Terms & Conditions

Updated: 18/01/2019

Please read our Terms & Conditions carefully.

By using Smarty Software or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

Smarty Software (“Smarty Software” or the “Service”) is a business software offered through the URL www.SmartySoftware.net (we’ll refer to it as the “Website”) that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients, create invoices and host your data in CRM.

Smarty Software Ltd. incorporated in the United Kingdom with registration number 08532478.

(“Smarty Software,” “we,” or “us”). Smarty Software has employees, independent contractors, and representatives (“our Team”).

As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Subscriber” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy, Acceptable Use Policy & Spam Policy, Billing Policy) define the terms and conditions under which you’re allowed to use Smarty Software, and how we’ll treat your account while you’re a Subscriber. If you have any questions about our terms, feel free to contact us.

This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.

ACCOUNT

  1. Eligibility

    In order to use Smarty Software, you must:

    • be at least eighteen (18) years old and able to enter into contracts;
    • complete the registration process;
    • agree to the Terms; and
    • provide true, complete, and up to date contact information.

  2. By using Smarty Software, you represent and warrant that you meet all the requirements listed above, and that you won’t use Smarty Software in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Smarty Software may refuse service, close accounts of any users, and change eligibility requirements at any time.

  3. Term

    The Term begins when you sign up for Smarty Software and continues as long as you use the Service. There is a three months minimum usage terms of the Software. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Smarty Software on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

  4. Closing Your Account

    You or Smarty Software may terminate this Agreement at any time and for any reason by giving one month notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

  5. Changes

    We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Smarty Software. We may change the Website, the Service, or any features of the Service at any time.

  6. Account and Password

    You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

  7. Account Disputes

    We don’t know the inner workings of your organisation or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.

  8. PAYMENT

  9. Monthly/Annual Plans & Billing Policy

    Our charges for monthly and annual plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your data limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level. Free Trial policy When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose not to continue using the Services, You may delete Your organisation details.

  10. Credit Cards & PayPal

    As long as you’re a Subscriber or have an outstanding balance with us, you’ll provide us with valid credit card information and authorise us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorised to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

  11. Refunds

    You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Subscriber applies for one based on the requirements posted on the Website.

  12. Charges for Add-Ons

    Some features are offered as add-ons to your Smarty Software account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account. If you use Mandrill to send bulk emails, in violation of our Acceptable Use Policy, then we may charge you at the comparable Smarty Software pricing tier or terminate your account.

  13. Billing Changes

    We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. We will give you always at least a month notice regarding any price changes to your plan.

  14. RIGHTS

  15. Proprietary Rights Owned by Us

    You will respect our proprietary rights in the Website and the software used to provide Smarty Software (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.

  16. Proprietary Rights Owned by You

    You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

  17. Privacy Policy

    We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

  18. RULES AND ABUSE

  19. General Rules

    You promise to follow these rules: 1. You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website. And on our Acceptable Use Policy & Anti-Spam Policy. 2. You won’t use purchased, rented, or third-party lists of email addresses. 3. You won’t violate our Acceptable Use Policy, which is part of this Agreement. If you violate any of these rules, then we may suspend or terminate your account.

  20. Reporting Abuse

    If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Smarty Software user, please report it to our abuse team.

  21. Bandwidth Abuse/Throttling

    You may only use our bandwidth for your Smarty Software emails. We provide image and data hosting only for your email campaigns, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.

  22. Compliance with Laws

    You represent and warrant that your use of Smarty Software will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via Smarty Software, and collecting information as a result of sending Emails, you:

    • Will clearly describe in writing how you plan to use any data collected, including for your use of Smarty Software. You’ll get express consent to transfer data to Smarty Software and be processed, and you’ll otherwise comply with whatever privacy policy you have posted.
    • Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Smarty Software.
    • Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Smarty Software to receive and process data and send communications to that individual on your behalf.
    • Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
    • Have signed our Data Processing Agreement.

  23. LIABILITY

  24. Limitation of Liability

    To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

  25. No Warranties

    To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Smarty Software for a variety of reasons, we can’t guarantee that it will meet your specific needs.

  26. Indemnity

    You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

  27. Legal Fees

    If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

  28. Subpoena Fees

    If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

  29. Disclaimers

    We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Subscribers.

  30. FINE PRINT

  31. Governing law and jurisdiction:

    This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.

  32. Notification of Security Breach
  33. In the event of a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
  34. Notices

    Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Smarty Software, 68 King William St, London EC4N 7DZ, United Kingdom.

  35. Congratulations! You can now start using the software!