Version: 2.4
Last updated: 26 March 2026
THESE TERMS OF USE (THE “TERMS”) APPLY AND GOVERN YOUR USE OF SMARTYME. BY CLICKING “START NOW” BUTTON OR PROCEEDING THROUGH ANY SCREEN, FEATURE, OR BUTTON WHICH DIRECTLY REFERS TO THESE TERMS AND TO THE RESPECTIVE CONSENT RESULTING FROM PROCEEDING SO, YOU CONFIRM THAT YOU AGREE TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, THE ONLY REMEDY IS TO DISCONTINUE USE OF SMARTYME.
THIS IS A PAID SUBSCRIPTION SERVICE WHICH AUTOMATICALLY RENEWS. BEFORE AUTHORIZING ANY PURCHASE OF OUR SERVICE, PLEASE CAREFULLY READ THESE TERMS (IN PARTICULAR, SECTION 4) AND THE DISCLAIMERS ACCOMPANYING PURCHASE PAGES AND BUTTONS WITHIN THE SERVICE, TO GRAB THE ESSENCE OF:
● WHAT SERVICE YOU ARE PURCHASING / SUBSCRIBING TO;
● AT WHICH COST;
● FOR WHICH PERIOD;
● THE WAYS TO CANCEL YOUR SUBSCRIPTION OR TRIAL ACCESS; AND
● YOUR REFUND OPTIONS.
SMARTYME IS NOT INTENDED FOR INDIVIDUALS UNDER THE AGE OF 18. IF YOU DON’T MEET THIS QUALIFICATION, PLEASE DO NOT USE OUR SERVICE.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT REQUIRES DISPUTES RELATED TO YOUR USE OF SMARTYME TO BE RESOLVED IN ARBITRATION (NOT IN COURT) ON AN INDIVIDUAL BASIS (NOT THROUGH CLASS ACTION OF ANY KIND). IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT. ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES RELATED TO YOUR USE OF SMARTYME AND IS MANDATORY, WITH A FEW EXCEPTIONS SPECIFIED IN SECTION 10 (FOR EXAMPLE, YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AGREEMENT, INCLUDING CLASS ACTION WAIVER, WITHIN 30 DAYS OF ACCEPTING THESE TERMS).
ANY QUESTIONS ABOUT SMARTYME? CONTACT US AT support@smartymeapp.com.
Table of Contents:
4. PURCHASES & CANCELLATIONS & REFUNDS
8. OUR RIGHT TO SUSPEND YOUR ACCESS
1.1. SMARTYME is a microlearning, subscription-based service accessible via the website https://smartymeapp.com (the “Website”) and via the related mobile application distributed on the Apple and Google App Stores (the “App”), including all related services, software, designs, graphics, photos, images, illustrations, animations, videos, scripts, texts, music, sounds, voiceover, interactive features and all other content (the “Content”), collectively referred to as the “Service” or “SmartyMe”.
The Service is designed by APEXTECH LIMITED, with registered address located at: Kinyra, 1 KINYRAS TOWER, 3rd floor, Flat/Office 301 Agios Andreas, 1102, Nicosia, Cyprus, and registration number: ΗΕ 458702 (the “Company”, along with “we”, “us”, “our”, and “ourselves”). For consistency, “user”, “consumer”, along with "you" and “your”, refers to any person who agrees to be bound by these Terms, as described herein.
The Service may also be distributed to you by our authorized merchants of record or agents:
In case the Service is distributed to you by any of our authorized merchants of record or agents mentioned above, then for the purposes of these Terms the term "Company" shall include any of such authorized merchants of record or agents (as applicable), and the reference to the Company (along with “we”, “us”, “our”, and “ourselves”) shall be construed also as a reference to such authorized merchant of record or agent that you purchased the Service from.
1.2. Your use of the Service is limited to your personal, non-commercial use only. We grant you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right to access and use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service, except where permitted by applicable law.
