Terms and Conditions - smmartdigital

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING, ACCESSING, USING OR REGISTERING ON THE WEBSITE.

These website terms and conditions (“Terms”) are a legally binding agreement between MoneyFlow OÜ with its registered address at Harju maakond, Tallinn, Kesklinna linnaosa, Sadama tn 17, 10111, Estonia (“Company”, “we”, “us”, or “our”), and you, a visitor of our website (“you” and “website”, respectively).

By accessing this website, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Under no circumstances shall smmartdigital team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if smmartdigital team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

smmartdigital will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy at any moment.

1. Description of the Service and Site.

The website is intended to provide you with information about our services (“Services”) and information about how you can protect your website and increase revenues. On our website we publish articles, videos, webinars, case studies, etc. (“Content”). If you purchase our services, you will be governed by our Client Terms and Conditions. However, the website also may offer free services, such as analyzing your website, calculating your revenues. In addition, we offer communications options through the website such as contact us forms, requesting to be contacted by our sales team or joining our newsletter.

The content published on the website is provided for general informational purposes only, and may be used by you at your sole risk. We expressly disclaim any and all liability in respect of actions taken or not taken based on any content available on this website of free services you choose to use, which are at your sole responsibility and risk.

2. Access and Licenses.

smmartdigital grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this agreement.

We hereby grant you permission to visit and use the website for your information and personal use only, subject to these Terms and your compliance with applicable law. To the extent that you wish to use the Services, if any, you acknowledge and agree that we grant you a non-exclusive, revocable license to install and use the Services solely for your use. You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the smmartdigital Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

3. Representation, Warranties & Restriction of Use.

You hereby represent and warrant that you shall not, nor shall you authorize or encourage any third party to: (1) use the website, Content or Services in non-compliant, unlawful, illegal, fraudulent or inappropriate manner; (2) circumvent, disable or otherwise interfere with security-related features of the website or Service or prevent others from using them; (3) modify, create a derivative work of, reverse engineer, or disassemble the website, Content or Services; (4) remove, deface, obscure, or alter the website, Content or Services therein including any copyright notices, trademarks, or other proprietary rights provided as part of the website, Content or Services; (5) use the website, Content or Services unlawfully or in a breach of third parties’ rights or our rights, including intellectual property rights and privacy rights, or in breach of these Terms; (6) sublicense, resell, rent, lease, assign, transfer any right, share or otherwise commercially exploit or make the website, Content or Services; (7) use, access or attempt to access the website, Content or Services with any automated means (including robots, scrapers, etc.); and (8) use Company’s name, logo or trademarks without Company’s prior written consent.

4.Updates to Our website

smmartdigital may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the website. You agree that smmartdigital has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

5. Disclaimer of Warranties.

Except as provided herein, the website, Content and Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied. You assume all responsibility for accessing and using the website and Services and for the selection of the Services to achieve your intended results. smmartdigital HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The data contained on the website, including the Content, is provided “as is” and smmartdigital shall not be held responsible OR LIABLE for the accuracy or any omissions of data in or from the website or Content. The Company will not be held responsible for any decision made or action taken or not taken in reliance on the website or Content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions. We make no representation or warranties that the website, Content or Services are or will be available for use in any particular location or at specific time. The Company does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the website, Content and Services. Your use of the website, Content or Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

6. Limitation of Liabilities.

YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY: “COMPANY GROUP”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS HEREIN THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL (WHICH MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL). IN NO EVENT SHALL THE COMPANY GROUP AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES, SHALL THE AMOUNT PAID BY YOU TO SMMARTDIGITAL.

7. Indemnification.

You agree to indemnify and hold smmartdigital and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

8. Termination.

You can terminate your use of the Services at any time or cease your use of the website. We may change, modify, suspend, or discontinue any aspect of the website, Content or Services at any time without notice to you and without any liability to you whatsoever in connection therewith.

9. Binding Arbitration

If you and smmartdigital don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

10. Miscellaneous.

These Terms constitute the entire understanding between you and the Company with respect to the use of the Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of the Company to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of the Company. The Company may assign its rights and obligations set forth herein at any time, at its sole discretion. Your relationship with the Company is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.

11. Amendments.

We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Updated” above. Your continued use of the Services following such amendments constitutes your acknowledgement and consent of such amendments to the Terms and your agreement to be bound by them. In the event of a material change, we will make best efforts to provide written notification by applicable means of communication.

12. Your Consent

We have updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it is being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

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

via email at: info@smmartdigital.com

via website: https://smmartdigital.com/