Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“you,” “your,” or “Customer”) and Smoke Signals AI, LLC (“Smoke Signals,” “we,” “us,” or “our”), governing your access to and use of Throughline, the websites at throughline.smokesignals.ai, and any related services, documentation, APIs, or features we make available (collectively, the “Service”).

By accessing or using the Service, by signing an order form referencing these Terms, or by clicking “I agree,” you accept these Terms. If you are accepting on behalf of a company or other entity, you represent that you have the authority to bind that entity, and “you” refers to that entity.

Throughline is a content operations platform that helps you plan, draft, design, and publish marketing content and interactive micro-applications, with assistance from third-party large language models and integrations (for example, with HubSpot). We may modify, add, or remove features at any time; we will not materially reduce features that a paid plan depends on without reasonable notice.

• You must register for an account to use most features. You agree to provide accurate information and to keep it current.
• You are responsible for all activity that occurs under your account and for safeguarding your credentials. Notify us immediately at [email protected] if you suspect unauthorized use.
• You must be at least 18 years old and legally able to enter into this agreement.

• Paid plans renew automatically at the interval shown at signup unless you cancel before the renewal date. You authorize us (and our payment processor) to charge your payment method for all applicable fees.
• Credit consumption, overages, and add-ons are charged per the pricing displayed in-product at the time of purchase. Credits expire at the end of each billing period unless we explicitly state otherwise.
• All fees are exclusive of taxes. You are responsible for any sales, use, value-added, or similar taxes, except for taxes based on our net income.
• Except where prohibited by law, fees are non-refundable and non-creditable. We may change pricing on at least 30 days’ notice for the next billing period.

You retain all rights, title, and interest in the data, copy, designs, and other materials you upload, generate, or transmit through the Service (“Customer Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Content solely as necessary to operate, secure, improve, and provide the Service to you, and to comply with law.

You represent and warrant that (i) you own or have all necessary rights to Customer Content; (ii) Customer Content does not infringe any third party’s rights or violate any law; and (iii) you have obtained all consents required to share contact data, lead data, or personal information with the Service.

The Service uses large language models and other AI systems to generate drafts, summaries, embeddings, suggestions, and other output (“AI Output”). AI Output is produced based on your inputs, our prompts, and the underlying models — it may be inaccurate, incomplete, or unsuitable for your purposes. You are solely responsible for reviewing and approving AI Output before relying on it or publishing it.

As between you and us, you own the AI Output produced from your inputs, subject to your compliance with these Terms and the underlying model providers’ terms. We do not warrant that AI Output will be original or that similar output will not be produced for other users.

You will not, and will not allow anyone else to:

• use the Service to violate any law, regulation, or third-party right;
• upload or transmit malicious code, content that is unlawful, defamatory, harassing, or that infringes intellectual property;
• attempt to reverse engineer, decompile, or extract the source code of the Service, except as expressly permitted by law;
• interfere with the integrity, performance, or security of the Service, including by probing, scanning, or testing without our prior written consent;
• use the Service to develop a competing product, train a competing model, or benchmark for the benefit of a competitor;
• send spam, deceptive, or unsolicited messages to anyone, including using lead-capture forms generated by the Service in violation of CAN-SPAM, GDPR, CASL, or similar laws;
• exceed plan limits or scrape the Service in volumes inconsistent with normal interactive use.

The Service integrates with third-party services (for example, HubSpot, Anthropic, Stripe, Resend, and others). Your use of those services is governed by their own terms and privacy notices. We are not responsible for any third-party service or for the consequences of your use of them. You authorize us to access third-party services on your behalf when you connect them.

We may suspend or terminate your access to the Service immediately if you materially breach these Terms, if continued provision would violate law, or if your account presents a security or fraud risk. For non-material breaches, we will provide notice and a reasonable opportunity to cure where practical.

You may cancel your subscription at any time from your account settings. Cancellation stops future renewals but does not refund fees already paid except as required by law. Upon termination, your right to use the Service ends; we may delete Customer Content after a reasonable retention window, and you should export anything you want to keep.

Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Each party will use reasonable care to protect the other’s Confidential Information, use it only to perform under these Terms, and disclose it only to its personnel and advisors who need to know and are bound by similar obligations.

The Service, including all software, designs, documentation, model configurations, prompts, and trademarks, is owned by Smoke Signals and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No other rights are granted by implication or estoppel.

If you submit feedback, suggestions, or ideas about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback without obligation to you.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI OUTPUT WILL BE ACCURATE OR RELIABLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID OR OWE US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You will defend, indemnify, and hold harmless Smoke Signals, its affiliates, and its and their officers, employees, and agents from any third-party claim, loss, or expense (including reasonable attorneys’ fees) arising out of (i) your Customer Content; (ii) your use of the Service in violation of these Terms; (iii) your violation of any law or third-party right; or (iv) any messages, lead-capture forms, or other communications you generate with the Service.

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. You and Smoke Signals agree to bring any dispute exclusively in the state or federal courts sitting in Middlesex County, Massachusetts, and you consent to the personal jurisdiction of those courts. The parties waive the right to a jury trial.

We may update these Terms from time to time. If we make material changes, we will provide notice in the Service or by email at least 15 days before the changes take effect. Your continued use after the effective date of the changes constitutes acceptance of the updated Terms.

• Entire agreement. These Terms, together with any order form and our Privacy Policy, are the entire agreement between you and us regarding the Service and supersede any prior agreements on the subject.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• No waiver / severability. A failure to enforce any provision is not a waiver. If any provision is unenforceable, the rest will remain in effect.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.
• Notices. Legal notices to us must be sent to 32 Clelland Road, Lexington, MA 02421, with a copy emailed to [email protected].

Smoke Signals AI, LLC
32 Clelland Road, Lexington, MA 02421
[email protected]