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Last Updated: January 1, 2025
These Terms of Service ("Terms") govern Your access to and use of the SMART-POINT website, platform, services, and related products ("Services"). By accessing or using Our Services, You agree to be bound by these Terms. If You do not agree, You may not use the Services.
These Terms form a legally binding agreement between SMART-POINT ("We," "Us," "Our") and the user ("You," "Your"). Additional terms may apply depending on the nature of the services You access, including product-specific service level agreements (SLAs), privacy notices, or licensing terms.
2.1. "Account" means a registered user account through which Services are accessed.
2.2. "Authorized User" means anyone authorized by You to use the Services on Your behalf.
2.3. "Content" refers to any data, text, files, or materials submitted, posted, or displayed using Our Services.
2.4. "Intellectual Property" includes trademarks, copyrights, patents, designs, trade secrets, and know-how.
2.5. "Subscription" refers to any paid plan or contractual agreement for continued use of the Services.
2.6. "Third-Party Services" means tools or services operated by external providers integrated into Our Services.
2.7. "User Data" refers to any data submitted by the user during account creation, service use, or communications.
2.8. "Platform" refers to the SMART-POINT systems, interfaces, websites, or tools provided under these Terms.
3.1. You must be at least 18 years of age or of legal age in Your jurisdiction to use the Services.
3.2. By using Our Services, You represent that You have the legal authority to enter into these Terms.
3.3. Use of the Services is prohibited where such access or use violates applicable laws or regulations.
4.1. To access certain features, You may need to register and create an Account.
4.2. You agree to:
4.2.1. Provide accurate and current information during registration.
4.2.2. Maintain the confidentiality of Your login credentials.
4.2.3. Notify Us immediately if You suspect unauthorized use of Your Account.
4.2.4. Remain responsible for all activities that occur under Your Account.
4.3. You may not:
4.3.1. Use another user’s credentials.
4.3.2. Create multiple accounts without authorization.
4.3.3. Impersonate any person or entity.
5.1. Some Services require a Subscription with periodic payments.
5.2. All pricing is provided in local currency unless stated otherwise and excludes applicable taxes.
5.3. You authorize Us to charge Your payment method for recurring fees.
5.4. Late payments may incur interest charges and may result in service suspension.
5.5. We reserve the right to modify pricing and Subscription terms with 30 days’ notice.
5.6. Refunds are generally not issued unless required by law or explicitly stated in a separate refund policy.
5.7. If Your payment fails, We may retry the transaction or request an alternate method.
6.1. You agree to use the Services only for lawful purposes.
6.2. You shall not:
6.2.1. Reproduce, duplicate, or resell any part of the Services without written consent.
6.2.2. Interfere with or disrupt servers, systems, or networks.
6.2.3. Reverse engineer, decompile, or attempt to discover the source code of the Services.
6.2.4. Upload malicious software or harmful code.
6.2.5. Use the Services for fraudulent, deceptive, or harmful purposes.
6.2.6. Violate the rights of others, including their privacy or intellectual property rights.
6.3. We may monitor usage to ensure compliance and reserve the right to remove content or suspend accounts that violate these Terms.
7.1. We strive to maintain the availability and uptime of Our Services.
7.2. Scheduled maintenance and updates may affect access temporarily.
7.3. We are not liable for outages or interruptions beyond Our control.
7.4. Emergency maintenance may occur without notice to preserve the integrity or security of the system.
7.5. Performance may vary based on Your location, internet connection, and system configuration.
8.1. All intellectual property associated with the Services remains the property of SMART-POINT or its licensors.
8.2. You are granted a limited, non-exclusive, non-transferable license to use the Services for Your internal business use.
8.3. You may not:
8.3.1. Copy, distribute, or create derivative works based on the Services.
8.3.2. Remove or obscure any proprietary notices.
8.4. You retain ownership of Your own data and content submitted to the platform.
8.5. We may use aggregated, anonymized usage data for internal research and development.
9.1. Our Services may contain links or integrations with third-party applications.
9.2. We do not endorse, control, or assume responsibility for these third-party tools.
9.3. Your use of Third-Party Services is at Your own risk and subject to their respective terms.
9.4. We are not liable for any damages or losses arising from Your use of third-party services.
10.1. You may terminate Your Account at any time by contacting Us.
10.2. We may suspend or terminate Your access to Services if:
10.2.1. You breach these Terms.
10.2.2. Required by law or regulatory order.
10.2.3. Non-payment or fraudulent activity is detected.
10.3. Upon termination:
10.3.1. Your license to access the Services ends immediately.
10.3.2. Any outstanding fees remain payable.
10.3.3. You must delete any downloaded or cached materials from Our Services.
10.4. SMART-POINT reserves the right to deny re-registration after termination.
11.1. To the fullest extent permitted by law, SMART-POINT disclaims liability for:
11.1.1. Indirect or consequential damages.
11.1.2. Loss of profits, revenue, or data.
11.1.3. Unauthorized access to Your Account or content.
11.1.4. Third-party software or services.
11.2. Our total liability for any claims will not exceed the amount paid by You in the past 12 months.
11.3. Nothing in these Terms limits liability for death, personal injury, or fraud where such exclusion is prohibited by law.
12.1. You agree to indemnify and hold harmless SMART-POINT from any claims, liabilities, and expenses arising from:
12.1.1. Your use of the Services.
12.1.2. Violation of these Terms.
12.1.3. Infringement of third-party rights.
12.2. This clause survives termination of the Agreement.
13.1. Any disputes shall be resolved through good faith negotiation.
13.2. If unresolved, the dispute shall be subject to the laws of Ukraine and the jurisdiction of the courts of Kyiv.
13.3. Alternative dispute resolution mechanisms may be proposed in good faith before litigation.
14.1. These Terms represent the entire agreement between You and Us regarding the Services.
14.2. We may update these Terms at any time, with notice provided via Our website or email.
14.3. If any provision is deemed unenforceable, it shall be modified to be enforceable or removed without affecting the remainder of the Terms.
14.4. No failure or delay in exercising a right shall constitute a waiver of that right.
14.5. You may not assign or transfer these Terms without Our prior written consent.
14.6. SMART-POINT may assign these Terms to an affiliate or successor entity without notice.
14.7. These Terms do not create any partnership, agency, or employment relationship between the Parties.
15.1. For any questions about these Terms of Service, please contact:
15.1.1. SMART-POINT
15.1.2. Holosiivska St., 17, Office 13, Kyiv, Ukraine, 03039
15.1.3. Email: [email protected]
15.1.4. Registration Number: 45826054
