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Terms of Service

Introduction

Welcome to SMAX.AI, a dynamic platform committed to enhancing your business's interaction capabilities through innovative technological solutions. Our services are crafted to streamline your operations, boost productivity, and deliver exceptional value. By utilizing our platform, you enter into a binding agreement with SMAX.AI, acknowledging your understanding and acceptance of these terms and conditions.

These Terms of Service are designed to ensure a clear, secure, and effective interaction with our platform. They outline your rights and responsibilities as a user while detailing our commitments to providing you with top-notch services. It's crucial to thoroughly review these terms to fully comprehend the scope of our offerings and the framework within which we operate.

Understanding these terms will help you navigate our services effectively, ensuring a harmonious relationship between you and SMAX.AI. Our commitment to transparency and user satisfaction is paramount, and these terms are integral to fostering trust. Should you have any inquiries or require clarification, our support team is readily available to assist you.

Acceptance of Terms
Modifications to Terms
Eligibility and Account Registration
User Responsibilities
Prohibited Activities
Fees and Payment Terms
Intellectual Property Rights
Third-Party Services
Limitation of Liability
Indemnification
Termination and Suspension
Governing Law and Dispute Resolution
Changes to the Services
Contact Information

1.Acceptance of Terms

By accessing and using the SMAX.AI platform and its services, you agree to be bound by these Terms of Service. This agreement establishes a legal contract between you (the user) and SMAX.AI. If you do not agree with any part of these terms, you must refrain from using our services.

Your acceptance of these terms is evidenced by your continued use of the platform, and it applies to all users, including those who may not have created an account. By accepting these terms, you confirm that you have the legal authority to enter into this agreement on behalf of yourself or the entity you represent.

SMAX.AI may amend these terms from time to time to reflect changes in our services, policies, or applicable laws. It is your responsibility to review the terms periodically. Your continued use of the platform following any changes signifies your acceptance of the updated terms. If you have any questions or concerns regarding these terms, please contact our support team for clarification.

Binding Agreement: By accessing or using SMAX.AI services, you agree to be bound by these Terms of Service and any additional terms referenced herein. This agreement applies to all users, including visitors, registered users, and those accessing the services on behalf of an organization.
Electronic Acceptance: Your electronic acceptance of these terms, whether by clicking “I accept,” accessing the platform, or similar actions, constitutes your binding agreement to the terms. No physical signature is necessary to enforce the agreement.
Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction to use SMAX.AI services. By accepting these terms, you affirm that you meet this age requirement.

1.1 Updates and Modifications

Changes to Terms: SMAX.AI reserves the right to modify these terms at any time. Any changes will be communicated via email, platform notifications, or updates to our website. Continued use of the services after modifications signifies acceptance of the new terms.
Review Responsibility: It is your responsibility to regularly review the terms to stay informed about any updates. If you do not agree with the modified terms, you must discontinue using the services.

1.2 Scope and Application

Global Applicability: These terms apply universally to all users, regardless of geographical location. However, specific provisions may vary based on regional laws and regulations.
Comprehensive Agreement: These terms, along with any policies, guidelines, or additional agreements referenced within, constitute the entire agreement between you and SMAX.AI regarding your use of the services.

1.3 Termination of Agreement

Voluntary Termination: You may terminate this agreement at any time by ceasing to use SMAX.AI services and notifying us of your decision. Termination does not relieve you of any obligations incurred prior to the termination.
Involuntary Termination: SMAX.AI reserves the right to terminate or suspend your access to the services if you violate these terms or engage in activities that harm the platform or its users.

By acknowledging these terms of acceptance, you consent to all the rules and conditions outlined for the usage of SMAX.AI. Please contact our support team if you have questions or require further clarification regarding these terms.

2. Modifications to Terms

SMAX.AI reserves the right to modify or update these Terms of Service at its discretion. We may make adjustments to reflect changes in our technology, business practices, regulatory requirements, or for other operational reasons. Any modifications will be effective immediately upon posting the revised terms on our platform.

2.1 Reasons for Modifications

Regulatory Compliance: Changes in laws or regulations may necessitate updates to ensure SMAX.AI remains compliant with legal requirements across different jurisdictions.
Service Enhancements: As our services evolve, terms may need adjustments to reflect new features, functionalities, or changes in service delivery.
User Feedback: Constructive feedback from users may lead to changes aimed at improving clarity, usability, or addressing specific user concerns.

2.2 Notification of Changes

Advance Notice: Whenever feasible, SMAX.AI will notify users of significant changes to the terms before they take effect. Notifications may be sent via email, in-platform alerts, or through updates on our website.
Immediate Updates: In urgent situations, such as immediate compliance requirements or security concerns, modifications may be enacted without prior notice, followed by prompt communication.

2.3 User Responsibility

Regular Review: It is your responsibility to regularly review the Terms of Service to stay informed about any updates. The most current version will always be available on our website.
Continued Use: By continuing to use SMAX.AI services after modifications have been made, you indicate your acceptance of the updated terms. If you disagree with any changes, you must discontinue using the services immediately.

2.4 Dispute Resolution

Feedback and Inquiries: Users are encouraged to contact SMAX.AI with questions or feedback regarding any changes. Our support team is available to address any concerns and provide clarifications.
Conflict Resolution: If you believe a modification adversely impacts your use of the platform, the dispute resolution process outlined in our Terms will be followed to address your concerns.

2.5 Legal Applicability

Binding Agreement: Modifications to the terms are binding and enforceable as part of your continued agreement with SMAX.AI. All changes are integrated into the existing agreement without requiring a separate acknowledgment.

By understanding these procedures for modifying terms, you are better equipped to stay informed and compliant with SMAX.AI's evolving service conditions. Should you have any questions or require further assistance, please do not hesitate to reach out to our support team.

3. Eligibility and Account Registration

To utilize SMAX.AI's services, users must satisfy specific eligibility conditions. You affirm that you are either at least 18 years old or the age of legal majority in your place of residence, granting you the capacity to enter into binding legal agreements. If you are accessing or using the platform on behalf of an organization, business, or other entity, you warrant that you have the authority to bind that entity to these Terms of Service.