2.1. RESULTS VARY BY INDIVIDUAL
WE DO NOT GUARANTEE ANY SPECIFIC LEVEL OF KNOWLEDGE, SUCCESS, INCOME, FINANCIAL RESULTS, OR CAREER OUTCOMES. INDIVIDUAL RESULTS DEPEND ON MANY FACTORS, INCLUDING PERSONAL CIRCUMSTANCES, UNIQUE STARTING POINT, EFFORT, BACKGROUND, EXPERIENCE, MOTIVATION, DEDICATION, DESIRE, LOCATION AND MARKET CONDITIONS.
2.2. CERTIFICATES ARE NOT ACADEMIC QUALIFICATIONS
ANY CERTIFICATE ISSUED UPON COMPLETION OF COURSES WITHIN THE SERVICE IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. SUCH CERTIFICATES CONFIRM COURSE COMPLETION AND DO NOT CONSTITUTE AN ACCREDITED ACADEMIC DEGREE, PROFESSIONAL LICENSE, OR FORMAL QUALIFICATION, UNLESS EXPLICITLY STATED OTHERWISE. THE ISSUANCE OF A CERTIFICATE DOES NOT GUARANTEE PROFESSIONAL COMPETENCY, EMPLOYMENT, OR CAREER ADVANCEMENT.
2.3. WE DO NOT PROVIDE ANY MEDICAL ADVICE
WE DO NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE OR OTHER HEALTHCARE SERVICE. IF YOU HAVE ANY PROBLEM WITH YOUR HEALTH, YOU SHALL VISIT, CALL OR CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONALS.
2.4. USE AT YOUR SOLE RISK, ON AN "AS IS" BASIS
THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Service. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
2.5. YOU ARE RESPONSIBLE FOR PROVIDING ACCURATE INFORMATION
TO CREATE YOUR PLAN, WE MAY ASK YOU TO SUPPLY CERTAIN RELEVANT INFORMATION (E.G., WHY YOU WANT TO STUDY CERTAIN TOPIC, WHEN IT IS CONVENIENT FOR YOU TO STUDY, WHETHER YOU HAVE STUDIED THIS TOPIC BEFORE, HOW YOU BEST ABSORB NEW INFORMATION, ETC). THIS QUIZ IS REFERRED TO AS THE "ONBOARDING PROCESS" IN THESE TERMS. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL INFORMATION PROVIDED BY YOU DURING THE ONBOARDING PROCESS IS TRUE AND ACCURATE. IN THE EVENT YOU PROVIDE US WITH INACCURATE OR INCOMPLETE DATA DURING THE ONBOARDING PROCESS, WE ARE NOT RESPONSIBLE FOR ANY OUTCOMES, IN PARTICULAR, THE SUITABILITY OF THE PLAN CREATED FOR YOU.
2.6. YOU SHOULD HAVE RIGHTS TO CONTENT YOU SUBMIT
BY SUBMITTING ANY USER-GENERATED CONTENT TO THE SERVICE (E.G., DATA, PHOTOS, TEXT MESSAGES, AND OTHER INFORMATION), YOU CONFIRM THAT YOU OWN, OR OTHERWISE HAVE ALL NECESSARY RIGHTS, PERMISSIONS, AND AUTHORITY TO SUBMIT SUCH CONTENT. YOU GRANT US A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, SUBLICENSABLE, AND TRANSFERABLE LICENSE TO USE, STORE, REPRODUCE, DISTRIBUTE, AND OTHERWISE PROCESS SUCH CONTENT. YOU AGREE NOT TO POST, UPLOAD, OR OTHERWISE SUBMIT ANY USER-GENERATED CONTENT THAT VIOLATES THESE TERMS, INFRINGES THE RIGHTS OF ANY THIRD PARTY, OR IS ILLEGAL OR OTHERWISE CONTRARY TO APPLICABLE LAW.
