SMARTCERT
Terms of Service
Aramid Technologies Inc., creator of SmartCert, including any current or future affiliates and subsidiaries (collectively “SmartCert”) helps companies automate the exchange of quality documentation in global supply chains. We provide our services through use of our software and proprietary platform located at www.getsmartcert.com (the “Platform”), as well as our website located at www.smartcert.tech (the “Site”). These Terms of Service (the “Terms” or the “Agreement”) govern your use of and any access to the Site and the Platform (collectively, the “Services”), along with the Privacy Policy (accessible at https://www.smartcert.tech/privacy-policy/).
In these Terms, any use of the words “you,” “yours,” or similar expressions refers to users of our Site and our Services. References to “we,” “us,” “our” or similar expressions refer to SmartCert. By accessing or using our Services or Site, you are acknowledging that you have read, understood, and accept these Terms of Service and the Privacy Policy.
1. Access to Site and Services.
1. License. Subject to these Terms and the Privacy Policy, SmartCert grants you a temporary, limited, non-exclusive, revocable, non-transferable, and non-sublicenseable license to access those portions of the Services available to you based on your subscription level, whether free or paid. By agreeing to grant such access, SmartCert does not obligate itself to maintain the Services in its present form. SmartCert may upgrade, modify, change or enhance the Services at any time in SmartCert’ sole discretion. Free subscribers, currently called Starter account subscribers who do not subscribe as set forth in Section 2 have limited access to the Services.
2. Your Obligations. You agree to abide by any rules that SmartCert publishes with respect to use of the Services and any other current or future rules and regulations communicated to you either by posting such rules or regulations to the Site or delivered to you by e-mail. Any such rules or regulations are incorporated into these Terms. SmartCert reserves the right to deny you access to the Services if, in SmartCert’ sole discretion, you have failed to abide by these Terms and/or our Privacy Policy. You further agree you will comply with all applicable laws, rules, and regulations whether local, state, federal, or otherwise.
3. Security. You agree not to transfer or share your access or any login information, to or with any third-party. You are solely responsible for any authorized or unauthorized use of your username, password, and access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Services with your password. You agree to accept responsibility for all activities that occur under your account or password. SmartCert and its affiliates, reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders or subscriptions in its sole discretion.
4. Compatibility; Equipment. You are solely responsible for providing, maintaining, and ensuring compatibility with the Site and Platform including all hardware, electrical, and other physical requirements for your use of the Services, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs and similar services.
5. Authorization and Ownership. You represent and warrant that any information, data, documents, or any other content (“User Content”) that you choose to upload or otherwise provide to SmartCert in connection with the Services is either owned by you, or that you have the legal right to upload or provide such User Content to SmartCert. You also agree to indemnify, hold harmless, and defend SmartCert and its affiliates from and against any action, cause, claim, damage, demand, liability, or loss, including reasonable costs and attorneys’ fees, asserted by any person, arising out of, or relating to a claim that your upload or provision of User Content infringes or violates the rights of any third-party.
6. Accurate Information. You represent and warrant that all information and documents provided by you are accurate, truthful, and authentic.
7. Suspension. SmartCert may suspend your access to the Services at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Services, if you have failed to comply with any of the terms of these Terms, or if any information or documents provided by you are false, misleading, or deceptive.
2. Paid Accounts.
1. Subscriptions. Paid subscriptions to the Platform provide you with access to various levels of the Services depending on your subscription level. Subscriptions are not available to any individual under the age of 18. SmartCert may offer different types of subscriptions now or in the future with different levels of access, including to individuals, businesses, or other organizations. In order to receive the benefits of a paid subscription, you must timely pay all fees as set forth in Section 3.
2. Information Sharing & Communications. By creating an account, you authorize SmartCert to share information about you, your organization, and your use of the Platform with other users and third-parties, in accordance with our legitimate business purposes and/or in order to provide our Services. By subscribing, you are agreeing to receive communications regarding your Subscription or the Services from SmartCert and its service providers, including but not limited to messages sent by email, through the Platform, or via other notification methods.
3. Fees and Payment.
1. Fees. Unless expressly stated otherwise, your use of the Services will be subject to the pricing terms contained within the Quote provided to you by SmartCert (the “Fees”). We may offer different types of memberships, subscriptions, or access levels with different pricing formats and fees. You agree to pay all costs and fees for any Services that you purchase or request. All associated fees and fee waivers are subject to change at SmartCert’ sole discretion by providing notice to you at the e-mail address associated with your account. Any changes to Fees shall take effect thirty (30) days following the Effective Date of the revisions, unless a later date is provided by SmartCert.