Account Registration

Information Accuracy: When creating an account, you agree to provide accurate, truthful, and complete information as requested by our registration forms. This information is crucial for delivering personalized services and ensuring compliance with our security protocols.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials. You agree to notify SMAX.AI promptly if you suspect any unauthorized access to or use of your account. We recommend adopting strong, unique passwords and updating them regularly to safeguard your account.
Account Management: Users are accountable for all activities conducted through their accounts. SMAX.AI reserves the right to monitor and review your account activity to ensure compliance with these terms and to protect the integrity of our platform.
Communication Preferences: By registering, you consent to receive communications from SMAX.AI related to your account and the services provided. These may include transactional emails, service updates, and notices pertaining to modifications of these terms or our services.
Account Suspension/Termination: SMAX.AI reserves the right to suspend or terminate accounts found to be in violation of our terms or engaged in prohibited activities. This includes, but is not limited to, providing false information, violating third-party rights, or conducting illegal activities through the platform.

If you need assistance with your account registration or have any questions regarding your eligibility, our support team is available to provide guidance and ensure a smooth user experience.

4. User Responsibilities

4.1 Compliance with Laws and Regulations

Adherence to Legal Requirements: You must comply with all applicable local, national, and international laws and regulations when using SMAX.AI. This includes ensuring that your use of the platform does not violate any laws related to data protection, privacy, intellectual property, and consumer protection.

4.2 Accurate Representation

Truthful Information: You are responsible for providing and maintaining accurate and truthful information in your account and any interactions on the platform. Misrepresentation of any kind can result in the suspension or termination of your account.

4.3 Use of Services

Permitted Use: You must use the services provided by SMAX.AI in a manner that is lawful, appropriate, and as intended by the platform. Any misuse, such as unauthorized access, attempts to interfere with the platform's functionality, or use of the platform for unintended purposes, is strictly prohibited.
Security Measures: You are responsible for maintaining the security of your account by safeguarding your login credentials and monitoring your account activity. Promptly report any suspicious activity or security breaches to SMAX.AI.
Respectful Engagement: You are expected to interact respectfully with other users and SMAX.AI staff. Harassment, abusive language, and any form of discrimination are not tolerated and can lead to actions against your account.
Content Ownership and Responsibility: Any content you upload, share, or otherwise make available on SMAX.AI remains your responsibility. Ensure that you have the necessary rights to use such content and that it does not infringe on the rights of third parties.

4.4 Ethical Conduct

Fair Usage: Use our services ethically and without attempting to exploit, disrupt, or compromise the platform's performance or security protocols. Do not engage in activities such as spamming, phishing, or spreading malware.
Feedback and Reporting: Contribute to the continuous improvement of SMAX.AI by providing constructive feedback and promptly reporting any issues or concerns you encounter.

By adhering to these responsibilities, you contribute to a positive and reliable experience for all SMAX.AI users. Failure to comply with these responsibilities may result in restricted access, suspension, or termination of your account. Our support team is available to assist if you have any questions or require further guidance on fulfilling your user responsibilities.

5. Prohibited Activities

To maintain a secure and productive environment, SMAX.AI prohibits certain activities that could harm the platform, its users, or its reputation. Engaging in any of the following activities is strictly forbidden and may result in account suspension, termination, or legal action.

5.1 Unauthorized Access and Use

Hacking and Security Breaches: Attempting to gain unauthorized access to our systems, servers, or data, including bypassing security measures, is prohibited. This includes hacking, password mining, or any form of data breach.
Unauthorized Account Use: Accessing or attempting to access another user's account without permission is forbidden. Each user is responsible for the security of their own account credentials.

5.2 Service Disruption

Interference with Services: Engaging in activities that disrupt or interfere with the SMAX.AI platform, such as introducing viruses, worms, or other harmful software, is not allowed. This includes any efforts to overload, flood, or crash the system.
Automated Use: Using bots, scripts, or any automated processes to access, copy, or monitor our services without our prior written consent is prohibited.

5.3 Malicious Activities

Infringing Content: Uploading or sharing content that infringes upon the intellectual property rights of others, including copyrighted material without permission, is not permitted.
Spamming and Phishing: Sending unsolicited messages, advertisements, or phishing attempts through our platform is strictly forbidden. Users must not engage in any activity that involves fraud or deception.

5.4 Misuse of Information

Data Mining and Harvesting: Collecting or harvesting any personal data from the SMAX.AI platform without proper authorization is prohibited. This includes any form of web scraping or data extraction.
Misrepresentation: Impersonating SMAX.AI, its employees, other users, or any other entity without proper authorization is strictly forbidden.

5.5 Ethical Violations

Harassment and Abuse: Engaging in or promoting any form of harassment, abuse, or discrimination against other users or SMAX.AI staff, based on race, gender, religion, nationality, disability, sexual orientation, or any other status, is not tolerated.
Illegal Conduct: Using the platform for any illegal activities, including but not limited to, promoting or facilitating illegal activities, is strictly prohibited.

By adhering to these guidelines, you ensure a safe and respectful environment for all users. Violations of these prohibited activities can lead to immediate suspension or termination of access to SMAX.AI services, and may also result in legal consequences. If you witness or experience any prohibited activities, please report them to our support team for appropriate action.

6. Fees and Payment Terms

The use of certain SMAX.AI services may be subject to fees. Understanding our fee structure and payment terms is essential for clear financial management and continued access to the services provided.

6.1 Fee Structure

Subscription Plans: SMAX.AI offers various subscription plans with different features and pricing. You are required to select a plan that suits your needs and agrees to pay the associated fees.
Usage-Based Charges: There are addons will incur additional charges based on usage per month. These could include fees for exceeding certain limits or using premium features not covered by your subscription.
Promotional Pricing: From time to time, SMAX.AI may offer promotional pricing or discounts. These offers are subject to specific terms and conditions, which will be communicated at the time of the offer.

