English (USA)
This agreement (also referred to as "Terms") explains how we work together by outlining your obligations and ours. If you enroll in SMART Control, and any of its features, you are agreeing to these Terms so, only someone authorized to bind your organization should enable this functionality. SMART Control contains numerous features, such as SMART Control Alerts, and these Terms also cover these features.
We have done our best to keep it simple but if you read something you do not understand please reach out to us because this is a legally binding agreement between you (where "you" or "your" includes you as an individual but also your organisation) and SMART Technologies ULC (referred to as "SMART", "we", "us" or "our").
Privacy and Personal Information
SMART Control, and its use, may require you to provide certain personally identifiable information and this information will be managed by SMART in accordance with our privacy policies. You agree to SMART' use of your data in accordance with the SMART Control Privacy Policy.
Both you and SMART are responsible for complying with all applicable privacy legislation and the above Privacy Policy explains how SMART works with you to protect your information and privacy when using SMART Control. Information on cookies is included in this Privacy Policy.
The information you supply during purchase or account setup must be true, current, accurate and complete. If SMART has reasonable grounds to suspect your information is untrue, inaccurate, not current, or incomplete, SMART may suspend or terminate your account and prohibit all current or future use of SMART Control.
Updates
To use SMART Control an over-the-air (OTA) update will be required and devices may require firmware updates to use some features, like SMART Control Alerts. We are not responsible for any interruptions caused by these updates.
SMART Control is a living product with continual updates and changes that further enhance its features, content, ease of use and security. If we make significant changes to our Terms, we'l let you know at least thirty (30) days in advance. For minor changes, we may proceed without prior notice and by continuing to use it you are agreeing to these changes.
Licenses
Our software is licensed to you and not sold. You cannot resell or transfer a license to SMART Control to a third-party regardless of activation status.
SMART grants you a revocable, non-exclusive, and non-transferable license to use SMART Control subject these Terms and unless applicable law gives you more rights you may only use SMART Control as expressly permitted by these Terms. You must also comply with, and not attempt to circumvent, any law or technical limitation that allows you to activate or use our products only in certain ways.
Subscriptions and Payment
SMART Control is not yet offered as a subscription service. Access is currently available at no additional cost during your product's active support period. In the future, SMART Control will transition to a subscription-based model. We anticipate offering an essentials tier free of charge for new devices, while additional subscription tiers and pricing will be introduced once the feature set is further developed. In the meantime, the alert service will remain available free of charge for both current and legacy customers.
Your Alerts and Content when using SMART Alerts
There is no content provided by SMART as it relates to SMART Control and SMART Alerts. Any messages or alerts that you create ("Content") is your responsibility, and you retain all intellectual property rights aside from the license you grant to us for the sole purpose of sending these alerts to your SMART Boards.
SMART Alerts lets you send messages to selected SMART Boards using third-party alert systems you choose. You are responsible for setting up, testing, and maintaining both your alert system and SMART Alerts to meet your needs. SMART does not guarantee or take responsibility for the security, performance, accuracy, or delivery of these alerts.
It is your responsibility to maintain appropriate backups of your created Content. SMART is not responsible for restoring any Content for any reason.
SMART Control, primarily because of user created Content, may contain or reference links to third-party websites. Clicking on links contained in Content is done so at your own risk. The inclusion of any link or reference to a third-party service, product or promotion is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by SMART of any information contained in any third-party site.
SMART Alerts requires the use and connection to third-party alerting services (e.g. your mass notification platform ) and you are responsible for reviewing and understanding their terms and conditions governing their services, including their privacy policies. You agree that the third-party, and not SMART, is responsible for the performance of the third-party services, your privacy, the information contained in such third-party site and for your use or inability to use such third-party service. SMART does not guarantee the receipt or display of emergency alerts and display failures may occur. You are responsible for ensuring periodic testing of your third-party alerting services.
Furthermore, SMART is not responsible for notifying or alerting emergency services or authorities. The SMART Alert feature is strictly a display endpoint for visual alerts as configured by the customer.