2.7. OUR RIGHTS TO USE YOUR FEEDBACK
YOU MAY, AT YOUR SOLE DISCRETION, PROVIDE YOUR INPUT IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, COMMENTS OR SUGGESTIONS REGARDING GENERAL USER EXPERIENCE, MODIFICATION, CORRECTION, IMPROVEMENT, OR ENHANCEMENT OF THE SERVICE (COLLECTIVELY, “FEEDBACK”). BY PROVIDING ANY FEEDBACK, YOU GRANT US A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, SUBLICENSABLE, AND TRANSFERABLE LICENSE TO USE, STORE, REPRODUCE, PUBLICLY DISPLAY, DISTRIBUTE, AND OTHERWISE PROCESS SUCH FEEDBACK, WITHOUT RESTRICTIONS.
2.8. WE OFFER ORIGINAL EXPRESSION OF KEY INSIGHTS FROM BOOKS
OUR SERVICE MAY OFFER INDEPENDENT AND ORIGINAL EXPRESSION OF KEY INSIGHTS FROM BOOKS. THESE SUMMARIES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES AND DO NOT SERVE AS REPLACEMENTS FOR THE ORIGINAL WORKS. FOR A FULL UNDERSTANDING, WE ENCOURAGE READING THE COMPLETE TEXTS. THE BOOK’S TITLE AND HEADINGS (IF ANY) ARE USED FOR NAVIGATIONAL PURPOSES AND DO NOT INTEND TO REPLICATE THE STRUCTURE OF THE ORIGINAL BOOK. ANY IDEAS DESCRIBED WITHIN THE PARTICULAR SUMMARY ARE THE RESPECTIVE AUTHOR’S PERSONAL THOUGHTS AND NOT OURS. WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE BY FOLLOWING THE ADVICE AND STRATEGIES CONTAINED IN PARTICULAR BOOK SUMMARY, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL.
2.9. MENTIONED AUTHORS & THIRD-PARTY BRANDS DO NOT ENDORSE OUR SERVICE
NONE OF THE MENTIONED IN THE SERVICE AUTHORS ENDORSES OR SPONSORS THE SERVICE OR ANY OF OUR COMMERCIAL ACTIVITY. BOOK SUMMARY DOES NOT CONSTITUTE AN ENDORSEMENT BY US ANY OF THE MENTIONED IN THE SERVICE AUTHORS. PRODUCT NAMES AND LOGOS THAT APPEAR IN THE SERVICE BELONG TO THEIR RESPECTIVE OWNERS. THEIR APPEARANCE DOES NOT IMPLY ENDORSEMENT OR AFFILIATION AND IS FOR REFERENCE AND EDUCATIONAL PURPOSES ONLY.
2.10. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES
THE SERVICE MAY CONTAIN LINKS TO THIRD PARTIES AND/OR THIRD-PARTY WEBSITES. WE DISCLAIM ANY RESPONSIBILITY FOR THE PRODUCTS, SERVICES, OR CONTENT OFFERED BY ANY THIRD PARTY (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK USERS TO SUCH THIRD PARTIES AND/OR THEIR WEBSITES OR RECEIVE ANY COMPENSATION FOR SUCH LINKING OR PROMOTION).
2.11. RESERVATION OF RIGHTS
THE SERVICE INCLUDING ANY SOFTWARE, DESIGNS, GRAPHICS, PHOTOS, VIDEOS, SCRIPTS, TEXTS, MUSIC, SOUNDS, AND VOICEOVER, IS OUR INTELLECTUAL PROPERTY, PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS GLOBALLY. ALL TRADEMARKS, SERVICE MARKS, GRAPHICS, AND LOGOS USED IN CONNECTION WITH THE SERVICE ARE TRADEMARKS OR REGISTERED TRADEMARKS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THESE TERMS DO NOT GRANT YOU ANY RIGHT, TITLE, OR INTEREST IN THE SERVICE OR IN ANY TRADEMARKS, WHETHER REGISTERED OR NOT. ALL INTELLECTUAL PROPERTY RIGHTS, TITLE, AND INTEREST IN RELATION TO THE SERVICE WILL (AS BETWEEN THE PARTIES) REMAIN WITH US.
