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Welcome to Smile API. Please read and accept these TERMS & CONDITIONS (T&Cs) before accessing or using the services of Smile.
PLEASE READ THE T&Cs CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SMILE.
These T&Cs are an agreement between you (“user”, “you” or “your”) and Smile Technology Pte. Ltd. and its subsidiaries and affiliates, all of which are doing business under the name of “Smile” (collectively “Smile”, “Company”, “we”, “our”, “us”). These T&Cs constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Smile, concerning your access to and use of the website at https://www.getsmileapi.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, including Smile’s software-as-a-service platform that allows our clients, as directed by you, to access and collect employment data, plus all related software applications and applications programming interfaces (collectively the “Platform”). The Platform integrates with certain client applications, and our clients use the Platform in order to access employment data. Smile electronically retrieves employment data from certain data sources, which may include you as directed by you, and sends these employment data to client applications. We are registered in Singapore. You agree that by accessing or using the Platform, you have read, understood, and agreed to be bound by all of these T&Cs.
The Platform is offered to you conditioned on your agreement to these T&Cs. Your use of the Platform constitutes your agreement to all such terms, conditions, and any rules of conduct as Smile may implement. If you do not agree with all these T&Cs, please refrain from accessing or using the Platform and you must discontinue access or use immediately.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. Smile reserves the right to amend, change, and/or modify these T&Cs from time to time without any specific advance notice to you. You are strongly recommended to regularly review and read the T&Cs. Any changes to these T&Cs will be effective immediately upon posting in the Platform, with an updated effective date. By accessing or using the Platform after any changes have been made, you agree to the modified T&Cs and all the changes made therein. If you do not agree with the modified T&Cs, please refrain from accessing or using the Platform and from availing of the services therein, as applicable.
The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You likewise agree that the provisions, disclosures and disclaimers set forth herein are fair and reasonable and that your agreement to follow and be bound by these T&Cs is voluntary and is not a result of fraud, duress, or undue influence exercised upon you by any person or entity. The Platform is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Platform.
You have accessed the Platform as integrated into a client application or using a web browser via an access URL provided by or at the request of a client of Smile. The Platform allows you to obtain your employment data available to you under your credentials from data sources and deliver employment data to the client providing the client application or access URL.
As you access and use the Platform, you generally will have initiated a process with a client (e.g. a loan application or employment verification). You will then be prompted to (i) select the data sources where you are directing the Platform to access and retrieve your employment data, and (ii) enter your credentials to those data sources within the Platform. You will then be prompted to give your explicit consent, and you hereby expressly authorize and instruct the Platform, to use your credentials to electronically retrieve your employment data from the data source(s) you have selected. After the Platform retrieves your employment data, it is delivered to the client application or otherwise to the client whose process resulted in your receipt of the access URL, as instructed by you, in order for the clients to provide you with their products and services. With such explicit consent, you may also allow our clients to update your employment data at data source(s) on your behalf and as instructed by you, including streamlining employment data across your data source account(s) solely as instructed by you on a case-bycase basis.
For clarity, the Platform may retrieve updated employment data from data sources on a periodic basis in accordance with your consent until the consent expires or is withdrawn, and standardize, categorize, merge, aggregate, and otherwise process your employment data before delivering it to the applicable client or third party, as set forth above and in accordance with our Privacy Policy.
By providing us with your credentials corresponding to the different data sources, you confirm that you have all the necessary rights, permissions and authority to share them with us, and you grant us explicit consent to use your credentials to access your employment data on your behalf and at your direction in order to provide you with our services through the Platform, as described in these T&Cs and our Privacy Policy.
We do not check the accuracy of the employment data retrieved from data source(s) and we rely on you and our clients to ensure that your employment data is accurate and up to date.
We do not charge you for your use of the Platform. However, our clients may charge you for products and services provided to you, including those that make use of the Platform. In addition, clients may pay us fees and other amounts in connection with the services we provide you or separately provide them.
OUR CLIENTS’ USE OF EMPLOYMENT DATA IS SUBJECT TO YOUR AGREEMENT WITH THE CLIENT, AND THE CLIENT’S OWN PRIVACY POLICY. WE ENCOURAGE YOU TO CAREFULLY REVIEW YOUR AGREEMENT WITH THE CLIENT AND THE CLIENT’S PRIVACY POLICY PRIOR TO ADDING ANY CLIENT AS A CONNECTION ON THE
PLATFORM. WE DO NOT CONTROL, SUPERVISE, OR MANAGE CLIENT’S PROCESSING OF EMPLOYMENT DATA, AND HAVE NO RESPONSIBILITY OR LIABILITY ARISING FROM OR RELATED TO SUCH PROCESSING OR OTHER ACTS OR OMISSIONS BY THE CLIENT.
