Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here. Smaartr IO reserves the right to update and change the Terms of Service by posting updates and changes to the Smaartr IO website. We recommend that you check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Smaartr IO or any Smaartr IO Services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
You agree to the following terms relating to your account:
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Services or have such authorization from your parents or guardian.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for ensuring that your registration information is true, accurate and complete.
- You acknowledge that Smaartr IO will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Smaartr IO cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded to your Smaartr IO account (“Content”).
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Smaartr IO will result in an immediate termination of your Services.
You have to use your own information to create a valid Smaartr IO Account and you are responsible for the details of that account. Remember that we can cancel your service if you violate any of these terms. If we need to reach you, we will send you an email to the email that you provided.
2. Account Activation
- Subject to section 2.1, the person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Services.
- If you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Services on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
The person signing up for the Smaartr IO Services is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
3. General Conditions of Use
The following general conditions apply to your use of the Services:
- Technical support is only provided to paying Account Owners and is only available via email.
- You are responsible for the conduct on your Account and the conduct of your customers.
- You must ensure that you and your customers do not:
- use the Services for any illegal or unauthorized purpose nor may you, in your use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada;
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without our express written permission;
- misuse the Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions we provide;
- purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Smaartr IO or Smaartr IO trademarks and/or variations and misspellings thereof;
- circumvent or attempt to circumvent any limitations imposed on your account;
- probe, scan, or test the vulnerability of any Smaartr IO system or network, unless we have given you prior written authorization;
- decipher, decompile, disassemble, translate, create derivative works, reverse engineer or otherwise attempt to reconstruct, identify or discover any source code, algorithms, underlying ideas or underlying user interface techniques in the Services or any of the software used to provide the Services, or attempt to do so;
- directly or indirectly identify a customer contrary to the terms of any Confidentiality Notice or other privacy setting, or attempt to do so;
- use the Services to collect or store any sensitive information (“Sensitive Information”) including personal health information, banking and credit card information, and if you do use Smaartr IO to collect, store or otherwise process any Sensitive Information you do so at your own risk and you are responsible for ensuring compliance with all applicable laws;
- transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services;
- use the Services to infringe the Intellectual Property Rights of others, or to commit any unlawful activity;
- attempt to circumvent any license, timing or use restrictions that are built into the Services; or
- lend, resell, lease or sublicense or otherwise use the Services for the benefit of a third party, unless we have given you prior written authorization
- Questions about the Terms of Service should be sent to [email protected].
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- If you are on a Smaartr IO plan with transaction fees and don’t have written consent from Smaartr IO, you agree not to charge people to access your courses other than by collecting payments on the Smaartr IO Services. Any attempt to bypass the Smaartr IO payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us to switch to a plan with no fees.
- We do not knowingly provide services or sell products to children. If you are below the age of 16, you may use our website or the Services only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information and do not use this website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
The Smaartr IO Services belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.
If you’re on an older plan with transaction fees, don’t bypass our billing system to avoid them. If you’d like a no fees account, you can switch to one of our current plans.
On the internet, your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
Do not use our services if you are a minor without the authorization of your parent or guardian.
4. Smaartr IO Rights
The following are Smaartr IO’s rights in regards to the Services and these Terms of Service:
- We reserve the right to modify or terminate the Services for any reason, without notice at any time.
- We reserve the right to refuse our Services to anyone for any reason at any time.
- Smaartr IO does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Services.
- We may, but have no obligation to, remove Content or suspend an Account Owner’s access to the Services if they share or otherwise make available Content containing material that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) by an Account Owner or its representatives directed at any Smaartr IO customer, Smaartr IO employee, member, or officer will result in immediate account termination.
- We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Smaartr IO employees and contractors may also be Smaartr IO customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Smaartr IO retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful Account Owner, Smaartr IO reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the Services at anytime.
In the event of an ownership dispute over a Smaartr IO account, we can freeze the account or transfer it to the rightful owner.
5. Limitation of Liability
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT Smaartr IO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE.
- IN NO EVENT SHALL Smaartr IO OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING INCLUDING NEGLIGENCE). YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, Smaartr IO PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, 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 OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
- Your use of the Services is at your sole risk. The Services is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Smaartr IO does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Smaartr IO does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Smaartr IO does not warrant that the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
- IN NO EVENT WILL Smaartr IO’S AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BY STATUTE, CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE LESSER OF: THE FEES PAID BY YOU FOR THE Smaartr IO SERVICES HEREUNDER DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE OR 100$.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Services are “as is” so it may have errors or interruptions and we provide no warranties.
The total amount of our potential liability is limited to one month of your fees paid to us.
6. Waiver and Complete Agreement
The failure of Smaartr IO to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Smaartr IO and govern your use of the Services, superseding any prior agreements between you and Smaartr IO (including, but not limited to, any prior versions of the Terms of Service).
If Smaartr IO chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of Services make up the agreement that applies to you. This means that any previous agreements between you and Smaartr IO don’t apply if they conflict with these terms.
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Smaartr IO Services including Content. All material you
- You retain ownership over all content that you submit to a Smaartr IO site, including compliance of your Content with any applicable laws or regulations.
- By uploading Content, you agree: (a) to provide Smaartr IO the right to display and store your Content: (b) to allow other internet users to view your Content; and (c) that Smaartr IO can, at any time, review all the Content submitted by you to its Services.
- You acknowledge that, in order to ensure compliance with legal obligations, we may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms of Service. We may also prevent access to or refuse to display content that we reasonably believe violates the law or these Terms of Service. Smaartr IO has no obligations to monitor or review any content submitted to the Services by you or any other person.
