonymized datasets and insights.

This license is perpetual and irrevocable with respect to any de-identified, anonymized, or aggregated data derived from your User Content. For clarity, the Company may continue to use AI models that were trained on your User Content even after termination of your account, and you acknowledge that it is not technically feasible to “untrain” an AI model. You expressly consent to the use of your User Content for AI and machine learning purposes as described herein. We will not sell your personal data to third parties.

Your Responsibilities

You are solely responsible for all User Content you upload or input. You represent and warrant that you have all necessary rights, licenses, and permissions to submit the User Content to the Platform and to grant the license above, and that none of your content will:

• infringe or violate the intellectual property rights, privacy rights, publicity rights, or other rights of any third party;
• violate any law or regulation, or contain any information that is unlawful, harmful, defamatory, or obscene;
• contain viruses, malware, or any harmful code.

You agree not to upload or share any personal data or confidential information of others unless you have obtained all necessary consents or have a legal right to do so.

Data Security and Privacy

The Company will implement commercially reasonable security measures to protect User Content from unauthorized access or disclosure. However, you understand and expressly acknowledge that no data transmission or storage system can be guaranteed to be 100% secure, and that the Company cannot and does not guarantee the absolute security of any data.

THE COMPANY IS NOT LIABLE FOR ANY LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS TO USER CONTENT, REGARDLESS OF THE CAUSE, AND YOU ACKNOWLEDGE THAT ANY USER CONTENT YOU PROVIDE IS AT YOUR OWN RISK. YOU EXPRESSLY WAIVE ANY CLAIMS AGAINST THE COMPANY ARISING FROM DATA LOSS, DATA BREACHES, OR UNAUTHORIZED ACCESS TO YOUR DATA, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT.

Aggregated and Training Data

You agree that the Company may collect, use, and process aggregated, anonymized, and de-identified data derived from your use of the Platform and your User Content (collectively, “Platform Data”) for any lawful purpose, including but not limited to: (a) analytics, benchmarking, and reporting; (b) training, developing, fine-tuning, and improving AI and machine learning models, algorithms, and AI agents; (c) improving the Platform and developing new products and services; and (d) creating and licensing datasets, models, and tools that incorporate Platform Data. Such Platform Data shall be owned exclusively by the Company.

Third-Party AI and Service Providers

You acknowledge and agree that the Platform utilizes third-party artificial intelligence models, cloud infrastructure, APIs, and other services (collectively, “Third-Party AI Services”) to deliver its features and functionality. Your User Content may be transmitted to, processed by, and stored on Third-Party AI Services as necessary to operate the Platform. The Company shall not be liable for any acts or omissions of Third-Party AI Service providers.

No Opt-Out of AI Training

You acknowledge that the Company’s use of de-identified, anonymized, and aggregated data derived from your User Content for AI model training and improvement is integral to the Platform’s functionality and value. You agree that you have no right to opt out of such use, and that the Company may continue to use models trained on such data even after your account is terminated or your User Content is deleted. If you do not agree to these terms, your sole remedy is to discontinue use of the Platform.

Data Retention for AI Purposes

Notwithstanding any other provision of these Terms or the Privacy Policy, the Company may retain copies, derivatives, and processed forms of your User Content indefinitely to the extent such data has been incorporated into AI training datasets, model weights, or other AI-related systems. You acknowledge that deletion of your account or User Content does not and cannot result in the removal of data that has already been used to train or improve AI models.

For more details on how we handle and protect your personal information and User Content, please refer to our Privacy Policy.

Intellectual Property Rights

Company Intellectual Property

All rights, title, and interest in and to the Platform, including all software, code, databases, algorithms, user interface design, features, logos, trademarks, trade names, and content provided by the Company (collectively, the “Company Materials”), are and will remain the exclusive property of Profyts LLC and its licensors. SmartRetro™, the SmartRetro logo, and any other product or service names or slogans displayed on the Platform are trademarks of the Company or its affiliates, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Nothing in these Terms grants you any ownership or rights in or to any Company Intellectual Property or Company Materials, aside from the limited right to use the Platform as expressly permitted by these Terms. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform.

Feedback

If you choose to provide any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the Platform (“Feedback”), you hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable right and license to use, copy, modify, and incorporate that Feedback into the Platform or otherwise use it for any lawful purpose, without any obligation to compensate you.

Fees and Payment Terms

If you choose to access a paid version of the Platform or purchase any services or features for which we charge a fee, you agree to pay all applicable fees as described on our website or order form at the time of purchase. Fees may be billed on a one-time, monthly, annual, or otherwise recurring subscription basis, depending on the plan or services you select. All payments are due in U.S. dollars and must be paid promptly.

By providing a payment method (such as a credit card) and enrolling in a paid service, you authorize the Company to charge your payment method for the applicable fees, including on a recurring basis for subscription services. Your subscription will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date.

