Terms of Service

Last Updated: June 6, 2026

These Terms of Service (“Terms”) are a binding agreement between you and SalesQuant LLC, a California limited liability company (“SalesQuant,” “we,” “our,” or “us”), governing your access to and use of SmokeQuant, the platform we operate, including the website at smokequant.com, the application at app.smokequant.com, and any related services (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICES, YOU AGREE TO THESE TERMS AND TO THE PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

1. Eligibility and Accounts

1.1 Eligibility

The Services are intended for business use by individuals 18 years of age or older. By using the Services, you represent that you are at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.

1.2 Account Creation

To use most features of the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your login credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activity that occurs under your account

1.3 Organization Accounts

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to both you individually and the organization.

2. The Services

2.1 What We Provide

SmokeQuant provides software tools for sales intelligence, regulatory compliance tracking, lead generation, customer relationship management, and industry news aggregation focused on the alternative products distribution industry.

2.2 Changes to the Services

We continuously develop and improve the Services. We may add, change, suspend, or discontinue features at any time. We will provide reasonable notice of material changes that reduce core functionality.

2.3 Beta and Preview Features

We may make early-access, beta, or preview features available. These features are provided “as is,” may contain errors, and may change or be discontinued without notice.

3. Compliance Data Disclaimer

THIS SECTION IS IMPORTANT. PLEASE READ IT CAREFULLY.

The Services include compliance information, regulatory status data, legislative tracking, enforcement news, and other content related to laws and regulations governing alternative products. This information is provided for general informational purposes only and does not constitute legal, regulatory, or compliance advice.

You acknowledge and agree that:

• Laws and regulations change frequently. Information in the Services may become outdated between updates.
• Information may contain errors. Sources may be incomplete, delayed, or incorrect.
• Your use is at your own risk. You are solely responsible for verifying the current status of any law or regulation before making business decisions.
• Not a substitute for counsel. The Services are not a substitute for consultation with qualified legal, regulatory, or compliance professionals.
• No legal relationship. Your use of the Services does not create an attorney-client, advisor-client, or other professional relationship with SmokeQuant.

You agree to consult qualified legal counsel before making any decision to ship, sell, distribute, market, or otherwise engage in commerce involving regulated products in any jurisdiction.

4. Subscriptions, Fees, and Payment

4.1 Subscription Plans

The Services are offered on a subscription basis. Plan pricing, features, and limits are described on smokequant.com or in a written order. By subscribing, you agree to pay the applicable fees.

4.2 Billing

Fees are billed in advance on a monthly or annual basis, depending on the plan you select. All fees are in U.S. dollars unless otherwise stated.

4.3 Auto-Renewal

AUTOMATIC RENEWAL NOTICE (REQUIRED BY CALIFORNIA LAW AND APPLIED TO ALL CUSTOMERS):

Your subscription is a continuous service that automatically renews at the end of each subscription term (monthly or annual, as selected) at the then-current price, and you will be automatically charged using the payment method on file, until you cancel.

• Monthly subscriptions: renew every month on the billing anniversary date.
• Annual subscriptions: renew every 12 months on the billing anniversary date. For annual subscriptions, we will send an email reminder to the address on your account between 15 and 45 days before the renewal date, reminding you that your subscription will auto-renew and how to cancel.
• Cancellation: you may cancel auto-renewal at any time, for any reason, by emailing support@smokequant.com. Cancellation takes effect at the end of the current billing period. You will retain access to paid features through the end of the period for which you have already paid.
• No penalty for cancellation: there is no cancellation fee.
• Acknowledgment of auto-renewal terms: by subscribing, you acknowledge that you have read and agreed to the auto-renewal terms, the recurring charge, and the cancellation method described here.

4.4 Taxes

Fees do not include taxes. You are responsible for any applicable sales, use, value-added, or similar taxes.

4.5 Refund Policy

We offer a 30-day unconditional refund from the date of initial purchase. To request a refund within 30 days, contact support@smokequant.com. After the 30-day window, fees are non-refundable except as required by law. We do not prorate refunds for partial subscription periods.

4.6 Price Changes

We may change pricing for future subscription terms. We will provide at least 30 days’ notice of price changes before they affect your next renewal. Continued use after the price change takes effect constitutes acceptance.

4.7 Failed Payments

If a payment fails, we may suspend access to the Services until the payment is resolved. Accounts with unresolved failed payments after 30 days may be terminated.

5. Your Data and Content

5.1 Ownership

You retain ownership of all data, content, and information that you upload, import, or create within the Services (“Customer Data”).

5.2 License to Us

You grant SmokeQuant a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, and display Customer Data solely to the extent necessary to provide and improve the Services and as permitted by the Privacy Policy.

5.3 Your Responsibilities for Customer Data

You represent and warrant that:

• You have all rights and permissions necessary to upload and process Customer Data through the Services
• Your collection and use of Customer Data complies with all applicable laws, including privacy, data protection, and anti-spam laws
• Customer Data does not infringe any third-party rights
• You will respond to any requests from individuals whose personal information you upload (including access, deletion, and opt-out requests) in accordance with applicable law

5.4 Data Export and Deletion

You may request a copy of your Customer Data while your account is active. Upon account cancellation, we will delete Customer Data according to our Privacy Policy’s retention schedule.

