Terms and conditions of use

The smartd.tech web site (the “Site”) is operated by SmartD Technologies Inc. Your use of the Site is subject to the following terms and conditions of use.

By accessing and using the Site, you acknowledge that you have read and understood these terms of use. If you do not agree to these terms of use, please do not access or use the Site.

To learn more about our privacy practices, please visit our privacy Center:
https://smartd.tech/your-privacy/

1.Rights on content

The copyrights, trademarks, trade names and all other rights in the content of the Site (including our products and services) are owned by us or are included on the Site with the permission of the owner of such rights. We reserve all such rights held by us or our licensors.

You may download, save, and print extracts from the Site for your personal reference only. You may not publish, retransmit, redistribute, modify, republish, or create derivative works from all or any part of the content of the Site, or use the Site for any commercial purpose without our prior written consent.

You may not use the information or other content on the Site (including downloadable content) other than for the purpose for which it is provided on the Site, which is to provide general information about us and our products and services.

2. Conditions of Use

You may only use the Site for lawful purposes. You may not use the Site in any way that violates any applicable local, national, or international law or regulation, or is in any way illegal or fraudulent.

You may not misuse the Site by knowingly introducing malicious software or other harmful or technologically harmful content. You must not attempt to gain unauthorized access to the Site, the server on which the Site is hosted, or any computer or database connected to the Site.

You may not include a link to the Site or display the content of the Site by framing or similar techniques without our express prior written consent.

3. Information, availability, and use

The content of the Site is provided for information purposes only and we recommend that you verify the accuracy of any information published on the Site before relying on it. We make no commitment to update or correct the information published on the Site and we expressly disclaim any obligation to update or correct the information published on the Site. We recommend that you do not consider this information to be accurate or up to date, except as of the date of publication.

The website may contain automatic links to other websites. We do not endorse or accept any responsibility for the content of any site linked from the Site, and we encourage you to read the terms of use of any third-party site before accessing or using it.

We may modify, suspend or discontinue access to the Site without notice. Errors, interruptions, and delays may occur in the accessibility of the site at any time. We accept no responsibility or liability arising from any inaccuracies or omissions in the information, interruptions in availability or damage to your computer system or any loss of data that results from downloading any material from the site. In no event will we be liable to you or any third party for any indirect or punitive damages, loss of profits or revenue, or any other special damages arising out of or in connection with the use of the site. Some jurisdictions, such as the province of Quebec, do not allow limitations on implied warranties or on consequential or punitive damages, so the above limitations may not apply to you.

We cannot guarantee that the Site is free from bugs or that your use of the Site will not damage the device from which you access it. You must ensure that you have the appropriate security and anti-malware equipment and measures in place before accessing and using the Site.

4. Purchase of products or services

Should you proceed with the purchase of products or services advertised on the Site, such purchase will be documented by a separate agreement and not by these Terms of Use.

Restrictions or prohibitions on the purchase or use of our products or services may apply in certain jurisdictions. It is not possible for us to check the laws of all jurisdictions in which our customers are located, and we accept no responsibility for any loss or liability suffered by our customers (or their customers) in connection with the purchase or use of our products and services. We advise you to check the applicable laws in your jurisdiction.

5. Modification of terms and conditions of use

We reserve the right, at our discretion, to modify these Terms of Use at any time. Please check these terms of use periodically for changes. In the event that a change to these Terms of Use materially affects your rights or obligations, we will use reasonable efforts to notify you. We may provide notice through a pop-up window or banner within the Site, by sending an e-mail to an address we have on file, or by other means. In addition, if the amended terms of use materially change your rights or obligations, we may decide to obtain your consent again in connection with the amended terms of use. If we ask you to accept amended terms of use, the amendments will only come into force after your acceptance. If you do not accept the modified terms of use, we may terminate your access to and use of the Site. All other modifications shall take effect upon publication of the modified terms of use. Disputes arising from these terms of use will be resolved in accordance with the version in force at the time the dispute arose.

6. Limitation of liability

The Site is provided “as is”. Accordingly, we exclude all representations, warranties, conditions, and terms (whether express, implied, statutory or otherwise) not expressly set out in these terms of use to the fullest extent permitted by law and we disclaim all implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Some jurisdictions, such as the province of Quebec, do not allow limitations on implied warranties, so the above limitations may not apply to you.

