Terms Of Service

Terms Of Service Management

Welcome to Smodin.io! By using our services (Web based, API based, PWAs, Mobile, or any other services or applications) you are agreeing to our Terms of Service defined in this document and all documents incorporated by reference. Please read the Terms of Service carefully before using services. Also read all policies and guidelines incorporated by reference such as the privacy policy, and contact $Smodin.io legal if you have any questions.

Our services are diverse and additional terms may be made available with respect to services accessed. Should you choose to use services that contain additional Terms of Service, those Terms of Service will be incorporated and become part the Terms of Service specified here.

The “Terms of Service” govern the use of applications, features, content, API’s (Application Programming Interfaces) as provided to the user or subscriber (“Sub-user”, “you”, or “your”). This agreement was updated last on June 23, 2022

Acceptance of terms of service

By signing up for an account you agree to these Terms of Service, and any additional terms specified by services (APIs, etc.) or applications that you elect to use. You also agree to our privacy policy, incorporated herein by reference.

These Terms of Service, together with the privacy policy, and any other terms contained herein or incorporated herein by reference, are jointly referred to as the “Terms of Service”.

If you are representing a company or other legal entity you declare that you have the authority to represent and bind the entity and its affiliates to the conditions and terms contained in this agreement and that the terms “Your” or “You” shall refer to the entity and its affiliates. If you do not agree with the terms and conditions written in the Agreement, or do not have the authority to bind your legal entity to the Agreement, you must not accept this agreement and may not use the services offered by Smodin LLC Smodin LLC, at its sole discretion, reserves the right to update or change any policies, guidelines, terms, or conditions contained in this Agreement. Any revisions, updates, or changes will become effective the moment they are made available on the site or through any other means.

You agree that you will regularly visit and review the Terms of Service. See this resource for Terms of Service Updates and History .

You are responsible for keeping up to date with changes in this agreement and reviewing any applicable revisions, changes, or updates that may be posted without notice to you. CONTINUED USE OF Smodin LLC'S SERVICES FOLLOWING AN UPDATED POSTING OF MODIFICATIONS OR CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS OR CHANGES. IF YOU DO NOT AGREE WITH THE MODIFICATIONS, STOP USING Smodin LLC'S SERVICES IMMEDIATELY. By using any of our services you are indicating that you have accepted the terms of this agreement and will be bound by these terms of service.

These Terms of Service provide that all disputes between Smodin LLC and you will be resolved by BINDING ARBITRATION. UNDER THIS CONTRACT YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO DEFEND OR ASSERT YOUR RIGHTS. Your claims cannot be brought as a class action and your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY. Please review the "Arbitration" section of the Terms of Service for the details to arbitrate any disputes with Smodin LLC. NOTHING SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU IN THESE TERMS OF SERVICE. If any provisions or provision of these Terms of Service shall be held to be illegal, invalid, or unenforceable, the legality, validity and enforceability of the remaining provisions shall remain in full effect.

STOP USING SERVICES IMMEDIATELY IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE.

Service Description

Smodin LLC provides access to a cutting edge set of advanced planning and execution services. For further information please see the Smodin LLC Website.

Eligibility

You may not access or use services without written consent from Smodin LLC if you are a direct competitor, or intend to be in direct competition with, the services offered by Smodin LLC. Use of Smodin LLC services is limited to entities that can participate lawfully in agreements and contracts governed by applicable law. Due to the critical nature of the functions that Smodin LLC services perform, minors may not use the Smodin LLC domain based services (APIs, Web Applications, Mobile Applications, etc.) and/or Smodin LLC Corporate services, and this restriction should not limit the generality of the foregoing. Every user that has a Smodin LLC account and every person who uses Smodin LLC domain based services, or any other service offered by Smodin LLC, warrants to Smodin LLC that he or she is at least over the age of 18 or the age of majority in the state or province of residence, and may therefore form binding contracts under applicable law. In order to use the services, you must obtain internet access and you must provide all equipment necessary to maintain such access. You may not provide false identity credentials or impersonate another Smodin LLC user in order to gain access to services.

Registration Obligations

You certify that: You have reached the age of majority in the province or state of residence. You are not barred from receiving service or products under applicable law. You are able to enter into a binding legal obligation You are familiar with our Illegal Activity clause and will not attempt any of these activities or any activity that is illegal or will cause harm to our services or our users. Your use of any service offered by Smodin LLC will comply with these Terms of Service. You have the right to provide all information you submit to Smodin LLC services and all such information is true, accurate, current, and complete.

With respect to services offered you agree to: Provide accurate, current, true, and complete information about yourself and your company as requested by the registration media or Smodin LLC employees. Promptly maintain the Registration Data to keep it true, accurate, current and complete. If Smodin LLC suspects that any information you provided is untrue, not current, inaccurate, or incomplete, Smodin LLC has the right to and may suspend or terminate your account and refuse any and all current and planned use of services. Keep login information for your account secure and never post, distribute, or publish login information for your account or share your password information with any third parties. Only register one account with the same billing details. If registering multiple accounts with the same billing details then Smodin LLC must first be notified of the intent. Multiple accounts with the same billing details risk being flagged as fraudulent.

Service Membership

Your Smodin membership will continue until terminated. To use the Smodin service you must have Internet access, an internet ready device, a valid working E-mail, and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, which may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method. To receive Smodin.io account info and communication a valid working E-mail is required. Smodin.io is not responsible for invalid E-mails provided on sign up.

Fair usage policy

"Fair Usage Policy" means that, although you may be subscribed to what is described as "unlimited" usage or any other non-specific usage limit, it is unlimited within what Smodin LLC deems, at its sole discretion, a reasonable limit for a majority of its users. This limit is primarily intended to prevent misuse of site services and prevent use cases which the site may be unable to support. By subscribing to the site services, you acknowledge the Fair Usage Policy.

Account Password and Security Measures

Upon completing the Smodin LLC registration process you may receive an account designation that can be accessed using your registration credentials. The security and safety of the password, access tokens, and account confidentiality is your responsibility, and you are fully responsible for all activities that are possible post login to your account. You must supervise the usage of your account and safe guard your password. You are responsible for verifying the trust worthiness of persons entrusted account access information.

You understand and agree that Smodin LLC shall have no responsibility for any incident related to, or arising out of, your account settings. You must maintain settings that reflect your preferences.

Your account and license cannot be shared with other users or used by more than one user. The account is strictly for your own use. You are the only person authorized by Smodin LLC to access your account for many reasons including the prevention of fraudulent conduct. The account may be transferred or assigned to a new user when the current user is changing job function, is terminated, or has stopped using the service. You are solely responsible for maintaining the secrecy of your password and may not disclose it to any third party. If the account needs to be transferred to another user, this should occur once through your Smodin LLC account personal preferences, where the new user can reset the password such that the new user now is the only person with access. You must change the password immediately if it is compromised.

For security purposes, you agree to always logout of your account when you are done using it, terminating the associated session. Smodin LLC will not and cannot be liable under any circumstances for damages resulting from failure to logout or otherwise terminate connections to an account.