These terms may be updated from time to time in the future. You agree to review our Terms of Service regularly by visiting this page. Your continued access to or use of the service will mean that you agree to the changes. You will be notified of any significant changes to our Terms of Service.

Last updated: December 2019

SMYDATA ("Smydata", "smydata", "we", "us" or "our") provides a variety of services to customers and small businesses around the world. Please read these Terms of Use (the "Terms") so you properly understand how you're expected to use our Services and the rights you have in relation to them. By installing, accessing, downloading or otherwise using the Services, or any of their features, you are agreeing to comply with the Terms. Any reference throughout to "you" or a correlative subject refers to the device owner and/or user of the Services. Your continued use of the Services will be deemed acceptance of the updated Terms. These Terms of Service and our Privacy Policy describe the entire agreement between you and us regarding the Service and supersede any prior understandings or agreements. We shall be entitled to assign or subcontract our rights and/or obligations under these Terms of Service to another party. As Account Holder you may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. Failure at any time to enforce any of these terms and conditions or to require performance by the other party of any such term or condition shall not be construed as a waiver of such provision or affect the right of either party to enforce the same. If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.

Registration

By installing, accessing, downloading or otherwise using the Services, or any of their features, you agree to comply with the Terms and enter into a binding contract with us. Your use of the Services, including all rights you have under the contract with us, are detailed in these Terms. If you breach or violate any of the Terms, we have the right to disable your account immediately and you will not be permitted to create another account without our permission. If you apply for our account, you warrant that you are agreeing to enter into this Agreement. The provisions of these Terms of Service shall govern our agreement with you. We reserve the right, at our discretion, not to accept an application for account creation. Age: You must be at least 18 years to use the Services. This age is subject to the laws of the country you are from and therefore may be higher (but never lower) than our required age. Account Security: You are responsible for keeping your device, your account and any security codes/passwords (if requested) safe and secure. If your account has been breached in any way, please contact us immediately via email info@smydata.com. The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its Smydata account. Please keep any password issued in a secure manner. We do not have access to any Account Holder's passwords and will not be able to access your account without the Account Holder's authentication and permission. All transfer of Accounts Holder's data between our servers and any external environment is encrypted. You will not be able to access and use the Smydata service without a valid username and password. In case you cannot retrieve your password using online password reset tool, you will have to go through a manual verification process in order to re-claim your account. We reserve the rights to take the final decision.

General Conditions:

Age: You must be at least 18 years to use the Services. This age is subject to the laws of the country you are from and therefore may be higher (but never lower) than our required age.

Account Security: You are responsible for keeping your device, your account and any security codes/passwords (if requested) safe and secure. If your account has been breached in any way, please contact us immediately via email info@smydata.com. The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its Smydata account. Please keep any password issued in a secure manner. We do not have access to any Account Holder's passwords and will not be able to access your account without the Account Holder's authentication and permission. All transfer of Accounts Holder's data between our servers and any external environment is encrypted. You will not be able to access and use the Smydata service without a valid username and password. In case you cannot retrieve your password using online password reset tool, you will have to go through a manual verification process in order to re-claim your account. We reserve the rights to take the final decision.

Acceptable Use

When using our services, you must always do so for legal, authorized and acceptable purposes. In doing so, you will not:

• Ause the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with or contravening these Terms.
• violate or infringe the rights of smydata, our users, or others, including privacy, intellectual property, or other proprietary rights.
• transmit any material that is illegal
• impersonate someone.

hen using the Services, you also must not seek to harm Smydata or any of our users or customers. In doing so, you must not (or allow or assist others to) access, use, copy, modify, distribute, display, otherwise exploit or prepare derivative works based upon and of our Services in impermissible or unauthorized manners, or in ways that harm us, our Services, systems, users, or others. This applies equally to fraudulent acts, misrepresentation or willful default on the part of any party to the transaction and their directors, officers, employees, agents or advisers.

In doing so you must not:

• reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services.
• send, store, or transmit viruses or other harmful computer code through or onto our Services.
• gain or attempt to gain unauthorized access to our systems.
• create accounts for our Services through unauthorized means.
• collect the information of or about our users in any impermissible or unauthorized manner; and/or
• sell, resell, rent, or charge for the use of our Services.
• remove or alter the conditions of use, any copyright notices and other identification disclaimers as
• they may appear on the website, or in any print format.
• provide by electronic means to any person other than an authorized user any content, c) alter or change any part of the content.

Device Data, Functions and Access

To operate efficiently, we require access to the following data and functions on your device/tablet/computer:

• network (cellular data and Wi-Fi)
• photos, images and videos
• camera
• documents
• location data
• microphone
• calendar and storage

We will ask your consent before accessing the different kinds of data held in your device. Once you have provided your consent, we will remember this and not ask you again.

Licenses and Intellectual PropertyWhat we own:

Throughout our relationship with you, we retain ownership or control of the Services and all intellectual property rights therein, including all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights that have, do or will exist in the future ("Intellectual Property"). You may not use our Intellectual Property unless permitted with our express written consent (which you can seek by contacting us using the contact details above).