No Refunds: Except as expressly stated by the Company or as required by law, all fees are non-refundable. If you cancel a subscription or if your access is terminated due to a breach of these Terms, you will not receive a refund or credit for any unused portion of the subscription period (unless required by applicable law or explicitly promised otherwise by us).

The Company reserves the right to change its fees or introduce new fees for the Platform upon providing you with reasonable prior notice. Fee changes will apply at the start of the next billing cycle after the effective date of the change. If you do not agree to a fee change, you may cancel your subscription before the new fees take effect.

Taxes: All fees are exclusive of any taxes, levies, or duties imposed by taxing authorities. You are responsible for any applicable taxes (other than taxes on the Company’s income) associated with your purchase or use of the Platform.

Payment Information: You must provide current, complete, and accurate billing and contact information. You agree to promptly update your account and billing details if they change. If your payment method fails or your account becomes past due, we may collect fees owed using other collection mechanisms, suspend or terminate your access to the paid services, and/or charge you any applicable reactivation fees.

Term and Termination

These Terms remain in effect from the time you first access the Platform until terminated by either you or the Company as set forth below.

Your Right to Terminate: You may stop using the Platform at any time. If you wish to deactivate your account, you may do so through the account settings or by contacting us. If you terminate a paid subscription, you will continue to have access to the service until the end of your current billing period, and your subscription will not renew thereafter.

Company’s Right to Suspend or Terminate: The Company may suspend or terminate your access to the Platform (or any part of it) at any time, with or without notice, if: (a) you violate any provision of these Terms or use the Platform in violation of applicable law; (b) we determine in our reasonable discretion that your use of the Platform poses a security risk or may cause harm to us or any third party; (c) we discontinue the Platform or any part of it; or (d) for any other reason in our sole discretion.

If your account is terminated by the Company without cause, and you have paid for a subscription that has not fully expired, the Company may, in its sole discretion, provide a pro-rated refund for the unused portion of your subscription term. If your account is terminated due to your violation of these Terms, you will not be entitled to any refund or compensation of any kind.

Effect of Termination: Upon any termination, all licenses and rights granted to you will immediately cease. You must cease all use of the Platform, and you will no longer have access to your account or any data within it. The Company has no obligation to maintain or provide your User Content after termination. It is your responsibility to export or back up any important data before your account is terminated. Any provisions of these Terms which by their nature should survive termination shall remain in full force and effect.

Disclaimer of Warranties

Your use of SmartRetro is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions of any kind, whether express, implied, or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, and any warranties that may arise from course of dealing or course of performance.

We do not guarantee that the Platform will be uninterrupted, timely, secure, or error-free, or that any data or content you store via the Platform will be accurate or reliable. No advice or information, whether oral or written, obtained by you from us or through the Platform, shall create any warranty not expressly stated in these Terms.

Any third-party software, services, or links to external websites that are made available or accessible via the Platform are provided solely for your convenience. We do not control, endorse, or make any representations or warranties regarding any third-party services or websites, and your use of such third-party offerings is at your own risk.

AI-Powered Services and Outputs

Nature of AI Services

SmartRetro utilizes artificial intelligence, including AI agents, machine learning models, and automated decision-making systems, to deliver its services. You acknowledge and agree that the Platform’s outputs, recommendations, analyses, content, and actions generated or performed by AI agents (collectively, “AI Outputs”) are produced by automated systems and are not the product of human judgment. AI Outputs may be incomplete, inaccurate, biased, outdated, or otherwise unreliable. The Company does not guarantee the accuracy, completeness, reliability, suitability, or timeliness of any AI Output.

No Professional Advice

AI Outputs do not constitute legal, financial, medical, tax, accounting, or any other form of professional advice. You should not rely on any AI Output as a substitute for consultation with qualified professionals. You are solely responsible for evaluating the appropriateness and accuracy of any AI Output before acting upon it.

AI Agent Actions

Where the Platform enables AI agents to perform actions on your behalf (including but not limited to executing tasks, sending communications, making decisions, or interacting with third-party services), you acknowledge that such actions are performed at your direction and risk. You are solely responsible for configuring, supervising, and reviewing the actions of any AI agents operating under your account.

Assumption of Risk

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF AI-POWERED FEATURES AND AI AGENTS ON THE PLATFORM IS AT YOUR SOLE AND EXCLUSIVE RISK. AI TECHNOLOGY IS INHERENTLY UNPREDICTABLE AND MAY PRODUCE UNEXPECTED, HARMFUL, OR ERRONEOUS RESULTS. BY USING THE PLATFORM, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF AI-POWERED SERVICES. YOU WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARISING FROM OR RELATED TO THE PERFORMANCE, ERRORS, OR FAILURES OF AI FEATURES OR AI AGENTS.

Ownership of AI Outputs

The Company makes no representations or warranties regarding your right to claim intellectual property ownership over any AI Outputs generated by the Platform. As between you and the Company, subject to these Terms, you may use AI Outputs for your lawful purposes, but the Company retains all rights in and to the underlying AI models, algorithms, training data, and technology used to generate such outputs. The Company shall have a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate AI Outputs for the purpose of improving, training, and developing the Platform and its AI models.

