Terms of Service

SmartHelping Terms of Service and Template License

Effective date: July 15, 2026

These Terms of Service and Template License (“Terms”) form a binding agreement between you and [Jason Varner], doing business as SmartHelping (“SmartHelping,” “we,” “us,” or “our”). These Terms govern your access to smarthelping.com (the “Site”) and your purchase, download, access, or use of any spreadsheet, financial model, template, formula, calculation, workbook, documentation, written instruction, example, update, or related material provided through the Site or an authorized marketplace (collectively, the “Materials”).

By purchasing and downloading any template or template bundle, purchasing or downloading Materials, or otherwise using the Site or Materials after being presented with these Terms, you agree to these Terms. If you are acting for a company or other organization, you represent that you have authority to bind that organization.

1. Ownership

The Materials are licensed, not sold. SmartHelping and its licensors retain all ownership and intellectual-property rights in the Materials, including their original selection, arrangement, structure, presentation, documentation, formulas, written explanations, and other protectable elements.

“Template Content” includes the Materials and any formulas, logic, structure, layouts, labels, instructions, examples, or other portions extracted from them, together with modifications or derivative versions that retain a substantial portion of the Materials.

Your independently entered business data remains yours. Ordinary reports or results containing only your data are not Template Content unless they disclose, reproduce, or enable reconstruction of the underlying Materials.

All rights not expressly granted under these Terms are reserved.

2. Standard End-User License

After full payment of the applicable purchase price, SmartHelping grants you a limited, nonexclusive, nontransferable, nonsublicensable license to use the purchased Materials for:

  1. your personal purposes or the internal operations of one purchasing legal entity;
  2. analysis, planning, forecasting, and decision support for that entity; and
  3. consulting services you provide to clients, subject to the restrictions below.

You may make reasonable backup and working copies and may modify the Materials for your permitted use.

When using Materials for consulting, you may provide a client with reports, charts, exported results, recommendations, and other client-specific deliverables that do not expose a reusable copy of the Materials. Unless SmartHelping gives written permission or the client purchases a separate license, you may not give a client an editable workbook or reusable portion of the Template Content.

Your employees and individual contractors may use the Materials solely for your permitted purposes, provided they are subject to confidentiality and use restrictions at least as protective as these Terms. Affiliates, clients, educational institutions, students, and other third parties are not covered unless expressly stated in writing.

3. General Restrictions

Except where SmartHelping expressly permits it in writing, you may not:

  • sell, resell, sublicense, rent, publish, distribute, share, transfer, or publicly display the Materials or Template Content;
  • post the Materials to a shared drive, public repository, marketplace, template library, or file-sharing service accessible by unauthorized persons;
  • use Template Content to create a competing, substitutive, or substantially similar template, workbook, product, service, or template collection for sale, licensing, or distribution;
  • systematically extract formulas, calculations, layouts, documentation, or logic for reuse outside your permitted internal or consulting work;
  • remove copyright notices, license notices, watermarks, attribution, or other rights-management information;
  • distribute the Materials to students, members, franchisees, portfolio companies, customers, or clients without an appropriate separate or bulk license; or
  • use the Site or Materials unlawfully, fraudulently, or in violation of another person’s rights.

You may inspect, understand, and modify editable formulas for your permitted use. The fact that formulas or other components are visible or editable does not grant permission to redistribute, commercialize, or use them for AI Development Use.

4. Prohibition on AI and Machine-Learning Development

NO PURCHASE OR STANDARD LICENSE INCLUDES THE RIGHT TO USE THE MATERIALS FOR AI OR MACHINE-LEARNING DEVELOPMENT.

Without a separate written AI Training License signed by SmartHelping, you may not directly or indirectly use, copy, scrape, extract, upload, disclose, transmit, or make available any Materials or Template Content for an “AI Development Use.”

