UPDATED: 27.12.2023

 

These terms and conditions (together with the information and policies contained in the "Customer Service" pages on the website and any other documents referred in these terms and conditions) (the "Terms and Conditions") set out the legal terms that apply to your use of our website not4shy.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide (the "Services").

 

When we refer to "we", "us" or "our", we mean Smart OS Global Inc., a company registered in USA and our registered office is at 8 The Green, Suite B, Dover, DE 19901; our registered company number is 93-4169163 (the "Company" or "Not4shy"). Where we refer to "you" or "your" we mean you, the person using the Services.

 

Please, read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

 

Please, note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time.

 

SCOPE OF THE SERVICES

 

not4shy.com is an internationally operating social networking website for communication.

 

The Company does not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others. You acknowledge that, currently, the Company does not routinely screen its users, inquire into the background of its users, attempt to verify information provided by its users or conduct criminal screenings of its users. The Company reserves the right, in its sole discretion, to conduct such inquiries or screenings, pursuant to the applicable laws. You further acknowledge that the Company is under no obligation to conduct any such investigations.

 

You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. We strongly recommend you not to provide your last name, home address, place of work, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth herein.

 

These Terms and Conditions set out the rules that apply to your use of the Website (whether you use its features or you just browse).

 

ACCOUNT

 

In order to access and use the Services, you will have to register an account with us. Your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful and accurate information when registering for our Services. You may only register for one account per user. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. In order to properly use the account, you must keep your account information up-to-date and accurate at all times, including a valid email address.

 

You may cancel your account at any time via your account dashboard, menu “Settings”/by contacting us. Upon cancellation of your account, most of the Services become immediately inaccessible.

 

We reserve the right to terminate your account, at our sole discretion, if you violate these Terms and Conditions, other rules posted on this Website, applicable laws, perform any other illegal actions or behave in a way that we regard as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms and Conditions, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

 

We reserve the right to block your account with or without cause, on our own discretion. If your account is terminated by you or by us for any reason, these Terms and Conditions continue and remain enforceable between you and the Company, and you will not be entitled to any refund for purchases made, except other is expressly stated in these Terms and Conditions or other Company’s Policies. Your information will be maintained and deleted in accordance with our Privacy Policy.

 

ELIGIBILITY AND USER CONDUCT RULES

 

Before you create an account with us, make sure you are eligible to use our Services. By using our Services, you represent and warrant that:

 

• You are at least the age of majority in your country of residence , comply with all other eligibility and residency criteria.

• You have full capacity and legal competence to use the Website and the Services and to contract, under the applicable law and law of the country of your residence, with the Company and in doing so will not violate any other agreement, which you are a party to.

• You are not prohibited by law from using our Services.
  

• You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence. You are not required to register as a sex offender with any state, federal or local sex offender registry.

• You do not have more than one account on our Services. You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.

• You will not use the Services for any illegal activity and you have never conceivably been, engaged in any fraudulent, deceptive and illegal activity.

• You will not perform acts aimed at a breach of the normal functioning of the Service or the Website both by means of software and through your direct acts within the Service/Website.

• You will not disseminate, launch or use viruses, Trojan horses, and other malware within the Service or the Website; and you will not use automated programs and scripts in particular, for the collection of the information on the other users or the Service.

• You will not perform any acts having the nature of threats, endangering, harassment, discrimination, abuse, deceit, or some other unlawful influence on the other users; breaching the rights and legal interests of the other users.

• You will not place any materials (content, files) anywhere within the Service, which: propagandize war, violence, discrimination by ethnicity, race, religion, gender or any other reason; propagandize criminal activities; mislead the other users; contain any other prohibited, abusive, fraudulent or any other illegal information.

• You will be liable for all costs, losses and expenses incurred by us by reason of an unauthorized use of your account as a result of your acting fraudulently or failing to comply with these Terms and Conditions. Thus, you confirm you will reimburse all such costs, losses and expenses to the Company during 5 (five) banking days from the date of our first demand.

• You will treat other users in a courteous and respectful manner, both on and off our Services. You will not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat other users and Company’s personnel.

• You will maintain a strong password and take reasonable measures to protect the security of your login information.

