Terms of Service

1. Acceptance of Terms

By accessing or using SiteSmart ("the Service"), operated by SiteSmart ("we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

2. Description of Service

SiteSmart is a commercial opportunity identification platform that provides location intelligence, market analysis, demographic data, competitor insights, and revenue forecasting tools. The Service is designed to assist businesses in making informed location-based decisions.

3. User Accounts

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.

4. Subscriptions, Billing, and Cancellation

• Fees. Paid features of the Service are offered at the prices and billing cycle presented at the time of purchase, plus any applicable taxes.
• Automatic renewal. Paid subscriptions renew automatically at the end of each billing period, and your payment method is charged at the start of each new period, until you cancel. By purchasing a subscription, you authorize these recurring charges.
• Cancellation. You may cancel at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Refunds. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial billing periods or unused service.
• Price changes. We may change subscription prices with at least thirty (30) days' notice; changes apply from your next billing period, and continued use after the change takes effect constitutes acceptance.
• Non-payment. We may suspend or downgrade access to paid features if a payment cannot be processed after reasonable attempts to notify you.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Scrape, crawl, or use automated means to access the Service without permission
• Redistribute, resell, or sublicense the data or reports generated by the Service without authorization
• Upload malicious code, viruses, or harmful content

6. Data and Reports

• Reports and analyses generated by SiteSmart are provided for informational purposes and to support decision-making.
• We do not guarantee the accuracy, completeness, or timeliness of any data, analysis, or forecast provided by the Service.
• SiteSmart should not be used as the sole basis for any business, investment, or real estate decision. Users should conduct their own due diligence.
• Revenue projections and market forecasts are estimates based on statistical models and available data. Actual results may vary.

7. Intellectual Property

The Service, including its design, features, code, and content, is owned by SiteSmart and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our written consent.

You retain ownership of any data you upload to the platform. By uploading data, you grant us a limited license to use it solely for the purpose of providing the Service to you.

8. Third-Party Data

The Service incorporates data from third-party providers, including the U.S. Census Bureau, Esri, Foursquare, and Google. Use of this data is subject to those providers' terms and conditions, and we are not responsible for the accuracy or availability of third-party data.

Where the Service displays Google Maps content, your use of that content is also subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

9. Limitation of Liability

To the maximum extent permitted by law, SiteSmart shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of the Service.

Our total liability for any claim arising from the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Termination

We reserve the right to suspend or terminate your access to the Service at our discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users or the Service.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the revised Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. You agree that any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Rockwall County, Texas, and you consent to the personal jurisdiction and venue of those courts.

14. Contact Us

If you have questions about these Terms, please contact us at hello [at] sitesmart.us.