“AI Development Use” means using Template Content to:

  1. train, pre-train, fine-tune, align, reinforce, distill, validate, test, evaluate, benchmark, or improve an artificial-intelligence or machine-learning model;
  2. develop or improve a large language model, generative model, predictive model, automated decision system, spreadsheet-generation system, financial-modeling system, agent, or similar technology;
  3. create or contribute to a training dataset, evaluation dataset, corpus, ground-truth collection, synthetic-data collection, embedding, vector database, retrieval system, retrieval-augmented-generation system, or persistent AI knowledge base;
  4. enable a model or system to reproduce, approximate, infer, generate, reconstruct, or substitute for any Material, Template Content, formula, methodology, structure, or logic;
  5. systematically generate outputs or synthetic examples from the Materials for use in developing, evaluating, or improving an AI or machine-learning system; or
  6. provide Template Content to an affiliate, client, vendor, contractor, researcher, model provider, open-source project, or other third party for any of the foregoing purposes.

This restriction applies whether the use is commercial or noncommercial, internal or external, public or private, and whether the resulting model is proprietary, open source, locally hosted, or operated by a third party. It also applies whether the original Materials are retained or deleted after use.

For clarity, ordinary use of an AI-enabled application solely to perform a transient calculation or help analyze your own data is not prohibited merely because the application uses AI, provided that Template Content is not retained, added to a dataset or persistent knowledge base, or used to train, evaluate, benchmark, or improve any model.

Any dataset, embedding, vector store, adapter, checkpoint, model, knowledge base, or other artifact created through a prohibited AI Development Use is an “Unauthorized AI Artifact” under these Terms and may not be used, distributed, licensed, sold, or commercialized.

5. Separate AI Training License and Upfront Fee

SmartHelping may, in its sole discretion, authorize a defined AI Development Use through a separate written agreement signed by SmartHelping and the prospective licensee.

An AI Training License requires payment in full of a one-time, upfront fee negotiated before any AI Development Use begins. The negotiated fee may depend on the Materials involved, the number and type of models, the intended use, the number of organizations and users, anticipated commercial deployment, distribution, and other licensing terms.

No AI rights begin until:

  1. the parties have signed the separate AI Training License;
  2. the agreement identifies the permitted Materials, models, organization, and use;
  3. all required information has been provided; and
  4. SmartHelping has received the negotiated fee in cleared funds.

A normal template purchase, bundle purchase, subscription, consulting engagement, email exchange, request for permission, or payment not accompanied by a signed AI Training License does not grant AI Development Use rights.

Offering to pay after an unauthorized use does not create a retroactive license or require SmartHelping to grant one. Unauthorized prior use may be resolved only through a written license, settlement, or other agreement signed by SmartHelping.

AI licensing requests may be sent to [email protected].

6. Automated Access and Text-and-Data Mining Reservation

Except for ordinary user-facing search-engine indexing that does not support AI development, you may not use bots, crawlers, scrapers, automated downloaders, browser automation, or similar systems to access, copy, harvest, or analyze the Site or Materials without written permission.

To the fullest extent permitted by law, SmartHelping expressly reserves all rights to reproduce, extract, and use the Site and Materials for text and data mining, including the reservation contemplated by Article 4(3) of Directive (EU) 2019/790 and equivalent national laws. This reservation is intended to apply contractually and through any machine-readable notices, metadata, crawler controls, or technical signals made available by SmartHelping.

7. Purchases, Delivery, and Updates

Prices, taxes, delivery methods, included files, update rights, and refund conditions are those displayed on the applicable product page or during checkout.

Except where expressly stated otherwise or required by applicable law, payments are nonrefundable after the Materials have been accessed or downloaded. Any promise of lifetime access, future updates, or newly added templates applies only when expressly included in the applicable product description.

When Materials are purchased through a third-party marketplace or payment provider, that provider’s payment and marketplace terms also apply. These Terms continue to govern the license to and permitted use of the Materials.

