Terms of Service

Last modified: April 2024

1. Terms of Use

By using “Smart AI Mate” (“we,” “us” or “our”) software application, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use our apps. If you are using our products on behalf of an organization (such as your employer), you are agreeing to these Terms for that organization, and are indicating that you have the authority to bind that organization to these Terms. In that case,“you”and “your” will refer to that organization.

2. Auto Renewing Subscriptions

Smart AI Mate Apps on the Apple App Store, Google Play Store and Huawei App Gallery will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple, Google or Huawei). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google/Huawei). You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes, Android or Huawei account. The cancellation will take effect after the last day in the relevant subscription period. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store, the Google Play Store or the Huawei App Gallery).

Trial Periods

Certain of our subscription services on the Apple App Store, Google Play Store or the Huawei App Gallery may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes, Android or Huawei account.

3. General Prohibitions

You agree not to do—or attempt to do—any of the following:

l Probe, scan, or test the vulnerability of any Smart AI Mate system or network or breach any security or authentication measures;

l Access, tamper with, or use non-public areas of Smart AI Mate, Smart AI Mate’s computer systems, or the technical delivery systems of Smart AI Mate’s providers;

l Decipher, decompile, disassemble or reverse engineer any of the software used to provide Smart AI Mate;

l Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing Smart AI Mate;

l Access or search Smart AI Mate or download any intellectual property from Smart AI Mate through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than our publicly supported interfaces;

l Plant malware or use Smart AI Mate to distribute malware;

l Send any unsolicited communications, promotions, advertisements or spam;

l Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;

l Post or transmit anything that is fraudulent or misleading, or that infringes on others’ rights;

l Impersonate or misrepresent your affiliation with any person or entity;

l Violate the privacy of others;

l Violate any applicable law or regulation; or

l Encourage or enable any other individual to do any of the above.

Although we’re not obligated to monitor access to or use of Smart AI Mate or your content or to review or edit any of your content or the intellectual property of other Smart AI Mate users, we have the right to do so for the purpose of operating Smart AI Mate, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any of your content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of your content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects Smart AI Mate. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

4. DMCA/Copyright Policy

We respect copyright law and expect you to do the same. It’s our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

5. Termination

We may suspend Smart AI Mate or terminate your access to and use of Smart AI Mate, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use Smart AI Mate in any way that would cause us legal liability or disrupt others’ use of Smart AI Mate. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

6. No Warranties

The app 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, Smart AI Mate, 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 the app, 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, Smart AI Mate provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, , 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.

7. Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Smart AI Mate and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app.

To the maximum extent permitted by applicable law, in no event shall Smart AI Mate or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if Smart AI Mate or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.