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Terms Of Service

This Terms of Service is a legal contract between you and SMTI Global. ("SMTI Global", "SMTI", "we", "our"), governing your use of mobile software or web services or web software ("SMTI Global") owned, controlled or offered by SMTI Global Ltd.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING SMTI Global, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING SMTI Global IMMEDIATELY.

You acknowledge and agree that this contract is only between you and SMTI Global and not any of SMTI Global's partners, distributors, promoters or service providers (collectively, "Distributors"). Should you have any issue or claim with respect to SMTI Global, SMTI Global, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained SMTI Global from one of SMTI Global's Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to SMTI Global.

1. LICENSE GRANT

SMTI Global is licensed to you and not sold. Subject to the terms of this agreement, SMTI Global grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use SMTI Global solely for your personal or internal business purposes. You may use SMTI Global on any mobile or personal device legally under your control, for your personal or internal business use. You will retain all ownership rights in User Data (as defined below) that you transfer to SMTI Global for use with SMTI Global. When you submit User Data to SMTI Global, you hereby grant to SMTI Global, a non-exclusive, royalty-free, worldwide license to use, copy, modify, sublicense, and distribute your User Data on and through our website on your behalf solely for the purpose of providing data to you though SMTI Global. With respect to any open source or third-party code that may be incorporated in SMTI Global, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.

2. RESERVATION OF RIGHTS

SMTI Global and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of SMTI Global or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to SMTI Global is granted to you, whether by implication, estoppel or otherwise.

3. RESTRICTIONS

You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce SMTI Global; (b) modify, adapt, translate or create any derivative works of SMTI Global or attempt to do the foregoing; (c) attempt to circumvent or disable SMTI Global or any technology, features or measures in SMTI Global by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for SMTI Global; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose SMTI Global to any third party; (f) use for a service bureau or otherwise commeSMTI Globalalize or attempt to commeSMTI Globalalize use of SMTI Global; or (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on SMTI Global or used in connection with SMTI Global.

4. USER DATA AND LOCATION DATA

SMTI Global may allow the submission of content and materials by you where applicable (collectively, “User Data“), and the hosting, storing, sharing and/or publishing of such User Data. You shall be solely responsible for your own User Data and the consequences of storing or transmitting them. SMTI Global assumes no responsibility whatsoever in connection with or arising from User Data or for actively monitoring User Data for inappropriate or illegal content. SMTI Global does not endorse and has no control over the content of User Data submitted by other Users. SMTI Global reserves the right to prevent you from submitting User Data and to restrict or remove User Data for any reason at any time. In addition, SMTI Global may use data received or obtained from your wireless device to determine your location ("Location Data"). By using SMTI Global, you hereby consent and permit SMTI Global to use Location Data in accordance with the terms of our Privacy Policy, including accounts used by children under the age of 13 (see Section 5 below for more information on collection of data from children under the age of 13). SMTI Global does not make any representation, warranty or guarantee of accuracy, completeness or timeliness of with respect to any Location Data.

5. PRIVACY POLICY; COPPA Compliance; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES

SMTI Global’s Privacy Policy is hereby incorporated into this Agreement by reference. Please read this Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information and restrictions on the use of your account password. By using this service, you consent to SMTI Global’s collection and use of User Data as described in the policy in place at the time when data is collected.

When using SMTI Global, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"), which are also hereby incorporated by reference into this Agreement.

The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our app and web site services. We describe our practices for collecting information from all account users in our Privacy Policy. By registering devices primarily used by children under 13 years of age, you agree to permit SMTI Global to collect the information necessary use SMTI Global on the child’s device. If you have questions, please contact us at hello@smti.ca.

6. MODIFICATION OF THIS AGREEMENT

SMTI Global may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the SMTI Global.ca site, and you agree to be bound by any changes to the Terms of Service when you continue to use SMTI Global after those changes are posted.