8. No Financial, Investment, Tax, Accounting, or Legal Advice

The Materials are general-purpose tools and examples. They are not financial, investment, tax, accounting, legal, lending, valuation, or other professional advice.

Model results depend on the assumptions, inputs, formulas, accounting treatment, and circumstances selected by the user. You are responsible for reviewing the Materials, validating formulas and outputs, determining whether the Materials are appropriate for your circumstances, and obtaining professional advice when appropriate.

SmartHelping does not guarantee any forecast, valuation, return, financing result, business outcome, or other result.

9. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

SMARTHELPING DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND ERROR-FREE OPERATION.

SmartHelping does not warrant that every formula, assumption, or feature will satisfy every user’s requirements or operate without interruption in every software version, device, or third-party platform.

10. Limitation of Liability

To the fullest extent permitted by law, SmartHelping will not be liable for lost profits, lost revenue, lost data, lost opportunities, financing decisions, investment losses, business interruption, replacement costs, or indirect, incidental, consequential, special, exemplary, or punitive damages arising from the Site or Materials.

SmartHelping’s aggregate liability arising from a particular Material will not exceed the amount you paid SmartHelping for that Material during the twelve months preceding the event giving rise to the claim.

These limitations do not apply to liability that applicable law does not permit to be excluded or limited.

11. Indemnification by Business Users

If you use the Site or Materials for business purposes or on behalf of an organization, you agree to defend, indemnify, and hold harmless SmartHelping and its owner, personnel, and service providers from third-party claims, damages, liabilities, losses, and reasonable legal expenses arising from:

  1. your breach of these Terms;
  2. unauthorized distribution, resale, or AI Development Use;
  3. your products, services, business decisions, or client deliverables; or
  4. your violation of law or another person’s rights.

12. Suspension, Termination, and Enforcement

SmartHelping may suspend access or terminate a license for a material breach of these Terms. Any violation of Sections 3 through 6 is a material breach.

Upon termination, you must stop using the affected Materials and delete unauthorized copies. Following prohibited AI Development Use, you must stop using the affected system and, to the extent legally and technically possible, remove the Template Content and delete or isolate Unauthorized AI Artifacts. SmartHelping may require written certification of compliance.

You acknowledge that unauthorized distribution or AI Development Use may cause harm that is difficult to measure and for which monetary damages may be inadequate. SmartHelping may therefore seek injunctive or other equitable relief in addition to damages and any other available remedies.

Termination does not eliminate obligations or liability arising before termination. Sections concerning ownership, restrictions, AI use, enforcement, disclaimers, liability, indemnification, and disputes survive termination.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law principles.

Subject to any mandatory consumer rights, the state and federal courts located in [COUNTY, STATE] will have exclusive jurisdiction over disputes arising from these Terms, and each party consents to jurisdiction and venue in those courts.

Nothing in this section prevents SmartHelping from seeking temporary, preliminary, or injunctive relief in another court with jurisdiction over the person, Materials, data, or systems involved.

14. Changes to These Terms

SmartHelping may update these Terms prospectively by posting a revised version and changing the effective date. Material changes will apply to purchases or uses occurring after the revised Terms are presented or otherwise accepted, subject to applicable law.

A separate signed license or written agreement controls over these Terms regarding the specific subject addressed by that agreement.

15. Miscellaneous

If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain effective.

Failure to enforce a provision is not a waiver. You may not assign or transfer your license without SmartHelping’s written consent. SmartHelping may assign these Terms in connection with a sale, reorganization, or transfer of the relevant business or assets.

These Terms, the applicable product description, and any signed separate license constitute the entire agreement concerning the Materials and replace prior discussions regarding their permitted use.

Nothing in these Terms limits a right or statutory exception that applicable law does not permit the parties to waive or restrict.

16. Contact

Questions, permissions, and AI Training License requests may be sent to:

SmartHelping
Email: [email protected]