Terms of Service

01Acceptance of Terms

By purchasing, downloading, installing, or using ClickIntent Pro (the "Software"), you ("Customer", "you", or "your") agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, do not install or use the Software. Continued use of the Software after any modification to these Terms constitutes acceptance of the revised Terms.

02Definitions

• "Provider" means SmartSage Web Services, Pune, Maharashtra, India, the developer and distributor of ClickIntent Pro.
• "Software" means the ClickIntent Pro WordPress plugin, including all associated files, updates, and documentation.
• "Free Plugin" means the ClickIntent base plugin, separately distributed and required for the Software to function.
• "Customer Site" means the WordPress installation(s) on which you have a valid license to run the Software.
• "End User" means any visitor to your Customer Site whose data may be captured via the Software's lead and analytics functionality.
• "Subscription" means a time-limited, recurring license to use the Software as sold by the Provider.

03License Grant

Subject to your compliance with these Terms and timely payment of the applicable subscription fee, the Provider grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on the number of WordPress sites permitted by your subscription plan.

You may not:

• redistribute, resell, sublicense, or transfer the Software or your license key to any third party;
• remove, alter, or obscure any proprietary notices within the Software;
• use the Software on more sites than your plan permits without upgrading your subscription;
• except to the extent expressly permitted by applicable law, reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code from any protected or obfuscated portion of the Software.

This license is granted solely for lawful purposes and does not convey any ownership rights in the Software.

License Validation and Telemetry

To validate active subscriptions, deliver updates, and protect against license abuse, the Software may periodically communicate with the Provider's licensing infrastructure.

Such communications may include:

• license key;
• domain or site URL;
• plugin version;
• WordPress version;
• PHP version;
• activation status;
• and server IP address.

These requests are used solely for licensing, security, support, update delivery, and product maintenance purposes.

The Software is not designed to transmit End User lead data, analytics records, or visitor behavioural data to the Provider as part of license validation.

04Subscription & Payment

The Software is sold on a subscription basis. Where your payment method supports automated billing, your subscription will renew automatically at the end of each billing period unless cancelled before the renewal date. For manually processed payments (including bank transfer and PayPal), renewal is your responsibility and the Provider will make reasonable efforts to issue a renewal reminder before your subscription expires. Fees are charged in advance and are non-refundable except as required by applicable law or as expressly stated in our refund policy published on our website at the time of purchase.

The Provider reserves the right to change subscription pricing with reasonable notice. Continued use of the Software after a price change takes effect constitutes acceptance of the new price. Failure to pay subscription fees will result in suspension or termination of your license and deactivation of Pro features.

05Data Responsibility

As the operator of a Customer Site, you are the sole data controller for all personal data gathered via the Software. You are solely responsible for:

• obtaining all necessary consents from End Users before collecting their personal data;
• publishing an accurate and compliant privacy policy on your Customer Site;
• complying with all applicable data protection and privacy laws, including but not limited to India's Digital Personal Data Protection Act 2023 (DPDPA), the EU General Data Protection Regulation (GDPR), the UK GDPR, the California Consumer Privacy Act (CCPA), and any other laws applicable to your jurisdiction and the jurisdictions of your End Users;
• implementing appropriate technical and organisational security measures to protect End User data stored on your server;
• responding to data subject access, deletion, and portability requests from your End Users;
• ensuring your hosting environment and WordPress installation are kept secure and up to date.

Geolocation Functionality

The Software includes optional geolocation enrichment functionality that is disabled by default.

If enabled by the Customer, the Software may temporarily send a visitor IP address from the Customer's server to a third-party geolocation provider in order to derive approximate geographic information such as country, region, or city.

The visitor IP address is processed transiently for lookup purposes and is not retained by the Software after the geolocation response is received.

Only derived approximate geolocation data is stored locally within the Customer's WordPress database.

The Customer is solely responsible for determining whether enabling this functionality requires visitor notice, consent, or additional disclosures under applicable law.

Consent and Tracking Responsibilities

Depending on applicable law and the specific features enabled within the Software, you may be required to obtain visitor consent before enabling geolocation enrichment, behavioural analytics, or other tracking-related functionality.

The Provider does not determine your lawful basis for processing End User personal data and does not provide legal advice regarding compliance obligations under the GDPR, ePrivacy Directive, UK GDPR, DPDPA, CCPA, or any other applicable law.

You are solely responsible for:

• determining whether consent is required;
• implementing any required consent banner or consent management mechanism;
• disabling functionality until consent is obtained where legally required;
• maintaining records of consent where applicable.

The Provider is not responsible for vulnerabilities, breaches, malware infections, unauthorised access, or data loss arising from:

• insecure hosting environments;
• outdated WordPress core installations;
• outdated plugins or themes;
• insecure administrator credentials;
• third-party plugin conflicts;
• compromised servers;
• failure to maintain appropriate backups;
• improper server configuration;
• or any other infrastructure or operational issue outside the Provider's direct control.