7. PAYMENT TERMS; REFUNDS

We offer multiple levels of subscription based on the number of users an account can create: Each plan has a monthly subscription fee that the user must pay to continue receiving SMTI Global services. You will be billed on a reoccurring basis based on the date that you purchase either through your credit card ("Credit Card Billing"). You may cancel your subscription at any time and will continue to have access to the features of your plan until the end of the current billing cycle. If you have questions or problems, you can contact us at support@smti.ca.

Refunds

Refunds will be handled on a case-by-case basis. Refunds will only be granted if there is an issue with the additional features of a specific plan and after the user has followed troubleshooting procedures. Refunds will not be granted if there is an issue with Free features of the app. Refunds cannot for any reason be granted after 6 months from date of purchase. In the event you wish to cancel your subscription you will have access to the features of your specific plan until the end of your current billing cycle.

8. SUPPORT

Support to all users will be provided via email at support@smti.ca. Users with larger accounts (more users) will get priority support. Priority support is defined as answering their emails as soon as possible during normal business hours of Monday through Friday from 8am to 5pm CST. No guarantee is made to response time of any such email.

9. USAGE RULES; PROHIBITED CONDUCT & USES

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

  1. use SMTI Global for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;
  2. use SMTI Global to track, monitor, or spy on an individual without their permission;
  3. remove, circumvent, disable, damage or otherwise interfere with security-related features of SMTI Global, features that prevent or restrict use or copying of any content accessible through SMTI Global, or features that enforce limitations on use of SMTI Global;
  4. intentionally interfere with or damage operation of SMTI Global or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  5. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights; or
  6. use any robot, spider, scraper or other automated means to access SMTI Global for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to SMTI Global or modify SMTI Global in any manner or form, nor to use modified versions of SMTI Global, including (without limitation) for the purpose of obtaining unauthorized access to SMTI Global.
10. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

SMTI Global may include links to other web sites or services solely as a convenience to Users. SMTI Global does not endorse or make any representations regarding any such linked sites or the any information or materials accessible through other linked sites. SMTI Global disclaims all liability relating to your use of such linked sites.

11. EXPORT CONTROL

SMTI Global originates in Canada, and is subject to Canadian export laws and regulations. SMTI Global may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the Canada. In addition, SMTI Global may be subject to the import and export laws of other countries. You agree to comply with all Canadian and foreign laws related to use of SMTI Global.

12. CONSUMER RIGHTS

You may have the benefit of consumer guarantees and warranties given under statute ("Mandatory Terms"). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit SMTI Global to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to DISCLAIMERS: NO WARRANTIES, INDEMNIFICATION: HOLD HARMLESS, AND LIMITATION OF LIABILITY AND DAMAGES.

13. DISCLAIMERS; NO WARRANTIES

SMTI Global AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH SMTI Global ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMTI Global, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SMTI Global AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SMTI Global WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT SMTI Global OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT SMTI Global WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.

14. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold harmless SMTI Global, its affiliated companies, and its suppliers and partners from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of SMTI Global, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. SMTI Global reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

15. LIMITATION OF LIABILITY AND DAMAGES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, SMTI Global OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF SMTI Global, EVEN IF SMTI Global HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SMTI Global’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING SMTI Global DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.

16. AVAILABILITY & UPDATES

SMTI Global may alter, suspend, or discontinue the SMTI Global website, web app and/or service at any time and for any reason or no reason, without notice. The website, app and/or service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. SMTI Global may periodically add or update the information and materials on the SMTI Global Website without notice.

While we try to ensure the SMTI Global website and web app is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and SMTI Global will not be liable to you if the website is unavailable at any time or for any period.

17. SECURITY

Information sent or received over the Internet is generally unsecure and SMTI Global cannot and does not make any representation or warranty concerning security of any communication to or from the website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the service and you are responsible for any activities or actions under your password. You agree to keep your password secure. No member of SMTI Global will be liable for any loss or damage arising from your failure to comply with these requirements.