AvatarIQ Terms and Conditions

Terms Of Use

Last Updated: 06/15/2024

Welcome to this Website, a service of SMAR7 Apps, LLC doing business as Skup (collectively, “Company,” “we,” or “us”).  Please read these Terms of Use (“Terms”) before you use this Website. These Terms apply to Company’s Website, at https://avatariq.ai/ (“Website”).  By using this Website, you agree to these Terms. We may change these Terms from time to time. We will provide notice of any material changes by posting on the Website.  Modifications shall become effective immediately upon being posted at Website. By using or accessing the Website in any way, or viewing or browsing the Website, you are agreeing to be bound by these Terms.

The purchase of certain products and services provided through the Website are facilitated by ThriveCart LLC. They provide us with the online e-commerce platform that allows us to sell some of our products and services to you. By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms.

1. Privacy

Company respects the privacy of our visitors to and users of this Website. To understand how Company collects and uses information from this Website, please review our Privacy Policy, which may be found here: https://avatariq.ai/privacy-policy.

2. Services Overview

SMAR7 Apps LLC provides (yet is not limited to) Applications to help you run your Shopify Stores. Our Applications can help you create new products, optimize descriptions of products in your store, create images and mockups, and assist in language for use in ad copy.SMAR7 Apps LLC also provides training to help you with the usage of our Applications.. Training may include things such as how to define customer avatars, how to word inputs for use with AI systems, improving how you utilize advertisements, and bringing the desired visitors to your store.

3. ONLINE PURCHASES

By agreeing to these Terms, you represent that you are at least 18 years old, or at least the age of majority in your state or province of residence.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

4. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by Company.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

The information contained on the Website should not be considered, and does not constitute, financial, legal, or other form of advice of any kind whatsoever, and earnings success, whether made by testimonials or other types of claims, cannot be assured based on prior events or results. The information is not specific to you or your situation. You should not make any decision, financial or otherwise, based on any of the information presented on this Website without undertaking independent due diligence and seeking professional advice. You understand that you are using any and all information available through this Website at your own risk. Company does not make any guarantee or other promise as to any results that may be obtained by using our content. This Website may not be updated daily, and certain information may not be the most current information available, though we may post follow-up information and reports. Before you act on information you’ve found on our Website, you should independently confirm any facts that are important to your decision.

6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Some of the material appearing on this Website may be provided by other users. Company does not claim ownership of any material that users submit or post on this Website. By using this Website to submit or post material, you (i) warrant that the material, and its posting, complies with the provisions of these Terms and other terms and policies applicable to this Website, (ii) consent to, license, and authorize Company, its agents, suppliers, and affiliates to store, reproduce, use, publish, distribute, and display the content and/or material on a worldwide, perpetual, irrevocable, royalty free, and transferable (including the ability to sublicense) basis, (iii) warrant that you have the right to provide this authorization, and (iv) warrant that the material does not violate or infringe any third party’s intellectual property, proprietary, privacy, or other rights.

7. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8. CONTENTS

You are solely responsible for any information that you submit or post on this Website. The results generated by the Company’s proprietary apps, created by  your specific information submitted in the process of using any individual app, will be the intellectual property of you, the user and owner of the account by which the apps were used. The Company makes no claim to the output, nor its legality or compliance in use commercially. By using this Website, you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this Website or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these Terms.

We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this Website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this Website.

9. FEEDBACK

We invite you to send in your questions or comments about this Website, or to bring to our attention any material you believe to be inaccurate. You may communicate with us via email at support@smar7apps.com. Company does not solicit, and does not want to receive, submissions containing product, service or other business ideas of any kind unless expressly indicated in a promotional or other offering. If we receive these submissions, we will deem them to be submitted on a non-confidential basis and they will become the sole property of Company. Company may, in its sole discretion, perpetually and irrevocably reproduce, use, publish, modify, disclose, distribute, or otherwise use these submissions in any way and for any purpose, without payment of a royalty or other compensation to you. All these uses by Company shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any of these submissions, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.

