Last Updated: May 2, 2024

Please read these Terms and Conditions ("Terms") carefully before using the Smartgenix, Inc. ("Smartgenix," "we," "us," or "our") software, services, and website (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

License to Use the Services

Subject to your compliance with these Terms, Smartgenix grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal or internal business use. You may not sell, sublicense, or distribute the Services, in whole or in part, to any third party.

Account Registration

To access certain features of the Services, you may need to create an account. You must provide accurate and complete information and keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.

Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services. You may not attempt to gain unauthorised access to the Services or any related systems or networks.

Intellectual Property Rights

All intellectual property rights in the Services, including copyrights, trademarks, trade secrets, and patents, are the property of Smartgenix or its licensors. You agree not to copy, modify, reproduce, distribute, or create derivative works from the Services or any content provided by Smartgenix, except as expressly permitted by these Terms.

User Content

You may submit content to the Services, such as comments, feedback, or suggestions ("User Content"). By submitting User Content, you grant Smartgenix a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and sublicensable license to use, copy, modify, distribute, display, and create derivative works from your User Content for any purpose.

Termination

We may terminate or suspend your access to the Services at any time, without notice, for any reason, including, without limitation, if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis. Smartgenix disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Smartgenix does not warrant that the Services will be uninterrupted, secure, or error-free.

Limitation of Liability

To the maximum extent permitted by law, Smartgenix and its affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, or goodwill, arising from your use of the Services, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Smartgenix and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Services or your breach of these Terms.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State in which Smartgenix is registered, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State in which Smartgenix is registered for the resolution of any disputes arising out of or relating to these Terms or the Services.

Changes to These Terms

Smartgenix reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Services constitutes your acceptance of any changes to these Terms. We encourage you to periodically review these Terms to stay informed of any updates.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Waiver

No failure to exercise, and no delay in exercising, on the part of Smartgenix, any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

Assignment

You may not assign, transfer, or delegate your rights and obligations under these Terms without the prior written consent of Smartgenix. Smartgenix may freely assign or delegate its rights and obligations under these Terms without restriction.

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Smartgenix concerning your use of the Services and supersede all prior agreements, representations, and understandings between you and Smartgenix.

Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Smartgenix, Limited Email: privacy@smartgenix.com