6.2 Payment Terms

Billing Cycle: Fees for subscription plans are typically charged on a recurring basis, such as monthly or annually, depending on the plan chosen. You agree to be billed at the start of each billing cycle. For lifetime plan, you don't have to pay every month or annual.
Payment Methods: SMAX.AI accepts several payment methods, including credit cards, debit cards, and other payment gateways. You must provide valid and up-to-date payment details at the time of subscription.
Automatic Renewal: Subscriptions may automatically renew at the end of each billing cycle unless canceled prior to the renewal date. You authorize SMAX.AI to charge the applicable fees using the payment method on file.

6.3 Late Payments and Defaults

Failed Transactions: If a payment fails or is declined, SMAX.AI may attempt to process the payment again. You will be notified of any failed transactions and must ensure that your payment method is updated to avoid service disruptions.
Late Fees: Late payments don't incur additional charges. Continued non-payment may result in inactivation or termination of your account and access to services.

6.4 Cancellations and Refunds

Cancellation Policy: You may cancel your subscription at any time. Cancellations will take effect at the end of the current billing cycle, and you will not be charged for the subsequent cycle.
Refunds: Fees paid are generally non-refundable. However, exceptions may be made at SMAX.AI's discretion in cases of service errors or other extenuating circumstances.

6.5 Changes to Fees

Fee Adjustments: SMAX.AI reserves the right to change its fee structure and payment terms. Any changes will be communicated in advance, providing you with the option to continue with the new terms or cancel your subscription.

By understanding and agreeing to these fees and payment terms, you ensure uninterrupted access to SMAX.AI's services. If you have any questions regarding billing or require assistance with payment issues, please contact our support team for help.

7. Intellectual Property Rights

SMAX.AI is dedicated to protecting the intellectual property rights of its content, technology, and services, as well as respecting the rights of other creators and users. Understanding these rights is fundamental to ensuring a lawful and respectful interaction with the SMAX.AI platform.

7.1 Ownership and Protection

SMAX.AI's Intellectual Property: All content on the SMAX.AI platform, including but not limited to software, algorithms, designs, text, logos, graphics, videos, and other materials, is the intellectual property of SMAX.AI or its licensors. These are protected by copyright, trademark, and other intellectual property laws.
Trademarks: The SMAX.AI name, logo, and any related names, logos, product and service names, designs, and slogans are trademarks of SMAX.AI or its affiliates. You must not use these marks without prior written permission from SMAX.AI.

7.2 User-Generated Content

User Content License: By submitting, posting, or displaying content on or through SMAX.AI, you grant SMAX.AI a worldwide, non-exclusive, royalty-free, transferrable, and sublicensable license to use, reproduce, modify, publish, and distribute such content as necessary to provide the services.
User Content Responsibility: You represent and warrant that you own or have the necessary rights and permissions to use and authorize SMAX.AI to use all content you post. You are solely responsible for your content and the consequences of its posting.
Prohibited Content: You must not post or upload content that infringes on the intellectual property rights of others. If such content is found or reported, it will be removed, and your account may be subject to further actions.

7.3 Respecting Third-Party Rights

Copyright Infringement Claims: SMAX.AI respects the intellectual property rights of others and expects users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our designated agent with detailed information for us to investigate the claim.
Third-Party Materials: SMAX.AI may include third-party software or materials. These are subject to additional terms and conditions, which will be provided by the third parties involved. It is your responsibility to comply with those terms.

7.4 Limitations

Restrictions on Use: You must not copy, modify, distribute, sell, or lease any part of our services or software, nor may you reverse engineer or attempt to extract the source code without express permission from SMAX.AI exept agency purposes which had registered to us in advance .
Feedback and Suggestions: Any feedback, comments, or suggestions you may provide for improving SMAX.AI are voluntary and will not create any proprietary rights for you.

By respecting these intellectual property rights, you contribute to a responsible and innovative community. If you have questions or concerns about intellectual property rights related to SMAX.AI, please contact our support team for assistance

8. Third-Party Services

SMAX.AI may integrate with or provide access to various third-party services to enhance your experience on the platform. Understanding how these third-party services interact with our platform is essential for navigating these relationships effectively.

8.1 Integration and Access

Service Integration: SMAX.AI may offer integrations with third-party services to facilitate additional features or functionalities. These integrations are designed to provide enhanced capabilities, streamline workflows, or add value to your user experience.
Access to Services: Access to third-party services through SMAX.AI may require you to have an account with the third-party provider. You are responsible for complying with their terms of service, privacy policies, and any other conditions they impose.

8.2 Responsibility and Liability

Third-Party Content and Functionality: SMAX.AI does not own, control, or take responsibility for any third-party content or functionalities made available through our platform. The third-party provider is solely responsible for the content and services they provide.
Reliability and Performance: While we strive to offer robust integrations, SMAX.AI does not guarantee the availability, reliability, or performance of third-party services. Any disruptions, errors, or issues with third-party services are the responsibility of the third-party provider.

8.3 User Conduct and Compliance

User Data and Privacy: When using third-party services, your data may be shared with or processed by the third-party provider. It is crucial to review and understand their privacy policies to know how your data will be used and protected.
Compliance with Terms: Your use of any third-party services must comply with the terms and conditions set forth by the respective provider. SMAX.AI is not responsible for any violations of third-party terms that occur through your use of such services.

8.4 Indemnity and Support

Indemnification: You agree to indemnify and hold SMAX.AI harmless from any claims, damages, or liabilities arising from your use of third-party services or your violation of their terms and conditions.
Support and Maintenance: Any support or maintenance services for third-party integrations are typically provided by the third-party provider. While SMAX.AI may facilitate communication, we do not assume responsibility for third-party support activities.

8.5 Changes and Termination

Service Changes: Third-party services may change, suspend, or discontinue at any time without notice. SMAX.AI reserves the right to modify or discontinue integrations with third-party services as needed.
Termination of Access: Your access to third-party services through SMAX.AI may be terminated if there are breaches of their terms or if SMAX.AI deems it necessary to protect its platform and users.

By understanding the nature of third-party services and adhering to their conditions, you ensure a seamless and compliant experience on SMAX.AI. For any questions or issues related to third-party services, please contact our support team for guidance.