10. REFUND POLICY

We want to make sure that you’re completely satisfied with your products & get the best possible results from our services. We have a standard refund policy in place for all products created by Company.

• Refunds will be issued in the following situations:

We have a 30-day satisfaction guarantee in place for all Company products UNLESS a different policy is stated on a specific sales page.

If, for any reason, you would like a refund within the allotted window, you may create a support ticket requesting a refund. If you meet the requirements for that product, we will grant your request with a full refund. Outside of the refund time window, or if you do not meet the requirements for the product purchases, we will only issue refunds for technical or compatibility issues that cannot be fixed by our team first, or on a per-case basis.

• All Company customers agree to our cancellation policy:

In order to cancel any monthly subscriptions with Company you must create a support ticket requesting to cancel your account.

• The following do not constitute refunds outside of the 30-day window:

If you fail to use the product or if you do not receive or recognize the results you are expecting, we cannot guarantee success for our products. It’s up to you to put this information into action.

With that said, we want to always make sure you are satisfied with your purchase, so if you have any questions or concerns please let us know at support@skup.net

11. Copyright and trademark information

All content included or available on this Website, including Website design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by Company in 2017 (© 2017 Smar7 Apps, LLC.) with all rights reserved, and is the property of Company protected by intellectual property rights. Any use of materials on this Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic devices, or manual process to monitor or copy this web pages or the content contained therein.

The content may not be used in connection with any product or service that is not provided by Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Market-Connections.

Company trademarks displayed on this Website, such as the Company’s logo and design, are registered trademarks and/or service marks of Company or its subsidiaries. Other trademarks appearing on this Website or other Company sites linked to from this Website are the property of Company or their respective owners.

12. LINKING

Company is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others, including those to whose Websites we link. A link to another Website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Company or its licensors.

We welcome links to our Website. You are free to establish hypertext links to this site so long as the links do not state or imply any affiliation, connection, sponsorship, or approval of you, your enterprise, or your site by Company. We do not permit framing or inline linking to our Website or any portion of it.

13. ORDERING PRODUCTS AND SERVICES

You may order certain Company products and services through this Website. All orders you make through this Website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this Website.

14. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.

15. TERMINATION

Company reserves the right at any time to terminate your use of this Website if you fail to comply in full with these Terms, or any other terms, agreements, or policies that apply to this Website and the use of it. Company also reserves the right to discontinue this Website at any time for any reason.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of these Terms or use of this Website by you. Your indemnification obligation shall survive the termination of these Terms. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Company in connection with our defense.

17. DISCLAIMER OF WARRANTIES AND LIABILITY

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

THIS WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” COMPANY AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL COMPANY (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF COMPANY AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF COMPANY (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY FOR THE USE OF THE WEBSITE.

18. MISCELLANEOUS

To obtain access to certain services on our Website, you may be required to register. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. Company reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.

At certain places on this Website there may be additional or other terms and policies that apply to your use of this Website and the services on it. By using the Website or those services, you agree to abide by those terms and policies. We may change those terms and policies from time to time. By continuing to use the Website after we post any changes, you accept and agree to those terms and policies, as modified.

19. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

20. GOVERNING LAW

This Website is operated and provided in the State of Florida. As such, it is subject to the laws of the State of Florida, and such laws will govern this Agreement, without giving effect to any choice of law rules. Company makes no representation that its Website or other Services are appropriate, legal, or available for use in other locations. Should a dispute arise out of these Terms, you consent to the jurisdiction of federal and state courts within the State of Florida. In addition, you consent to the venue of the State of Florida, in any action brought against you in connection with any breach of these Terms. You consent to electronic service of process, if available, regarding actions under this Agreement.

If you have any questions regarding these Terms, you may contact us at support@smar7apps.com.