2.12. ENGLISH TEXT OF THE TERMS PREVAILS
THESE TERMS WERE ORIGINALLY WRITTEN IN THE ENGLISH LANGUAGE. IF AN INTERPRETATION OF A TRANSLATED VERSION OF THE TERMS CONFLICTS WITH THE ENGLISH VERSION MEANING, THE ENGLISH VERSION SHALL PREVAIL.
3.1. In order to use the Service, you need to register your user account. During the registration, you agree to include true and accurate information, and not to misrepresent your identity by registering an account in the name of another person.
3.2. You should keep your user account information accurate and up-to-date (particularly your email address - if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in).
3.3. You acknowledge that you are solely responsible for maintaining the confidentiality of your user account information, as well as for all activities that occur under your user account. We endeavor to use reasonable security measures to protect against unauthorized access to your user account. We cannot, however, guarantee the absolute security of your user account and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Service. You agree to immediately notify the Company of any unauthorized use of your user account or any other breach of security.
4.1. Our Service may be purchased via the following means: (a) directly on the Website (the “Web Purchase”) or (b) via the Apple or Google App Stores (the “In-App Purchase”). All applicable fees will be provided to you on the payment screen before you authorize any payment within the Service. Some limited part of the Service may be made available to you free of charge.
4.2. WEB PURCHASE
Once you have completed the onboarding process on the Website, you will be given the option to purchase a SmartyMe subscription with an indication of subscription fees, subscription terms, and periodicity (e.g., 1-week, 4-weeks, 12-weeks, 1-month, 3-months, 6-months, 1-year, etc.), and available payment methods (e.g., Mastercard or Visa Bank Card, PayPal, Apple Pay, Google Pay, etc). In order to make the Web Purchase, you need to choose the respective purchase option and authorize a corresponding payment on the payment screen. Please note that to process the payment we use third-party services (payment processors), whom you authorize to charge the applicable fees from you according to the payment method you have chosen. Such services enable the transaction initiated by you and notify us of its completion. Your bank card information will be encrypted at the point of transaction. We will send you direct instructions on how to access the purchased Service promptly after your transaction is successfully validated by our servers, using your email address indicated during the onboarding process.
Subscription is charged and renews automatically at the end of each subscription period (each 1-week, 4 weeks, 12 weeks, 1 month, 3 months, 6 months, 1 year, depending on the option selected by you at the time of purchase) until you cancel it. To avoid being charged, you must affirmatively cancel your subscription at least 24 hours before the end of the current subscription period.
You may also be offered trial access to SmartyMe (granting you paid or free access to the Service or a part of it for a specified period, as described on the payment screen). Once your trial access ends and unless you cancel it, you will be automatically charged for the subscription plan selected when signing up for the trial offer. To avoid being charged, you must affirmatively cancel your trial access at least 24 hours before its end.
IN ORDER TO CANCEL YOUR TRIAL OR SUBSCRIPTION RECEIVED OR PURCHASED DIRECTLY ON THE WEBSITE, YOU CAN:
DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS OR TRIALS.
In addition to the purchased subscription, the Website may offer you add-on items for an additional fee, either one-off or recurrent. This purchase is optional: your subscription is not conditional on such a purchase. In case you purchased add-on items with recurrent billing, the cancellation of the original subscription leads to the cancellation of recurrent payments for add-on items as well. The cancellation of only the recurrent payments for add-on items will not affect the original subscription.
You agree that you have been provided with comprehensive information about your Web Purchase (including subscription fees, subscription terms, periodicity, and auto-renewal) before authorizing it, and by authorizing your Web Purchase you signal to us that you have understood its conditions and agree to them. At that, unless otherwise stated in these Terms or is required by applicable law, your Web Purchase is final, non-refundable and/or non-exchangeable.