9. Limitation of Liability

SMAX.AI aims to provide reliable and high-quality services, but it's essential to acknowledge and understand the limitations of our liability concerning the use of our platform. These limitations are in place to protect SMAX.AI from extensive legal claims and to ensure clarity regarding our responsibilities.

9.1 General Disclaimer

Service Availability: SMAX.AI strives to maintain consistent availability and performance of our services. However, we do not guarantee that our platform will always be available, uninterrupted, or error-free. Scheduled maintenance, technical issues, or unforeseen circumstances may cause temporary disruptions.
Accuracy and Reliability: While SMAX.AI endeavors to provide accurate and reliable information, we do not warrant the completeness, accuracy, or reliability of any content or services provided. Users must exercise their own judgment when using our platform.

9.2 Limitation of Damages

Types of Damages: SMAX.AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or goodwill, resulting from the use or inability to use our services.
Cap on Liability: In jurisdictions that do not allow the exclusion or limitation of certain damages, SMAX.AI's total liability to you for all claims arising from or related to the use of our services shall not exceed the amount you paid to SMAX.AI in the twelve months preceding the claim.

9.3 Exclusions and Exceptions

Third-Party Services: SMAX.AI is not liable for any issues arising from the use of third-party services integrated with our platform. Any claims related to third-party services must be directed to the respective third-party provider.
User-Generated Content: SMAX.AI is not responsible for content uploaded or shared by users on our platform. We do not endorse, verify, or assume liability for any user-generated content or conduct.

9.4 Legal Compliance

Jurisdictional Limitations: Some jurisdictions do not permit the exclusion or limitation of certain liabilities. In such cases, SMAX.AI's liability will be limited to the greatest extent permitted by applicable law.
Legal Advice Disclaimer: The information and services provided by SMAX.AI do not constitute legal advice. Users should seek professional legal counsel to address specific legal concerns or compliance matters.

9.5 Risk Assumption

User Responsibility: By using SMAX.AI, you agree to assume full responsibility for any risks associated with your use of the platform. You acknowledge that it is your responsibility to verify any information and make informed decisions based on your own research and judgment.

By understanding these limitations of liability, you acknowledge the shared responsibility in using SMAX.AI services effectively and responsibly. If you have any questions or concerns regarding these limitations, please contact our support team for further clarification.

10. Indemnification

Indemnification is a critical concept that provides protection for SMAX.AI against potential losses or damages resulting from claims related to your use of our platform. As a user, you agree to indemnify SMAX.AI, ensuring that you take responsibility for certain actions and their consequences.

10.1 Indemnity Obligations

Defense and Reimbursement: You agree to defend, indemnify, and hold SMAX.AI and its affiliates, officers, directors, employees, agents, and licensors harmless from any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorney's fees, arising out of or related to your use of the services.
Infringement Claims: This includes indemnification for any claims arising from your breach of intellectual property rights, such as using or uploading content that infringes on another party's copyrights, trademarks, or patents.

10.2 Conditions for Indemnification

Breach of Terms: If you violate any of the terms outlined in our Terms of Service, including but not limited to our user responsibilities, prohibited activities, and intellectual property rights, you agree to indemnify SMAX.AI against any resulting claims or legal actions.
Third-Party Interactions: You are responsible for indemnifying SMAX.AI for any claims arising from your interactions with third-party services accessed through our platform, including any agreements you enter into with such third parties.

10.3 Indemnification Process

Notification: SMAX.AI will promptly notify you of any claim for which indemnification is sought. You must cooperate fully in the defense and settlement of the claim.
Legal Defense: You have the right to assume the defense of any indemnified claims, provided that you use legal counsel reasonably acceptable to SMAX.AI. We reserve the right to participate in the defense at our own expense, using separate counsel.
Settlement Approval: You may not settle any claim without SMAX.AI's prior written consent if the settlement involves any admission of wrongdoing or imposes any obligations on SMAX.AI.

10.4 Scope and Limitations

Applicability: The indemnification obligations apply to all users of SMAX.AI, regardless of their geographical location. It covers all aspects of the platform's use and any actions that may cause harm to SMAX.AI or third parties.
Limitations: Indemnification does not apply in cases where SMAX.AI is found to be solely negligent or willfully misconducting, leading to the claims in question.

By agreeing to these indemnification terms, you recognize your role in protecting SMAX.AI from legal repercussions associated with your use of the platform. If you have questions or require clarification regarding your indemnification responsibilities, please reach out to our support team for assistance.

11. Termination and Suspension

SMAX.AI reserves the right to terminate or suspend your access to the platform and its services under specific circumstances. Understanding the conditions for termination and suspension helps ensure compliance and continuity in using our services.

11.1 Grounds for Termination or Suspension

Violation of Terms: Your account may be terminated or suspended if you violate any terms outlined in this agreement, including engaging in prohibited activities, breaching intellectual property rights, or failing to meet user responsibilities.
Non-Payment: Failure to pay applicable fees or resolve outstanding charges within the specified timeframes may lead to suspension or termination of your account.
Fraudulent Activity: Any detection or suspicion of fraudulent, illegal, or unauthorized use of the platform will result in immediate suspension or termination.
Security Risks: Activities that compromise the security or integrity of SMAX.AI’s systems or that threaten other users may lead to termination or suspension.

11.2 Process of Termination or Suspension

Notice and Communication: Whenever possible, SMAX.AI will provide notice of suspension or termination via email or through the platform, explaining the reasons and effective date.
Immediate Actions: In cases involving severe violations or immediate threats to security or legal compliance, SMAX.AI may suspend or terminate access without notice.
Review and Appeal: Users may request a review of the termination or suspension decision. SMAX.AI will consider appeals on a case-by-case basis and at its sole discretion.

11.3 Effects of Termination or Suspension

Access to Services: Upon termination or suspension, your access to SMAX.AI services will be restricted. This includes any data, content, or tools provided by the platform.
Data Retention and Deletion: SMAX.AI may retain your data for a certain period as required by law or internal policies. However, data may eventually be deleted following termination, and you are encouraged to back up important information.
Outstanding Obligations: Termination or suspension does not absolve you of any outstanding financial obligations or liabilities incurred prior to the effective date.