In connection with your use of the Service, or in the course of your interactions with the Company and the users, you will not:

• Breach this Terms and Conditions or any other Privacy Policy and similar policies approved by the Company and agreed to by you.

• Violate any law, statute, ordinance, or regulation.
  

• Infringe the Company 's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

• Provide false, inaccurate or misleading information.

• Engage in potentially fraudulent or suspicious activity and/or transactions.

• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.

• Control an account that is linked to or belong to another user.
  

• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.

• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.

• Disclose private or proprietary information that you do not have the right to disclose.

• Express or imply that any statements you make are endorsed by the Company.

• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

• Write misleading information about the Company and its product in public, spoil or try to spoil reputation of the Company’s Services.

• Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

• Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission.

• Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our Website or the Service.

 

If you breach any of the covenants, representations and warranties under the Terms and Conditions, the applicable laws or in case of users` complaints about your behavior or account, we may terminate your account and take legal actions under the applicable law and this Terms and Conditions.

 

CONTENT & INTELLECTUAL PROPERTY

 

While using our Services, you will have access to:

 

• content that you upload or provide while using our Services (“Your Content”);

• content that other users upload or provide while using our Services (“User Content”);

• content that the Company provides on and through our Services (“Our Content”);

• content that may be provided by the third-parties, including advertisement, content provided by our partners etc. (“Third-Party Content”).

In these Terms and Conditions, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

 

YOUR CONTENT

 

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate these Terms and Conditions, or that may expose you or us to legal liability.

 

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through any third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

 

The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online. You acknowledge that you are solely responsible for Your Content sent to other users.

 

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms and Conditions, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided in these Terms and Conditions.

 

You understand and agree that we may, but have no obligation to, monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.

 

The Services allow you to submit Direct Messages (as defined below). Direct Messages will only be viewable by those user(s) or group(s) you directly send such information and our Company for the fraud detection purposes. Direct Messages refers to text, voice, photo, video, location and contact information messages you send directly to other users or groups.

You may upload photos provided that such photos don`t contain:

• details or any other information which is defamatory, threatening, violent, or intends to harass or cause distress to any person;

• any contact information, account details or any other personal information;

• several people at once without appropriate consent of such people;

• celebrities (in this case you will be solely responsible for copyright infringement);

• any content infringing copyright and other intellectual property rights of any third party;

• website logos (other than it is permitted by these Terms and Conditions), watermarks;

• drugs, drug activity and advocacy of drugs;

• photos showing alcohol, cigarettes and hookahs being consumed/used and/or featuring money and gambling;

• money being offered for sexual activity;

• children under the age of majority in their country of residence;

• child pornography;

• sexually explicit content, which contains references to violence, physical or mental abuse;

• offensive gestures, violence, cruelty, blood;

• real or imitation weapons and/or promoting violence;

• filters or content that appear too artificial.

If you don`t comply with these rules, we reserve the right to suspend your use of our Services.

RIGHTS, YOU GRANT TO US

 

By creating an account, you grant to the Company a worldwide, non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from other third-party sources (if applicable), in whole or in part, and in any format or medium currently known or developed in the future.

 

In addition, so that the Company can prevent the use of Your Content outside of our Services, you authorize the Company to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. However, the Company is not obligated to take any action with regard to use of Your Content by other users or third parties. The Company’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).

 

USER CONTENT

 

Other users will also share content on our Services. User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

 

You do not have any rights in relation to User Content, and you may only use User Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Use Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse User Content.

 

OUR CONTENT

 

The Company exclusively owns all rights, title, and interest in the Company’s name and its logo, the names of individual Services and their logos, patents, copyrights (including rights in derivative works), trademarks or service marks, logos and designs, trade secrets and other intellectual property embodied by, or contained on the Website and relating Web-pages, documentation etc.

 

We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, user interfaces, visual interfaces, photographs, digital downloads, data compilations and software including the presentation and compilation of the same).

