This End User Agreement (“Agreement”) is a binding legal document between SmartAI and you, which explains your rights and obligations as an End User of SmartAI products (Products). “SmartAI” means SmartAI Pty Ltd (ACN 621 218 648) of 15 San Domino Avenue, Point Cook, Victoria 3030 Australia.
By continuing to use smartAI’s Product, End User agrees to be bound by this Agreement.
From time to time, SmartAI may modify this Agreement, including any referenced policies and other documents. Any modified version will be effective at the time it is posted. To keep abreast of your license rights and relevant restrictions, please bookmark this Agreement and read it periodically. By using any Product after any modifications, End User agrees to all of the modifications. Where reasonably practical, the End User will be informed of any significant change and has the right to cancel its subscription with SmartAI.
The license fee payable by you is exclusive of Goods and Services Tax and you are responsible for payment of all Goods and Services Tax and all other applicable taxes and duties, arising from supply of the Products.
- SmartAI may provide additional programming, design and aligned services to you on a fee-for-service basis. License Fees do not apply to these services.
- SmartAI shall use its reasonable endeavours to supply access to the Products to you in accordance with your orders, and to meet any agreed delivery date for access to Products but in no circumstances shall SmartAI be liable for any loss, damage, claims or expenses whether direct, indirect or consequential (including loss of profits and loss of goodwill) or otherwise suffered or incurred by you as a result of a failure to supply access to Products or to supply access to Products within a specified time, unless SmartAI is found to be negligent in their supply of access to Products.
- Pricing, Plans and Features
- Your monthly subscription fee is stated in the Authority to Proceed and Order Form signed by you, or as otherwise agreed with us in writing.
- We reserve the right to change pricing and the features offered from time to time. We will notify you of any price changes and where reasonably practical we will notify you of any significant changes to the Product features, noting that the End User has the right at any time to cancel its subscription with SmartAI.
- Payment and credit control
- All services are billed monthly in advance.
- Where the Product has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.
- It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.
- Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your Product and associated services may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
- You many cancel your services at any time.
- Cancellation should be done through your sales agent providing written consent to cancel your service or where available, via the SmartAI website.
- Cancellations require 30 days notice and no refunds will be provided for remaining unused days under a monthly account or accounts.
- For 12-month accounts (where offered) a refund will be offered for all complete remaining months of the service not used. No refund will be offered for days remaining in the month of cancellation.
- Your Data“Your Data” means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through the Products. You will retain all right, title and interest in and to Your Data in the form provided to SmartAI. Subject to this Agreement, you hereby grant to SmartAI a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, to the extent necessary to provide the applicable Products to you. SmartAI may also use aggregate information to measure general usage patterns and characteristics of its user base and otherwise to improve its Products and services, and may include such aggregate information about its audience in promotional materials or reports to third parties. This aggregate information will not reference names, phone numbers, email addresses, or other personally identifiable information, and it will be not traceable to a specific recipient or user email address. To the extent you provide SmartAI with information that identifies any individual, you warrant you your collection, use, storage and sharing of such information complies with your own privacy policies and the Privacy Act 1988 (Cth) and any other applicable law. SmartAI otherwise agrees to comply with its obligations under the Privacy Act 1988 (Cth) and any other applicable law.
You understand that use of the Products necessarily involves transmission of Your Data over networks that are not owned, operated or controlled by SmartAI, and we are not responsible for any of Your Data lost, altered, intercepted or stored across such networks.
- Limitation of LiabilityWe shall not be liable for any any loss of profit , loss of data, loss of goodwill, loss of systems, failure of security mechanisms, loss of reputation, loss of revenue, loss of anticipated savings or any other direct, indirect or consequential loss or damage arising out of or in connection with the manufacture or supply of the Products, their marketing, SmartAI’s performance or non-performance of its obligations, or your use of the Products, regardless of the form of action, whether in contract, tort (including negligence), arising under statute or otherwise.
- License RestrictionsYou will not sell, loan, rent, transfer or sub-license the Products or your rights under this Agreement without the prior written consent of SmartAI.
To protect SmartAI’s intellectual property rights in the Products you will not, and will not allow or cause a third party, to decompile, disassemble, reverse engineer, copy or modify the Products or use the whole or any part of the Products to assist in the development of a similar or competitive product or otherwise use the Products except as provided in this Agreement.
- IndemnityYou agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of this Agreement and use or mis-use of the Products or any other service provided by us.