2. Automatic Renewal. For subscriptions based on monthly or annual periods, such subscriptions will automatically renew either on a month-to-month or year-to-year basis, depending on the type of subscription offered by us and selected by you, unless you provide written notice of your desire not to renew no less than thirty (30) days prior to the expiration of your current subscription to legal@smartcert.tech.
3. Automatic Payments. All fees are charged automatically each subsequent month or year on the same purchase date (the “Renewal Date”). In the event the Renewal Date falls on a date which does not exist in a particular month (i.e., the 31st), the fee will be charged on the last calendar day of such month (i.e., the 30th, 29th, or 28th, as the case may be).
4. Method of Payment Required. SmartCert may require that you provide a method of payment as part of the registration process, which may include credit card, or other methods of payment identified by SmartCert during the registration process. By providing any method of payment, you represent and warrant that you are authorized to use such method of payment and that you will be billed the amount of money for your purchase. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- ACH
5. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
6. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site
7. You are solely responsible for any transaction fees, processing, fees, miner fees, or any other fees associated with your method of payment (“Transaction Fees”). SmartCert shall have the right to add Transaction Fees to any purchase price. You further agree to ensure your chosen method of payment remains valid and is sufficient to cover any ongoing, recurring, of future purchases. SmartCert reserves the right to reverse any purchase, cancel any membership, and void these Terms if your method of payment is insufficient and you fail to provide an alternative method of payment.
8. No Refunds. There are no refunds available for your purchase of any Services.
9. Suspension. If SmartCert is unable to charge you for any applicable Fees based upon the provided method of payment, SmartCert may suspend your access to all or any portion of the Services until all outstanding fees are paid in full.
4. Prohibited Use of Services.
You acknowledge and agree that you will not and cannot:
1. Make any commercial use of the Services beyond the license granted to you above in Section 1, including the Platform and Site, including but not limited to all content, descriptions, materials, or information comprising or related to the Services;
2. Reproduce, duplicate, copy, display, rent, sell, resell, or otherwise exploit the Services, or their contents, descriptions, materials, or information for any purpose without the express written consent of SmartCert;
3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from SmartCert, from the Services, or acquired in connection with the Services;
4. Use the Services in any manner that infringes upon or violates the copyright, patent, trademark, or trade secret rights of another party including, but not limited to, to upload, post, or transmit any content for commercial solicitation or political campaigning, any content that is harmful, threatening, abusive, harassing, vulgar, obscene, sexually explicit, profane, hateful, defamatory, libelous, invasive of the privacy of another, or unlawful, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, or is otherwise objectionable in the sole discretion of SmartCert; or
5. Upload, post, or transmit any viruses, trojan horses, or other malicious or harmful computer code or programs or otherwise use the Site, Platform, or the Services to intentionally or unintentionally violate any local, state, federal, or other law;
6. Engage in any other activity deemed by SmartCert, in SmartCert’ sole discretion, to be in conflict with the spirit or intent of these Terms or the Privacy Policy.
5. Revisions.
You agree that SmartCert may revise the Terms, the Polices and any rules, guidelines, or other Terms related to the Services from time to time, at SmartCert’ sole discretion. Such revisions shall become effective upon posting on any Site or providing a copy of the revised Terms to you via the e-mail listed for your account (the “Effective Date”). You acknowledge that it is your responsibility to review such e-mails or postings to review any revisions to the Terms. Any changes to Fees shall take effect thirty (30) days following the Effective Date of the revisions, unless a later date is provided for by SmartCert. Any changes to other fees or costs shall take immediate effect. You agree to be bound by the revised Terms. If you do not agree to the revised Terms, or any other revision, you may no longer access the Services, the Site, the Platform, or any App associated with the Services or SmartCert.
6. Ownership of Intellectual Property; Alleged Copyright Infringement.
1. Copyright Protected Works. All content contained on this Site, Platform, or related to the Services including, but not limited to, text, audio, video, photos, and other content is owned or licensed by SmartCert. You agree that you will not directly or indirectly copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content from the Services without the prior express written permission of SmartCert and any third party where applicable.
2. Trademarks. The trademarks, service marks, company names, logos, and related names and marks (the “Trademarks”) used and displayed with the Services are owned by SmartCert. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks without the express written permission of SmartCert.
3. No Transfer. Except for the limited license identified in Section 1, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any trademark, copyright protected work, or other intellectual property.