 

The Company will have the exclusive ownership of all present and future existing rights to Our Content of every kind and nature everywhere. You may not reproduce, distribute, rent, lease, sell, distribute, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, create derivative works based on Our Content, or otherwise use Our Content. This Website also contains many valuable trademarks, names, titles, logos, icons identifying the Company’s Services or the third-parties’ products, and other proprietary materials owned and registered by the Company or the third-parties (the “Trademarks”). The reproduction, copying, or redistribution for commercial purposes of any сontent of the Website and any use of Trademarks as domain names, account identifiers or as search terms, without the written permission of the Company is strictly prohibited.

 

All сontent is protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.

 

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

 

You shall never use any Company’s or the third parties’ logos or marks for commercial and public use without our express permission, unless otherwise explicitly indicated by the Company. You shall not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise use any of the Company’s or the third parties’ logos or marks. You also shall not make any public statement or issue any press release related to the Company’s services without our express permission. There are no implied licenses under these Terms and Conditions and all accompanying documents, and any rights not expressly granted to you hereunder are reserved by the Company. Under these Terms and Conditions, you are entitled to use any logos or marks for your personal, non-commercial purposes exclusively.

 

You must not systematically extract and/or re-utilize parts of the Website or Our Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.

 

The Company grants you a revocable, non-transferrable, non-exclusive license to download, install and use its mobile and web apps (if available) or for your own purposes. Any web and mobile app license is subject to any limitations or restrictions on the permitted use of the web and mobile app contained in the Online Store Terms where you downloaded the app. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software. You acknowledge that all rights, title and interest to the Company's software are owned by the Company.

 

THIRD PARTY CONTENT

 

You may be offered services, products provided by third parties, links to third parties’ web-sites, web-pages and applications. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We recommend you to read the terms of use of the respective third-party web-sites, if you decide to use these third-party services.

 

You hereby consent, that you use such third-party services at your own risk and you are solely responsible for reviewing, understanding and complying with the associated terms and conditions. We expressly disclaim any liability for performance and provision of the third-party services.

 

ADVERTISEMENTS

 

We may at any time and at our discretion alter elements of the Website to benefit companies or individuals who have purchased preferential rights to gain additional/favoured exposure.

 

The Company may place any form of advertisements at any place on the Website, including use such technology like web push-notification or others.

 

To the extent reasonably practicable, we may indicate on the Website which goods and services are advertisements for any promotion that falls outside the Service. You are free at any time to select or click on these advertisements at your free will.

 

INAPPROPRIATE CONTENT AND MISCONDUCT

 

We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate User Content or misconduct by other users. You can report a user directly through the “Report a Concern” link on a user’s profile. You may also email us.

 

VIRTUAL CREDITS

 

From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features such as list any virtual credits, if any, such as profile credits, virtual gifts etc. (“Virtual Credit(s)”) from us. You may only purchase Virtual Credits from us or our authorized partners through our Services.

 

We may offer Virtual Credits for purchase via credit card, debit card or other payment processors on the Website.

If you make a purchase, you agree to pay the prices displayed to you for the Virtual Credits you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize us to charge the payment method you provide (your “Payment Method”). We may correct any billing errors or mistakes even if we have already requested or received payment.

 

Virtual Credits represent a limited license right governed by these Terms and Conditions, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Credits is being transferred or assigned to you. These Terms and Conditions should not be construed as a sale of any rights in Virtual Credits. Any Virtual Credit balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Credits do not incur fees for non-use; however, the license granted to you in Virtual Credits will terminate in accordance with the terms of this Terms and Conditions, on the earlier of when we cease providing our Services, or your account is otherwise closed or terminated.

 

We, in our sole discretion, reserve the right to charge fees for the right to access or use Virtual Credits and/or may distribute Virtual Credits with or without charge. We reserve the right to change the price of Virtual Credits on our own discretion. More information about the prices of Virtual Credits you can found by following the link [link to the page with prices for virtual credits]. We may manage, regulate, control, modify, or eliminate Virtual Credits at any time. We shall have no liability to you or any third party in the event that we exercise any such rights. The transfer of Virtual Credits is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Credits to any person or entity. Virtual Credits may only be redeemed through our Services.

 

CHARGEBACK AND REFUND POLICY

All purchases and redemptions of Virtual Credits made through our Services are final and non-refundable except as required by law. You acknowledge that we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Credits when an account is terminated for any reason except in cases specified by the applicable legislation.