06Prohibited Uses

You agree not to use the Software to:

• collect personal data without the knowledge or consent of End Users;
• engage in spamming, phishing, or any other deceptive or unlawful data collection practice;
• use the Software for the collection, storage, or processing of special category or highly sensitive personal data — including health information, biometric data, government-issued identification numbers, financial account credentials, payment card information, or data relating to children — unless you have independently implemented all safeguards and legal compliance measures required under applicable law.
• violate any applicable law, regulation, or third-party rights;
• interfere with or disrupt the integrity of any third-party service the Software interacts with.

Third-Party Services

The Software may interact with or rely upon third-party services, APIs, hosting providers, webhook endpoints, or enrichment services selected or configured by you.

You acknowledge that:

• such third-party services are outside the Provider's control;
• your use of such services is governed by their own terms and privacy policies;
• the Provider makes no warranty regarding the availability, legality, accuracy, security, or compliance status of any third-party service;
• you are solely responsible for evaluating whether any third-party service used in connection with the Software complies with applicable privacy and data protection laws.

07Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Provider expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation:

• any implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• any warranty that the Software will be uninterrupted, error-free, virus-free, or free of other harmful components;
• any warranty regarding the accuracy, reliability, or completeness of analytics data, geolocation data, or any other output produced by the Software;
• any warranty that the Software will be compatible with all current or future versions of WordPress, PHP, or third-party plugins.

You assume all risk associated with the installation and use of the Software. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, such exclusions apply only to the extent permitted by law.

Updates, Compatibility, and Backups

The Provider may release updates, patches, compatibility fixes, feature enhancements, or security improvements for the Software from time to time.

Because WordPress, PHP, themes, hosting environments, and third-party plugins evolve independently, the Provider does not guarantee perpetual compatibility with all current or future:

• WordPress versions;
• PHP versions;
• themes;
• plugins;
• hosting configurations;
• browser environments;
• or third-party integrations.

You are solely responsible for maintaining appropriate backups of your WordPress installation and data prior to installing updates or modifying Software configuration.

08Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Provider, its proprietors, employees, contractors, or affiliates be liable for any:

• indirect, incidental, special, consequential, or punitive damages;
• loss of profits, revenue, data, business, or goodwill;
• cost of substitute goods or services;
• damages arising from a data breach, security incident, or regulatory enforcement action on your Customer Site;
• damages arising from your reliance on analytics data or lead capture data produced by the Software;

whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if the Provider has been advised of the possibility of such damages.

In no event shall the Provider's total cumulative liability to you for all claims arising out of or relating to these Terms or the Software exceed the total subscription fees actually paid by you to the Provider in the twelve (12) months immediately preceding the event giving rise to the claim.

The limitations in this section are fundamental elements of the basis of the bargain between you and the Provider.

09Indemnification

You agree to indemnify, defend, and hold harmless the Provider and its proprietors, employees, contractors, and affiliates from and against any claims, liabilities, damages, judgments, fines, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• your use of the Software or your Customer Site;
• your collection, storage, or processing of End User personal data;
• your violation of these Terms or any applicable law;
• any claim by an End User or regulator relating to data collected via the Software on your Customer Site.

10Intellectual Property

The Software, including all code, design, documentation, and associated materials, is the intellectual property of SmartSage Web Services and is protected by applicable copyright and other intellectual property laws. These Terms do not transfer any ownership rights to you.

The ClickIntent and ClickIntent Pro names, logos, and related marks are trademarks of SmartSage Web Services. You may not use these marks without prior written permission.

Open Source Components

The Software may include or rely upon third-party open-source software components that are subject to their own applicable licenses. Nothing in these Terms limits your rights under the applicable open-source licenses governing such components.

11Termination

The Provider may suspend or terminate your license immediately and without notice if you breach these Terms, fail to pay subscription fees, or use the Software in a manner that could expose the Provider to legal or reputational risk.

You may terminate your subscription at any time by contacting us at hello@getclickintent.com with a cancellation request. Upon termination, your license to use the Software ends. All provisions of these Terms that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and governing law) will continue to apply.

Deletion or deactivation of the Software does not automatically remove data collected and stored within your WordPress database unless explicitly deleted by you.

You are solely responsible for:

• deleting collected End User data where legally required;
• managing retention periods;
• handling export or portability requests;
• and securely removing plugin-related database records if desired.

12Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Maharashtra, India, without regard to its conflict-of-law principles. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India.

Before initiating any formal legal proceedings, both parties agree to attempt in good faith to resolve the dispute informally by notifying the other party in writing and allowing thirty (30) days for resolution.

13Changes to These Terms

The Provider reserves the right to modify these Terms at any time. When changes are made, the "Last updated" date at the top of this page will be revised. For material changes, we will make reasonable efforts to notify active subscribers via email or an in-plugin notice.

Your continued use of the Software after the effective date of revised Terms constitutes your acceptance of those changes.

14Contact

Questions about these Terms may be directed to:

SmartSage Web Services
Pune, Maharashtra, India
Email: hello@getclickintent.com