This Service Level Agreement (“Agreement” and/or “Terms and Conditions”) is a legal agreement between You (an entity or person) (“You”) and smrtStudio Global, Inc a Delaware corporation (here forth referred to as “SmrtPhone”), that governs your limited, non-exclusive, terminable right to use the SmrtPhone.io website and related services (“Site”), the mobile apps, the servers the Site is stored on, the computer files stored on that server (collectively, the “Service”).
By using the Service, You agree to be bound by the terms of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU REGISTER FOR A TRIAL OF OUR SERVICE, THESE TERMS WILL ALSO GOVERN THAT TRIAL.IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
We respect the privacy and security of our Users. You understand that by using our Services, you give consent to the collection, use and disclosure of your personally identifiable information as well as any non-personally identifiable information.
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use our website or our Service.
By connecting to us with any third-party service (ex. Podio), you give us permission to access and use your information from that service as permitted by that third-party service, to present the information stored in that service to better display information on your SmrtPhone account, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by us.
SmrtPhone may amend this Agreement from time-to-time. All amended terms automatically take effect on the sooner of a) the day You use the Service or b) 10 days after they are initially posted on the Site.
Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.
You are allowed to invite two types of user accounts to Your SmrtPhone Service
- “User” means an employee, consultant or contractor who is authorized by You to use Your SmrtPhone account.
- “Administrator” means a person authorized to act on behalf of You, who is responsible for the administration and management of Your SmrtPhone account.
“Users” and “Administrators” must comply with specific obligations, which are set forth specifically when necessary in the Sections below.
1. Services Offered by SmrtPhone
- SmrtPhone provides users the ability to make and forward voice calls using a phone number provided by SmrtPhone (the “SmrtPhone Phone Number”) and/or an Application. In addition, users can separately purchase the ability to receive inbound calls.
- SmrtPhone is not a “dial-tone” provider and is not a replacement for any phone lines, whether wired, wireless or Internet based. The SmrtPhone Service allows You to place outgoing calls (national and international) but selected numbers and services may not be reachable through the SmrtPhone Service and SmrtPhone does not guarantee that all numbers available worldwide can be called from the SmrtPhone Service. In particular, the SmrtPhone Service does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind, which need to be performed from Your local phone service provider. It is Your responsibility to inform Your Users that it is not possible to support or carry emergency calls using the SmrtPhone Service. In particular, the SmrtPhone Service does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind, which need to be performed from Your local phone service provider. It is Your responsibility to inform Your Users that it is not possible to support or carry emergency calls using the SmrtPhone Service.
- PLEASE NOTE THAT SMRTPHONE DOES NOT SUPPORT ANY EMERGENCY CALLS. THESE CALLS SHOULD BE PERFORMED FROM YOUR LOCAL PHONE SERVICE PROVIDER (FIXED OR MOBILE) IN CASE OF NECESSITY.
- Because the SmrtPhone Service on Your third-party telephone service, any limitations in that service may also limit the manner in which You can use the SmrtPhone Service
2. Quality and maintenance
- SmrtPhone will use reasonable endeavors to provide the SmrtPhone Service with minimum disruptions. However, SmrtPhone cannot guarantee that the Service will always function without disruptions, delay or other imperfections. Since the SmrtPhone Service will be transmitted through public internet lines and the public switched telephone network, there may be power outages or internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communications.
- SmrtPhone may change technical features in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. SmrtPhone may also have to repair, improve, and/or upgrade the SmrtPhone Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service at any time at our sole discretion.
3. Limited License
- SmrtPhone grants You a limited, revocable, non-exclusive, non-transferable license to use the Service for Your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement.
- You agree not to resell the Service without prior written permission from SmrtPhone.
- You may not modify, reverse engineer, decompile or disassemble any part of the Service.
- You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of SmrtPhone.
- You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others.
- You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement.
- You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
- You may not circumvent or disable any technological features or measures in the Service for protection of intellectual property rights.
- You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright law any jurisdiction.
Any such forbidden use shall immediately terminate Your license to the Service.
4. Use of SmrtPhone
- You will not use the SmrtPhone Services in any illegal, abusive, interfering or otherwise unacceptable or inappropriate manner, including:
- to violate any law, regulation or other published policy;
- to violate or infringe on intellectual property, privacy, or rights of another;
- to violate any agreement, rules or policies that govern the use of Your mobile device;
- to transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
- to transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
- to sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any SmrtPhone account;
- to stalk, harass, or harm another individual; or
- to impersonate another, misrepresent or falsely identify Yourself.