Limitation of Liability

To the fullest extent permitted by law, in no event will Profyts LLC, its affiliates, shareholders, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, savings, business opportunity, goodwill, use, data, or other intangible losses, arising out of or related to your use of or inability to use the Platform, however caused, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Cap on Liability: The total cumulative liability of the Company and its affiliates to you for all claims arising out of or related to these Terms or the use of the Platform shall not exceed the greater of: (a) the total amount (if any) you paid to the Company for use of the Platform in the 12 months immediately preceding the claim, or (b) USD $100.00.

The limitations and exclusions of liability in this section shall apply even if a remedy fails of its essential purpose. You acknowledge that the fees (if any) charged for the Platform reflect this allocation of risk and that the Company would not make the Platform available to you without these limitations on liability.

Indemnification

You agree to indemnify, defend, and hold harmless Profyts LLC, its affiliated companies, and each of their respective officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your use of the Platform; (b) your User Content, including any allegation that such content infringes or misappropriates the intellectual property or privacy rights of a third party; (c) your violation of these Terms or of any law or regulation; or (d) your violation of any rights of another party.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This indemnification obligation will survive any termination of your account or of your use of the Platform.

Release of Claims

To the maximum extent permitted by applicable law, you hereby release and forever discharge Profyts LLC, its affiliates, and each of their respective officers, directors, employees, agents, shareholders, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, damages, actions, causes of action, and suits of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, that you now have or may hereafter have against the Released Parties arising out of or in any way related to your use of the Platform.

CALIFORNIA CIVIL CODE SECTION 1542 WAIVER: IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION AND ANY SIMILAR LAW OF ANY OTHER JURISDICTION, AND ACKNOWLEDGE THAT THIS WAIVER IS AN ESSENTIAL TERM OF THESE TERMS.

Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to the Platform or these Terms shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

You and the Company agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in the State of Delaware, and each party consents to the personal jurisdiction and venue of those courts. You waive any objection to jurisdiction or venue in such courts, including any defense of forum non conveniens.

To the extent permitted by law, you and the Company waive any right to a jury trial in any dispute or legal proceeding arising from or related to the Platform or these Terms.

Time to File Claims: Any claim or cause of action arising out of or related to your use of the Platform or these Terms must be filed within one (1) year after such claim arose; otherwise, it is permanently barred (this does not apply where prohibited by applicable law).

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Mandatory Binding Arbitration: Except for disputes that qualify for small claims court and except as otherwise provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the relationship between you and the Company (collectively, “Disputes”), shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, rather than in court.

CLASS ACTION AND COLLECTIVE ACTION WAIVER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY.

Exception for Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party’s intellectual property rights, confidential information, or other proprietary rights, without the requirement of posting a bond or proving actual damages.

Opt-Out: You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to: Profyts LLC, 123 Market Street, Wilmington, DE 19801, USA, within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of this arbitration provision.

Changes to Terms

The Company may modify or update these Terms from time to time. If we make material changes, we will provide advance notice to you by posting the updated Terms on the Platform and/or by sending a notification via email or within the Platform. Unless otherwise stated, revised Terms will become effective upon posting.

By continuing to access or use the Platform after the effective date of any revised Terms, you will be deemed to have accepted the updated Terms. If you do not agree to any change in the Terms, you should stop using the Platform and, if applicable, cancel any subscription or account before the updated Terms take effect.

Electronic Communications and Notices

By using the Platform, you consent to receive communications from the Company electronically, including via email, push notifications, or postings on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You are responsible for ensuring that the email address associated with your account is current and accurate. Notices sent to the email address on file for your account shall be deemed received by you, whether or not you actually read or access the notice.

Force Majeure

Neither the Company nor you shall be liable for any failure or delay in the performance of its obligations under these Terms (other than payment obligations) to the extent such failure or delay results from circumstances beyond the affected party’s reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes or labor disputes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or information systems, hacking, cyberattacks, changes in law, or disruptions in third-party services, AI models, or cloud infrastructure providers.

Miscellaneous

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

No Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without the Company’s prior written consent. The Company may assign or transfer these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law, at any time without notice to you.

Entire Agreement: These Terms (along with any other policies or guidelines expressly referenced herein, such as our Privacy Policy) constitute the entire agreement between you and the Company concerning the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, both written and oral.

No Third-Party Beneficiaries: These Terms are for the benefit of you and the Company (and permitted successors and assigns), and nothing herein is intended to confer any third-party beneficiary rights on any person or entity.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the Platform, please contact us at:

• Email: [email protected]
• Mail: Profyts LLC (d/b/a SmartRetro), 123 Market Street, Wilmington, DE 19801, USA

We will endeavor to respond to inquiries or requests concerning these Terms in a timely manner.