- Any ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our services, site, proposed services, documentation or business (“Feedback”) that you provide to Smaartr IO will be owned by Smaartr IO and you hereby waive any claim you have to ownership, compensation, monetary or otherwise, for providing the Feedback and for Smaartr IO’s use of your Feedback.
- You hereby grant Smaartr IO a non-exclusive right to use your trade-names, trademarks, service marks, trade dress and logos to promote the Smaartr IO service.
- We will not disclose your Confidential Information to third parties, except as required in the course of providing our Services. “Confidential Information” includes any materials or information provided by you to us which is not publicly known. Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; (d) we are required by law to disclose; or (e) that you have given your consent or instructed us to disclose.
- If you remove content, delete your account or if these Terms of Service are terminated, we will be permitted to retain a copy, including archives, of your Confidential Information or any information that is related to your account (including Content and personal information) if such retention is necessary to meet our legal and compliance obligations.
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
We are allowed to keep a copy of certain information if we are required to do so by law.
8. Payment of Fees
A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
For our paid plans, Services will be billed in monthly or yearly. When your billing period is over, the Account Owner will be sent an invoice via the email provided.
Account Owners must dispute any discrepancies or errors in their invoices within two weeks of their receipt of an invoice/bill.
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and Services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of Smaartr IO’s products and Services, including without limitation, your subscription to or purchase of Smaartr IO’s ecommerce Services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of Smaartr IO’s products and Services, Smaartr IO will attempt during the purchase process to verify your location and will not charge you tax on top of your purchase. Should Smaartr IO request it, you must provide us with a statement by email to [email protected] stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when Smaartr IO’s products and Services were made available to you. The statement should also include your complete home and/or business location
address. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to [email protected].
For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. If you’re in Canada and exempt from Canadian taxes, let us know by giving us your original exemption certificate.
9. Smaartr IO Payments
- Payments Platform. Smaartr IO offers access to a payments platform through which you may process payment transactions with your students or other users (“Smaartr IO Payments”). We use a third party payments processor and platform provider like Stripe Inc. (“Stripe”) to facilitate Smaartr IO Payments (the “Provider”). We reserve the right to change the Provider at any time, in which case you agree to take whatever steps as we may advise in order to migrate the Smaartr IO Payments service to another Provider.
- Refunds and Returns.
- You agree to process returns, and provide refunds and adjustments, for your goods or services through Smaartr IO Payments in accordance with these Terms of Service and any applicable payment card network rules or our Provider’s terms. Payment card network rules may require that you will (a) maintain a fair return, cancellation or adjustment policy, (b) disclose your return or cancellation policy to customers at the time of purchase, (c) not give cash refunds to a customer in connection with a card sale, unless required by law and (d) not accept cash or any other item of value for preparing a card sale refund. You are responsible for knowing and adhering to the payment card network rules applicable to you, and Smaartr IO will not be liable for any violation by you of the payment card network rules.
- The amount of the refund/ adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the user for postage that the user paid to return merchandise, if applicable. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the user, you may still receive a Chargeback relating to such sales. You can process a refund through your account up to sixty (60) days from the day you accepted the payment. If the balance in your account is insufficient to cover the refund, we will withdraw up to the requested refund amount from your bank account and credit it back to your user’s card. Transaction fees are also refunded, so the full purchase amount is always returned to your user.
- Customer Service. You are solely responsible for all customer service issues relating to your services, including pricing, fulfillment, cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from Smaartr IO. As between you and Smaartr IO, you are solely responsible for customer service issues relating to your account.
You can use our platform to accept payments and process refunds for your students. If we suspect fraud or misuse on your account, we may suspend your account.
We will arrange for a processor to process credit and debit card payments with the payment networks and you will have to agree to the processor’s terms and conditions as well as the payment network rules. Even if you use our Services, you are still responsible for customer service for your students.
10. Cancellation and Termination
You may cancel your account at any time by emailing [email protected] and then following the specific instructions indicated to you in Smaartr IO’s response.
Once cancellation is confirmed, all of your Content will be immediately deleted from the Services. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. If you request that your Content be deleted, Smaartr IO will not be held responsible for any data that is lost. As noted in section 7, above, if you remove Content, we may retain a copy of necessary to meet our legal and compliance obligations.
If you cancel the Services in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
We reserve the right to modify or terminate the Services for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Smaartr IO may prevent you from creating an account or suspend or terminate any account that you create if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Services.
To initiate a cancellation, email [email protected]. Smaartr IO will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted and we are allowed to keep a copy, as required by law. If you cancel in the middle of the month, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
11. Modifications to the Services and Prices
Prices for using Smaartr IO are subject to change upon 30 days notice from Smaartr IO. Such notice may be provided at any time by posting the changes to the Smaartr IO Site (Smaartr.IO) or the administration menu of your Smaartr IO site via an announcement.
Smaartr IO reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice.
Smaartr IO shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
We may change or discontinue the Services at anytime, without liability.
12. Optional Tools
Smaartr IO may provide you with access to, and you may choose to use, third party tools as part of the Services, including for example the Smaartr IO App Store, over which Smaartr IO neither monitors nor has any control or input.
You acknowledge and agree that Smaartr IO provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Smaartr IO shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of third-party services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
Smaartr IO strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
The parties have agreed that this arrangement will be established and all related documents be written in English. Les parties ont convenu que cette entente sera conclue et que tous les documents connexes soient rédigés en anglais.