- to violate any applicable third party policies or requirements that SmrtPhone has communicated to You.
- to engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems
- to engage in spamming or other unsolicited advertising, marketing or other activities in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls or voice mails or text messages
- to engage in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, pyramid schemes, unsolicited marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the TCPA Rules (as defined below), and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction)
- to use any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the website or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service
- to decompile, reverse engineer, or disassemble the software or attempting to do so
- to take any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are for your internal business purposes, nor will you use this Service in violation of any applicable laws or regulations (including those relating to the recording of telephone calls telemarketing, and the sending of text or SMS messages), industry standards, third party policies (including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association), or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction), or these Terms of Service.
- You will abide by all applicable laws in your use of the Service, including without limitation any relating to the sending of text or SMS messages through the Service.
- In particular, you acknowledge that the Telephone Consumer Protection Act of 1991 together with final rules and regulations (collectively, “TCPA Rules”), generally prohibits (1) the making of telemarketing calls using an artificial or prerecorded voice to residential telephones without prior express consent; and (2) the making of any non-emergency call using an automatic telephone dialing system or an artificial or prerecorded voice to a wireless telephone number, in each case, without prior express consent. You understand and agree that you are solely responsible for complying with the TCPA Rules and any other state, federal or local laws, rules and regulations, in effect from time to time, governing electronic communications between you and the owners of the phone numbers you initiate calls or messages to through the Services. Without limiting the foregoing, you represent and warrant that the owners of the phone numbers have given prior express consent or otherwise opted-in to the receipt of such calls or messages as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your calls or messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, to the extent applicable. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages or calls to any individuals after they request DNC status. The TCPA Rules, the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. SmrtPhone is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your use of the Services to initiate calls or messages.
- You and Your Administrators may appoint additional Administrators of Your SmrtPhone account, and each Administrator shall be required to accept and agree to this Agreement. You shall procure that all Administrators read, agree to and comply with this Agreement and You shall be responsible for any breach of the Terms by such Administrator(s).
- You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SmrtPhone, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SmrtPhone does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SmrtPhone be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.SmrtPhone is solely a facilitator of the voice and message traffic and has no visibility into or control over individual calls & messages as they are transmitted through SmrtPhone and has no responsibility or liability with respect to the content of any individual call and message. Except that SmrtPhone may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that SmrtPhone has determined, in it’s sole description, may violate an applicable, rule, regulation, or law.
- You shall inform each User that You and Your Administrators may obtain and use their personal and traffic data on the SmrtPhone numbers they are assigned to. You acknowledge and agree that You shall process (and shall ensure that Your Administrators shall process) such personal data in accordance with all applicable data protection laws. You represent and warrant to keep all such personal and traffic data confidential and use and protect it strictly in compliance with applicable data protection laws.
- Under no circumstances shall You send (or allow Your Administrators and/or Users to send) unsolicited commercial communications. You shall not (and You shall ensure that Your Administrators and/or Users shall not) send or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of, SmrtPhone.
5. SmrtPhone Phone Numbers
- Provision of SmrtPhone Numbers is subject to applicable numbering rules and regulatory practices, which may change or be amended from time to time. SmrtPhone reserves the right to change the terms related to SmrtPhone Numbers accordingly, including without limitation to impose or amend local residency requirements and/or to require the provision of further user information for continued access to defined SmrtPhone Numbers.
- You may purchase and allocate SmrtPhone Numbers to your Account subject to compliance with the allocation requirements displayed upon subscription to the SmrtPhone Numbers. In particular, You are responsible for compliance with any requirements related to the residence and/or the location of Your Company.
- Phone Number costs vary from country to country. For numbers needing to be purchased by us on your behalf, our support or sales team will make sure to inform you of the price before procuring the number. Only upon your confirmation, we will procure the number. Once the number is procured, your account will be charged the number cost and will be billed on a monthly basis from your account balance unless otherwise discounted.
- You are responsible for notifying any applicable terms of service to Administrators and Users who are allocated the SmrtPhone Number, and for ensuring that the Administrators and Users comply with such terms. SmrtPhone reserves the right to cancel the subscribed SmrtPhone Numbers in case of breach by You, Your Administrators or Users of the applicable terms of service, including the allocation requirements, without compensation.