6. Acceptable Use

You agree not to, and not to allow others to:

• Use the Services in violation of any applicable law or regulation
• Use the Services to send unsolicited marketing communications that violate CAN-SPAM, TCPA, CASL, GDPR, or similar laws
• Send communications to individuals who have opted out or are on any applicable do-not-contact list
• Upload content that is unlawful, fraudulent, defamatory, obscene, or infringing
• Attempt to gain unauthorized access to the Services, other accounts, or our systems
• Reverse engineer, decompile, or disassemble the Services, except as permitted by law
• Resell, sublicense, or distribute the Services without our written permission
• Scrape, crawl, or extract data from the Services by automated means except through APIs we provide
• Use the Services to build a competing product or service
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services to transmit viruses, malware, or other harmful code
• Exceed reasonable usage limits or attempt to circumvent technical limitations

We may suspend or terminate accounts that violate this section.

7. Outbound Communications and Compliance

If you use the Services to send emails, text messages, voice messages, or other communications to third parties, you are solely responsible for compliance with all applicable laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the Florida Telephone Solicitation Act (FTSA), other state telemarketing laws, CASL, and GDPR. You represent that you have the necessary consent and legal basis to send any such communications, and you will honor all opt-out requests promptly.

SmokeQuant is not responsible for communications you initiate through the Services. You agree to indemnify SmokeQuant against claims arising from your communications.

8. Intellectual Property

8.1 Our IP

The Services, including all software, content, design, text, graphics, and compiled data (other than Customer Data), are owned by SmokeQuant or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes in accordance with these Terms.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant SmokeQuant a perpetual, irrevocable, royalty-free license to use them without any obligation to you.

9. Third-Party Services

The Services may integrate with or link to third-party services (such as payment processors, email providers, or data sources). Your use of those services is governed by their own terms. We are not responsible for third-party services.

10. Confidentiality

Each party may have access to the other’s non-public business information. Each party agrees to protect the other’s confidential information with at least the same care it uses for its own, and to use it only for purposes of these Terms. This section survives termination.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SALESQUANT DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY OF DATA.

WITHOUT LIMITING THE FOREGOING, SALESQUANT DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) COMPLIANCE, REGULATORY, NEWS, OR LEAD DATA IS ACCURATE, COMPLETE, OR CURRENT; OR (C) THE SERVICES WILL MEET YOUR REQUIREMENTS.

YOU ASSUME ALL RISK FROM USE OF THE SERVICES, INCLUDING ANY BUSINESS DECISIONS MADE IN RELIANCE ON COMPLIANCE OR REGULATORY INFORMATION PROVIDED BY THE SERVICES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SALESQUANT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SALESQUANT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SALESQUANT IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless SmokeQuant and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services
• Your Customer Data
• Your communications sent through the Services
• Your violation of these Terms
• Your violation of any law or third-party right
• Any business decision made in reliance on information from the Services

14. Term and Termination

14.1 Term

These Terms begin when you accept them and continue until terminated.

14.2 Termination by You

You may cancel your account at any time by emailing support@smokequant.com. Cancellation takes effect at the end of the current billing period.

14.3 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, if required by law, or if continuing to provide the Services is no longer commercially reasonable. We may also terminate for any reason with 30 days’ written notice.

14.4 Effect of Termination

Upon termination: (a) your right to access the Services ends immediately; (b) you remain responsible for any fees accrued before termination; (c) we will handle Customer Data as described in the Privacy Policy; and (d) sections that by their nature should survive termination (including Sections 3, 5.3, 6, 7, 8, 10, 11, 12, 13, 15, and 16) will survive.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Informal Resolution

Before filing any formal dispute, you agree to attempt to resolve the dispute informally by contacting support@smokequant.com. We will attempt in good faith to resolve the dispute within 30 days.

15.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, held in Orange County, California, or by video conference. Judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND SALESQUANT EACH AGREE TO BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

15.4 Exceptions

Either party may bring a claim for injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent unauthorized use of the Services. Either party may also bring an individual claim in small-claims court.

15.5 Opt-Out

You may opt out of the arbitration agreement in Section 15.2 and the class action waiver in Section 15.3 by sending written notice to support@smokequant.com within 30 days of first accepting these Terms.

16. General

16.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to Section 15, the state and federal courts located in Orange County, California have exclusive jurisdiction over any disputes not subject to arbitration.

16.2 Entire Agreement

These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and SmokeQuant regarding the Services.

16.3 Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Services at least 30 days before the changes take effect. Continued use after the effective date constitutes acceptance.

16.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets.

16.5 Severability

If any provision is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

16.6 No Waiver

Our failure to enforce any right or provision does not constitute a waiver.

16.7 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control.

16.8 Notices

Notices to you will be sent to the email address on your account. Notices to us should be sent to support@smokequant.com and by mail to the address below.

16.9 Relationship of the Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties.

17. Contact

Email: support@smokequant.com