30-Day Money-Back Guarantee:
Notwithstanding the foregoing, you may be eligible to receive a refund of the first subscription payment in case you did not get any noticeable progress after gradually using SmartyMe. To be eligible for such a refund, the following conditions should be met:
● You have been using SmartyMe for at least 150 minutes per month within your purchased subscription, and we are able to see such minimum activity within your SmartyMe account in our tracking systems; and
● You contacted us within 30 (thirty) calendar days as of the purchase date (where the purchase date shall be understood as the date of validation of your first subscription payment by our servers).
All refunds will be calculated according to the actual Web Purchase price paid at the time of Web Purchase. Please note that returns for credit and debit card transactions are issued within 2 (two) business days, however it may take up to 10 (ten) business days for the credit to arrive at your credit card or bank account.
If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.
Right of Withdrawal:
If you are based in the UK, EEA or Switzerland, you have the right to withdraw from your contract with us within 14 days from the day you entered into the contract and enrolled into your SmartyMe subscription.
To exercise your right of withdrawal, you must notify us of your decision to withdraw by:
You may use the Sample Form below, but this is not mandatory. It is sufficient that you send us your withdrawal notice before the 14-day withdrawal period expires. For subscriptions that include a free trial period, such period is included in and counts toward the 14-day withdrawal period.
If you validly exercise your right of withdrawal, we will refund all payments received from you using the same payment method used for the original transaction.
PLEASE NOTE: When you make a purchase of a single item of digital content (such as a pdf file), you expressly agree that such content is made available to you immediately and you, therefore, lose your right of withdrawal and will not be eligible for a refund.
____________________________________________________________________________________
Sample Form
Addressee:
APEXTECH LIMITED
Kinyra, 1 KINYRAS TOWER
3rd floor, Flat/Office 301
Agios Andreas, 1102
Nicosia, Cyprus
I hereby declare that I withdraw from my contract for the SmartyMe subscription and request that you process a full refund to my original payment method.
Subscription purchase date:
Customer’s email address used during the registration process:
Customer signature (only if this form is sent in paper form)
Date:
____________________________________________________________________________________
4.3. IN-APP PURCHASE
The App is free to download. Once you have completed the onboarding process within the App, you will be given the option to purchase a SmartyMe subscription with an indication of subscription fees, subscription terms, and periodicity (e.g., 1-week, 4-weeks, 12-weeks, 1-month, 3-months, 6-months, 1-year, etc). In order to make the In-App Purchase, you need to choose the respective purchase option and authorize a corresponding payment on the payment screen. Your payment will be processed by the Apple or Google App Stores, and you authorize them to charge the applicable fees from you according to the payment method that you submitted to them. You will be granted access to the Service promptly after your transaction’s success is properly validated by the Apple or Google App Stores.
Subscription is charged and renews automatically at the end of each subscription period (each 1-week, 4-weeks, 12-weeks, 1month, 3 months, 6 months, 1 year, depending on the option selected by you at the time of purchase) until you cancel it. To avoid being charged, you must affirmatively cancel your subscription at least 24 hours before the end of the current subscription period.
You may also be offered trial access to SmartyMe (granting you paid or free access to the Service or a part of it for a specified period, as described on the payment screen). Once your trial access ends and unless you cancel it, you will be automatically charged for the subscription plan selected when signing up for the trial offer. To avoid being charged, you must affirmatively cancel your trial access at least 24 hours before its end.
IN ORDER TO CANCEL YOUR TRIAL OR SUBSCRIPTION RECEIVED OR PURCHASED VIA THE APPLE OR GOOGLE APP STORES, PLEASE FOLLOW THE RESPECTIVE GUIDE FROM APPLE OR GUIDE FROM GOOGLE.
DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS OR TRIALS.
In addition to the purchased subscription, the App may offer you add-on items for an additional fee, either one-off or recurrent. This purchase is optional: your subscription is not conditional on such a purchase. In case you purchased add-on items with recurrent billing, the cancellation of the original subscription leads to the cancellation of recurrent payments for add-on items as well. The cancellation of only the recurrent payments for add-on items will not affect the original subscription.
You agree that we cannot refund you any In-App Purchase, since these transactions are processed by the Apple or Google App Stores. However, you may ask for a refund according to these stores’ refund policies: Request a refund on Apple App Store or Request a refund on Google Play Market.
4.4. FEE CHANGES
To the extent permitted by applicable law, we may change subscription fees at any time (which changes will become effective upon your next renewal). We will give you a reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification. If you do not agree to the price change, you must cancel the applicable subscription prior to the change going into effect.
4.5. FREE ACCESS TO FEATURES
Users may have access to certain SmartyMe features for free. However, these free features may be withdrawn without further notice.
5.1. As a user of the Service, you agree not to use the Service:
● for any commercial purpose;
● for creating any other service (including those which are competitive with SmartyMe);
● in any fraudulent, criminal, or unlawful manner;
● in any other way that violates these Terms.
5.2. As a user of the Service, you also agree not to:
● make any modification, adaptation, improvement, translation, or derivative work from the Service;
● decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
● circumvent, disable, or otherwise interfere with security-related features of the Service;
● attempt to bypass any measures of the Service designed to prevent or restrict access to the Service;
● take any action that may interfere with, disrupt, or create an undue burden on the Service; and/or
● take any action that may disparage, tarnish, or otherwise harm us and/or the Service.
5.3. Many countries periodically impose restrictions on dealings with certain territories, regimes, or persons that pose a threat to international peace and security or are otherwise targeted. By using the Service, you confirm that you are neither a resident of, nor located at, any territory currently embargoed by the United Nations, the European Union, the United Kingdom, or the United States, and that you are not otherwise restricted from using the Service. You also agree that you will not use the Service for any purposes prohibited by applicable law. In particular, but without limitation, you may not export, or permit the export of, the Service to any of the embargoed territories, and to anyone otherwise restricted from using the Service. You understand and agree that we may modify, limit, or disable your access to the Service at any time to comply with applicable law. In particular, but without limitation, you agree that the Service available to you in your home country may not be available to you when traveling outside of your home country, and the Service may also cease to be available in your home country, as a result of the above.
6.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SMARTYME NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), SERVICE / PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMARTYME OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6.2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL SMARTYME’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SMARTYME FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SMARTYME AS APPLICABLE.
6.3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMARTYME AND YOU.
7.1. You hereby agree to indemnify and hold SmartyMe, any of its officers, directors, employees and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of SmartyMe or (b) your violation of these Terms.
8.1. Termination without prior notice:
We may cancel your subscription or trial access to the Service (as well as terminate your user account) immediately under any of the following circumstances:
You shall not be eligible for any refund options in this case.
8.2. Termination upon prior notice:
We may decide to stop supporting or offering the Service, or to terminate or refuse to renew your subscription. We may do this at any time and at our own discretion, by notifying you accordingly (by email or through the Service). In such case, we will either allow you to continue accessing the Service until the end of your then-current paid subscription period or trial (at which point these Terms will automatically terminate on such date), or will refund you the pro rata portion of the prepaid amounts corresponding to the remaining period of your then-current paid subscription (in which case these Terms will terminate upon the date of such refund). Once these Terms are terminated, we may terminate your user account as well.
9.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of the Republic of Cyprus, without regard to Cyprus's choice or conflicts of law principles. In addition, if you reside in the United States or the European Union, or the United Kingdom, the law of your place of residence may also be applicable where such law contains mandatory consumer law provisions.