Moderators
SMART does not, and has no obligation to, actively monitor your use of SMART Control or the content of alerts.
Feedback
We do appreciate your suggestions but please be aware that any comments, feedback, or ideas you share with us while not under a non-disclosure agreement shall be treated as non-confidential and you will, and do hereby, assign us all right, title and interest to them.
This means we are free to use them for any purpose, without compensation, acknowledgment, or other obligation of any kind to you.
Class Action Waiver
To the extent permitted by law all proceedings to resolve or litigate a dispute must be conducted solely on an individual basis. Neither you nor SMART shall seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts, or proposes to act, in a representative capacity.
Disclaimer of Warranties and Limitation of Liability
SMART's sole obligation under its limited software warranty shall be to refund the purchase price paid by you for defective software (i.e., software that does not materially conform to its published specifications).
IN ANY CASE, SMART'S ENTIRE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE PURCHASE PRICE OF A SINGLE LICENCE PAID BY YOU. 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 CONTROL.
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 SMART Control 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.
Export Restrictions
You agree that you shall comply with all domestic and international export laws and regulations that apply. Our software is a 'Commercial Item', as that term is defined at 48 CFR 2.101, consisting of 'Commercial Computer Software' and 'Commercial Computer Software Documentation', as such terms are used in 48 CFR 12.212 or 48 CFR 227.7202, as applicable. Consistent with 48 CFR 12.212 or 48 CFR 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this agreement.
Governing Law
If you are a school or government organisation that is prohibited from accepting a governing law and jurisdiction outside of your home country, state or province then the laws of your principal place of residence shall govern all claims and disputes concerning the applicable SMART product or service.
Otherwise, this agreement is governed by and construed in accordance with the laws of Alberta, Canada and you irrevocably agree that any dispute, including litigation, involving this agreement or SMART must be brought in the courts in the City of Calgary, Province of Alberta. You shall not assert any claim that you are not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument. Notwithstanding this, you agree that SMART shall still be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Invalidity of Provisions
If any part of these Terms is invalid or unenforceable in your jurisdiction such provision shall be severed from this agreement and the validity, legality or enforceability of the remaining provisions shall not be affected or impaired. The failure by a party to exercise any right shall not operate as a waiver of such party's right to exercise such right or any other right in the future.
Language
Any translation we do in SMART Control or in these Terms is for convenience. In the event of a conflict between the English and non-English versions the English version shall prevail and govern. If you are unable to access these Terms in the official language of your country, please contact SMART and a copy will be provided to you.
In the End
All good things eventually come to an end. One day you may decide to leave us or, we may create an even better product and end of life SMART Control or portions of it.
When it is time for you to leave and terminate these Terms you have a couple of options:
- You can simply stop using SMART Control and cancel any subscriptions you may have. After two (2) years of inactivity this agreement will be terminated; or
- You can contact us to delete your account and your Content within it. Just remember that subscriptions (if applicable) are non-refundable.
If SMART decides to terminate our agreement thereby revoking our license to you:
- We may do so at any time without notice if you have violated any provision of these Terms; or
- We may do so at any time without notice if SMART is required to do so by law or law enforcement; or
- We may do so with reasonable notice to you if we will no longer be providing SMART Control or significant portions of it for any reason.
Once our agreement is terminated these following sections of the Terms will be the only surviving parts: Your Content, Prohibited Content, SMART and Third-Party Provided Content, Feedback, Class Action Waiver, Disclaimer of Warranties and Limitation of Liability, Export Restriction, Governing Law, Invalidity of Provisions, Language, and In the End.
Contact Us
We would love to hear from you:
SMART Technologies ULC
Attention: Legal Department
Suite 600, 214-11 Ave SW
Calgary, AB T2R 0K1
CANADA
+1 403 245 0333
legal@smarttech.com
privacy@smarttech.com
Need Product Support? Visit: support.smarttech.com