SMARTACQUIRE

End User License Agreement

Effective Date: February 12, 2026

This End User License Agreement ("Agreement") is a legal agreement between you ("User," "you," or "your") and Navot Yellin, operating as SmartAcquire ("SmartAcquire," "we," "us," or "our"). This Agreement governs your access to and use of the SmartAcquire website at www.trysmartacquire.com and all related services, tools, analyses, and content (collectively, the "Service").

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy, which is incorporated by reference. If you do not agree to these terms, do not use the Service.

1. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.

2. Account Registration and Security

To access certain features of the Service, you must create an account using a valid email address or Google sign-in. You agree to provide accurate information and to keep your login credentials confidential. You are responsible for all activity that occurs under your account.

Accounts are intended for individual use. You may not share your account credentials with third parties. You may, however, share specific deal reports or analysis outputs with business partners, advisors, lenders, or co-buyers who are directly involved in evaluating or pursuing a business acquisition that was analyzed through the Service.

You agree to notify us immediately at admin@trysmartacquire.com if you become aware of any unauthorized use of your account.

3. License Grant

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal and professional use in evaluating business acquisition opportunities.

This license permits you to:

Use the Service to generate, view, and save deal analyses.
Export deal reports for your own use, including sharing with advisors, lenders, and other parties involved in a potential acquisition.
Use exported reports in a professional or commercial context, such as presenting analyses to clients or business partners.

This license does not permit you to sublicense, resell, or redistribute access to the Service itself.

4. Intellectual Property

4.1 Our Property

The Service, including its design, features, algorithms, scoring methodology, software, text, graphics, and all other content and materials, is owned by SmartAcquire and protected by applicable intellectual property laws. All deal analyses, scores, and reports generated by the Service are the intellectual property of SmartAcquire, licensed to you under the terms of Section 3.

4.2 Feedback

If you provide suggestions, feedback, or ideas regarding the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without any obligation to you.

4.3 Your Data

You retain ownership of any personal data and inputs you provide to the Service. By using the Service, you grant us a limited license to use your inputs solely for the purpose of operating the Service and generating your analyses.

5. Prohibited Uses

You agree not to:

Scrape, crawl, or harvest data from the Service using automated tools, scripts, bots, or any other automated means.
Reverse engineer, decompile, or disassemble any part of the Service, including its algorithms or scoring methodology.
Resell, redistribute, or commercially exploit any data, analyses, or content obtained from the Service, except as expressly permitted in Section 3 (sharing reports in the context of business acquisitions).
Automate analysis generation by submitting deal data through programmatic or automated means rather than normal manual use of the interface.
Circumvent or interfere with any security features, access controls, or usage limitations of the Service.
Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Transmit any viruses, malware, or other harmful code through the Service.
Use the Service in a manner that could damage, disable, or impair the Service or interfere with other users' access.

We reserve the right to determine, in our sole discretion, whether any use violates these terms.

6. Fees and Payment

The Service currently offers features at no charge. We reserve the right to introduce paid features, subscription tiers, or premium services in the future. If we do, the following terms apply:

We will clearly identify which features require payment before you are charged.
All fees will be disclosed at the time of purchase and are stated in U.S. dollars.
All sales are final. We do not offer refunds as a matter of policy. However, we may, at our sole discretion, issue refunds or credits on a case-by-case basis.
If a subscription is introduced, you may cancel at any time. Cancellation takes effect at the end of the current billing period, and no partial refunds will be issued for unused time. Subscriptions will automatically renew at the end of each billing period unless you cancel before the renewal date. We will clearly disclose auto-renewal terms and provide instructions for cancellation at the time of purchase.
We reserve the right to change pricing with reasonable notice. Continued use after a price change constitutes acceptance of the new pricing.

7. Data Accuracy and Disclaimers

7.1 No Financial, Legal, or Investment Advice

The Service is an informational tool designed to assist in the evaluation of business acquisition opportunities. The Service does not provide financial, legal, tax, or investment advice. Deal scores, risk assessments, bankability analyses, growth projections, and all other outputs are for informational and educational purposes only.

You should consult with qualified professionals — including accountants, attorneys, financial advisors, and SBA lenders — before making any business acquisition decisions. SmartAcquire is not a substitute for professional due diligence.

7.2 Statistical Projections, Not Guarantees

All analyses generated by the Service are based on statistical models, historical data, and mathematical calculations. These are projections and estimates — not guarantees of future performance, deal outcomes, loan approval, or business success. Actual results may differ materially from any analysis provided by the Service.

7.3 Third-Party Data

The Service incorporates data from third-party sources, including business listing platforms, the U.S. Census Bureau, the Bureau of Labor Statistics, the Small Business Administration, and other public and proprietary data sources. We do not control these sources and make no representations or warranties regarding the accuracy, completeness, timeliness, or reliability of third-party data.

Third-party data may contain errors, may be outdated, or may not reflect current market conditions. SmartAcquire is not responsible for any inaccuracies in data obtained from external sources.

7.4 Listing Data

Business listing data displayed in the Service is sourced from third-party platforms and is presented as-is. We do not verify the accuracy of listing details, including but not limited to asking prices, revenue figures, seller's discretionary earnings, years in business, or any other listing attributes. You are responsible for independently verifying all listing information.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTACQUIRE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY ANALYSIS, SCORE, OR PROJECTION WILL BE ACCURATE OR RELIABLE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMARTACQUIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, FAILED ACQUISITIONS, LOAN DENIALS, OR RELIANCE ON ANY ANALYSIS OR DATA PROVIDED BY THE SERVICE.

IN NO EVENT SHALL SMARTACQUIRE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO SMARTACQUIRE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SMARTACQUIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless SmartAcquire, its owner, affiliates, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of this Agreement; (c) your violation of any applicable law or regulation; or (d) any business decisions you make based on analyses or information obtained from the Service.

11. Account Termination

11.1 Termination by You

You may close your account at any time by contacting us at deleteme@trysmartacquire.com.

11.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to, violations of this Agreement, abusive behavior, suspected fraud, or extended inactivity.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may, but are not obligated to, retain your data in accordance with our Privacy Policy. Sections 4, 5, 7, 8, 9, 10, 13, and 14 of this Agreement survive termination.

12. Modifications to the Service and Agreement

12.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

12.2 Agreement Changes

We may update this Agreement from time to time. If we make material changes, we will notify you by posting the updated Agreement on the Service with a new effective date. Your continued use of the Service after any changes constitutes your acceptance of the updated Agreement. If you do not agree to the changes, you must stop using the Service.

13. Dispute Resolution

13.1 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in the State of New York. Filing fees and arbitration costs shall be allocated in accordance with the AAA's Consumer Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.2 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST SMARTACQUIRE. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

13.3 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court in New York for disputes within that court's jurisdictional limits.

13.4 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to admin@trysmartacquire.com within thirty (30) days of first using the Service. If you opt out, disputes will be resolved in the state or federal courts located in the State of New York.

14. General Provisions

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

14.2 Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and SmartAcquire regarding your use of the Service and supersedes all prior agreements and understandings.

14.3 Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.4 Waiver

Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

14.5 Assignment

You may not assign or transfer this Agreement or your rights under it without our prior written consent. We may assign this Agreement without restriction.

14.6 Force Majeure

SmartAcquire shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.

15. Contact Us

If you have questions about this Agreement, please contact us at:

SmartAcquire Email: admin@trysmartacquire.com Website: www.trysmartacquire.com