Terms and Condition - SmartComplyApp

SmartComplyApp Terms & Condition

1. THE SmartComplyApp PLATFORM

The SmartComplyApp Platform is an app-based compliance platform which provides ISO, PCIDSS etc compliance certification to its Users. “Clients” are businesses seeking to obtain ************************* DESCRIBE SERVICES IN DETAIL (“Services”) from the Company. Clients are hereinafter referred to as “Users.” The SmartComplyApp Platform enables connections to Users for the fulfilment of Services. SmartComply makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or services provided by, or the communications of or between, Users identified through the SmartComply Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

2. THE SMARTCOMPLY PLATFORM

NEITHER SMARTCOMPLY, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SMARTCOMPLY PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SMARTCOMPLY AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SMARTCOMPLY PLATFORM.

User Representations and Warranties

All Users represent and warrant that:

You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older), and are otherwise capable of entering into binding contracts
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
You have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy applicable to the country where the Service is performed;
When using or accessing the SmartComply Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

Users additionally represent and warrant that:

When using the SmartComply Platform, you are operating as a partnership, limited liability company, limited liability partnership, corporation or other business entity;
You have the unrestricted right to work in the jurisdiction in which you will be performing Services;
If the Service is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Services (including but not limited to professional qualifications required by Lawyers and Accountants to practice in their respective fields);
You have any and all insurance required to operate your business and provide your services; You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

3. USER CONTRACT

You acknowledge and agree that a legally binding contract with SmartComply (the “Service Agreement”) is formed when you agree on the terms of a Service. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of SmartComply.

4. BILLING AND PAYMENT

Users of the SmartComply Platform contract for Services directly with the Company. Client, and not SmartComply, is responsible for payment for all Service services through the SmartComply Platform.
To help prevent fraud and safeguard User information from the risk of unauthorized access, SmartComply and/or the PSP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the Service and expenses.
SmartComply reserves the right (but not the obligation) upon request from Client, or upon notice of any potential fraud, unauthorized charges or other misuse of the SmartComply Platform, to place on hold any Service Payment, (if applicable), or refund or provide credits, or arrange for the PSP to do so.
Users of the SmartComply Platform may be liable for any taxes or similar charges (including VAT, if applicable in the country where the Service is performed) required to be collected and/or paid on the Services and/or fees provided under the Agreement.
In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that SmartComply may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

5. ACCEPTABLE USE

The SmartComply Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Service postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the SmartComply Platform, you should not share your personal contact information with other Users.
Without limitation, the SmartComply Platform may not be used for any of the following purposes:

To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and SmartComply staff;
To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or SmartComply;
To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage SmartComply or its Users’ computers;
To advertise or offer to sell any goods or services for any commercial purpose through the SmartComply Platform which are not relevant to the Service;

5. ACCEPTABLE USE

To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and SmartComply staff;
To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or SmartComply;
To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage SmartComply or its Users’ computers;
To advertise or offer to sell any goods or services for any commercial purpose through the SmartComply Platform which are not relevant to the Service;

While using the SmartComply Platform, you may not:

Use the SmartComply Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Service in violation of local, state, provincial, national, or international law;
Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the SmartComply Platform, or the electronic addresses or personal information of others, in any manner;
Frame or utilize framing techniques to enclose the SmartComply Platform or any portion thereof;
Hack or interfere with the SmartComply Platform, its servers or any connected networks;
Adapt, alter, license, sublicense or translate the SmartComply Platform for your own personal or commercial use;
Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by SmartComply and Affiliates;
Solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the SmartComply Platform as set forth herein;
Collect usernames, email addresses, or other personal information of Users by electronic or other means;
Use the SmartComply Platform or the Service services in violation of this Agreement;
Use the SmartComply Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining SmartComply’s trade secret information for public disclosure or other purposes;
Attempt to circumvent the payments system or support fee in any way including, but not limited to, making or processing payments outside of the SmartComply Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
Cause any third party to engage in the restricted activities above; or
Use tools with the goal of masking your IP address (like the TOR network).

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. SmartComply will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

6. MOBILE APP UPDATES AND UPGRADES

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the SmartComply Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with SmartComply’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

7. MOBILE APP UPDATES AND UPGRADES

SmartComply may suspend your right to use the SmartComply Platform pending its investigation of a potential breach by you of this Agreement. SmartComply may deactivate your account or limit your use of the SmartComply Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). SmartComply will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety. If you wish to appeal this determination, please contact info@SmartComplyapp.com within 14 days of receipt of such notice with the grounds for your appeal.
If SmartComply suspends or deactivates your account or limits your use of the SmartComply Platform, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the SmartComply Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. SmartComply reserves the right to take appropriate legal action pursuant to the Agreement.
SmartComply reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the SmartComply Platform at its sole discretion. SmartComply will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, SmartComply shall not be liable to you for any modification or discontinuance of all or any portion of the SmartComply Platform. SmartComply has the right to restrict anyone from completing registration if such person may threaten the safety and integrity of the SmartComply Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the SmartComply Platform and deactivating your account.