11.4 Reinstatement

Conditions for Reinstatement: Users seeking reinstatement after suspension or termination must demonstrate compliance with SMAX.AI's terms and resolve any underlying issues leading to the suspension.
SMAX.AI Discretion: Reinstatement is subject to SMAX.AI’s sole discretion and may involve additional conditions or changes to account privileges.

By acknowledging these termination and suspension terms, you understand the importance of adhering to our guidelines to maintain access to SMAX.AI services. If you have questions or need further clarification on these policies, please contact our support team for assistance.

12. Governing Law and Dispute Resolution

Understanding the legal framework that governs your use of SMAX.AI is essential for addressing any disputes that may arise. This section outlines the governing law and the methods for resolving disputes, ensuring clarity and fairness in legal proceedings.

12.1 Governing Law

Applicable Jurisdiction: The terms of service and any disputes arising under this agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which SMAX.AI is headquartered, without regard to its conflict of laws principles.
Legal Compliance: Users agree to comply with all local, national, and international laws applicable to their use of SMAX.AI, ensuring their actions align with the jurisdictional requirements.

12.2 Dispute Resolution Process

Initial Resolution: SMAX.AI encourages users to attempt an amicable resolution of any disputes by contacting our support team. Most issues can be resolved quickly through open communication.
Mediation: If informal negotiation does not resolve the dispute, the parties agree to attempt to settle the dispute through mediation with a neutral third party, selected by mutual agreement. Mediation costs are typically shared between the parties.
Arbitration: Should mediation fail, disputes shall be resolved by binding arbitration in accordance with the rules of the designated arbitration body, unless waived by both parties. Arbitration is preferred over traditional litigation for its efficiency and confidentiality.

12.3 Arbitration Details

Arbitration Venue: The arbitration shall take place in a mutually agreed location or virtually, based on practicality and convenience for both parties.
Arbitrator's Decision: The arbitrator's decision will be final and binding, with judgment on the award rendered by the arbitrator enforceable in any court having jurisdiction.
Exceptions to Arbitration: SMAX.AI reserves the right to seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm from occurring, such as breaches of intellectual property rights or unauthorized use of services.

12.4 Waiver of Class Actions

Individual Claims: You agree to resolve disputes individually and waive any right to participate in class actions, consolidated claims, or representative actions. Each party must bring any claim solely on its own behalf.
Class Action Waiver Validity: If a court deems the class action waiver unenforceable, the entire arbitration agreement shall be null and void, but the remainder of the terms will remain effective.

By accepting these governing law and dispute resolution terms, you consent to a structured and fair process for resolving any issues related to your use of SMAX.AI. For further assistance or clarification, our support team is available to address your inquiries.

13. Changes to the Services

SMAX.AI is committed to continuous improvement and innovation, which may necessitate changes to our services. This section outlines how and why changes might be implemented and what they mean for users.

13.1 Reasons for Changes

Innovation and Improvement: To enhance functionality, performance, and security, SMAX.AI regularly updates its services. These changes help us provide cutting-edge features and an improved user experience.
Compliance and Regulation: Changes may be required to comply with new laws, regulations, or industry standards. This ensures that SMAX.AI services remain compliant and legally secure.
User Feedback and Adaptation: Based on user feedback, SMAX.AI may adjust services to better meet user needs and preferences, reflecting our commitment to customer satisfaction.

13.2 Types of Changes

Feature Updates: New features or enhancements to existing features might be introduced. This can include interface improvements, additional tools, or increased customization options.
Service Modifications: In some cases, SMAX.AI may modify, limit, or discontinue certain features or services, which might include removing outdated functionalities or integrating new technology.
Bug Fixes and Security Patches: Regular updates may include bug fixes or security patches to protect against vulnerabilities and ensure a smooth user experience.

13.3 Notification and Implementation

Advance Notice: Wherever feasible, SMAX.AI will provide advance notice of significant changes, particularly those affecting pricing, terms, or core functionalities, allowing users time to prepare or adjust.
Immediate Changes: In certain circumstances, such as security threats or urgent compliance issues, changes may need to be implemented immediately, with notice provided as soon as possible thereafter.
Communication Channels: Notifications about changes will be communicated through email, platform announcements, or other appropriate channels to ensure all users are informed.

13.4 User Impact and Adaptation

User Responsibility: Users are encouraged to review all notifications regarding changes and update their usage or settings accordingly to continue benefiting from SMAX.AI services.
Feedback Mechanism: SMAX.AI welcomes user feedback on changes to services, which helps guide future improvements and adjustments. Users can provide feedback through designated communication channels. You can access to community.smax.ai to provide feedback, suggest feature and create questions for each changelogs.

By understanding these terms related to changes in services, you can stay informed and adapt to the evolving platform. For questions or concerns regarding specific changes, please contact our support team for more information.

14. Contact Information

Effective communication with SMAX.AI is crucial for addressing any questions, concerns, or issues you may encounter. This section provides detailed information on how to reach us and ensure your inquiries are handled promptly.

Customer Support

General Inquiries and Support: For any general questions or support needs related to SMAX.AI services, please contact our customer support team. Our representatives are ready to assist you with technical issues, account management, and more. Email: contact@smax.ai
Phone: +1-800-555-0199
Live Chat: Available on our website during business hours
Business Hours: Our support team is available Monday through Friday, 9:00 AM to 6:00 PM (local time of the headquarters). Response times may vary based on the nature of the inquiry and current support demand.

