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Terms and Conditions

Last updated: December 22, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

- Country refers to: United States

- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SMB Toolset.

- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

- Service refers to the Website.

- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

- Website refers to SMB Toolset, accessible from https://smbtoolset.com/

- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of SMB Toolset and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SMB Toolset.

User Reviews and Submissions

If You submit reviews, comments, or other content to our Service, You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.

You represent and warrant that You own or have the necessary rights to submit such content, and that the content does not infringe on any third party's rights.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service), even if the Company has been advised of the possibility of such damages.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. The Company makes no warranties, whether express, implied, statutory or otherwise, with respect to the Service.

Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions, including the Governing Law section above, affects your rights as a consumer to rely on such mandatory provisions of local law.

GDPR Compliance

For users in the European Union, we comply with the General Data Protection Regulation (GDPR). This means:

- We will only collect and process your personal data with your consent or when we have another valid legal basis

- You have the right to access, correct, or erase your personal data

- You have the right to data portability and to restrict or object to our processing of your personal data

- You have the right to withdraw your consent at any time

- You have the right to lodge a complaint with a supervisory authority

Cookie Policy for EU Users

For users in the European Union, we will obtain your consent before placing any non-essential cookies on your device. You can manage your cookie preferences at any time through our cookie settings.

United States Legal Compliance

California Residents' Rights (CCPA/CPRA)

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including:

- The right to know what personal information we collect and how we use it

- The right to delete your personal information

- The right to opt-out of the sale or sharing of your personal information

- The right to correct inaccurate personal information

- The right to limit the use of sensitive personal information

To exercise these rights, please contact us at privacy@smbtoolset.com.

Children's Privacy (COPPA)

Our Service does not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and discover that your child has provided us with personal information, please contact us immediately.

State-Specific Privacy Rights

Residents of Virginia, Colorado, Connecticut, Utah, and other states may have additional privacy rights under their respective state laws. Please refer to our Privacy Policy for more details.

Canadian Legal Compliance

If you are a Canadian user, you have rights under the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy laws. This includes:

- The right to access your personal information

- The right to withdraw consent

- The right to file a complaint with the Privacy Commissioner of Canada

Australian Legal Compliance

For Australian users, we comply with the Privacy Act 1988 and the Australian Privacy Principles (APPs). You have the right to:

- Access and correct your personal information

- Make a complaint about a breach of the APPs

- Opt-out of receiving direct marketing communications

Subscription Terms

If you choose a paid subscription to our Service:

- Subscription fees are billed in advance on a recurring basis

- You authorize us to charge your chosen payment method

- Subscriptions automatically renew unless cancelled before the renewal date

- You can cancel your subscription at any time through your account settings

- Refunds are handled according to our Refund Policy

Account Security

You are responsible for:

- Maintaining the confidentiality of your account credentials

- All activities that occur under your account

- Notifying us immediately of any unauthorized access

- Ensuring your account information is accurate and up-to-date

Service Modifications

We reserve the right to:

- Modify or discontinue any part of the Service without notice

- Change subscription fees upon reasonable notice

- Update these terms as needed with notification of material changes

Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control.

Accessibility

We are committed to making our Service accessible to users with disabilities and comply with applicable accessibility laws and guidelines.

API Usage and Rate Limiting

If you use our APIs:

- You must comply with our API documentation and guidelines

- We may set and enforce rate limits

- We may monitor API usage for security and performance

- API access may be revoked for violations of these terms

Third-Party Integrations

When using third-party integrations:

- You are subject to their terms and policies

- We are not responsible for their services or content

- We may modify or discontinue integration support

- Data sharing is governed by our Privacy Policy

Export Compliance

Our Service is subject to export control laws and regulations. You agree to comply with all such laws and regulations, including:

- U.S. Export Administration Regulations (EAR)

- International arms traffic regulations

- Sanctions and embargoes administered by the Office of Foreign Assets Control (OFAC)

You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at legal@smbtoolset.com.

Changes to These Terms and Conditions

We reserve the right to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: legal@smbtoolset.com