Welcome to SEO Smart Limited (“SEO Smart”). These Terms of Service (“Agreement”) govern your use of our services, including any additional policies and agreements mentioned herein. By accessing or using our services, you agree to comply with this Agreement. Please read this Agreement carefully before using our services.
1. Additional Policies and Agreements
By using our services, you acknowledge and agree to be bound by any additional policies and agreements that are applicable to specific features, products, or services provided by SEO Smart. These additional policies and agreements are hereby incorporated by reference into this Agreement.
2. Account Eligibility
To use our services, you must be at least 18 years old and have the legal capacity to enter into binding contracts. By creating an account, you represent and warrant that you meet these eligibility requirements.
Transfers of accounts or services from one user to another may be permitted, subject to the terms and conditions set forth by SEO Smart. Such transfers must comply with our transfer policy and require prior written consent from SEO Smart.
4. SEO Smart Content
All content provided by SEO Smart, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of SEO Smart and protected by intellectual property laws. You may not use, reproduce, modify, distribute, or display any SEO Smart content without our prior written consent.
5. User Content
You are solely responsible for any content you upload, submit, or post on our services (“User Content”). By submitting User Content, you grant SEO Smart a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing our services.
6. Third Party Products and Services
Our services may include or offer third-party products, services, or links to third-party websites. SEO Smart does not endorse, control, or assume any responsibility for any third-party products, services, or websites. Your interactions with third-party providers are solely between you and the respective providers.
7. SEO Smart as Reseller or Licensor
In certain situations, SEO Smart may act as a reseller or licensor of certain products or services. Any such arrangement shall be governed by the terms and conditions provided by the respective third-party providers.
8. Third Party Websites
Our services may contain links to third-party websites. SEO Smart is not responsible for the content, accuracy, or opinions expressed on such websites. Accessing and using third-party websites are solely at your own risk.
9. Prohibited Persons (Countries, Entities, and Individuals)
You represent and warrant that you are not located in, under the control of, or a national or resident of any country, entity, or individual subject to economic sanctions or embargoes by applicable laws or regulations. You agree not to use our services in violation of any such sanctions or embargoes.
10. Account Security and SEO Smart Systems
You are responsible for maintaining the security of your account credentials and ensuring the confidentiality of any sensitive information associated with your account. You agree to promptly notify SEO Smart of any unauthorized access or use of your account. You understand that the security of your account also depends on the security of your own systems and devices.
11. HIPAA Disclaimer
SEO Smart’s services are not designed to comply with the Health Insurance Portability and Accountability Act (HIPAA) and should not be used for the storage, transmission, or processing of protected health information. SEO Smart does not provide HIPAA-compliant services.
12. Compatibility with the Services
It is your responsibility to ensure that your systems and devices are compatible with our services. SEO Smart does not guarantee compatibility with all systems or devices.
13. Billing and Payment Information
You agree to provide accurate and complete billing and payment information. By providing such information, you authorize SEO Smart to charge the applicable fees to your designated payment method. You are responsible for promptly updating your billing and payment information to ensure uninterrupted services.
14. Multiple Accounts
You may create multiple accounts with SEO Smart, subject to any limitations or conditions imposed by SEO Smart. Each account must have a unique email address associated with it.
Some of our services may require prepayment. By choosing a prepayment option, you authorize SEO Smart to charge the applicable fees in advance for the specified duration.
Certain services may be set to auto-renew unless you cancel or modify your subscription before the renewal date. You acknowledge and agree to be responsible for timely canceling or modifying your subscription to avoid any autorenewal charges.
You are responsible for paying any applicable taxes associated with the use of our services. SEO Smart’s fees do not include any taxes unless stated otherwise.
18. Late Payment
Late payment or non-payment of fees may result in the suspension or termination of your account or services. SEO Smart reserves the right to pursue any available legal remedies for unpaid fees.
19. Domain Payments
If you register or transfer a domain through SEO Smart, you agree to comply with the terms and conditions set forth by the relevant domain registrar. Failure to comply may result in the suspension or cancellation of the domain.
Any fraudulent activity, including but not limited to unauthorized use of payment methods, may result in the immediate termination of your account and may be reported to the appropriate authorities.
21. Invoice Disputes
If you have any disputes regarding an invoice, you must notify SEO Smart within 30 days of the invoice date. Failure to notify us within this period constitutes your acceptance and acknowledgment of the invoice as accurate.
