Terms of Service
Last updated: February 15th, 2018
Description of the Service
The Service is a non-exclusive license to software-as-a-service (SaaS) offered by us at www.smartlook.com. Part of the Service are various modules including, but not limited to, recording (user replay), heatmaps, event tracking or funnels. Modules and features available to you may vary based on your package, you can find them described in our pricing at https://www.smartlook.com/pricing
Access to the Service
Internet connection is required to access the Service. You are responsible for ensuring functionality of your computer or mobile device and network connections that connect you to the Service, including, but not limited to, "browser" software. We assume no responsibility for the reliability or performance of your internet provider or any connections or devices as described in this section. Your access to the service might be temporarily limited or suspended (a) during planned downtime for upgrades and maintenance of the Service; or (b) during any unavailability caused by downtime, technical failures, acts undertaken by third parties (such as our hosting providers etc.), connectivity issues on the internet networks, acts of God, acts of government, acts of terror or civil unrest, distributed denial of service or other attacks on the Service; or (c) if we suspect or detect any malicious software, code or activity within your account.
We offer several Subscription types of the Service. There is (a) a free Subscription with limited features that doesn't require any billing information or payment; (b) premium Subscriptions that are automatically billed on a monthly or annual billing cycle;
(b) premium Subscriptions with automatic billing
You are required to pay in advance on a monthly or annual basis ("Billing Cycle"), depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Smartsupp.com, s.r.o. cancels it. You may cancel your Subscription renewal in your billing profile by clicking on "Turn off auto-renewal" or by deleting your payment method details.
Valid payment method - credit card or PayPal - is required to process the payment for your Subscription. You shall provide Smartsupp.com, s.r.o. with accurate billing information including full name or company name, VATIN (value added tax identification number), address, zip code, billing email, phone number (optional) and a valid payment method information. By submitting such payment information, you automatically authorize Smartsupp.com, s.r.o. to charge you the Subscription fees based on selected Billing Cycle.
Should automatic billing fail to occur for any reason, we will notify you by email and you must provide new payment method in case you wish to continue to use the Service.
You can request a full refund for any reason within 15 days of completing your first payment for Smartlook. It's not possible to refund a payment if the refund request is made more than 15 days after the first ever payment was made in your account. This refund only applies to your first-ever payment.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Unless explicitely given permission by us, you shall not license, sublicense, sell, resell, transfer, assign, distribute or make the Service available to any third party. You shall not commercially exploit the Service in any way. You shall not make modifications of or derivative works from the Service without explicit permission, or attempt to derive source code or trade secrets from the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Smartsupp.com, s.r.o.. Smartsupp.com, s.r.o. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Smartsupp.com, s.r.o. 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may modify, terminate or suspend your account immediately if we suspect violation of the Terms. If you wish to terminate your account, you may simply discontinue using the Service, or request a termination of your account. Upon termination, your right to use the Service will immediately cease.
Limitation Of Liability
In no event shall Smartsupp.com, s.r.o., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct or indirect losses, incidental losses, special losses, consequential or punitive damages, including without limitation, loss of profits, loss of data, loss of use, loss of goodwill, loss of savings and revenue, including expenses to recover lost revenue, interest losses, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We do our best to ensure the highest availability and security of the Service. Despite that, Smartsupp.com, s.r.o. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law and Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of Czech Republic, except provisions that are legally required to follow law of your country or the European Union. Any disputes arising from these Terms or using the Service are to be settled by the courts of law in Brno, Czech Republic. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms may be translated in other languages available on our web site www.smartlook.com. In case a dispute arises from difference between the language versions of these Terms, this English version of the Terms takes precedence.
We reserve the right, at our sole discretion, to modify or update these Terms at any time.
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.
If you have any questions about these Terms, please contact us.