1. INTRODUCTION

These Terms of Service (“Terms”) are a contract between Smart Find LLC (“Company,” “we,” “us,” “our”) and any person or organization that accesses https://smartfind.io (including subdomains) (“Website”) or uses our related forms, chat, email, SMS/MMS, or other channels to request information about software products or services and to use related content and features (collectively with “Website”, the “Services”). By accessing or using the Services, whether as a guest or a registered user (“User,” “you,” “your”), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

EXCEPT FOR A LIMITED RIGHT TO OPT OUT AND CERTAIN SMALL-CLAIMS MATTERS, DISPUTES MUST BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION.

Note on “Vendor”: For purposes of these Terms, “Vendor” means any independent third party that markets, offers, or supplies software or related services, including, without limitation, sellers, publishers, developers, integrators, resellers, distributors, and their authorized representatives, that is not owned or operated by Company.

2. AGE RESTRICTIONS

The Services are intended for users 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 and have the legal authority to enter into these Terms (and, if acting for an organization, to bind that organization).

3. CHANGES TO THESE TERMS

We may revise and update these Terms by posting an updated version on the Website. Unless otherwise noted, changes take effect upon posting (see the Effective Date above). Your continued use after changes are posted constitutes acceptance. If you do not agree, stop using the Services.

4. ABOUT SMART FIND LLC

Smart Find LLC (“Company”) helps users, businesses, and professionals discover software solutions, compare options, read or submit reviews, and get connected with relevant Vendors. When you ask us to connect you, you direct us to share your request and relevant details with the Vendor(s) so they can contact you. We are not a reseller or agent, do not provide professional advice, and do not guarantee any Vendor’s pricing, features, availability, compliance, or performance. Any transaction you enter into with a Vendor is solely between you and the Vendor. We may receive fees or other consideration from Vendors in connection with marketing, referrals, or programs; such relationships do not imply endorsement.

Service Availability & Modifications: We may add, modify, or discontinue any aspect of the Services (in whole or in part) at any time without liability. Access may be interrupted, including for maintenance, upgrades, or circumstances beyond our control.

5. AUTHORIZED USERS

You are responsible and liable for all uses of the Services resulting from access provided by you or your organization, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the foregoing, you are responsible for all acts and omissions of anyone authorized to access or use the Services on your behalf (“Authorized User(s)”), and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by you will be deemed a breach by you. You shall use reasonable efforts to make all Authorized Users aware of these Terms as applicable to such Authorized User’s use of the Services and shall cause Authorized Users to comply with such provisions.

If a feature requires an account or verification, you must provide accurate, current information and keep it updated. You are responsible for safeguarding credentials/one-time codes and for all activity under your account, along with notifying us promptly of suspected unauthorized use.

6. USER CONTENT

“User Content” means any and all information, data, and content that any User uploads, posts, inputs, or submits to, or uses in connection with, the Services, including reviews, testimonials, ratings, comments, questions, screenshots, images, audio/video, profile elements, and feedback. You are solely responsible for your User Content and assume all risks associated with it (including others’ reliance on its accuracy or disclosure that personally identifies you or a third party).

You represent and warrant that:

• You have all rights, consents, and permissions necessary to provide and license your User Content;
• Your User Content is accurate and lawful;
• Our use of your User Content as permitted in these Terms will not violate any law or third-party rights (including intellectual property, publicity, and privacy rights); and
• You will not submit User Content in violation of any fiduciary duty, duty of confidentiality, or contractual obligation.

License to Company: You own your User Content, but you grant Company and its affiliates an irrevocable, perpetual, nonexclusive, transferable, royalty-free, fully paid, worldwide license (with the right to sublicense) to use, copy, host, reproduce, process, adapt, translate, modify, create derivative works of, publicly perform and display, publish, distribute, and otherwise exploit your User Content in any media now known or later developed for the purposes of operating, improving, marketing, and providing the Services. You irrevocably waive any moral rights or rights of attribution to the extent permitted by law.

Our Rights: We may, in our sole discretion, (i) remove or refuse to post any User Content; (ii) take action we deem appropriate if User Content violates these Terms; (iii) disclose your identity or information to any third party claiming that your User Content violates their rights or the law; (iv) refer matters to law enforcement; and/or (v) suspend or terminate access for violations. Because we cannot control User Content, we are not responsible or liable for User Content posted by you or others.