Sales and Partnerships

Sales Inquiries: For questions about our products, pricing, or to speak with a sales representative, please reach out to our sales team.Email: contact @smax.ai
Phone: +1-800-555-0200
Partnership Opportunities: For partnership or collaboration opportunities, contact our partnerships team to explore how we can work together.Email: contact @smax.ai

Legal and Compliance

Legal Inquiries: For legal matters or compliance questions, including intellectual property issues or terms of service inquiries, please contact our legal department.Email: contact @smax.ai
Compliance Concerns: If you have concerns about regulatory compliance or security issues, our compliance team is available to address your questions.Email: legal_compliance @smax.ai

Feedback and Suggestions

User Feedback: We value your feedback and suggestions for improving our services. Please share your thoughts with us to help enhance your experience with SMAX.AI. Website: community.smax.ai

Physical Address

Headquarters: For those who prefer to send correspondence via traditional mail, you can reach us at our headquarters.Address: SMAX.AI 123 Innovation Drive Tech City, State, 56789 Country

By using the above contact information, you can ensure your inquiries are directed to the appropriate department and handled efficiently. For further assistance or if you're unsure of which contact to use, our customer support team is always a good starting point.

Data Processing Addendum

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SMAX.AI Data Processing Addendum (DPA)

Introduction

This Data Processing Addendum ("DPA") is incorporated into the Terms of Service or any other agreement between SMAX.AI and its customers ("you", "your"). The DPA outlines the terms and conditions applicable to SMAX.AI's processing of personal data in connection with its services. It aims to ensure compliance with applicable data protection laws, including the General Data Protection Regulation ("GDPR"), the California Consumer Privacy Act ("CCPA"), and any other relevant regulations. This document sets forth the responsibilities of both SMAX.AI and its customers concerning the handling and protection of personal data.

Table of Contents

Roles and Scope
Data Processing Details
Customer Obligations
SMAX.AI's Obligations
Sub-processors
Data Subject Rights
Security Measures
Data Breach Notification
Return or Deletion of Data
International Data Transfers
Amendments and Termination
Miscellaneous

1. Definitions

In this Data Processing Addendum ("DPA"), the following terms shall have the meanings set forth below. Terms not defined in this section shall have the meanings assigned to them in the SMAX.AI Terms of Service or applicable data protection laws.

"Personal Data": Any information relating to an identified or identifiable natural person ("Data Subject"). An identifiable person is one who can be identified, directly or indirectly, by reference to identifiers such as a name, identification number, location data, online identifier, or to factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that person.
"Processing": Any operation or set of operations which is performed on Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, combination, restriction, erasure, or destruction.
"Controller": The natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
"Processor": A natural or legal person, public authority, agency, or other body which processes Personal Data on behalf of the Controller.
"Sub-processor": Any Processor engaged by SMAX.AI or any member of its group of companies who agrees to receive Personal Data exclusively intended for processing activities to be carried out on behalf of the customer in accordance with customer instructions, the terms of this DPA, and the terms of a written subcontract.
"Data Subject": An identified or identifiable natural person whose Personal Data is processed by either the Controller or Processor.
"Data Breach": A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data transmitted, stored, or otherwise processed.
"Standard Contractual Clauses": Contractual clauses that are recognized and approved by the European Commission as providing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer of personal data to a third country or an international organization.
"Applicable Data Protection Laws": All laws and regulations applicable to SMAX.AI's processing of Personal Data under this DPA, including but not limited to the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the California Consumer Privacy Act ("CCPA"), and any other relevant privacy and data protection regulations.

These definitions are crucial for understanding the roles and responsibilities of each party under this DPA and ensuring compliance with data protection obligations.

2. Roles and Scope

This section outlines the specific roles and responsibilities of SMAX.AI and its customers with regard to the processing of Personal Data, as well as the scope of data processing activities covered by this Data Processing Addendum ("DPA").

2.1 Roles of the Parties

Customer as Controller: The customer is designated as the Controller of Personal Data. As the Controller, the customer determines the purposes and means of processing Personal Data provided to SMAX.AI in conjunction with their use of SMAX.AI's services.
SMAX.AI as Processor: SMAX.AI acts as the Processor on behalf of the Controller. As the Processor, SMAX.AI will process Personal Data exclusively on the customer's instructions, as detailed in this DPA and the Terms of Service, to fulfill its contractual obligations.
SMAX.AI as Controller (where applicable): In certain circumstances, SMAX.AI may act as a Controller when processing Personal Data for its own purposes, such as for business administration, compliance, and legal obligations.

2.2 Scope of Processing

Purpose: The processing of Personal Data by SMAX.AI will be for the purpose of providing services to the customer as outlined in the Terms of Service and any related agreements. This includes tasks necessary to maintain, support, and improve SMAX.AI's services.
Nature of Processing: The operations may include, but are not limited to, storing, retrieving, organizing, using, disclosing, and erasing Personal Data to fulfill the service requirements.
Duration: The processing of Personal Data shall continue for the term specified in the Terms of Service or until all Personal Data is returned or deleted in accordance with the customer's instructions or applicable law.
Categories of Data Subjects: Personal Data processed under this DPA may include, but is not limited to, data about the customer's employees, end users, and other individuals as determined by the customer.
Types of Personal Data: The types of Personal Data may include contact information, account details, communication data, and any other data types specified by the customer relevant to the services provided by SMAX.AI.

This section clarifies the respective roles of SMAX.AI and its customers in ensuring compliance with applicable data protection laws and defines the boundaries of data processing under this DPA.

3. Data Processing Details

3.1 Nature of Processing

SMAX.AI will process Personal Data as necessary to provide its services to customers. This involves activities such as data collection, storage, access, retrieval, analysis, and deletion. Processing is conducted in accordance with the customer's instructions and SMAX.AI's operational practices, as outlined in the Terms of Service.

3.2 Purpose of Processing

The purpose of processing Personal Data includes:

Providing and enhancing SMAX.AI services.
Fulfilling contractual obligations to the customer.
Supporting customer communications and service-related inquiries.
Ensuring security and monitoring service performance.
Conducting analyses to improve service efficiency and effectiveness.

3.3 Types of Personal Data

Personal Data processed by SMAX.AI may include, but is not limited to:

Identification Information: Names, email addresses, phone numbers, and other contact details.
Account Data: Usernames, passwords, account settings, and preferences.
Usage Data: Logs of user activity, service usage patterns, and interactions with SMAX.AI services.
Communication Data: Content and metadata of communications facilitated through SMAX.AI services.

