Terms and Conditions
- Prior to utilizing the Services offered by Smetano Limited, we kindly request you to invest some time in reading and understanding these Terms and Conditions.
1. User Acknowledgements
- By using the Service, you agree to abide by these Terms and Conditions. These Terms/Conditions govern the rights and responsibilities of all users, including visitors and other individuals who utilize the Service. These Terms and Conditions are applicable to all users and visitors, and must be followed.
- Before gaining access to or using the Service, all users must agree to and abide by the Terms and Conditions.
- By utilizing or participating in the Service, you are acknowledging and accepting these Terms and Conditions. If you have any reservations about any aspect of these Terms and Conditions, you have the option to retract your consent and refrain from using or accessing the Service.
- Using the Service implies your acknowledgment that you are 18 years old or above. Smetano Limited strictly prohibits individuals under the age of 18 from accessing the Service.
- Before proceeding with this Service, it's important to note that your acceptance and consent to Smetano Limited's Privacy Policy is required. Our Privacy Policy is a comprehensive document that details how we collect, use, and disclose your personal data when you use our application or website. It also sheds light on your privacy rights and the legal measures we have in place to protect your privacy. We kindly ask you to take a moment and read through this Privacy Policy in its entirety before you start using our Service.
2. Limitations of Liability
- Smetano Limited and its suppliers will not be held responsible for any specific, incidental, indirect, or consequential damages, as allowed by the law. This includes, but is not limited to:
Loss of profit, personal data, and other important information
Interruption of business operations
Personal injuries
Breach or loss of privacy
Loss of off access or use of the Service, including when using it alongside a third-party hardware or software
- No matter if Smetano Limited (or any provider) knows about the possibility of such damages or if the solution doesn't offer compensation or resolution, this limitation of liability still applies.
- Certain states have specific regulations that prevent you from excluding implicit warranties or restricting liability for incidental or consequential losses. Consequently, some of the limitations mentioned earlier may not be applicable. In these states, the liability of each party is restricted to the maximum extent permitted by law.
3. “AS IS” Service Disclaimer
- The Service encompasses all defects and imperfections. It is delivered on an "AS IS" and "AS AVAILABLE" basis, without any warranty.
- At Smetano Limited, we want to assure you that our licensees and service providers are committed to providing the best service possible. However, we want to be transparent and let you know that we do not make any explicit or implicit guarantees or warranties regarding the Service. This includes but is not limited to assurances of merchantability, suitability for specific purposes, title, and non-infringement.
- Furthermore, it is important to note that there are no implicit assurances that arise from the course of business, performance, utilization, or customary trade practices.
- Smetano Limited does not provide any warranty or guarantee concerning the Service's capability to:
Fulfilling your requirements
Achieve the expected outcomes
Seamlessly integrate with other software/applications, systems, or services
Run smoothly without any interruptions
Exceed performance and reliability expectations
Error-free and flawless operation
We cannot assure that any errors or flaws will be fixed
- Smetano Limited and its providers do not provide any explicit or implicit assurances regarding the functionality or availability of the Service. The Service may or may not contain information, content, materials, or goods. It cannot be guaranteed that the Service will operate without interruptions or errors. Additionally, there is no assurance that any information or material provided through the Service is accurate, reliable, or up-to-date.
- At Smetano Limited, we want to ensure that our customers have a safe and secure experience. Therefore, we cannot guarantee the absence of viruses, scripts, trojan horses, worms, malware, time bombs, or any other harmful materials within our Service, servers, contents, or emails.
- Different countries may have different rules regarding warranties and customer rights. This means that you may not be affected by all or some of the exclusions and limitations mentioned above. Please note that the exclusions and limitations mentioned in this section are only valid to the extent allowed by the law in your country.
4. Third Party Links
- The Service we offer may include hyperlinks to third party websites or services. However, it's important to note that these websites or services are not owned, managed, or controlled by us.
- We want to make it clear that we have no control over their content, privacy policies, or practices. We want you to understand and agree that we cannot be held responsible or liable for any damage or loss that may occur from your use of, or reliance on, the material, goods, or services provided by these external websites or services. Your satisfaction and safety are our top priorities.
- It is highly recommended that you take the time to thoroughly read and comprehend the terms and privacy policies of any third-party websites and services you choose to visit and utilize.
5. Applicable Laws and Regulations
- The use of the Service and these Terms and Conditions will be governed by the laws and regulations of the Republic of Cyprus, except for its conflict of laws principles. It's worth noting that the use of the Services may also be subject to the laws and regulations of other jurisdictions.
6. Applicable Laws For EU Customers
- As a resident of an EU country, you are entitled to the rights outlined in the legislation of your specific EU country of residence.
7. Dispute Resolution Protocol
- If you encounter any problems or concerns with our service, we kindly ask that you initially try to address them informally by contacting Smetano Limited. You can find our contact information below.
8. Severability
- In the event that any provisions within these Terms and Conditions are considered invalid or unlawful, they will be revised and interpreted in a way that aligns with the objectives of these terms to the maximum extent allowed by law. Nevertheless, the rest of the Terms and Conditions will continue to be valid and enforceable.
9. Waiver
- If a party fails to assert a right or enforce an obligation as defined in these Terms, it does not mean that the party cannot assert that right or obligation in the future. Similarly, if a breach or violation of these terms are waived, it does not imply that the party will waive any future breaches or violations.
10. Preceding Translation
- In the event of a dispute, it is important to acknowledge that the original English version of the Terms of Service will take precedence, even if we have provided a translated version for your convenience.
11. Termination of Access
- Your access to the Service can be denied at any given moment, and for any reason, including for reasons of violating these Terms and Conditions.
- Your access to the Service will be promptly revoked once the termination takes effect.
12. Modifications
- We hold the authority to revise these Terms and Conditions without any prior notice. However, we assure you that we will make every effort to inform you about any significant modifications at least 30 days before the new terms or conditions come into effect. Please understand that we are the sole decision-makers when it comes to defining what qualifies as a substantial modification.
- By continuing to utilize or access our Service after the modifications come into effect, you are indicating your consent to comply with the newly revised Terms and Conditions. However, if you decide not to adhere to the updated terms or conditions, whether in their entirety or partially, we politely request that you discontinue using our Service.
13. Communication Preferences
- To contact the Company, the User may utilize the following contact details:
Effective: January 2, 2023