Last updated: 4 August 2024

Welcome to Smartify.AI! These Terms of Use (“Terms”) govern your use of the Smartify.AI website and services (“Services”) provided by Smartify.AI (“we”, “our”, “us”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

1. Use of Services

1.1 Eligibility

You must be at least 13 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

1.2 Account Registration

To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

1.3 User Responsibilities

You are responsible for your use of our Services and for any content you create, upload, or share through our Services. You agree not to use our Services for any unlawful or prohibited activities.

2. Prohibited Uses

You agree not to use our Services to:

• Violate any local, state, national, or international law or regulation.

• Infringe the rights of any third party, including but not limited to intellectual property, privacy, or contractual rights.

• Transmit any viruses, malware, or other harmful code.

• Engage in any activity that could disrupt or harm the Services or the servers and networks that support the Services.

• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

3. Intellectual Property

3.1 Ownership

All content and materials included in our Services, such as text, graphics, logos, and software, are the property of Smartify.AI or its licensors and are protected by intellectual property laws.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal and commercial purposes. You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission.

4. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

5. Disclaimers and Limitation of Liability

5.1 Disclaimers

Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or secure.

5.2 Limitation of Liability

To the fullest extent permitted by law, Smartify.AI will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use our Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

5.3 Refund Policy

Smartify.AI does not offer refunds for associated products or services with the exception of the Pioneer plan. Pre-orders of the Pioneer plan are fully refundable at any time before the service launches and up to 30 days after the license activation date. Customers can request refunds by emailing [email protected] or through the contact us form at smartify.ai/contact.

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6. Indemnification

You agree to indemnify, defend, and hold harmless Smartify.AI and its affiliates, officers, agents, employees, and partners from any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your infringement of any third party rights.

7. Modifications to the Services and Terms

We reserve the right to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. We also reserve the right to modify these Terms at any time. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Smartify.AI is headquartered, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

9. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]

Website: https://smartify.ai

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By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

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