3.4 Categories of Data Subjects

The categories of Data Subjects whose Personal Data may be processed include:

The customer's employees and representatives.
End users utilizing the customer's instance of SMAX.AI services.
Any other individuals who interact with SMAX.AI services as determined by the customer.

3.5 Duration of Processing

SMAX.AI will process Personal Data for the duration of the contractual relationship with the customer, or until such data is no longer necessary for the purposes for which it was processed, or as required by applicable law. Upon termination of services, SMAX.AI will return or delete Personal Data as stipulated in the DPA, unless retention is required by law.
By providing these details, SMAX.AI aims to ensure transparency and adherence to data protection regulations in its processing activities. This information helps customers understand the scope and implications of data processing under this DPA.

4. Customer Obligations

4.1 Compliance with Laws

The customer agrees to comply with all applicable data protection laws and regulations in relation to its processing and provision of Personal Data to SMAX.AI. This includes ensuring that all necessary permissions and legal bases for data processing are obtained.

4.2 Instructions for Processing

The customer is responsible for providing clear and lawful instructions to SMAX.AI on how Personal Data should be processed. The customer must ensure that its instructions comply with applicable data protection laws and align with the purposes outlined in the DPA and the Terms of Service.

4.3 Data Subject Rights

The customer is responsible for managing and responding to requests from Data Subjects concerning their data. This includes requests for access, rectification, erasure, restriction, data portability, and objection. The customer must provide SMAX.AI with relevant instructions and assistance in responding to such requests if necessary.

4.4 Consent and Notices

Where required by data protection laws, the customer must ensure that consent has been obtained from Data Subjects for the processing of their Personal Data. The customer must also provide appropriate privacy notices to Data Subjects, informing them about the processing activities and their rights.

4.5 Data Accuracy and Quality

The customer is responsible for ensuring that the Personal Data it provides to SMAX.AI is accurate, complete, and up-to-date. The customer must promptly notify SMAX.AI of any errors or changes to the Personal Data.

4.6 Security Measures

The customer must implement appropriate technical and organizational measures to ensure the security of Personal Data within its control, particularly when transferring data to SMAX.AI. This includes safeguarding authentication credentials and access to SMAX.AI systems.

4.7 Indemnification

The customer agrees to indemnify and hold SMAX.AI harmless from any claims, damages, or expenses arising from the customer's failure to comply with its obligations under this DPA and applicable data protection laws, including any regulatory or legal actions brought against SMAX.AI as a result of such failure.
By adhering to these obligations, the customer contributes to the protection of Personal Data and supports SMAX.AI in maintaining compliance with data protection regulations.

5. SMAX.AI's Obligations

5.1 Compliance with Laws

SMAX.AI will comply with all applicable data protection laws and regulations when processing Personal Data on behalf of its customers. This includes adhering to the principles and requirements set forth in laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

5.2 Processing Instructions

SMAX.AI will process Personal Data only in accordance with the documented instructions from the customer, as outlined in this DPA and related agreements. If SMAX.AI believes any customer's instruction infringes on applicable data protection laws, it will promptly inform the customer.

5.3 Confidentiality

SMAX.AI ensures that all personnel authorized to process Personal Data are committed to confidentiality or are under an appropriate statutory obligation of confidentiality. Access to Personal Data is strictly controlled and limited to those individuals who require it to perform their job duties.

5.4 Security Measures

SMAX.AI will implement and maintain appropriate technical and organizational measures to protect Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure. This includes encryption, access control, and regular security assessments to ensure data integrity and confidentiality.

5.5 Assistance with Data Subject Rights

SMAX.AI will assist the customer, insofar as possible and reasonable, in fulfilling its obligations to respond to Data Subject requests related to rights such as access, rectification, erasure, restriction, data portability, and objection, as required by applicable data protection laws.

5.6 Data Breach Notification

In the event of a data breach involving Personal Data, SMAX.AI will notify the customer without undue delay upon becoming aware of the breach. The notification will include, where possible, the nature of the breach, the categories and approximate number of data subjects concerned, and any measures taken or proposed to address the breach.

5.7 Audit and Compliance

SMAX.AI agrees to make available to the customer all information necessary to demonstrate compliance with the obligations set forth in this DPA. Upon reasonable request, SMAX.AI will allow for and contribute to audits, including inspections, conducted by the customer or an auditor mandated by the customer, in relation to the processing of Personal Data.

5.8 Sub-processors

SMAX.AI will engage sub-processors only with the customer's prior consent and will ensure that sub-processors are bound by data protection obligations consistent with those set forth in this DPA. SMAX.AI remains fully liable for the actions of its sub-processors.

By fulfilling these obligations, SMAX.AI ensures the protection of Personal Data and aids customers in meeting their compliance requirements under applicable data protection regulations.

6. Sub-processors

6.1 Engagement of Sub-processors

SMAX.AI may engage third-party service providers, known as sub-processors, to assist in providing services to its customers. Sub-processors perform specific data processing activities on behalf of SMAX.AI, such as hosting, infrastructure provision, and customer support.

6.2 Sub-processor List

SMAX.AI maintains a list of approved sub-processors which is available upon request. This list includes the identity and location of each sub-processor and the services they provide. SMAX.AI will inform customers of any intended changes to this list, giving them the opportunity to object.

6.3 Sub-processor Agreements

SMAX.AI will enter into a written agreement with each sub-processor, imposing data protection obligations that are consistent with the obligations under this DPA. These agreements will ensure that sub-processors implement appropriate technical and organizational measures to protect Personal Data.

6.4 Customer Notification and Consent

Before engaging a new sub-processor or changing the scope of an existing sub-processor's role, SMAX.AI will notify the customer, providing relevant details to enable an informed decision. Customers have the right to object to a new sub-processor by responding in writing within ten business days of receiving the notification.

6.5 Liability

SMAX.AI remains fully liable to the customer for the performance of any sub-processor’s obligations. If a sub-processor fails to fulfill its data protection obligations, SMAX.AI will bear full responsibility for any resulting data breaches or non-compliance issues.