You agree that our total liability to you for all claims arising out of the use or inability to use the Site (including products available or purchased through the Site) or otherwise under these Terms of Use, whether in contract or tort, is limited to C$25.Some jurisdictions, such as Quebec, do not allow the exclusion or limitation of liability for consequential or punitive damages. Accordingly, these limitations may not apply to you.

 

7. Terms of Use for the SmartD Technical Support Portal (the “Support Portal”)

The following Terms of Use apply specifically to the Support Portal in addition to the other Terms and Conditions of Use listed on this page.

7.1 Eligibility

The Support Portal is intended for active users and resellers of SmartD products with valid Product warranties or Maintenance and Support Contract (see Terms and Conditions of Sale and Limited Equipment Warranty page).

If you do not meet these eligibility criteria, we reserve the right to ignore your Support request and/or terminate your Support Portal account.

7.2 Description of Services

The Support Portal provides technical assistance and support for SmartD products. It is not intended to provide sales or pre-sales support: please contact us through our form for this type of support. Indicatively, our support staff may:

  • provide general product information and provide installation and configuration support;
  • collect technical problem identification information to help you identify the problem (hardware, operating system, installation/configuration, documentation, program extension, software) and isolate Product defects from other types of technical problems;
  • define an action plan for Issue resolution;
  • resolve hardware, operating system, installation/configuration, and documentation problems; and
  • resolve lower and mid-complexity program extension (custom scripting) problems;
  • Develop patches, work-around, bug fixes and other SmartD Software modifications required to address or fix as soon as possible any priority SmartD Support Issues; and provide in as timely fashion as possible new releases to correct such Issues, and any less important errors, in order to restore full functionality to the Product, such that it performs as set forth in the User Guide.
  • Provide replacements for defective Products if required as described in the Limited Warranty, and ship said replacements to the purchaser.

Note that support is only offered for the current firmware release and for all preceding releases up to twelve (12) months prior.

Unless documented in a separate agreement, SmartD makes no warranty as to the timeliness of its responses, completeness of its responses or accuracy of its responses to support requests raised in the Support Portal.

7.3 Additional Conditions of Use

In addition to the Conditions of Use listed in 3, you agree to:

  • not impersonate any person or entity, or provide false information while using the portal;
  • maintain the confidentiality of any login credentials provided to you and to remain responsible for all activities that occur under your account.

7.4 Privacy Policy, User-Generated Content, and Feedback

The Support Portal is subject to our privacy practices as indicated in our Privacy Center.

Note however that if you submit any content to the Support Portal, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, reproduce, and distribute that content for the purpose of providing you with support services.

Furthermore, you may provide suggestions, comments, or other feedback (“Feedback”) to SmartD with respect to our Software and/or our Product through the Support Portal. By doing so, you understand and agree that:

(i) Feedback shall be given entirely voluntarily, and you are not required to provide such Feedback to SmartD;

(ii) You will not receive any payment or other compensation from SmartD in consideration of the Feedback; and

(iii) SmartD is under no obligation to use any Feedback you provided. Feedback, even if you designate it as confidential, will not create any confidentiality obligation for SmartD without a separate written agreement. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between you and SmartD, SmartD will be free to use, disclose, reproduce, license, or otherwise distribute, and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

7.5 Termination

We reserve the right to terminate your access to the Support Portal, with or without cause, at any time and without prior notice. You may also terminate your account at any time by following the steps directly in the Support Portal.

8. General

If at any time we should fail to require compliance with any portion of these Terms of Use, this will not prevent us from requiring you to do so in the future, nor will a waiver of any breach or default of these Terms of Use or of any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of enforcement of the provision itself.

If any part of these Terms of Use is found by a court or other competent authority to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the remainder of these Terms of Use.

We may assign, transfer or subcontract any of our rights or obligations under these Terms of Use to any third party. You may only assign or transfer your rights or obligations under these terms of use to a third party with our express written consent.

These Terms of Use shall be governed by the laws of Quebec, Canada, without regard to its conflict of law provisions. To the extent that any legal action or proceeding is permitted hereunder, any dispute arising out of or relating to these Terms of Use shall be subject to the non-exclusive jurisdiction of the courts located in the judicial district of Montreal, Canada.

Please do not hesitate to contact us if you have any questions or comments regarding these Terms of Use or the Site. Please send your e-mails to YourPrivacy@smartd.tech

or write to us at the address below (attention Simon Leblond)

SmartD Technologies Inc.
425 rue Guy, Suite 210
Montréal
Québec (Canada) H3J 1S9

YourPrivacy@smartd.tech 

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