- SPAM rating – Phone numbers may be marked as SPAM or SPAM LIKELY for a variety of reasons. Each carrier and spam website uses a different method to calculate this and numbers may be marked SPAM or SPAM LIKELY one day on one carrier and not on the next. smrtPhone is not responsible for numbers being marked SPAM or SPAM LIKELY.
- At our discretion we will refund up to 10 numbers per month (in total) that satisfy both of the following conditions:
- They have done less than 10 calls/text messages in total for that number
- They have been purchased within the last 7 days
- At our discretion we will refund up to 10 numbers per month (in total) that satisfy both of the following conditions:
6. Pricing, Billing and Refund Policy
You authorize SmrtPhone to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and You agree that Your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts.
- You authorize SmrtPhone and/or any other company acting as billing agent for SmrtPhone to charge Your credit card on a recurring monthly basis on the monthly anniversary of Your initial registration for a paid SmrtPhone plan and to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Your credit card until such amounts are paid in full.
- You will provide SmrtPhone with updated credit card information upon SmrtPhone’s request and any time the information You previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information. SmrtPhone is not liable for any non-sufficient funds or other charges incurred by You as a result of such attempts to charge, and/or place holds on, Your credit card. If You mistakenly provide a debit card number, instead of a credit card number, You authorize all charges described herein to be applied to such debit card unless and until You provide a credit card number.
- For our subscription plans, usage and monthly or annual fees will be charged directly to the credit card You provide to us as specified in our pricing plans found at Pricing Page. Except as provided below, monthly services and certain other charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of Your billing cycle. You agree to pay for all SmrtPhone Services. For annual plans, your billing cycle will be of 12 months from the date of payment of your annual plan subscription fees. If any new user or number is added during the billing cycle, an amount equivalent to prorated amount for the remaining period in the billing cycle will be charged on your credit card on the file. If You cancel your annual plan subscription during the billing cycle, your subscription won’t be renewed after the end of current billing cycle. No refund will be given for cancellation or team member/phone number removal during the ongoing billing cycle.
- AIRTIME AND OTHER MEASURED USAGE (“CHARGEABLE TIME”) IS BILLED IN FULL-MINUTE INCREMENTS, AND ACTUAL AIRTIME AND USAGE ARE ROUNDED UP TO THE NEXT FULL-MINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. IF PAY PER MINUTE BILLING APPLIES WITHIN YOUR PLAN, WE CHARGE A FULL MINUTE OF AIRTIME USAGE FOR EVERY FRACTION OF THE LAST MINUTE OF AIRTIME USED ON EACH CALL.
- Chargeable time begins for outgoing calls when a connection to the number you are trying to reach is established and recorded in our system. For users that subscribe to inbound calling capability, chargeable time begins for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after the call has ended, either by You, the person You are speaking with or due to a technical malfunction, but not until Your wireless telephone’s signal of call disconnect is received by us and the call disconnect signal has been confirmed.
- All outgoing calls for which we receive answer supervision including ring time, shall incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time. Chargeable Time may also occur from other uses of our facilities, including by way of example, voicemail deposits and retrievals, and call transfers.
- If You select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime or messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may bill You in a format as we determine from time to time. Additional charges may apply for additional copies of Your bill, or for detailed information about Your usage of Services.
- SmrtPhone may change the rates of outgoing calls, incoming calls, text messages, MMS messages or fax messages at any time without notice to you by posting such change at Call Rates and SMS Rates. The new rate will apply to your next call after the new rates have been published. Please check the latest rates before You make your call. If you do not accept the new rates, do not make your call.
- You also remain responsible for paying Your monthly Service fee if Your Service is suspended for nonpayment.
- You agree that for amounts not paid by the due date, we may charge, as a part of its rates and charges, and You agree to pay, a late payment fee of 10% or the maximum allowed by law. In the event You fail to pay billed charges when due and it becomes necessary for us to refer Your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.
- Using SmrtPhone will not incur charges to Your personal voice plan (cellular or otherwise) unless You redirect calls to a mobile located in a foreign country. In that case, Your operator will charge its standard rates for roaming on incoming calls.
- If You use the SmrtPhone Service from a device using mobile data connection (ex. 3G or 4G), incoming and outgoing calls will use a part of the data allowance of Your personal data plan. If You use a mobile data connection outside of Your home country, Your operator may charge You roaming fees.
- Separate charges are applicable for incoming calls, incoming texts and incoming fax messages.
- SMS rates mentioned on the Pricing page are for single segment. 1 Segment = 160 characters. For example, if you send a 200 characters long message, it will cost you 2 X SMS Cost as 200 characters will be counted as 2 segments.
