Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the SmartUI Toolkit website, products, and services. Please read these Terms carefully before using our services. By accessing or using our services, you agree to be bound by these Terms.

Important Notice: By using our website and services, you are agreeing to these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Definitions

For the purpose of these Terms:

2. Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

3. License and Service Use

3.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal or internal business purposes.

3.2 License Restrictions

You may not:

3.3 Updates and Modifications

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

4. Fees and Payment

4.1 Fees

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The pricing and fees for our Services are described on our website or in your applicable order form or subscription agreement.

4.2 Billing and Renewal

By providing a credit card or other payment method accepted by us, you are expressly agreeing that we are authorized to charge you for the term of your subscription and any renewals. You acknowledge that the amount billed may vary due to promotional offers, changes in your subscription, or changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.

4.3 Recurring Billing

If you select a subscription plan, you will be charged the subscription fee and any applicable taxes at the beginning of your subscription and each renewal period thereafter, until your subscription is terminated. By choosing a subscription plan, you authorize us to process these payments using the payment method you provided.

4.4 Free Trials

We may offer free trials to new users. At the end of the free trial period, we will begin billing your payment method for the applicable subscription fee unless you cancel before the end of the free trial period. You may cancel your subscription at any time as described in these Terms.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by SmartUI Toolkit, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Feedback

If you provide us with any feedback, suggestions, improvements, enhancements, or the like related to the Services ("Feedback"), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Services without any obligation to compensate you.

6. User Content

6.1 User Content Definition

"User Content" means any content that users of our Services provide to us, including but not limited to text, images, videos, and other materials.

6.2 User Content License

By submitting User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with the Services and our business operations.

6.3 User Content Representations and Warranties

You are solely responsible for your User Content. You represent and warrant that:

7. Prohibited Activities

In connection with your use of the Services, you agree not to:

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

SMARTUI TOOLKIT, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:

9. Limitation of Liability

IN NO EVENT SHALL SMARTUI TOOLKIT, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless SmartUI Toolkit and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect while you use the Services.

11.2 Termination by You

You may terminate your account and these Terms at any time by contacting us and discontinuing use of our Services.

11.3 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

11.4 Effect of Termination

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on our website. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

14. Entire Agreement

These Terms constitute the entire agreement between you and SmartUI Toolkit regarding our Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning our Services.

15. Contact Information

If you have any questions about these Terms, please contact us at:

235 Roman Bank, Skegness PE25 1SQ, UK

Email: legal@smartuitoolkit.com
Phone: +44 175 476 7377

Last Updated: November 25, 2023