If you want to initiate a chargeback or otherwise reverse a payment made with your Payment Method, please contact us first by writing us at [email]. You acknowledge that if you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may  terminate your account immediately in our sole discretion, on the basis that you have determined that you do not want our Virtual Credits. In the event that your chargeback or other payment reversal is overturned, please contact us. 

If you initiate a credit card chargeback without a valid reason, any additional costs incurred will be passed on to you except in cases specified by the applicable legislation.

 

If you are a resident of the European Union (EU) and you purchased some digital services, you have a period of 14 (fourteen) days to withdraw from the agreement. Refunds will be processed within 14 (fourteen) days from the day on which the Company is informed of your decision to withdraw using the Payment Method originally used by you. To exercise the right to withdraw, you shall send a clear statement to the email [email for the refund request] informing us of your decision to cancel the agreement.

If you are an EU resident and you make a purchase of a single item of digital content you expressly agree that such content is made available to you immediately and you, therefore, lose your right of withdrawal and will not be eligible for a refund.

If you are an EU resident and you purchase our Service which is not a single item of digital content and is provided on a continuous basis, you expressly request and consent to an immediate supply of such a Service. Therefore, if you have a right of withdrawal under the applicable legislation and you utilize this right, we will deduct from your refund an amount that is in proportion to the Service provided before you communicated to us your withdrawal from the contract. You acknowledge that, once the Services have been fully performed by us, you will no longer have the right of withdrawal.

 

FREE VIRTUAL CREDITS

 

You may receive free Virtual Credits by registering an account on our Website. The amount of free Virtual Credits is listed on the Website and may be changed at our discretion.

 

WEBSITE SERVICES

 

The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

 

We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

 

When you visit the Website and/or use our Services, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that same communications be in writing.

 

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

 

We make no guarantee that any or all features of the Websites, Services will work on any particular device.

 

We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

 

We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.

 

SECURITY

 

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and other information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and other information for improper purposes. You acknowledge that you provide your personal information at your own risk.

 

INDEMNIFICATIONS

 

You hereby agree to indemnify the Company, any of its officers, directors, employees and agents and its affiliated and related entities from and against any claims, costs, losses, liabilities, damages, expenses (including reasonable attorneys’ fees) and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, audit, inquiry, or other proceeding, that arises or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in the Terms and Conditions; (b) your wrongful or improper use of the Services; (c) any other party’s access or use of the Services with your account information; (d) arising out of a breach of any warranty, representation, or obligation hereunder.

 

You shall not have any claim of any nature whatsoever against the Company for any failure to carry out any of our obligations under the Terms and Conditions as a result of Force Majeure - causes beyond our control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, in securing any permit, consent or approval required by the Company, for the supply of products, delay by any sub-contractor or supplier of ours accidents of any kind, riot, political or civil disturbances, the elements, by an act of state or government including regulatory action imposed or any other authority or any other cause whatsoever beyond our absolute and direct control.

 

LIMITATION OF LIABILITY

 

The Website and the Services are provided on an “as is” and "as available" basis and without any warranties of any kind, either expressed or implied. You assume all responsibility and risk with respect to your use of the Website and Services. To the maximum extent permitted by the applicable law, we or our affiliates do not accept any liability for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), resulting from any use of, or inability to use, this Website and the Services or the material, information, software, facilities, services or content on this regardless of the basis, upon which the liability is claimed.

We make no representations or warranties that:

• you will experience specific results from the use of our Services;

• the conduct of other users and/or their compatibility with any current or future users shall fit any of your expectations;

• we are obliged to and currently do conduct criminal background checks or screenings on all users.

You assume all risk associated with dealing with any and all users or other third parties, including without limitation the risk that information about certain users posted on the Website or information provided by a user in the course of interactions with other users via the Website may be false or misleading.

Without limiting the foregoing, you acknowledge and agree that no software or website can be entirely secure or free of risk of security breaches or attacks by third parties, and that we make no warranty or representation that our services will be secure or free from data breaches or cyber attacks.

 

In no event, shall our Company, our directors, members, employees or agents be liable for any loss resulting from hacking, tampering, virus transmission or other unauthorized access or use of the services, your account, or any information contained therein; for products, not being available for use; for improper functionality, technical faults and downtime of the technical infrastructure.