4. Digital Millennium Copyright Act (“DMCA”) Notice of Claimed Infringement. SmartCert respects the intellectual property rights of others and it is our policy to expeditiously process and review and notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to SmartCert Designated Agent at legal@smartcert.tech and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit SmartCert administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number and e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
5. DMCA Counter-Notice. If you believe any content or materials posted or uploaded by you were improperly removed or disabled, you may submit a Counter-Notification to SmartCert’s Designated Agent at legal@smartcert.tech with all of the following: (i) your signature (physical or electronic); (ii) a description of the work at issue; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address and telephone number, and a statement that you consent to jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
7. Disclaimers.
1. Availability of Services. You agree that from time to time the Services may be inaccessible or inoperable in whole or in part for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which SmartCert may undertake from time to time; or (iii) causes beyond the control of SmartCert or which are not reasonably foreseeable.
2. Website Disclaimer. The information provided by Aramid Technologies Inc (“we,” “us”, or “our”) on http://www.smartcert.tech (the “Site”) the Platform, and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR PLATFORM OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF OUR SERVICES AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK.
3. Testimonials Disclaimer. The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
4. SMARTCERT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. SMARTCERT DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE PLATFORM, OR AS PART OF THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE. SMARTCERT DOES NOT WARRANT THAT THE SITE, PLATFORM, OR THEIR SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SMARTCERT, NOR ANY OF ITS AFFILIATES WILL BE LIABLE UNDER THESE TERMS FOR (A) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTCERT’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO SMARTCERT HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
9. Indemnification.
You hereby agree to indemnify, defend, and hold harmless SmartCert and its respective affiliates, employees, agents, representatives, successors, and assigns from any and all liability, obligation, loss, damage, injury, penalty, action, judgment, suit, claim, cost, expense or disbursement of any kind and nature which may be imposed on, incurred by or served against SmartCert by any person or entity relating to, arising out of, or in connection with these Terms or any other policy, Terms, or action related to the Services including, but not limited to, the Terms.
10. Termination.
1. Term. These Terms of Service are effective upon your continued use or access to the Services, and shall continue in full force until terminated. The Terms shall automatically terminate if you delete your account in accordance with Section 10.2.
2. Termination by You. You may terminate your account governed by these Terms by sending an e-mail notification of your termination request to legal@smartcert.tech. Termination by you shall be effective thirty (30) days from the earlier of the date you provide such notice, or the date you choose to cancel your account through the “Account Management” page in the platform. Following account termination, any subscription or renewal fees paid by you shall not be refundable, regardless of whether such fees have been paid in monthly, annual, or other installments. SmartCert also reserves the right to charge for any requested post-termination services that you may request.Termination or Suspension by SmartCert. SmartCert may terminate these
3. Terms and/or suspend your access to the Services (a) for any reason whatsoever by providing you with thirty (30) days’ notice to the e-mail address on file with your account; (b) upon any breach of these Terms; (c) your failure to timely submit any required payment; or (d) if you take any actions or make any statements that SmartCert deems, in its sole discretion, to be threatening, dangerous, inappropriate, or otherwise pose any harm or risk to SmartCert, the Site, the Platform, or other users or participants in the Services.
11. User Submissions.
If you submit information or content to SmartCert, with or without a request from us, including, without exclusion, customer feedback, comments, content, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that SmartCert may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. SmartCert is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
12. Miscellaneous.
1. Waiver; Severability. No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of these Terms is determined to be illegal or unenforceable, then such provision shall be construed by modifying it to the minimum extent necessary to make it enforceable, unless such modification is not permitted by law, in which case that provision is to be disregarded and the other provisions will remain fully effective and enforceable.
2. Law; Forum. These Terms shall be governed and construed by the laws of the State of Illinois without reference to its conflicts of laws principles. All actions, claims or disputes arising under or relating to these Terms shall be brought in the federal or state courts located in Illinois. You irrevocably submit and consent to the venue in and the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Chicago, Illinois.
3. Entire Terms. These Terms constitutes the complete and exclusive statement of the Terms between you and SmartCert and supersedes any and all prior or communications, representations, statements and understandings, whether oral or written, between you and SmartCert.
13. Questions or Comments.
Should you have any questions or comments regarding these Terms, please contact us at legal@smartcert.tech or at:
Aramid Technologies Inc.
2200 E Williams Field Rd, Suite 200,
Suite 200
Gilbert, AZ 85295
United States
While we do not undertake any responsibility to respond to such inquiries or comments, we hope to respond promptly to any comments or concerns
