Terms of Service

First of all, thank you for choosing SmartStat!

Thank you for choosing SmartStat! SmartStat and it’s services (“Service”) is provided by SmartStat, LLC. (“SmartStat”). By using our Service, you are agreeing to these Terms of Service (“Terms”). Using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of the Organization. In that case, “you” and “your” may refer to the Organization. Please read these terms carefully before start using our Service.

Change of Terms of Service

From time to time, SmartStat may modify existing terms and/or update these terms with additional terms that apply to the Service. For example, SmartStat may modify existing terms to reflect any mandatory changes to the law. You should check the terms regularly to stay informed. SmartStat will also post notice of modification to these Terms on this page or via the email address you registered with us. Note, changes will not apply retroactively and will become effective thirty (30) days after they are posted on our website. Changes addressing new functions for the Service or changes made for legal reasons may be effective immediately. You should discontinue your use of our Service if you do not agree with updated/modified Terms.

Privacy Protection

SmartStat’s Privacy Policy explains how we treat your personal data and protect your privacy while using our Service. By using our Service, you automatically agree to our privacy policies and SmartStat can use such data in accordance with its privacy policies.

Your Content in Our Service

Our service allows you to upload, download and store content, including but not limited to, information, text, graphics, videos, audios, or other material (“Content”). You retain ownership of any intellectual property rights that you hold in that Content. When you upload, store, send or receive Content to or through our Service, you give SmartStat and its service partners a worldwide license to host, store, upload and download this Content and only for the purpose of providing Service strictly to you and your use of the Content. We reserve our right at all times, but are not obligated, to remove or refuse to distribute any Content through the Service including your Content.

Software in Our Service

When the Service requires or includes downloadable software, this software may update automatically on your device once a new version or features become available to you. Some platforms may let you adjust your automatic update settings.

SmartStat gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided by SmartStat as part of the Service. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of the software, unless local laws prohibit those restrictions, or you have our written permission.

Modifying and Terminating Our Service

SmartStat may add or remove functionalities or features in the normal course of improving, changing, and/or updating the Service. We may also suspend or stop our Service with at least thirty (30) days notice prior to the complete shutdown of our Service. Accounts with active subscriptions will be able to finish their purchased subscription.

You can choose to stop using our Service at will. We may also stop providing Service to you, or add or create new limitations to our Service at any time as detailed in the Terms.

API

You may access your Service data via the Application Program Interface (“API”). By using API, you are automatically bound by the Terms.

Using Our Service

You must follow any policies made available to you within the Service. You may only use our Service as permitted by law. SmartStat may investigate and/or suspend or terminate our Service to you at any time if we find your use of our Service violates the Terms and/or any policies.

Using our Service does not grant you ownership of any intellectual property rights in our Service or the content you may have access to. You may not use any copyrighted content in our Service unless you obtain permission from the content owner and/or are otherwise permitted by law. The Terms do not grant you the right to use any branding or logos used in our Service. Our Service may display some logos, trademarks, or branding materials that is not the property of SmartStat. These types of content are the sole responsibility of the entity that makes it available.

You must not abuse and/or misuse our Service, including but not limited to, doing the following things:

  1. Using the Service for any unlawful purposes or activities;
  2. Uploading any content to the Service in violation of any applicable law, including but not limited to, intellectual property laws and publicity laws;
  3. Sending unsolicited promotions or advertisements;
  4. Accessing or tampering with the Service’s server systems;
  5. Interfering with or disrupting the access of any user, host, or network;
  6. Abusing or submitting excessively frequent requests to the Service via the API.

SmartStat, in its sole discretion, will determine abuse and/or misuse of our Service.

Subscription and Payments

SmartStat Billing

All SmartStat accounts require an active subscription, either free or paid (“Subscription”) to access your account and content. Each payment for each pro team will be billed on the 5th of every month. You can view your total monthly billing and information under your billing and subscriptions tab under settings.

All new or recently expired accounts are automatically given a free subscription. If you decide to upgrade or renew a paid subscription anytime after the 5th, our system will automatically prorate your amount until the next billing cycle. You will be charged with the amount shown on Checkout before you can access the paid subscription. All prices shown on Pricing are inclusive of any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.

Canceling a paid subscription will give you access to the paid services until they expire on the 5th. Cancelling does not give you a refund. See our refund policy below. Once a paid subscription expires, it will automatically be changed to a free subscription. Transferring a paid subscription from one team to another or from one account to another is not permitted.

BY PURCHASING PAID SUBSCRIPTION YOU EXPRESSLY UNDERSTAND AND AGREE TO OUR REFUND POLICY:

WITHIN THIRTY (30) DAYS OF YOUR FIRST PAYMENT DATE AS SHOWN ON YOUR PAYMENT BILL, YOU CAN REQUEST A FULL REFUND BY CONTACTING US. NO REFUND OF ANY KIND WILL BE PERMITTED AFTER THIRTY (30) DAYS OF YOUR PAYMENT DATE.

Device Billing

If you are using another SmartStat service that uses your devices payment system such as In-App Purchases, you will be charged the amount displayed in the app. If you are purchasing a subscription, you will continue to be billed automatically by the system you subscribed to (IE. Apple App Store or Google Play Store). If you purchased a single use item (IE. Pay-As-You-Go), you will be billed a single time for each occurrence. To cancel a subscription, you must follow your devices specific process.  Any refunds are handled by the respective service.

Limited Liability for Our Service

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS AVAILABLE “AS IS”. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

WHEN PERMITTED BY LAW, SMARTSTAT AND ITS SERVICE PARTNERS, LICENSORS, EMPLOYEES, AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.

YOUR USE AND/OR PURCHASE OF SERVICE ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS.

SMARTSTAT DOES NOT WARRANT THAT:

  1. THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS AT ALL TIMES;
  2. THE SERVICE WILL BE ERROR-FREE AND ALL ERRORS IN THE SERVICE WILL BE CORRECTED;
  3. THE SERVICE WILL BE UNINTERRUPTED.

ALL CONTENT DOWNLOADED, UPLOADED AND/OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR DEVICES, INCLUDING BUT NOT LIMITED TO, LAPTOP COMPUTERS, DESKTOP COMPUTER, TABLETS, SMARTPHONES AND SMARTWATCHES, OR ANY DATA LOSS RESULTING FROM DOWNLOAD OR USE OF ANY SUCH ABOVE MENTIONED MATERIAL.

Information gathering and usage

When registering for SmartStat we require certain information such as your name and email address. This is to be able to uniquely identify your account information. Once you start your subscription, you will be able to set up your credit card payments. Your information is only used internally and won’t be shared with others

For more details about information gathering and usage, see our Privacy Policy

Version 1 – Effective July 8th, 2018