 

We do not guarantee continuous, uninterrupted or secure access to the services and you acknowledge and agree that the Website may be interfered with by numerous factors outside of our control.

 

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. You understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of domicile concerning use of the Website, and that you should not accept any liability for any illegal or unauthorized use of the Website. You agree to be solely responsible for any applicable taxes imposed under your tax residency regulations.

PRIVACY POLICY

 

We recognize the importance of protecting your personal data and are committed to processing such data responsibly and in compliance with the applicable data protection laws in every country in which the Company operates. In our Privacy Policy and Cookie Policy, you can find all the information that explains when, where, and why we collect personal data about people who use the Services, how we use the collected data, the conditions under which we may disclose them to the thirds parties, your rights in respect of your personal data, as well as how we keep personal data secure.

 

Our Website is intended for adult use only. The Company does not knowingly collect data from minors under the age of majority in their country of residence, and its Website does not target such minors. We encourage parents and legal guardians to take an active role in their children’s online activities as well as their interests, and ask the minors not to submit any personal data to us.

 

APPLICABLE LAW AND DISPUTES RESOLUTION

 

These Terms and Conditions and other relationships between you and the Company shall be governed by the law of Ireland. All disputes and disagreements that might arise from these Terms and Conditions shall be resolved by means of negotiations. You agree that for the purposes of the settlement of disputes between you and the Company, an e-mail correspondence with the authorized persons of the Company shall be the effective and binding method of communication.

 

If the Parties cannot agree on the subject of the dispute within thirty (30) days, the dispute shall be referred to and finally resolved by the relevant court of Ireland.

 

To the extent allowed by the applicable law, you agree that you will bring any claim arising from or connected with these Terms and Conditions within one (1) year from the date of which such claim arose. Otherwise such claims will be irrevocably waived.

 

MISCELLANEOUS

 

Severability. These Terms and Conditions shall supersede any other arrangements between the Parties as well as all prior versions thereof. Should any provision of these Terms and Conditions (a clause or a statement within a clause) be void, unenforceable or legally invalid otherwise, it shall not affect any other provision hereof, or these Terms and Conditions as a whole.

 

Waivers. If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you. 

 

Entire agreement. These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

 

Amendments. We are entitled to make amendments or additions to these Terms and Conditions unilaterally at any time without any special notice by placing a new version hereof on the Website. The new version of the Terms and Conditions shall come into force at the moment it is placed on the Website, unless otherwise provided by the new version thereof.

 

Assignment. You may not assign any rights and/or licenses granted under these Terms and Conditions. We reserve the right to assign our rights without restrictions to any party we may deem fit.

 

Termination. These Terms and Conditions shall be valid till replaced by a new one or terminated by the Company. Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms and Conditions or suspend your right to access the Website, including (but not limited to) in case of your breach of these Terms and Conditions or if we believe you have committed fraud, negligence or other misconduct. You are solely responsible for properly cancelling your account. You can cancel your account at any time. All information or other data located in your account will be immediately deleted from the active and passive instances of the Website upon cancellation, otherwise defined hereof.

 

Headings. Headings of the Sections are for convenience only and shall not be used to limit or construe such sections. All the sections in the agreement shall survive any termination or expiration of these Terms and Conditions.

 

Feedback. You represent and warrant that you own all intellectual property rights to provide your Feedback. If you provide any feedback to us concerning the functionality and performance of the Service, including identifying potential errors and improvements, (the “Feedback”), whether by e-mail, posting through our Services or otherwise, you hereby assign to us all rights, title, and interest in and to the Feedback, and we are free to use the Feedback without payment or restriction. Any Feedback you submit is non-confidential and shall become the sole property of us. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Force Majeure Events. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our or the partner’s reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, government action or failure of public or private telecommunications or transport networks.

 

Complaints. We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.

 

Contact. Should you have any questions regarding the use of the Website or regarding these Terms and Conditions, please send us an e-mail at [email protected]

Smart OS Global Inc.

8 The Green, Suite B, Dover, DE 19901

+1 650-797-0046