What you own:

Throughout our relationship with you, you retain ownership of the details, information or other data you submit for your account or through the use of our Services.

License to you

In order for you to receive the Services at the best standard, we grant you a revocable, non-exclusive, non-sublicensable and non-transferable license to use the Services, subject to and in accordance with these Terms. If you choose to give another party access to your account, you do so at your own risk, and you shall remain primarily liable to Smydata for complying with these Terms of Service for the use of the Service. No other licenses or rights are granted to you by implication or otherwise.

Infringement of Intellectual Property

If you believe our Intellectual Property is being infringed by a third party, please contact us immediately using the contact details provided above. If we believe you are infringing the intellectual property of another, we may terminate your account.

Updates

When an update becomes available, you are strongly encouraged to download this. Upgrades are created to better the user experience thereof. If you do not update, it may no longer be supported by us and, over time, will likely depreciate in functionality.

Support

If you require support in relation to your use of the Services, please contact us using the contact details above, or our email for support, info@smydata.com

Disclaimer

You use and accept the provision of the Services at your own risk and subject to the following disclaimers:

• the Services are provided on an "as is" basis without any express or implied warranties
• no warranty is given that any information provided by us is accurate, complete, or useful, that the Services will be operational, free from errors, secure, safe, or that the Services will function without disruptions, delays or imperfections.
• we do not control and are not responsible for controlling how or when our users use our Services.
• we are not responsible for and are not obligated to control the actions or information (including content) of our users or other third parties.

The forgoing disclaimer will apply to the fullest extent permitted by applicable law.

Our Liability Limitation of Liability

We, our affiliates, subsidiaries, directors, employees, partners and agents (together the "SMYDATA GROUP") will not be held liable to you, whether in contract (including under any indemnity), tort (including negligence), under statute or otherwise, under or in connection with these Terms, your use of the Services, and/or our provision of the Services, for any consequential, indirect, special or incidental losses or damages, or for any loss or damage to the extent that such loss or damage is caused or contributed to by you, or is a result of the failure by you to comply with these Terms. For any other losses or damages, the SMYDATA GROUP's aggregate liability towards you for all claims during our relationship with you shall not exceed $100 USD at any time. The forgoing exclusion and cap of liability will each apply to the fullest extent permitted by applicable law.

Your Liability

You agree to defend, indemnify, and hold harmless the Smydata Group from and against all liabilities, damages, losses, and costs (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services; (b) your breach of our Terms; or (c) any misrepresentation made by you.

Termination Our right

We retain the right at any time to disable your account (either indefinitely or for a set period of time) and/or terminate your access and use of any or all of the Services for any reason, including your violation of these Terms.

Continuing provisions

However, caused, the following provisions will survive any termination of your relationship with us: Licenses, Disclaimer, Our Liability, Your Liability, Termination, General, Dispute Resolution and Governing Law.

General

In addition to any other terms and conditions within these Terms, please be aware of the following:

• Entire Agreement: These Terms make up the entire agreement between you and us regarding your use of the Services
• Local Law Violations: Our Services should not be accessed or otherwise used in any jurisdiction where any or all the Services are prohibited to any degree.
• Applicable Law: You agree to comply with all laws that apply to you in your use of the Services.
• Wavier: Any waiver of any Terms or obligations or rights hereunder is not permitted without our written consent.
• Assignment: We may assign or otherwise transfer all or some of our rights and obligations under these Terms to another party. You may assign or otherwise transfer all or some of our rights and obligations under these Terms to another party with our prior written consent.
• Third Parties: Except as stated or contemplated herein, these Terms do not give any third party any rights.
• Severance: If any provision of these Terms is deemed illegal, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

Governing Law

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, please see the following as to how it can be resolved and what laws will apply.

Fees and Payment Terms Payment

A subscription fee will be charged as per the plans mentioned on the pricing page. We strictly comply with the laws of the land and we will charge applicable taxes.

Non-payment

We shall be under no obligation to provide the Service if the subscription fee is not paid to us on time. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address. If subscription fees become overdue, we reserve the right to suspend your access to the Service until the balance is paid and we may close the Account Holder's account permanently and disengage ourselves as Agent.

Suspension or termination

If you fail to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend or terminate your access to the Service. If we withdraw access to the Service, no refund will be payable by us. One month's notice will be given prior to the suspension of an account after which time if any issue has not been resolved within the following month, we will take action to disengage ourselves as your Agent. We also reserve the right to close any account for any reason, by giving one month's notice. Suspension of your account could seriously jeopardize our ability to manage your company accounts and could lead to the missing of submission deadlines. We cannot be held liable for any fines incurred resulting from this.

Availability

We will make reasonable endeavors at all times to ensure that the Service will be suitable for your intended use. We cannot guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available at all times since we are dependent on the reliability of the Internet and your use of your own computer to access the Service. We will try to keep any disruptions to a minimum, but it may be necessary to suspend the Service from time to time to carry out maintenance and support work.