SMILE ENTERS INTO AN AGREEMENT WITH EACH CLIENT WHICH REQUIRES THE CLIENT TO USE EMPLOYMENT DATA ONLY AS NECESSARY IN CONNECTION WITH THE CLIENT’S PROVISION TO YOU OF ITS PRODUCTS OR SERVICES IN ACCORDANCE WITH APPLICABLE LAW, AND FURTHER REQUIRES THE CLIENT TO EMPLOY COMMERCIALLY REASONABLE SAFEGUARDS TO SECURE EMPLOYMENT DATA FROM UNAUTHORIZED USE OR DISCLOSURE. HOWEVER, WE DO NOT OTHERWISE CONTROL THE USE OR STORAGE OF EMPLOYMENT DATA BY THE CLIENT.
SMILE’S INTEGRATION WITH CLIENTS AND DATA SOURCES IS PROVIDED SOLELY AS A CONVENIENCE TO YOU AND NOT AS AN ENDORSEMENT BY US OF SUCH CLIENTS OR DATA SOURCES. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY CLIENT APPLICATIONS, DATA SOURCES, OR OTHER THIRD-PARTY SITES, OR FOR ANY ACTS OR OMISSIONS OF ANY CLIENT, DATA SOURCE OR OTHER THIRD PARTY, AND WE DO NOT MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF MATERIALS THEREON OR THE PRODUCTS OR SERVICES PROVIDED BY ANY CLIENT OR OTHER THIRD PARTY.
By using the Platform, you represent and warrant that:
a. All information you submit in accordance with our requirements, which will be used to determine your
eligibility to use the Platform, are true, accurate, current, complete, and owned by you, and that you are
authorized to provide such information for the purpose of collecting and using employment data
as described in these T&Cs;
b. You will maintain the accuracy of such information and promptly update such information as necessary
throughout the use of our Platform and services;
c. You are authorized to permit third parties, including Smile, to electronically access your data accounts
and electronically retrieve employment data therefrom
d. You have the legal capacity and you agree to comply with these T&Cs;
e. You are not a minor (i.e., less than 18 years old) in the jurisdiction in which you reside;
f. By using the Platform and entering into and complying with these T&Cs, you are not violating any
agreements you may have with any third party;
g. You will not use the Platform for any illegal or unauthorized purpose; and
h. You will comply with all applicable laws (local and other laws) when using the Platform, and your use of
the Platform will not violate any applicable law or regulation.
You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
a. Trick, defraud, or mislead us and other users, especially in any attempt to learn personal information of
others;
b. Circumvent, disable, or otherwise interfere with security-related features of the Platform, including
features that prevent or restrict the use or copying of any content or enforce limitations on the use of the
Platform and/or the content contained therein;
c. Use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify
your internet protocol address or otherwise circumvent these T&Cs;
d. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform;
e. Use any information obtained from the Platform in order to harass, abuse, or harm another person;
f. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person
or entity
g. Make improper use of our support services or submit false reports of abuse or misconduct;
h. Use the Platform in a manner inconsistent with any applicable laws or regulations;
i. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with
any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the Platform;
j. Interfere with, or attempt to interrupt the proper operation of, the Platform through the use of any virus,
device, information collection or transmission mechanism, software or routine, or access or attempt to
gain access to any data, files, or passwords related to the Platform through hacking, password or data
mining, or any other means
k. Delete the copyright or other proprietary rights notice from any content;
l. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware”);
m. Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected
to the Platform;
n. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Platform to you;
o. Attempt to bypass any measures of the Platform designed to prevent or restrict access to the platform,
or any portion of the Platform;
p. Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code;
q. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Platform;
r. Use a buying agent or purchasing agent to make purchases on the Platform;
s. Make any unauthorized use of the Platform, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means under false pretenses;
t. Use the Platform as part of any effort to compete with us or otherwise use the Platform and/ or the
content for any revenue-generating endeavor or commercial enterprise;
u. Use the Platform to advertise or offer to sell goods and services; or
v. Sell or otherwise transfer your profile.
Although you are free to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information, without compensation or attribution to you.
We reserve the right, but not the obligation, to:
a. monitor the Platform for violations of these T&Cs or to review or edit any content for the purpose of
operating the Platform, to ensure compliance with these T&Cs and to comply with applicable law or
other legal requirements.
b. remove or disable access to any content, including user content, at any time and without notice,
including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these
T&Cs;
c. take appropriate legal action against anyone who, in our sole discretion, violates the law or these T&Cs,
including without limitation, reporting such user to and to cooperate with the investigation of law
enforcement authorities;
d. in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our systems; and
e. otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Platform.
The Platform may contain (or you may be sent via the Platform) links to other websites ("ThirdParty Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware that these T&Cs no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and
the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We care about data privacy and security. Please review our Privacy Policy, which discusses how we collect, use and share your information. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these T&Cs.
You agree and authorize Smile to process, store, share, use and verify your personal information for the purposes set forth in these T&Cs and to the extent we otherwise determine as necessary and/or advisable, in our sole discretion, to comply with applicable law.
Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these T&Cs, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content and the Marks.
