The following Terms and Conditions is a legal document being executed between you and SmartKarrot that outlines both your obligations and the company’s. It is important for you and SmartKarrot that you are comfortable with these terms. While it may not be exciting reading, you should read the entire agreement before agreeing to use the Service. If you do not understand or agree to any part of the agreement, you should not further engage in the Service.
Last updated: December 7, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.smartkarrot.com website or the SmartKarrot Platform (the “Service”) operated by SmartKarrot, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Description of Service
The SmartKarrot Service (the “Service”), as further described at www.smartkarrot.com (the “Site“), is a Software as a Service (“SaaS”) for customer success which provides you—you individually or the entity that you represent (“Company”)—with a global view of the activities of customers that use Company’s web service or other software services offering. Services include, but are not limited to, account 360° views, configurable customer health scores, product usage heatmaps, real-time alerts, survey / feedback capabilities, tasks and touchpoints management. These platform transactions are facilitated by SDK libraries and service APIs that are used by client to send application / user events and data which in-turn is utilized to provide inherent SaaS features and Analytics / Advisory capabilities.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases.
By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Subscriptions
SmartKarrot’s Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, 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 SmartKarrot, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting SmartKarrot, Inc. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide SmartKarrot, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SmartKarrot, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, SmartKarrot, INC. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
SmartKarrot, Inc. in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
SmartKarrot, Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You will not (a) use the Platform other than as described in these Terms; (b) copy, prepare derivative works of, decompile or reverse engineer Platform, or any portion of Platform; (c) use Platform to store or transmit any malware, spyware, adware, or any other malicious programs or code; (d) sell, resell, license, sublicense, distribute, rent or lease Platform or the Developer Account or any access thereto or derive revenues from the use or provision of the Platform, whether for direct commercial or monetary gain or otherwise; (e) attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use the Platform; (f) use the Platform in a manner that adversely impacts the stability of SmartKarrot’s servers or adversely impacts the behavior of other applications; (g) give any third party access to the Platform without SmartKarrot’s prior written approval in each instance; (h) make any representations about your use of the Platform and/or any and all applications developed in connection with your use of the Platform that are false or misleading; (i) mislead, confuse, or surprise users (e. any application developed in connection with your use of the Platform should be transparent in terms of its functionality and should obtain all necessary and appropriate user consent including but not limited to any consent to store or share user’s content or data); or (j) state or imply any endorsement by SmartKarrot of you or your Applications developed in connection with the Platform. In addition, you will not remove any trademark, copyright, or other proprietary rights notices which appears on the Platform. In addition, you will not use the Platform for any unlawful or fraudulent purpose including, but not limited to: (i) impersonating any person or entity, (ii) harvesting or collecting any personal information in violation of applicable law or (iii) promoting any product, service or business that is unethical, obscene or in violation of any applicable law or regulation. If your use of the Platform collects data or information about other users, you agree that such data will be collected, processed, transmitted, maintained, stored and used in compliance with all applicable laws, industry standard security practices, and your publicly posted and clearly available privacy policy that is at least as stringent as SmartKarrot’s privacy policy, as may be amended by SmartKarrot from time to time.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Feedback
Any feedback that you provide in connection with your use of the Platform may be used, modified and/or incorporated by SmartKarrot in its sole discretion, including in its Platform and documentation and you grant to SmartKarrot a perpetual, irrevocable, worldwide, non-exclusive, royalty free, sublicensable license to SmartKarrot to use any and all testimonials, feedback, comments, and/or suggestions in SmartKarrot’s sole discretion with no obligation to you. You further grant to SmartKarrot the right to display your name and logo on its website as a client and, as reasonably necessary, share your contact information with other Beta participations for verification purposes.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of SmartKarrot, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SmartKarrot, Inc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by SmartKarrot, Inc.
SmartKarrot, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that SmartKarrot, Inc. 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 third party 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.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless SmartKarrot, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall SmartKarrot, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, 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.
Privacy Policy
See the SmartKarrot Privacy Policy athttps://www.smartkarrot.com/privacy-policy/for disclosures relating to the collection and use of your information
Disclaimer
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.
SmartKarrot, INC. 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.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
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 constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at info@smartkarrot.com .