- If you are not clear about the pricing for subscription, phone numbers, calls, texts or fax, please make sure to confirm prices from our support team by emailing us at hello [at] smrtphone.io. NO REFUND WILL BE GIVEN FOR ALREADY INCURRED USAGE COSTS.
- All refund related requests will be governed by our publicly available Refund Policy
7. Fair Use Policy
- SmrtPhone may offer currently or in the future plans on an “unlimited” use and/or “unlimited minutes” basis. All unlimited plans:
- May only be used for normal business use,
- Are provided only for live dialog between two individuals
- May not be used for any of the following prohibited use:
- Trunking or forwarding your SmrtPhone number to another phone number(s) capable of handling multiple simultaneous calls, or to a private branch exchange (PBX) or a key system.
- Auto-dialing or “predictive” dialing (i.e., non-manual dialing or using a software program or other means to continuously dial or place out-bound calls).
- In addition, SmrtPhone is not recommended for massive bulk call-in lines (e.g., customer support or sales call centers handling over hundreds of simultaneous calls, sports-line numbers, etc.
- When a customer reaches the above fair use limit, he will receive an alert message and SmrtPhone reserves its right to restrict call usage or take any other call limit measures in order to prevent system overload
- These limits can be overcome by upgrading to a custom enterprise plan, which can be obtained by contacting help [at] smrtphone.io.
- SmrtPhone reserves the right upon prior notice to disconnect or suspend your Service if SmrtPhone determines that your use of the Service violates any point of the Fair Use Policy above.
8. Portability and Reclaiming Numbers
- Phone numbers for specific countries only, like the United States, UK and Australia can be ported in SmrtPhone. We will investigate the possibility to manually port a number, after assessing the implied cost.
- You may port Your SmrtPhone number to another provider as long as You have subscribed to a paid plan (i.e. You are not using the free trial). If You wish to port Your SmrtPhone number to another service, You should request Your new service provider to take responsibility for this process. SmrtPhone will not charge You for porting Your number out of the SmrtPhone Service, but Your new service provider may charge You a fee for the portability. Although it is not SmrtPhone’s responsibility to port Your number out of SmrtPhone, You may as well request guidance from SmrtPhone on this process by writing to hello [at] smrtphone.io
9. Protection of Data
SmrtPhone will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity your data.
The Services may be provided using equipment or facilities located in the European Union or the United States. The Supplier’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission) that provide legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed when using the Service will receive an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).
By agreeing to these Terms, You grant SmrtPhone a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Services. We will inform You of changes in such processors in accordance with the procedure of modifying these Terms.
List of Processors:
- Amazon Web Services: Hosting services in the US and Germany (Privacy Shield certified).
- Intercom: Support Chat, Sales Chat and transactional email automation (Privacy Shield certified).
- Stripe: Payment gateway (PCI compliant and Privacy Shield certified).
- Podio: Sales CRM tool (Privacy Shield certified).
- Twilio: VoIP provider that provides phone numbers and powers our calling, texting and Fax services. (Privacy Shield certified)
10. Responsibility For User Content and Call Recording
We respect the rights of third party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the Service. You expressly agree that we will not be liable for Materials. We reserve the right, but are not obligated, to remove content from the Service for any reason, including content that we believe violates these Terms & Conditions mentioned in this document.
Please note that while SmrtPhone offers the option for you to record calls, if you choose to use this service, then you must comply with all state and federal laws, regulations and rules prior to recording any telephone calls and you expressly warrant and represent to SmrtPhone that you shall comply at all times. We make no representations or warranties with respect to call recording and recommend that always secure consent before recording. You acknowledge that these representations and obligations are essential to the ability of SmrtPhone to provide you with access to call recordings and you further agree to indemnify, defend and hold SmrtPhone and its officers, directors, owners, employees, agents, consultants and vendors harmless from and against any and all liabilities, losses, claims, damages, causes of action, costs and expenses (including attorneys’ fees) that may be incurred by SmrtPhone arising out of or related to your acts or omissions in connection with call recordings, whether such claims arise under contract, tort, statute or other legal theory.
11. Proprietary Rights
All right, title and interest in the Service and any content contained herein is the exclusive property of SmrtPhone, except as otherwise stated. Unless otherwise specified, this Service is for Your personal and limited commercial use only and You may print, copy and download any information or portion of the Site for Your personal use only. If You copy or download any information or software from this Site, You agree that You will not remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without SmrtPhone’s prior written approval. All trademarks, trade names, service marks and logos are proprietary to SmrtPhone. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by SmrtPhone, is strictly prohibited.
