Scope of Service
SMART Remote Management (“SRM”) is provided by SMART Technologies ULC (“SMART”) and delivered using third party technology supplied by Radix Technologies Ltd (“Radix”). Certain features of the service may be subject to additional operational terms applicable to the underlying Radix platform.
By using SRM, customers agree to comply with applicable operational terms and privacy practices governing the Radix platform, provided that these Terms will prevail in the event of any conflict. SMART remains responsible for the provision of SRM to the customer.
License Claim and Credits Policy
Included SRM software licenses must be claimed within twelve (12) months of purchasing a SMART Board® interactive flat panel (IFP) or SMART appliance. Licenses not claimed within this period will expire, and replacement licenses may be purchased.
Credits allocated under SRM licenses must be used during the applicable subscription term. Unused credits expire at the end of the term or upon termination of the license, whichever occurs earlier.
Credits cannot be carried over, transferred between accounts, or used outside the intended functionality of the service.
SMART may invoice customers for licenses provisioned or claimed that exceed the customer’s purchased entitlements, including where discrepancies arise from administrative or operational adjustments.
License Usage and Accuracy
Customers are responsible for ensuring that license claims align with their purchased entitlements. SMART reserves the right to verify license allocations against purchased entitlements and invoice for any discrepancies.
Transition of Service
SMART may transition customers to an equivalent service if required due to business changes, vendor transitions, or external factors beyond SMART’s reasonable control. SMART will provide at least 180 days’ prior notice of any material service transition and will use commercially reasonable efforts to maintain continuity of service during the transition period.
Compliance and Third-Party Terms
SRM functionality is supported by Radix technology. By using SRM, customers agree to comply with the applicable operational terms and privacy practices governing the Radix platform. SMART remains responsible for commercial terms, customer relationships, and overall service delivery.
Privacy and Data Processing
Use of SRM is also governed by SMART’s Privacy Policy. By using SRM, you acknowledge and agree that SMART may collect, use, and process personal data as described in the Privacy Policy.
Certain SRM features are delivered using third party technology providers. As part of providing the service, such providers may process limited customer data on SMART’s behalf.
SMART processes customer data in accordance with applicable data protection laws and ensures that its third-party service providers do the same under appropriate data protection agreements.
SMART remains responsible for its vendors and for ensuring appropriate contractual and technical safeguards are in place.
Customers are also responsible for ensuring that their use of SRM and the data they submit into SRM comply with applicable privacy and data protection laws.
Disclaimer of Warranties and Limitation of Liability
To the extent permitted by applicable law, SMART's sole obligation under its limited software warranty is to refund the purchase price paid for any software that fails to materially conform to its published specifications. Nothing in these Terms limits or excludes any rights or remedies that cannot be limited or excluded under applicable law.
OTHER THAN THE LIMITED WARRANTY AS STATED ABOVE, THE PRODUCT IS PROVIDED 'AS-IS', 'AS-AVAILABLE', AND ITS USE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART AND ITS EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, LICENSORS, DISTRIBUTORS AND RESELLERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NONINFRINGEMENT WITH REGARD TO SMART PRODUCTS AND ANY COMPONENT THEREOF, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. SMART DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT IS OR WILL BE INTERRUPTION FREE, DEFECT FREE OR WILL MEET YOUR NEEDS.
SMART IS NOT RESPONSIBLE FOR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY OF YOUR CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF SMART REMOTE MANAGEMENT.
To the maximum extent permitted by applicable law, in no event shall SMART or its suppliers, licensors, resellers or distributors be liable for any special, incidental, indirect, exemplary, consequential or punitive damages whatsoever (including, without limitation, damages for any injury to any person or property, damages for loss of profits, business interruption, loss of business information, loss of privacy, damages for procurement of substitute goods or services, damages for loss of use, loss of data, damages for failure to meet any duty including the duties of good faith or of reasonable care, damages relating to removal of SMART or third-party Content from SRM or deletion of your Content, for negligence or any other pecuniary loss) arising out of the use of or inability to use the software or any component thereof or the provision of or failure to provide support services, whether based on contract, tort, negligence, strict liability or otherwise, even if SMART or its suppliers, licensors, resellers or distributors have been advised of the possibility of such damages. IN ANY CASE, SMART’S ENTIRE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE PURCHASE PRICE OF A SINGLE LICENCE PAID BY YOU.
Governing Law
These Terms are governed by the laws of Alberta, Canada.