Terms of Service
Last updated: January 1, 2025
Please read these Terms of Service ("Terms") carefully before using the Smarter Launch platform and website operated by Smarter Launch Inc. ("we", "us", or "our"). By accessing or using our service, you agree to be bound by these Terms. If you disagree with any part of the terms, you do not have permission to access the service.
1. Use of Service
Smarter Launch grants you a limited, non-exclusive, non-transferable, revocable license to use the platform solely for your internal business purposes in accordance with these Terms. You may not sublicense, resell, or otherwise transfer your rights to any third party.
2. Account Registration
To access certain features of the service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep this information up to date. You are responsible for safeguarding your account password and for any activity that occurs under your account. Notify us immediately at support@smarterlaunch.com if you suspect unauthorized use of your account.
3. Acceptable Use
You agree not to use the service to:
- Violate any applicable law or regulation
- Transmit spam, unsolicited messages, or malicious content
- Impersonate any person or entity or misrepresent your affiliation
- Attempt to gain unauthorized access to any part of the service or its infrastructure
- Scrape, copy, or reproduce any part of the platform without our express written permission
- Introduce viruses, trojans, worms, or other malicious or harmful code
- Interfere with or disrupt the integrity or performance of the service
4. Intellectual Property
The service and its original content, features, and functionality are and will remain the exclusive property of Smarter Launch Inc. and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Smarter Launch Inc.
You retain ownership of any content you upload or create using the platform ("User Content"). By using the service, you grant us a limited, worldwide, royalty-free license to host, store, and display your User Content solely for the purpose of operating and providing the service to you.
5. Subscription and Billing
Certain features of the service are available on a subscription basis. You agree to pay all applicable fees as described on our pricing page. All fees are exclusive of taxes, which you are responsible for paying. Subscriptions automatically renew unless cancelled before the renewal date. Refunds are handled at our discretion in accordance with our refund policy.
6. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
7. Disclaimer of Warranties
The service is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or completely secure.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Smarter Launch Inc. and its directors, employees, partners, agents, suppliers, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, goodwill, or other intangible losses — resulting from your use of or inability to use the service, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or relating to these Terms or the service shall not exceed the greater of (a) the amount you paid us in the twelve months prior to the claim or (b) one hundred dollars ($100).
9. Indemnification
You agree to indemnify, defend, and hold harmless Smarter Launch Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the service, your violation of these Terms, or your violation of any third-party rights.
10. Termination
We may suspend or terminate your access to the service at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or the integrity of the service. Upon termination, your right to use the service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Maricopa County, Arizona for the resolution of any disputes.
12. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the "Last updated" date at the top of this page. Your continued use of the service after changes become effective constitutes your acceptance of the revised Terms.
13. Contact Us
If you have questions about these Terms, please contact us at legal@smarterlaunch.com.