 

Privacy Policy

LAST UPDATED: June 15, 2024

Welcome to this Website, https://avatariq.ai, a service of Smar7 Apps, LLC doing business as Skup (collectively, “Company,” “we,” or “us”). This Privacy Policy is important – please read it carefully. By accessing the Website and/or utilizing the services offered through the Website, you are agreeing to the terms of this Privacy Policy.

• Our Privacy Policy explains how we and some of the companies we work with collect, use, share and protect information in relation to our mobile services, website, and any software provided on or in connection with Company services (collectively, the “Services”), and your choices about the collection and use of your information.
• We employ other companies and individuals to perform functions on our behalf (“Service Providers”). They have access to your information needed to perform their functions, but may not use it for other purposes.
• This Privacy Policy applies to Website visitors, customers, users, and others who access the Services, as well as third-party businesses, and Company’s Service Providers (“Users,” “yourself,” or “you,”). This Policy applies equally to all parties unless indicated otherwise in a particular section.
• By using our Services, you understand and agree that you may be able to share information about yourself and/or the Services provided for you by the Company, in doing so, you may share comments, messages, marketing materials, and information about your property, photos, and other materials (“User Content”), to the Service.

1. INFORMATION WE COLLECT

Depending on which Services you use, we collect different kinds of information from or about you.

Things you do and information you provide.

Many of the Company Services require you to create a profile. When you create a profile, we collect the content and other information you provide when you use our Services, including when you sign up for an account – this may include personal or private information you share and provide, such as your name or business name, address, telephone number, and email address(es). Additionally, the collected information may include information in or about the content you provide and the communications you send and receive, such as the date a file was created or where you were when you sent or viewed a message. We also collect information about how you use our Services, such as the types of content you create, send, view or engage with, or the frequency and duration of your activities.

Things others do and information they provide.

We collect content and information that other people, customers, users, visitors, Service Providers, or third-party businesses provide when they use our Website and/or Services.

Information about payments.

If you use our Services for purchases or financial transactions, we will utilize a Service Provider to process that payment and will collect information about the purchase or transaction. This includes your payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping and contact details.

Device information.

We collect information from or about the computers, phones, or other devices where you install or access our Services. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:

• Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.
• Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.
• Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
• When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Company.

Information from websites and apps that use our Services.

We collect information when you visit or use third-party websites and apps that use our Services. This includes information about the websites and apps you visit, your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to you or us.

Information from third-party business partners.

For Company visitors, customers, Users, and others who access the Service: we receive information about you and your activities on and off Company from third-party business partners and Service Providers, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.

Cookies and similar technologies.

When you visit or use the Website and/or Services, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Company and provide features to you.

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognize your browser and to provide certain features associated with our company.

We may ask Service Providers or other third-party business partners to provide services or advertisements to your devices, which may use cookies or similar technologies placed by Company or the third-party business partners.

Follow the instructions provided by your web browser or mobile browser (usually located within the “Help”, “Tools” or “Edit” facility) to modify your cookie settings. Please note that if you set your browser to disable cookies or other technologies.

Please note, that if you modify your cookie settings, you may not be able to access certain parts of our Service and other parts of our Service may not work properly.

Ownership of Information.

Company is the sole owner of the information collected through the Website and Services, which includes:

• Your username, password and e-mail address(es) when you register for an account or create profile through a Service.
• Profile information that you provide for your user profile (e.g., first and last name, picture, phone number, e-mail address) including your family members.
• Communications between you and Company. For example, Company may send you emails related to the Services or Websites (e.g., account verification, changes/updates to features of the Website(s), technical and security notices). Note that you may not opt out of these e-mails.
• Communications between you and others Users utilizing the Company Services. For example, while using Company, you may be able to communicate with other Users about a transaction, business, interest, service, idea, etc. Company will collect and is the sole owner of those communications. Note that you may opt out of these communications at anytime.