The Marks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these T&Cs shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a hyperlink to any other website) any Marks displayed on the Platform, without our written permission or any other applicable trademark owner. All third-party trademarks including logos, icons and other related features referenced by our clients or users shall remain their sole and exclusive ownership and property. Unless specifically identified as such, our use of third-party trademarks does not
indicate any relationship, sponsorship, or endorsement between us and the owners of these trademarks. Any reference by the Company to third party trademarks is to identify the corresponding third-party services and shall be considered nominative fair use under the trademark law.
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided in Section 18 below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider
first contacting an attorney.
You are and shall remain the owner of your employment data. You hereby grant Smile a worldwide, royalty-free right and license to access and use your employment data solely to provide you with the Platform and as otherwise expressly provided in these T&Cs.
These T&Cs shall remain in full force and effect as you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE T&Cs, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, RESTRICT, DENY, SUSPEND OR TERMINATE ACCESS TO AND USE OF THE PLATFORM TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE T&Cs OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM WITHOUT WARNING IN OUR SOLE DISCRETION.
If we terminate or suspend your access to the Platform for any reason, you are prohibited from using the services or the Platform. In addition to that, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and/or injunctive redress. Termination shall, however, not affect any accrued rights and liabilities.
We reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice. There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at
any time. We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Platform.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these T&Cs will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
These T&Cs and your use of the Platform are governed by and construed in accordance with the laws of Singapore except as where a particular local law is necessary or required to be applied, in which case such local law will apply, without giving effect to any conflict of laws provisions thereof.
The parties shall use their good faith efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with these T&Cs. To this end, the parties in dispute shall each promptly appoint representatives of appropriate standing who shall meet and attempt to resolve any dispute between them.
However, if negotiation as described above fails, any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved in accordance with the Arbitration Rules of Singapore, which rules are deemed to be incorporated by reference in this clause. The language of the arbitration shall be English.
In no event shall any dispute brought by you or us related in any way to the Platform be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither you nor us will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction, and you agree to submit to the personal jurisdiction of that court.
You agree that any arbitration shall be limited to the dispute between us and you. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. To the full extent permitted by law, no arbitration shall be joined with any other proceeding. There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures, and there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Nonetheless, the following disputes are not subject to the above provisions concerning binding arbitration:
a. any dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a party;
b. any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and
c. any claim for injunctive relief.
THE PLATFORM AND ANY CONTENT CONTAINED THEREIN IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
a. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
b. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE PLATFORM
c. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
d. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM;
e. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
PLATFORM BY ANY THIRD PARTY; AND/OR
f. ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE PLATFORM.
Accordingly, all data and/or information contained in the Platform are provided for informational purposes only. No representations or warranties of any kind, implied, express, or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality, or fitness for a particular purpose, are given in conjunction with the Platform. Without prejudice to the generality of the foregoing, we do not warrant:
a. the accuracy, timeliness, adequacy, commercial value, or completeness of all data and/or information
contained in the Platform;
b. that employment data is accurate, complete, up to date, or otherwise reliable, and we have no
responsibility or obligation to verify, investigate or review employment data;
c. that the Platform or the services will be provided uninterrupted, secure, or free from errors or omissions,
or that any identified defect will be corrected;
d. that the Platform or the services are free from any computer virus or other malicious, destructive, or
corrupting code, agent, program, or macros;
e. the security of any information transmitted by you or to you through the Platform or the services, and you
accept the risk that any information transmitted or received through the Platform may be accessed by
unauthorized third parties and/or disclosed by us or our officers, employees, or agents to third parties
purporting to be you or purporting to act under your authority; and
f. that data transmissions over the Internet and electronic mail will be free from interruption, transmission
blackout, delayed transmission due to Internet traffic, or incorrect data transmission due to the public
nature of the Internet
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR USD $1,000.00.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, due to or arising out of your:
a. use of the Platform;
b. breach of these T&Cs;
c. breach of any of your representations and warranties set forth in these T&Cs;
d. violation of the rights of a third party, including but not limited to intellectual property rights;
e. your gross negligence, willful misconduct, or fraud; or
f. any overt harmful act toward any other user of the Platform
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These T&Cs and any policies or operating rules posted by us on the Platform or in respect to the Platform constitute the entire agreement and understanding between you and us.
These T&Cs operate to the fullest extent permissible by law. No waiver of any provision of these T&Cs shall be effective. No failure or delay by the Company in exercising any right, power or remedy under these T&Cs shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power, or remedy. Without limiting the foregoing, no waiver by the Company of any breach by you or any third party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof. The rights and remedies in these T&Cs are cumulative and not exclusive of any rights and remedies provided by the applicable laws, rules, and regulations.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these T&Cs is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these T&Cs or use of the Platform. You agree that these T&Cs will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these T&Cs and the lack of signing hereto to execute these T&Cs.
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us at legal@getsmileapi.com.
Last Modified on: October 4, 2023
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