10.1. We are always interested in resolving disputes amicably and efficiently. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us on support@smartymeapp.com and provide a brief, written description of the dispute. We will use our best efforts to settle any dispute, question, or disagreement directly through negotiations.
10.2. ARBITRATION AGREEMENT
PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY, SINCE IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and the Company agree that any dispute, claim, or controversy between you and the Company arising in connection with or relating in any way to these Terms or to your relationship with the Company as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. YOU AND THE COMPANY THUS GIVE UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT OR FOR PROTECTION OF THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS OR WHEN YOU USED YOUR 30-DAY RIGHT TO OPT-OUT OF THE ARBITRATION AGREEMENT, AS SET FORTH BELOW). This Arbitration Agreement shall survive termination of these Terms.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
The Company retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of its intellectual property rights.
You have the right to opt-out and not be bound by this Arbitration Agreement (including class action waiver provisions) by sending written notice of your decision to opt-out to our email support@smartymeapp.com or registered address, within 30 days of accepting these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms.
Overview. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. The arbitrator is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
Rules. Any arbitration between you and the Company will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") in force at the time of initiating the arbitration ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at www.adr.org, or you may call the AAA at 1-800-778-7879.
Commencing an Arbitration. Either you or we may start arbitration proceedings. If you elect to seek arbitration, you must first send to the Company a written Notice of your claim (“Notice”). The Notice to the Company should be sent by electronic or certified mail (Attention: Legal Counsel) to our email support@smartymeapp.com or registered address. If the Company initiates arbitration, it will send a written Notice to the email address used for your account or to your other available contact means. A Notice, whether sent by you or by the Company must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. Your claim may be filed either (a) by mail to the mailing address of the AAA’s Case Filing Services, which may be subject to change from time to time; or (b) online using the online form available at www.adr.org; or (c) at any of the AAA’s offices. Once your claim is filed, the relevant feedback and instructions from the AAA will follow in due course.
Fees. If you choose to file an arbitration proceeding and you are required to pay a filing fee, the Company will reimburse you for that filing fee, unless your claim is for greater than the US $10,000 or the arbitrator determines your claim is filed for purposes of harassment or is patently frivolous, in which event you will be responsible for filing fees. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Notwithstanding the above, the parties shall be responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
Documents-only procedure, videoconference. Where no disclosed claims or counterclaims exceed the US $25,000, the dispute shall be resolved according to the procedures for the resolution of disputes through document submission (the parties submit their arguments and evidence to the arbitrator in writing; the arbitrator then makes an award based only on the documents; no in-person or telephone hearing is held), unless a party asks for a hearing or the arbitrator decides that a hearing is necessary. Other arbitration hearings will be conducted by videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.
Language. The language of the arbitration shall be English.
Decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Timeline of Arbitration. The award shall be issued promptly by the arbitrator and, unless the parties agree differently or the law indicates a different time frame, no later than 30 calendar days from the date the hearing is closed, or, if the case is a documents-only procedure, 14 calendar days from the date the arbitrator set for his or her receipt of the final statements and proofs.
No class or Representative Proceedings; Class action waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons on a need to know basis only or as required by applicable law.
You and the Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. If this Arbitration Agreement is invalidated in whole or in part, the parties agree that any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement, will be resolved by a competent court, determined according to applicable law, as set forth in the Section “Applicable Law”.
11.1. We may make changes to these Terms from time to time by notifying you in advance of such changes by any reasonable means, including by posting the updated Terms within the Service (provided that, for material changes, we will seek to supplement such notice by an in-app pop-up message and/or an email). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes.
11.2. From time to time we may automatically update the Service to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to update the Service for these reasons. If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using the Service.
11.3. If any provision (part of a provision) of these Terms is held by an arbitrator or a court of competent jurisdiction to be illegal, invalid, or unenforceable, then such provision (part of the provision) shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.
11.4. Any provision of these Terms necessary for their interpretation or enforcement shall survive their termination (expiration).