22. Money-back Guarantee
Certain services may be eligible for a money-back guarantee as specified in the respective product or service terms. The terms and conditions of the money-back guarantee will govern your eligibility and the process for requesting a refund.
23. Cancellations and Refunds
To cancel your account or request a refund, you must follow the cancellation process specified by SEO Smart. Refunds, if eligible, will be issued according to our refund policy.
SEO Smart may terminate or suspend your account or services at any time, with or without cause. Upon termination, your access to our services will be immediately revoked, and any remaining fees may become due.
25. CPU, Bandwidth, and Disk Usage
You must comply with the permitted CPU, bandwidth, and disk usage limits set by SEO Smart. Excessive or abusive usage may result in corrective actions, including suspension or termination of services.
26. Permitted CPU and Disk Usage
The CPU and disk usage limits are defined by SEO Smart and may vary based on the specific service plan you have chosen. Any usage beyond the permitted limits may require an upgrade or may be subject to additional fees.
27. VPS Managed Services
If you subscribe to VPS Managed Services, certain management tasks and support will be provided by SEO Smart as outlined in the service agreement. The specific details of the managed services will be communicated to you separately.
28. Bandwidth Usage
Your use of bandwidth must comply with the allocated limits specified in your service plan. Excessive bandwidth usage may result in additional charges or other actions taken by SEO Smart.
29. Uptime Guarantee
While SEO Smart strives to provide high uptime for our services, occasional interruptions or downtime may occur. Our uptime guarantee, if applicable, will be outlined separately.
30. Price Change
SEO Smart reserves the right to change the prices of our services at any time. Any price changes will be communicated to you in advance, and you will have the option to accept the new pricing or cancel your services.
Coupons and promotional codes may be available for certain services. The terms and conditions associated with coupons will be specified separately.
32. Limitation of Liability
To the extent permitted by applicable laws, SEO Smart shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with the use of our services.
You agree to indemnify and hold SEO Smart, its affiliates, employees, agents, and partners harmless from any claims or liabilities arising out of your use of our services or your violation of this Agreement.
Any dispute arising from or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the designated arbitration organization.
35. Independent Contractor
No agency, partnership, joint venture, or employment relationship is created between you and SEO Smart as a result of this Agreement.
36. Governing Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where SEO Smart is registered. Any legal actions or proceedings shall be initiated in the courts of that jurisdiction.
You may choose to opt-out of certain communications from SEO Smart by following the unsubscribe instructions provided in the respective communication.
38. Class Action Waiver
You agree that any disputes will be handled on an individual basis and waive your right to participate in any class action or collective action against SEO Smart.
SEO Smart makes no warranties or representations about the accuracy or completeness of the information provided on our website or through our services. Your use of our services is at your own risk.
40. Backups and Data Loss
While SEO Smart may perform periodic backups, you are solely responsible for maintaining your own backups of your data. SEO Smart shall not be liable for any data loss or restoration costs.
41. Limited Warranty
SEO Smart provides its services on an “as is” and “as available” basis without any warranties or conditions of any kind. We disclaim all warranties, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
42. Disclosure to Law Enforcement
SEO Smart reserves the right to disclose any information as necessary to comply with applicable laws or regulations or respond to valid legal requests.
43. Entire Agreement
This Agreement constitutes the entire agreement between you and SEO Smart regarding the use of our services and supersedes any prior agreements or understandings, whether written or oral.
The headings used in this Agreement are for convenience only and do not affect the interpretation of the provisions.
45. Changes to the Agreement or the Services
SEO Smart reserves the right to modify or update this Agreement or our services at any time. Changes will be effective upon posting the updated Agreement on our website or notifying you through other means.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
The failure of SEO Smart to enforce any provision of this Agreement shall not be deemed as a waiver of that provision or any other rights or remedies.
48. Assignment; Successors
You may not assign or transfer this Agreement without the prior written consent of SEO Smart. SEO Smart may assign or transfer this Agreement to a third party without your consent. This Agreement shall be binding on the parties and their respective successors and permitted assigns.
49. Force Majeure
SEO Smart shall not be liable for any failure or delay in
performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or telecommunications or utility network failures.
50. Electronic Notices
By using our services, you consent to receive communications from SEO Smart electronically, including notices, updates, and other information. Such communications may be sent via email or by posting on our website.
51. Third-Party Beneficiaries
Except as expressly stated in this Agreement, nothing in this Agreement is intended to confer any rights or benefits to any third-party beneficiaries.
If you have any questions or concerns regarding these terms, please contact us at [email protected].