8. ACCOUNT, PASSWORD, SECURITY, AND TELEPHONE COMMUNICATIONS

You must register with SmartComply and create an account to use the SmartComply Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by SmartComply for accessing the SmartComply Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. SmartComply has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify SmartComply immediately.
You acknowledge that telephone calls to or from SmartComply, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to SmartComply, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify SmartComply before the change goes into effect by visiting ……………………….. If the change regards ownership of your telephone numbers, you may notify SmartComply through their customer support email/number which can be found on the platform.

9. LINKS TO THIRD-PARTY WEBSITES

The SmartComply Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by SmartComply or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the SmartComply Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. SmartComply does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that SmartComply is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that SmartComply has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the SmartComply Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. SmartComply expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the SmartComply Platform. You hereby agree to hold SmartComply harmless from any liability that may result from the use of links that may appear on the SmartComply Platform.

10. INTELLECTUAL PROPERTY RIGHTS

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including SmartComply designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the SmartComply Platform is owned by SmartComply, excluding User Generated Content, which Users hereby grant SmartComply a license to use as set forth above. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. SmartComply owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the SmartComply Platform without SmartComply’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of SmartComply, including without limitation SmartComply, and associated logos, are service marks owned by SmartComply. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

11. CONFIDENTIAL INFORMATION

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of SmartComply and agree that you will not, for the lifetime of your account on SmartComply plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the SmartComply Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify SmartComply in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to SmartComply promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of SmartComply’s trade secrets, confidential and proprietary information, and all other information and data of SmartComply that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to SmartComply or SmartComply’s business, operations or properties, including information about SmartComply’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

12. DISCLAIMER OF WARRANTIES

The technology of the SmartComply platform is provided on an “as is” basis without warranties or conditions of any kind, either express or implied, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, good and workmanlike services, and non-infringement. SmartComply makes no warranties or representations about the accuracy or completeness of the content provided through the SmartComply platform or the content of any sites linked to the SmartComply platform and assumes no liability or responsibility in contract, warranty or in tort for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the SmartComply platform, (iii) any access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; and (iv) events beyond our reasonable control.
SmartComply does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the SmartComply platform or any hyperlinked website or featured in any banner or other advertising, and SmartComply will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. Without limiting the foregoing, SmartComply and Affiliates do not warrant that access to the SmartComply Platform will be uninterrupted or that the SmartComply Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the SmartComply Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Service, service, information or materials provided through or in connection with the use of the SmartComply Platform. SmartComply and Affiliates do not warrant that the SmartComply Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. SmartComply and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
A. No Liability
You acknowledge and agree that SmartComply is only willing to provide the SmartComply Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold SmartComply and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to you or any other party’s use of or inability to use the SmartComply Platform.
UNDER NO CIRCUMSTANCES WILL SMARTCOMPLY AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE SMARTCOMPLY AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SMARTCOMPLY PLATFORM EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
SMARTCOMPLY AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SMARTCOMPLY PLATFORM. SMARTCOMPLY AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SMARTCOMPLY PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SMARTCOMPLY AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO SMARTCOMPLY, DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

13. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless SmartComply and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the SmartComply Platform; (ii) your participation in Services , or your ability or inability to perform or obtain the performance of Services or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties; SmartComply reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of SmartComply.

14. DISPUTE RESOLUTION

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the SmartComply Platform, your relationship with SmartComply, Services , or this Agreement (including previous versions), ( “Dispute” ), you and SmartComply agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement ( such as mediation or arbitration). The decision of an arbitration panel shall be final. (except as may be set forth hereafter). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to SmartComply.

Attention: Smart Comply Ltd

Email: info@smartcomplyapp.com

15. APP STORE/PLAY STORE-SOURCED APPS

The following applies to any App accessed through or downloaded from the Apple/Google App Store/Play store (an "App Store/Play store-Sourced Application"):
You acknowledge and agree that (i) the Agreement is entered into between you and SmartComply only, and Apple/Google is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) SmartComply, not Apple/Google, is solely responsible for the App Store/Play store-Sourced Application and content thereof. Your use of the App Store/Play store-Sourced Application must comply with the App Store/Play store Terms of Service.
You acknowledge that Apple/Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store/Play store-Sourced Application.

16. NO AGENCY; NO EMPLOYMENT

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

17. GENERAL PROVISIONS

Failure by SmartComply to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and SmartComply with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in this Agreement. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) SmartComply shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace SmartComply for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section shall be null and void. This Agreement will inure to the benefit of SmartComply, its successors and assigns. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the SmartComply Platform.

18. CHANGES TO THIS AGREEMENT AND THE SMARTCOMPLY PLATFORM

SmartComply reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the SmartComply Platform or any content or information through the SmartComply Platform at any time, effective with or without prior notice and without any liability to SmartComply. SmartComply may also impose limits on certain features or restrict your access to part or all of the SmartComply Platform without notice or liability.
SmartComply will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the SmartComply Platform. Your continued use of the SmartComply Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

19. NO RIGHTS OF THIRD PARTIES

The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.

20. NO RIGHTS OF THIRD PARTIES

21. NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICALLY

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the SmartComply Platform, please contact us by email at info@smartcomplayapp.com

22. CONSENT TO ELECTRONIC SIGNATURES

By using the SmartComply Platform, you agree to transact electronically through the SmartComply Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.