Terms and Conditions Systems & Smiles
These terms and conditions (“Terms”) govern your access to and use of the services provided by Systems & Smiles (“Company”), including but not limited to our software applications, websites, and any related products or services (collectively referred to as the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using our Services.
- Acceptance of Terms
1.1 By accessing or using our Services, you confirm that you are at least 18 years of age or have obtained parental or guardian consent to use our Services. You acknowledge that these Terms constitute a legally binding agreement between you and the Company.
1.2 If you are using our Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such cases, “you” or “your” shall refer to both the individual user and the entity they represent.
- Use of Services
2.1 Account Creation
2.1.1 In order to access certain features of our Services, you may be required to create an account. You agree to provide accurate and up-to-date information during the registration process and to keep your account information confidential. You are responsible for all activities that occur under your account.
2.1.2 You shall not create multiple accounts or impersonate any person or entity while using our Services. You agree to promptly notify the Company of any unauthorized use of your account or any other breach of security.
2.2 Prohibited Activities
2.2.1 You agree not to use our Services for any unlawful, unauthorized, or prohibited purposes. This includes but is not limited to:
- Violating any applicable laws, regulations, or third-party rights.
- Attempting to interfere with the security or integrity of our Services.
- Uploading or distributing any content that is harmful, obscene, defamatory, or violates any intellectual property rights.
- Engaging in any activity that may adversely affect the performance or functionality of our Services.
2.2.2 You acknowledge that the Company may, at its sole discretion, suspend or terminate your access to the Services if you engage in any prohibited activities or violate these Terms.
2.3 Service Availability
2.3.1 While we strive to provide uninterrupted access to our Services, we do not guarantee that the Services will be available at all times or free from errors or interruptions. We reserve the right to suspend, modify, or discontinue any part of our Services without prior notice.
2.3.2 The Company shall not be liable for any loss or damage arising from the unavailability of the Services, temporary interruptions, or any errors or inaccuracies in the content provided through the Services.
- Intellectual Property
3.1.1 The Company retains all rights, title, and interest in and to the Services, including all associated intellectual property rights. Except as expressly provided in these Terms, no license or right is granted to you regarding the Services or any intellectual property of the Company.
3.1.2 You may not modify, reproduce, distribute, or create derivative works based on our Services without the Company’s prior written consent.
3.2 User Content
3.2.1 You retain ownership of any content you submit, post, or transmit through our Services (“User Content”). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, distribute, and display the User Content for the purpose of providing and promoting the Services.
3.2.2 You represent and warrant that you have the necessary rights to grant the above license for any User Content you submit and that the User Content does not infringe any third-party rights or violate any applicable laws.
3.2.3 The Company does not claim ownership over User Content but may monitor, remove, or refuse to display any User Content that violates these Terms or may be objectionable or in violation of any law or third-party rights.
4.1 Data Collection and Use
4.2.1 The Company takes reasonable measures to protect the security and integrity of your personal information. However, no method of transmission over the internet or electronic storage is completely secure, and the Company cannot guarantee the absolute security of your information.
4.2.2 You are responsible for maintaining the confidentiality of your account information and for any activities that occur under your account. You agree to immediately notify the Company of any unauthorized use or suspected breach of security.
- Limitation of Liability
5.1.1 The Services are provided on an “as is” and “as available” basis without any warranties, express or implied. The Company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.1.2 The Company does not warrant that the Services will be error-free, uninterrupted, secure, or free from viruses or other harmful components. You acknowledge that your use of the Services is at your own risk.
5.2 Limitation of Liability
5.2.1 To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, arising out of or in connection with your use of the Services.
5.2.2 In no event shall the aggregate liability of the Company exceed the total fees paid by you, if any, for accessing or using the Services during the six-month period preceding the event giving rise to the liability.
5.2.3 Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, the Company’s liability shall be limited to the maximum extent permitted by law.
6.1 You agree to indemnify and hold the Company, its officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Services or violation of these Terms.
- Modifications to the Terms
7.1 The Company reserves the right to modify or amend these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website or through other means of notice. Your continued use of the Services after the modifications indicates your acceptance of the revised Terms.
8.1 The Company may, in its sole discretion, suspend or terminate your access to the Services at any time and for any reason, without notice or liability. Upon termination, your right to use the Services will immediately cease, and you must cease all use of the Services.
- Governing Law and Dispute Resolution
9.1 These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any dispute arising out of or in connection with these Terms shall be resolved by binding arbitration in accordance with the rules of [Arbitration Association]. The arbitration shall take place in [City, Country], and the language of the arbitration shall be [Language]. The decision of the arbitrator shall be final and binding on the parties.
9.2 Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop any infringement or violation of intellectual property rights or any harm or misuse of the Services.
- General Provisions
10.1 Entire Agreement
10.1.1 These Terms, along with any additional terms or policies referenced herein, constitute the entire agreement between you and the Company and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written, relating to the subject matter of these Terms.
10.2.1 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
10.3.1 The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
10.4.1 You may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign or transfer its rights and obligations under these Terms.
10.5 Contact Information
10.5.1 If you have any questions or concerns about these Terms or our Services, please contact us at [Contact Email].
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future amendments or modifications.