Edits/Removal: Once submitted, we do not guarantee that User Content can be edited or removed. You may contact info@smartfind.io to request correction/removal of your contact information only; we may accommodate such requests at our discretion (no obligation) and this does not require removal of associated User Content.

7. PROHIBITED USES

You agree you will not:

• Violate any law, regulation, or third-party right; impersonate any person or entity; submit false, misleading, or deceptive information.
• Upload or transmit malware or disruptive code; attempt to gain unauthorized access to systems or data; probe, scan, or test the vulnerability of any system or network.
• Scrape, crawl, harvest, index, or bulk-export the Services (including personal information) without our prior written consent; use automated bots/scripts except as expressly allowed.
• Copy, distribute, modify, reverse engineer, or create derivative works from the Services or content (other than your own User Content) except as expressly permitted.
• Submit, publish, or commission reviews, feedback, or content that is false, fraudulent, manipulated, generated by non-genuine users or bots, or submitted by a third party on your behalf.
• Use any third-party reviews-generating service to post content on our Website; only reviews written or uploaded by you in your individual capacity may be submitted.
• Use the Services to extract Vendor or reviewer contact information for marketing, sales outreach, or retargeting; or to build or augment profiles, databases, or lead lists.
• Use the Services in a way that could disable, overburden, damage, or impair the Services or interfere with others’ use.
• Use any robot, spider, or other automatic device to access the Services for monitoring or copying content, or use any manual process for the same purpose without our prior written consent.
• Transmit any material that is unlawful, tortious, defamatory, infringing, libelous, abusive, harassing, obscene, invasive of privacy, hateful, or otherwise objectionable, or that promotes illegal conduct.

VIOLATIONS MAY RESULT IN IMMEDIATE SUSPENSION OR TERMINATION AND MAY SUBJECT YOU TO LEGAL LIABILITY.

8. VIOLATIONS & TERMINATION

We may suspend or terminate your access to all or part of the Services at any time, with or without notice, for any or no reason, including suspected violations of these Terms, fraud, abuse, or risk of harm. Suspension/termination may include removal of accounts, credentials, or User Content. We may cooperate with law enforcement and comply with lawful requests.

You may stop using the Services at any time. Content you previously submitted may continue to be displayed or retained by Company as permitted by law and these Terms. Your obligations accrued before termination (e.g., indemnification) survive.

9. INTELLECTUAL PROPERTY RIGHTS

The Services and all content, features, and functionality (including software, text, design, selection, compilation, images, video, audio, and look-and-feel) are owned by Company, its licensors, or other providers and are protected by U.S. and international IP laws. Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services strictly in accordance with these Terms.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services except as expressly permitted. Company’s names, logos, product/service names, designs, and slogans are trademarks of Company or its affiliates/licensors; you may not use them without our prior written consent. Any third-party trademarks appear for identification only and are the property of their respective owners.

No page or content may be reproduced, mirrored, framed, or embedded on any other site or service without our prior written consent.

10. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

We respect intellectual property rights and review all DMCA notices. If you believe content on the Services infringes your copyright, email info@smartfind.io (Subject Line: “DMCA Notice”) with a notice that includes: (i) identification of the copyrighted work; (ii) identification and location of the allegedly infringing material; (iii) your contact information; (iv) a statement that you have a good-faith belief the use is not authorized; (v) a statement under penalty of perjury that the notice is accurate and you are the owner or authorized to act; and (vi) your electronic or physical signature.

11. THIRD-PARTY CONTENT, ADS & LINKS

The Services may contain links to or displays of third-party content, products, services, or websites (including Vendors and advertisers). We do not control and are not responsible for third-party offerings, representations, warranties, policies, or actions. Your interactions with third parties are solely between you and them, at your own risk. Placement or display does not imply endorsement. We have no obligation to screen, approve, or monitor third-party offerings.

12. WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT CONTENT IS ACCURATE OR MEETS YOUR NEEDS. WE DO NOT GUARANTEE ANY VENDOR’S OFFERINGS, PRICING, FEATURES, AVAILABILITY, COMPLIANCE, OR PERFORMANCE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED FROM COMPANY CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Some jurisdictions do not allow certain disclaimers; in such cases, the above will apply to the maximum extent permitted.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; BUSINESS INTERRUPTION; OR SUBSTITUTE GOODS/SERVICES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY.

WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN CONTENT (INCLUDING PRICING, FEATURES, SCREENSHOTS, VIDEOS, AVAILABILITY, OR VENDOR INFORMATION). IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID COMPANY IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR TWENTY DOLLARS (US $20), WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations; in such cases, the above will apply to the maximum extent permitted.

You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues, otherwise it is permanently barred.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and their respective officers, directors, employees, agents, and representatives, from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your access to or use of the Services; (ii) your User Content; (iii) your violation of these Terms or applicable law; or (iv) your infringement or misappropriation of any third-party right.

15. DISPUTES & ARBITRATION

Binding Arbitration & Class Action Waiver: We hope to resolve concerns informally. If we cannot do so within 60 days of our receipt of your individual Notice of Dispute (see below), you and Company agree to binding individual arbitration before the American Arbitration Association (AAA) under the Federal Arbitration Act (FAA). No judge or jury trial; no class, consolidated, representative, or private attorney-general actions are permitted. The arbitrator may award the same individual remedies a court could, but only to the extent necessary to resolve your individual claim.

Disputes Covered: “Dispute” is construed broadly and includes any claim or controversy under any legal theory (contract, tort, statute, regulation, warranty, etc.). Disputes relating to the enforcement or validity of intellectual property rights are also subject to arbitration, except that Company may bring actions in court to enforce its own intellectual property rights.

Notice of Dispute: Before filing for arbitration, you must email info@smartfind.io with subject line “Notice of Dispute”. Include your name, email, address, a description of the dispute (facts as you understand them), and your requested resolution. Statutes of limitation are tolled from a properly submitted individualized Notice of Dispute through the earliest permissible arbitration filing date under this Section.

Small Claims Option: Either party may bring an individual claim in small claims court that meets that court’s requirements and seeks only individualized relief.

Procedure: The AAA will conduct any arbitration under its Consumer Arbitration Rules. These Terms govern to the extent they conflict with AAA rules. To start arbitration, file the AAA’s Demand for Arbitration and email a copy to info@smartfind.io. Hearings will be telephonic or by video unless the arbitrator finds good cause for an in-person hearing. Any in-person hearing will occur in your county of residence (or principal place of business, if you are a business).

Opt-Out: You may opt out of this arbitration agreement by personally signing and emailing notice to info@smartfind.io within 30 days after you first access the Services following the last update to these Terms (unless a longer period is required by law). If you opt out, Company is not bound by this arbitration agreement either.

Severability: If, after all appeals, any part of this Section is unenforceable as to a claim or remedy, the parties agree to arbitrate all claims/remedies subject to arbitration before litigating any remaining claims/remedies. Otherwise, the remainder stays in effect.

16. GOVERNING LAW

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and Company are governed by the laws of the State of Delaware, without regard to conflicts of law.

17. SURVIVAL

Sections that by their nature should survive termination (including, without limitation, ownership, license grants, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous) survive termination or expiration of these Terms.

18. ASSIGNABILITY

You may not assign these Terms or any rights/obligations hereunder without our prior written consent. Company may assign freely. Any prohibited assignment is void. These Terms bind and inure to the benefit of the parties and their permitted successors/assigns.

19. WAIVER & SEVERABILITY

No waiver of any term is a continuing waiver of that term or any other term. If any provision is held invalid, illegal, or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

20. ACCESS OUTSIDE THE UNITED STATES

You agree to comply with all local rules and with U.S. and applicable export, sanctions, and embargo laws. You represent you are not: (a) located in a region subject to comprehensive U.S. sanctions or embargo; (b) on a U.S. restricted-party list; or (c) otherwise prohibited from receiving items subject to U.S. export control or sanctions laws. If your status changes, you must immediately cease using the Services.

21. CONSENT TO ELECTRONIC RECORDS

You consent to receive contracts, notices, disclosures, and other communications electronically. You may withdraw consent where required by law, but doing so may limit your ability to use the Services.

Contact Information:

Questions about these Terms: info@smartfind.io