Terms and Conditions
By checking the box and clicking submit or using the EAP Features (as defined herein), you agree to participate in Smartsheet’s Early Adopter Program under the following terms and conditions (
“EAP Agreement”). “You” means the entity you represent in accepting this EAP Agreement or, if that does not apply, you individually. If you are accepting on behalf of another entity, you represent and warrant that: (i) you have full legal authority to bind such entity to this EAP Agreement; (ii) you have read and understand this EAP Agreement; and (iii) you agree to this EAP Agreement on behalf of the entity that you represent. If you are enrolling other licensed users into the Early Adopter Program, you further agree to inform such licensed users of any rights or obligations contained herein.
Smartsheet reserves the right to revise this EAP Agreement by publishing a revised version on Smartsheet’s website, which will be effective five (5) days after posting. Continued use of the EAP Features after the effective date of revision will constitute your acceptance of the revised EAP Agreement.
1. EAP Features. In connection with your participation in the Early Adopter Program, Smartsheet grants you a limited, non-transferable license to use certain functions, operations, and features that are integrated or embedded into the subscription-based online services and applications provisioned or controlled by Smartsheet ( “Subscription Services”) but are not generally or publicly available ( “EAP Features''). Upon acceptance of this EAP Agreement, Smartsheet will make the EAP Features available to you for your internal evaluation purposes and pursuant to Smartsheet’s Acceptable Use Policy. You acknowledge and agree that EAP Features (including the processing of EAP Content): (a) are NOT part of the Subscription Services for purposes of the agreement governing your use of the Subscription Services ( “Services Agreement”), provided however that EAP Features do constitute Smartsheet "Confidential Information" under the Services Agreement and shall be treated accordingly, and (b) are provided “as is” without any warranty, support, maintenance, or other obligation of any kind and used at your sole risk and responsibility.
2. EAP Content. EAP Features are integrated or embedded in the Subscription Services and by extension any data, file attachments, text, images, reports, personal information, or other content uploaded or submitted to the Subscription Services that is accessed or used by the EAP Features is “EAP Content.” You represent and warrant that you have all rights, permissions, and consents necessary for you to: (a) upload and submit EAP Content to Smartsheet; and (b) grant Smartsheet the limited rights to process EAP Content as set forth herein. You hereby grant Smartsheet a worldwide, non-exclusive, non-transferable, right to use and otherwise process EAP Content under this EAP Agreement: (w) to provide, support, or optimize Smartsheet products and services; (x) as required by applicable law; (y) as requested by you in writing or as allowed by you via access controls; or (z) as necessary to prevent or address technical problems with Smartsheet products and services or violations of this EAP Agreement. Except as expressly provided herein, you retain all your right, title, and interest in and to your EAP Content and all intellectual property and proprietary rights therein.
3. Subsequent EAP Features. Smartsheet may, at any time, offer, provide access to, or add subsequent EAP Features in the Early Adopter Program. Smartsheet will provide notice of any new EAP Feature made available and any use of such EAP Feature will be governed by this Agreement.
4. Third Parties. Smartsheet may engage third parties to act on Smartsheet’s behalf in connection with Smartsheet’s provision of the EAP Features so long as such third parties are subject to applicable confidentiality and data security obligations. For more information on how Smartsheet engages third parties to provide its services, please see Smartsheet Subprocessors page.
5. Feedback. Any feedback or suggestions for product enhancements ( “Feedback”) is provided by you “as-is,” without representations or warranties, either express or implied, including any warranties of merchantability or fitness for a particular purpose. You grant Smartsheet a worldwide, irrevocable, perpetual, sublicensable, transferable, non-exclusive license to use and incorporate into Smartsheet’s products and services any Feedback, without any obligation of compensation. You agree that Feedback may be recorded for Smartsheet’s internal use in connection with the development of Smartsheet’s products and services.
6. Participation and Termination. Your participation in the Early Adopter Program, the use of the EAP Features, and each EAP Feature is subject to modification, termination, or discontinuance by Smartsheet at any time without notice and in Smartsheet’s sole discretion. You may request to terminate your participation in the Early Adopter Program by sending an email to EAP@smartsheet.com and Smartsheet shall effectuate such termination request within a commercially reasonable period. You can opt-out of receiving Early Adopter Program emails at any time using the unsubscribe functionality included in each Early Adopter Program email; opting-out of Early Adopter Program emails will automatically terminate your participation in the program.
7. AI Feature Specific Terms. The EAP Features may include or leverage generative artificial intelligence, machine learning, or other deep learning technologies (collectively, “AI”) that enable machines to learn from, make decisions on, or generate new data based on EAP Content submitted to any AI ( “Input”). Information, data, or content returned or generated by the AI is considered “Output.” You are solely responsible for the legality, substance, and accuracy of your Input. Smartsheet may access and use both Input and Output to train, develop, optimize, and improve Smartsheet’s products, services, and business functions. Except as expressly provided herein, you retain all your right, title, and interest in and to your Input, and all intellectual property and proprietary rights therein. You acknowledge that AI relies on or incorporates technologies that are experimental in nature and that AI may produce inaccurate or incomplete Output. Smartsheet makes no representations or warranties with respect to Output and Output should never be relied upon for any purpose including, but not limited to, as financial or legal advice. AI may also generate Output that is considered offensive. Output does not represent Smartsheet’s views. You will not submit Input that is intended or likely to generate Output that could be considered offensive or derogatory or that violates this EAP Agreement, any third party right, or applicable law. You understand and acknowledge that AI may produce similar or identical responses based on Input submitted by different users, and that any rights you may have in Output may not be enforceable against such other users.