Terms of Service
Last Updated March 18, 2022
Please read these terms and conditions carefully before using Smartdaili Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
● "Account" means a unique account created for You to access our Service or parts of Smartdaili Service.
● "Smartdaili" (referred to as either "Smartdaili", "We", "Us" or "Our" in this Agreement) refers to Smartdaili.
● "Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
● "Device" means any device that can access Smartdaili Service such as a computer, a cell phone or a digital tablet.
● "Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
● "Service" refers to the website www.Smartdaili.io and any accompanying services, features, content, and applications offered by Smartdaili.
● "Terms of Service" (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and Smartdaili regarding the use of Smartdaili Service.
● "Third-party Social Media Service" ●means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by Smartdaili Service.
● "You" means the individual accessing or using Smartdaili Service, or Smartdaili, or other legal entity on behalf of which such individual is accessing or using Smartdaili Service, as applicable.
Acknowledgment
These are the Terms of Service governing the use of Smartdaili Service and the agreement that operates between You and Smartdaili. These Terms of Service set out the rights and obligations of all users regarding the use of Smartdaili Service.
Your access to and use of Smartdaili Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use Smartdaili Service.
By accessing or using Smartdaili Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access Smartdaili Service.
You represent that if You are a minor under the age of 18, You should obtain the consent of Your parent or legal guardian before using the services of Smartdaili. If You are the guardian of a minor, please contact us when You have questions about the personal information of the minor under Your guardianship.
Your access to and use of Smartdaili Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Smartdaili. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access Smartdaili Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Refund Policy
You may cancel your subscription for any reason within 30 days of your initial purchase and you will receive a full refund of the amount you paid(Money Back Guarantee).
Non-refundable activities:
1、The purchased plan package has been used.
2、The purchased plan package has expired.
Refunds beyond 30 days from your date of purchase will be considered, at the sole discretion of Smartdaili, if a subscriber can demonstrate that the Service was not available or usable during the subscription period and that reasonable attempts were made to contact Smartdaili to resolve the issue. In this case, Smartdaili may provide the Subscriber with a pro-rata refund of service fees paid during the period when the Service was not available or usable.
Refunds are generally processed within seven (7) days, and are made to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency or Bitcoin.
Any change to the original purchase, such as upgrading to an extended billing term or purchasing of additional licenses under the same account, shall constitute a waiver of the Money Back Guarantee option. To request a refund under the Money Back Guarantee, send an email with your request to the following email address:
[email protected]
Content
Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to Smartdaili Service, including its legality, reliability, and appropriateness.
By posting Content to Smartdaili Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Smartdaili Service. You retain any and all of Your rights to any Content You submit, post or display on or through Smartdaili Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of Smartdaili Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through Smartdaili Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
Smartdaili is not responsible for the content of Smartdaili Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
● Unlawful or promoting unlawful activity.
● Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
● Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
● Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
● Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
● Impersonating any person or entity including Smartdaili and its employees or representatives.
● Violating the privacy of any third person.
● False information and features.
Smartdaili reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. Smartdaili further reserves the right to make formatting and edits and change the manner of any Content. Smartdaili can also limit or revoke the use of Smartdaili Service if You post such objectionable Content. As Smartdaili cannot control all content posted by users and/or third parties on Smartdaili Service, You agree to use Smartdaili Service at Your own risk. You understand that by using Smartdaili Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Smartdaili be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
Content Backups
Although regular backups of Content are performed, Smartdaili does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
Smartdaili will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Smartdaili has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of Smartdaili Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on Smartdaili Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through Smartdaili Service, You must submit Your notice in writing to the attention of our copyright agent via email (
[email protected]) and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
Intellectual Property
Smartdaili Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Smartdaili and its licensors.
Smartdaili Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Smartdaili.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide Smartdaili. If for any reason such assignment is ineffective, You agree to grant Smartdaili a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Smartdaili.
Smartdaili has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Smartdaili shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use Smartdaili Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using Smartdaili Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of Smartdaili and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through Smartdaili Service.
To the maximum extent permitted by applicable law, in no event shall Smartdaili or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use Smartdaili Service, third-party software and/or third-party hardware used with Smartdaili Service, or otherwise in connection with any provision of this Terms), even if Smartdaili or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
Smartdaili Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Smartdaili, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to Smartdaili Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Smartdaili provides no warranty or undertaking, and makes no representation of any kind that Smartdaili Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Smartdaili nor any of Smartdaili's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of Smartdaili Service, or the information, content, and materials or products included thereon; (ii) that Smartdaili Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Smartdaili Service; or (iv) that Smartdaili Service, its servers, the content, or e-mails sent from or on behalf of Smartdaili are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of Smartdaili Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about Smartdaili Service, You agree to first try to resolve the dispute informally by contacting Smartdaili.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and Smartdaili Service.
Contact Us
If You have any questions about these Terms of Service, You can contact us:
● By visiting this page on our website: www.Smartdaili.io
● By sending us an email:
[email protected]