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Terms & Conditions

Updated: 25/08/2023

 

DISCLAIMER: SMARTy Lab, a blockchain software engineering company, provides processing Technology for digital currencies and supplementary integration components for their utilization in various payment solutions. SMARTy Lab does not provide any business recommendation about utilizing digital currencies in any sort of products, services and solutions. SMARTy Lab does not recommend, endorse or promote any investment activities regarding digital currencies. SMARTy Lab is not responsible for any financial losses caused by digital currencies rate fluctuations. SMARTy Lab does not guarantee any financial benefits from the use of cryptocurrencies as a means of payment.

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SMARTy Lab (“SMARTy Lab” or “we” or “us” or “our”) as a blockchain software developer  has developed these Terms of Service (these “Terms”) to describe the terms that govern your use of SMARTy Lab’s service, SMARTy Lab developer documents and our website located at https://smartylabs.io (the “Site”) (collectively the “Services”).

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Changes to Terms or Services

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We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know by posting the modified Terms on the Site and by providing you a notice in a manner we deem reasonable including both notifications within the product’s dashboard and other communications. It’s important that you review the Terms whenever we modify them because if you continue to use theTechnologies and Services after we have modified the Terms, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you must stop using the Services. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

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General Terms

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  • The relationship between SMARTy Lab and Clients is fully governed by these Terms and additional agreements that may be concluded with Clients on case by case basis

  • The present Terms shall be carefully examined by the Client before making decision to  connect and to start negotiations with the SMARTy Lab

  • All SMARTy Lab Clients are subject to the KYB process, for which, we request data and documents about the company from them in accordance with our compliance policies. If necessary, SMARTy Lab may request additional data related to the activities of the Client's company

  • In case of violation by the Clients of the Terms, their negotiations with SMARTy Lab may be terminated temporarily or permanently, followed by a complete denial of using provided technologies

  • Clients can choose a set of digital currencies and technology components that they want to use from those available from SMARTy Lab

  • SMARTy Lab Clients independently provide services to their customers with the necessary compliance formalities and procedures, as well as perform the necessary actions to protect personal data. SMARTy Lab is not a personal data operator and a participant in the compliance process for customers served by SMARTy Lab’s Clients

  • SMARTy Lab doesn’t work with any data related to Clients and their customers in crypto payments. At the same time, SMARTy Lab, as a blockchain technology company, can have access to all the blockchain information related to all the transactions provided with SMARTy Lab’s technologies. This access can be used only for information and analytical purposes. SMARTy Lab cannot influence blockchain transaction data in any way, as changing such data is impossible due to the peculiarities of blockchain technology

  • Transactional data on the blockchain is public. SMARTy Lab does not carry out any operations to anonymize transactions, and does not guarantee that any blockchain data on transactions conducted through SMARTy Lab’s Technologies cannot be analyzed and associated with specific individuals / companies by means of external analytics

  • SMARTy Lab does not  manage any digital currencies on any part of Client’s services lifecycle. The Clients themselves are responsible for the safety of these funds and the implementation of transactions with them. In case of loss of control over funds on the Client's side, SMARTy Lab will not be able to restore access to these funds. SMARTy Lab is not responsible for any transactions with the Client's funds initiated on the Client's service side where SMARTy Lab’s Technologies utilized

  • SMARTy Lab’s Clients are fully responsible for tax liabilities in accordance with the tax laws applicable to them

 

Who May Use the Services

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Eligibility

You shall be considered a Client of SMARTy Lab since the following conditions are met:

  • You have accepted the Terms, and

  • You provided all necessary information during the KYB process, and

  • You provide necessary information about your services where the SMARTy Lab Technologies will be implemented and used. The services you provide must be not included in the list of activities not supported by SMARTy Lab.

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The SMARTy Lab Technologies utilizing in the following activities is strictly prohibited:

  • Production or trade in weapons and munitions

  • Production or activities involving harmful or exploitative forms of forced labor/harmful child labor

  • Production, trade, storage, or transport of significant volumes of hazardous chemicals, or commercial scale usage of hazardous chemicals

  • Any business relating to pornography or prostitution

  • Abusing confidential or material, non-public information

  • Trading of Animal Fur, Bones and Ivory

  • Indecent and Obscene material including child pornography

  • Trading of explosives and Nuclear Weapons

  • Drug trafficking including chemicals used to manufacture synthetic drugs

  • Investment from several individuals (third party) without proper approval

  • Human Body Parts and Pathogens

  • as well as any other activities that require special licensing, without the necessary licenses, registrations and permits.

 

Registration and Your Information

If you want to use the Technologies, you will have to contact our team using  our website at https://smartylabs.io.

You are fully responsible for all the information provided to SMARTy Lab.

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Pricing

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Pricing information of SMARTy Lab Technologies and services is defined on a case by case basis and confirmed in client agreements. 

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Content Ownership, Responsibility and Removal

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We do not claim any ownership rights in any Client’s Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. You agree that you own or have all rights, title and interest, including all intellectual property rights, in any Content you provide to us.

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Subject to the foregoing, SMARTy Lab and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

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Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of our Technologies.

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Acceptable Use and SmartyLab’s Enforcement Rights

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You agree not to use our technologies in ways that:

  • Violate, misappropriate, or infringe the rights of SMARTy Lab, our clients, our client’s users, or others, including privacy, publicity, intellectual property, or other proprietary rights;

  • Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;

  • Involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating someone; or

  • Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the technologies, services or content;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

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You may not use the technologies if you are in, under the control of, or a national or resident of any other country subject to sanction lists and other law / regulatory enforcement lists.

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Termination

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We may terminate your support of the Technologies, at our sole discretion, at any time and with preliminary notification regarding the termination reason and providing reasonable time to eliminate User’s inconsistencies with the terms of using the Services. You may stop using our Technologies at any time. 

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Warranty Disclaimers

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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICE ON THIS WEB SITE  IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTy Lab SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SMARTy Lab DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE TECHNOLOGIES AND SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

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Indemnity

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You will indemnify and hold harmless SMARTy Lab and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Technologies, Services or Content, (ii) your User Content, (iii) Third Party Materials, or (iv) your violation of these Terms. Nevertheless, SmartyPay shall be deemed responsible for any real duly documented damage caused intentionally or due to negligence.

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Limitation of Liability

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TO THE EXTENT NOT PROHIBITED BY LAW, SMARTy Lab SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE TECHNOLOGIES AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR FUNDS, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE BLOCKCHAINS, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF DIGITAL TOKEN OR DIGITAL ASSET. SMARTy Lab SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, NOT PROVIDED DIRECTLY BY SMARTy Lab OR SMARTy Lab’s CLIENTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SMARTY Lab HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SMARTy Lab SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO TECHNOLOGIES, SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED.

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Dispute Resolution

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Governing Law

These Terms and any action related thereto will be governed by the laws of England and Wales without regard to its conflict of laws provisions.

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General Terms

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These Terms constitute the entire and exclusive understanding and agreement between SMARTy Lab and you regarding the Technologies, Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SMARTy Lab and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

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Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services and/or through other electronic communication.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SMARTy Lab. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

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Confidentiality

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SMARTy Lab shall maintain the confidentiality of the Client’s credentials. SMARTy Lab is entitled to communicate the specified data only to the Client, competent public authorities and only in the cases provided for by the applicable legislation.

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Contact Information

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If you have any questions about these Terms or the Services, please contact us at support@smartylabs.io.

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