12. Content License
You grant SmrtPhone a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that You have as the copyright owner in any content or feedback that You provided to us.
The materials on SmrtPhone’s web site are provided “as is”. SmrtPhone makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SmrtPhone does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Since the SmrtPhone Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the SmrtPhone Service should not be used with any third-party services or devices such as monitored burglar alarms, monitored fire alarms, and/or medical monitoring systems or devices.
14. Limitations of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO EVENT WILL THE COLLECTIVE LIABILITY OF SmrtPhone OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. Any cause of action You may have with respect to Your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.
The materials appearing on SmrtPhone’s Site may include technical, typographical, or photographic errors. SmrtPhone does not warrant that any of the materials on its Site are accurate, complete, or current. SmrtPhone may make changes to the materials contained on its Site at any time without notice. SmrtPhone however, makes no commitment of any kind to update the materials.
16. Assumption of Risk
You use the Internet solely at Your own risk and subject to all applicable local, state, national, and international laws and regulations. While SmrtPhone has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from a Service over the Internet cannot be guaranteed. Accordingly, SmrtPhone is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. SmrtPhone shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service. Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
17. Your Responsibility to Protect Data and Password
It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and password. You are also responsible for immediately notifying SmrtPhone of any unauthorized use of Your account, or breach of Your account information or password. SmrtPhone will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for Your failure to safeguard user and password information and/or promptly notify SmrtPhone about unauthorized use of Your account or breach of Your account information or password.
The Site may include links to certain websites, materials, or content developed by third parties. SmrtPhone has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SmrtPhone of the Site. Use of any such linked website is at Your own risk. SmrtPhone reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.
19. Enforcing Security
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from You, to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of these Terms and Conditions. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.
20. Compliance with Laws
You will use the SmrtPhone Service in full compliance with all applicable laws and regulations with regard to Your use of the Service including, without limitation, US federal laws, individual state laws, international laws and all other laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that You have with a third-party telecommunications provider. If necessary and in accordance with applicable law, SmrtPhone will cooperate with local, state, federal, and/or international government authorities to protect its Site, Materials, Content, Services, Accounts, visitors, customers, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of its Site, Materials, Content, Services and Accounts.
You will indemnify and hold SmrtPhone, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement, Your violation of any law, or the rights of a third party.
22. Termination of License
SmrtPhone may terminate Your right to use the Service with or without cause at any time, including when we feel that You are taking advantage of unlimited call redirection offered under a paid plan. We would consider “taking advantage” to be the breach of any point of SmrtPhone’s Fair Use Policy set above. You may also terminate this Agreement at any time directly from Your SmrtPhone account. Termination of this Agreement becomes effective at the end of the ongoing billing cycle.
Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, the limitations on Your use of the Service as set forth in the Section Pricing, Billing and Refund Policy shall survive such termination, and You agree to be bound by those terms.
23. Governing Law
Any claim relating to SmrtPhone’s site shall be governed by the laws of the state of Delaware without regard to its conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court located in the county of New Castle, state of Delaware and the parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.
24. Waiver of Jury Trial
Each of the parties waives its rights to a trial by jury of all claims or causes of action (including counterclaims) related to or arising out of this agreement brought by either party against the other. This waiver will apply to any subsequent amendments of or modifications to this agreement.
25. No Class Actions
All claims between the parties related to this Agreement will be litigated individually and You will not consolidate or seek class treatment for any claim with respect to the Services.
26. Waiver of Compliance of this Agreement
Even if we do not require strict compliance with the Agreement in each instance, You will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by You of any of the provisions of the Agreement, will in no way waive Your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.
Any and all waivers by SmrtPhone of any provision, condition or requirement of the Agreement will only be effective against SmrtPhone if it is in writing and signed by an authorized officer of SmrtPhone, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
27. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to You. We may also substitute, by way of unilateral novation, effective upon notice to You, smrtStudio Global Inc. for any third party that assumes our rights and obligations under this Agreement.
28. No Injunctive Relief
In no event shall You seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
29. Contact Information
If you have any questions, concerns, or complaints about our Services or anything found in this Agreement or other agreements with us, please contact us by email to hello [at] smrtphone.io
smrtStudio Global, Inc
651 N. Broad Street, Suite 206
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.
Last Update: 2 June 2022