2. HOW WE USE THE INFORMATION WE COLLECT

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we collect to:

• help you efficiently access your information after you sign in
• remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
• provide, improve, test, and monitor the effectiveness of our Service
• develop and test new products and features
• monitor metrics such as total number of visitors, traffic, and demographic patterns
• diagnose or fix technology problems
• automatically update the Company application on your device
• When we have location information, we may use it to tailor our Services for you and others in your area.

Communicate with you.

We use your information to send you communications, communicate with you about our Services and let you know about our policies and terms. In certain instances, Company may also send you notifications on behalf of third-party businesses or Service Providers. You may opt-out of these messages from third-party businesses and decide what third-party businesses may communicate with you on their own or through Company. We also use your information to respond to you when you contact us.

Promote safety and security.

We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account using automated systems and advanced technology such as encryption and machine learning.

3. SHARING OF YOUR INFORMATION

We will not rent, lease, or sell your information to third-parties outside Company without your consent, except as noted in this Policy.

Parties with whom we may share your information.

We may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.

Business Transfers: As we continue to develop our business, we might sell or buy other companies or business units. If we should do so, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (including this one), unless, of course, the customer consents otherwise. Also, in the unlikely event that another company acquires us, or substantially all of its assets, that company most likely would want to acquire our customer information.

However, except as stated in this Policy, these actions do not include selling, renting, sharing or otherwise disclosing your User content, information, personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

Responding to legal requests and preventing harm.

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.

4. HOW WE STORE YOUR INFORMATION

Storage, Security, and Processing.

Your information collected through the Service may be stored and processed in the United States or any other country in which Company or its Service Providers maintain facilities.

Company or its Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Company or its Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

We use commercially reasonable safeguards to help keep the information collected through the Service secure. However, Company cannot ensure the security of any information you transmit to Company or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Company, at all times. We are not responsible for the functionality, privacy, or security measures of any other organization.

5. YOUR CHOICES ABOUT YOUR INFORMATION

Your account information and profile/privacy settings.

Update your account at any time by logging in and changing your profile settings.

Stop receiving communications from Company or third-party business by modifying your account settings. Unsubscribe from email communications clicking on the “unsubscribe link” provided in such communications. You may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).

How long we keep your User Content.

Following termination or deactivation of your account, Company, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.

6. CHILDREN’S PRIVACY

Company does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 18. In the event that we learn that we have collected personal information from a child under age 18 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us.

7. OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

8. CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits members of the Services(s) who are California residents to request certain information regarding the disclosure of any personal information to third parties for their direct marketing purposes. Whether you live in California or not, to make such a request, please send an e-mail to support@smar7apps.com

9. RESIDENTS OF THE E.U. AND THE GENERAL DATA PROTECTION REGULATION (“GDPR”)

All residents of the European Union (“EU”) or the European Economic Area (“EEA”) now have certain rights protected and preserved by the GDPR. These rights include requesting access, correcting, updating, deleting or limiting the use to your personal data that is collected by Company (detailed above, section 1). If you are a direct customer to Company, or a “merchant” using our services, and you wish to exercise the rights aforementioned, you may contact us as detailed below. If you are a customer to a merchant that may be using our services to handle any of your information and wish to exercise the rights aforementioned, you may contact us as detailed below and we will send your request to said merchant to facilitate any data handling necessary, but cannot confirm when the request will be fulfilled as we do not manage all data the merchant may be in possession of.

All data collected by Company is the minimum needed to fulfill business needs of our customers (“merchants”). The data we store is used to process requests and preserve the full functionality of our services, seen as tools by our customers, to facilitate their business operations. Should any customer opt-out or limit the data that Company is retaining, Company cannot guarantee full functionality of any or all services offered.

You may see the full data our applications collect by clicking here

Should a user or customer present themselves as being under the age of consent in the EU — 16 years old — then Company is unable to retain any data on a said person without parental or guardian consent.

10. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at: support@smar7apps.com

11. CHANGES TO OUR PRIVACY POLICY

Company may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of Company or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.