Terms of Service

Subscriptions

Some parts of the Service 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 on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SMPK cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting SMPK customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide SMPK 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 SMPK to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, SMPK 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

SMPK, 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.

SMPK 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

SMPK is completely free for you if you are on the Free Plan. You can test every plan with all functions without any costs and generate the first interested parties. Afterwards you can cancel or upgrade your account monthly. Paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.

SMPK has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of SMPK or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

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 may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SMPK 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 SMPK.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by SMPK

SMPK 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 SMPK 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 SMPK 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; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability

In no event shall SMPK, 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.

Scripts

My item is broken

It's important to keep in mind that there is often a difference between an item that is broken and a situation where you are receiving an error message. Also some features are in beta or experimental as mentioned in the docs, you cannot derive any rights from bugs or issues with these functionalities.

Error messages could be related to an incorrect setup, configuration or software and as a result the item is not working.

Before you request a refund from SMPK it's important that you have first:

·         Read the product setup guide and documentation.

·         Using the product for its intended function and purpose, which is outlined in the documentation - eg. correct software version.

Can I get a refund?

Due to the nature of our products (non-tangible digital goods), it is not possible to "return" the product therefore we generally do not offer refund or exchange after purchase is made. By logging on to your account and setting up your item, you have taken ownership of the item, and we cannot offer refunds or exchanges due to a change of mind. If you are unsure, it is you the "buyers" responsibility to ask SMPK support team questions before purchasing. To make sure the item is suitable for your project and is compatible with your business or personal goals.

All sales are final and non-refundable. SMPK offers no Money Back Guarantee of any kind. We believe that the provided multiple information channels, namely

·         Product website with sufficient information about product features, system requirements, license types, privacy policy and terms and conditions

·         Contact form(s)

·         Free product demos with no time limit

·         Documentation

All products have online demos which can be tested thoroughly before buying. There's an online documentation with more details on features that may not be testable with the online demos. If you are having any issue with files, trouble setup, or have any questions, please send a support e-mail, we will do our best to resolve the problem.