Terms of Service

Effective Date: Mar 1, 2020

By using our Service (Smartworks, SmartTask, Smartlinks), you are agreeing to these Terms of Service (“Terms”). If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of the Organization. In that case, “you” and “your” may refer to the Organization. Please read these terms carefully before start using our Service.

Change of Terms of Service

From time to time, Smartworks may choose to modify existing terms and/or update these terms with additional terms that apply to the Service. You should check the terms regularly to keep informed. Smartworks will also post notice of modification to these Terms on this page or via the email address you registered with us. Note, changes will not apply retroactively and will become effective thirty (30) days after they are posted on our website. Changes addressing new functions for the Service or changes made for legal reasons may be effective immediately. You should discontinue your use of our Service if you do not agree with updated/modified Terms.

Your Content in Our Service

Our service allows you to upload, download and store content, including but not limited to, tasks and associated information, text, graphics, videos, audios, or other material (“Content”). You retain ownership of any intellectual property rights that you hold in that Content. When you upload, store, send or receive Content to or through our Service, you give grant us a license to use, copy, host, process, transmit, store, upload and download this Content, for the purpose of providing Service to you and associated support. We reserve our right at all times, but are not obligated, to remove or refuse to distribute any Content through the Service including your Content.

Modifying and Terminating Our Service

Smartworks may add or remove functionalities or features in the normal course of improving, changing, and/or updating the Service. Smartworks reserves the right to, at anytime, limit or restrict the availability and accessibility of the Site and/or the Service to any person, geographic area or jurisdiction.

You can choose to stop using our Service at will. We may also stop providing Service to you, or add or create new limitations to our Service at any time as detailed in the Terms.

Jurisdiction

Smartworks makes no guarantee that the content on the Site and/or the Service are appropriate or available or appropriate for use in your country. Users or people, who visit and/or use the Site and/or the Service, do it on their own free will and risk and are solely responsible for compliance with local laws.

API

You may access your Service data via the Application Program Interface (“API”). By using API, you are automatically bound by the Terms.

Using Our Service

You must follow any policies made available to your within the Service. You may only use our Service as permitted by law. Smartworks may investigate and/or suspend or terminate our Service to you at any time if we find your use of our Service violates the Terms and/or any policies.

Any violation of our Guest User Policy may entail:

Using our Service does not grant you ownership of any intellectual property rights in our Service or the content you may have access to. You may not use any copyrighted content in our Service unless you obtain permission from the content owner and/or are otherwise permitted by law. The Terms do not grant you the right to use any branding or logos used in our Service. Our Service may display some logos, trademarks, or branding materials that is not the property of Smartworks. These types of content are the sole responsibility of the entity that makes it available.

You must not abuse and/or misuse our Service, including but not limited to, doing the following things:

• (a). Using the Service for any unlawful purposes or activities;
• (b). Uploading any content to the Service in violation of any applicable law, including but not limited to, intellectual property laws and publicity laws;
• (c). Sending unsolicited promotions or advertisements;
• (d). Accessing or tampering with the Service’s server systems;
• (e). Interfering with or disrupting the access of any user, host, or network;
• (f). Abusing or submitting excessively frequent requests to the Service via the API.

Smartworks, in its sole discretion, will determine abuse and/or misuse of our Service.

Paid Service and Payments

You may choose our free Service or paid Service (“Premium”, “Business”, etc) depending on your need. We do not guarantee when, if ever, Paid features will be available in the free Service. You can upgrade from free Service to paid at any time by following instructions on our pricing page.

When a free trial of paid version is offered, you will have access to all paid features as noted in the pricing page. After the free trial period, if you choose not to upgrade to Paid version, features available to you will be limited to free Service. You will be charged with the amount shown on Pricing before you can access the paid services.

BY PURCHASING A PAID VERSION YOU EXPRESSLY UNDERSTAND AND AGREE TO OUR REFUND POLICY:

WITHIN SEVEN (7) DAYS OF YOUR PAID VERSION PAYMENT DATE AS SHOWN ON YOUR PAYMENT BILL, YOU CAN REQUEST A FULL REFUND (BARRING THE PAYMENT GATEWAY CHARGES) BY CONTACTING US. NO REFUND OF ANY KIND WILL BE PERMITTED AFTER SEVEN (7) DAYS OF YOUR PAID VERSION PAYMENT DATE. DO NOTE, REFUND IS NOT POSSIBLE FOR COMPANIES WHICH HAVE BEEN CREATED 3 MONTHS BEFORE THE REFUND REQUEST DATE.

Limited Liability for Our Service

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS AVAILABLE “AS IS”. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

SMARTWORKS AND ITS SERVICE PARTNERS, LICENSORS, EMPLOYEES, AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.

SMARTWORKS DOES NOT WARRANT THAT:

• (a). THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS AT ALL TIMES;
• (b). THE SERVICE WILL BE ERROR-FREE AND ALL ERRORS IN THE SERVICE WILL BE CORRECTED;
• (c). THE SERVICE WILL BE UNINTERRUPTED.

ALL CONTENT DOWNLOADED, UPLOADED AND/OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR DEVICES, INCLUDING BUT NOT LIMITED TO, LAPTOP COMPUTERS, DESKTOP COMPUTER, TABLETS, SMARTPHONES AND SMARTWATCHES, OR ANY DATA LOSS RESULTING FROM DOWNLOAD OR USE OF ANY SUCH ABOVE MENTIONED MATERIAL.

SMARTWORKS’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO SMARTWORKS FOR YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.