6.6 Termination Rights

If SMAX.AI cannot provide a suitable alternative to a customer's objection to a new sub-processor, the customer may terminate the affected services with written notice, subject to any contractual terms regarding termination.

By managing sub-processor relationships diligently, SMAX.AI ensures that Personal Data continues to be protected throughout the data processing chain, maintaining compliance with applicable laws and regulatory requirements.

7. Data Subject Rights

7.1 Right of Access

Data Subjects have the right to obtain confirmation from the Controller as to whether their Personal Data is being processed, and, if so, to request access to the Personal Data and information about the processing activities.

7.2 Right to Rectification

Data Subjects have the right to request the correction of inaccurate Personal Data concerning them. This includes completing incomplete data, depending on the purposes of the processing.

7.3 Right to Erasure (Right to be Forgotten)

Data Subjects can request the deletion of their Personal Data in specific circumstances, such as when the data is no longer necessary for the purposes for which it was collected or when the Data Subject withdraws consent and there is no other legal ground for processing.

7.4 Right to Restriction of Processing

Data Subjects have the right to request the restriction of processing of their Personal Data under certain conditions, such as when they contest the accuracy of the data or have objected to the processing based on legitimate interests.

7.5 Right to Data Portability

Data Subjects have the right to receive their Personal Data in a structured, commonly used, and machine-readable format. They also have the right to transmit that data to another Controller without hindrance from the original Controller.

7.6 Right to Object

Data Subjects have the right to object, on grounds relating to their particular situation, to the processing of their Personal Data based on legitimate interests or the performance of a task carried out in the public interest or exercise of official authority, including profiling. They can also object to processing for direct marketing purposes.

7.7 Right Not to be Subject to Automated Decision-Making

Data Subjects have the right not to be subject to decisions based solely on automated processing, including profiling, which significantly affect them, unless necessary for entering into or performing a contract, authorized by law, or based on explicit consent.

7.8 Assistance and Request Handling

While SMAX.AI acts as a Processor and does not directly respond to Data Subject requests, it will assist the customer in fulfilling its obligations to respond to such requests. Customers should inform SMAX.AI of any requests received from Data Subjects, and SMAX.AI will provide reasonable assistance as permitted by applicable data protection laws.

These rights ensure that Data Subjects maintain control over their Personal Data and can exercise their rights in compliance with data protection regulations. Customers of SMAX.AI are responsible for managing and addressing these rights in coordination with SMAX.AI's support.

8. Security Measures

8.1 Data Encryption

SMAX.AI employs data encryption in transit and at rest to safeguard Personal Data against unauthorized access. This includes the use of strong encryption protocols to protect data as it moves between systems and when it is stored within SMAX.AI's infrastructure.

8.2 Access Controls

Strict access controls are in place to limit access to Personal Data to only those personnel who require it for their job functions. SMAX.AI uses role-based access management and regularly reviews access permissions to maintain data security.

8.3 Network Security

SMAX.AI maintains a secure network architecture designed to prevent unauthorized intrusion and access. Firewalls, intrusion detection systems, and regular security audits are utilized to protect against network vulnerabilities.

8.4 Physical Security

Data centers used by SMAX.AI are equipped with advanced physical security measures, including surveillance, access controls, and security personnel, to prevent unauthorized physical access to the facilities where Personal Data is stored.

8.5 Incident Response

SMAX.AI has established an incident response plan to address any security incidents or data breaches promptly. The plan includes procedures for identifying, managing, and mitigating incidents, as well as notifying affected customers in a timely manner.

8.6 Employee Training and Awareness

SMAX.AI conducts regular security training for its employees to increase awareness of security best practices and data protection responsibilities. Employees are trained to identify and respond to potential security threats effectively.

8.7 Regular Security Assessments

Periodic security assessments and vulnerability scans are conducted to identify and address potential security weaknesses. Penetration testing is also performed regularly to evaluate the effectiveness of SMAX.AI's security measures.

8.8 Sub-processor Security

SMAX.AI requires all sub-processors to adhere to security standards equivalent to its own and conducts due diligence to ensure they maintain adequate security measures for Personal Data protection.

By implementing these security measures, SMAX.AI aims to provide a secure environment for processing Personal Data, ensuring compliance with applicable data protection regulations and mitigating risks associated with data processing activities.

9. Data Breach Notification

9.1 Prompt Notification

SMAX.AI will notify affected customers without undue delay upon becoming aware of a data breach that may compromise the security, confidentiality, or integrity of Personal Data. The notification will be provided in a timely manner to enable customers to take appropriate measures to mitigate any potential impacts.

9.2 Information Included in Notification

The data breach notification to customers will include, where feasible, the following information:

A description of the nature of the data breach, including, if possible, the categories and approximate number of data subjects and data records affected.
The likely consequences and potential risks associated with the data breach.
Any measures taken or proposed by SMAX.AI to address the breach and mitigate its effects.
Contact information for a point of contact at SMAX.AI for further inquiries.

9.3 Cooperation and Assistance

SMAX.AI will cooperate with and assist customers in managing the data breach, including supporting any necessary notifications to regulatory authorities or affected data subjects as required by applicable laws.

9.4 Mitigation and Prevention

After a data breach, SMAX.AI will conduct a thorough investigation to determine the root cause and implement corrective actions to prevent future occurrences. This includes reviewing and enhancing security measures as needed.

9.5 Record Keeping

SMAX.AI will maintain records of data breaches, including the facts related to the breach, its effects, and the remedial actions taken. These records will assist in ensuring accountability and compliance with data protection obligations.

By adhering to these procedures, SMAX.AI ensures a structured and compliant response to data breaches, safeguarding Personal Data and maintaining trust with its customers.

10. Return or Deletion of Data

10.1 Customer Instructions

SMAX.AI will follow the instructions of the customer regarding the return or deletion of Personal Data. Customers have the right to decide whether their data should be returned to them or securely deleted from SMAX.AI’s systems.

10.2 Return of Data

If requested by the customer, SMAX.AI will return all Personal Data processed on behalf of the customer in a structured, commonly used, and machine-readable format. This enables customers to retrieve their data for future use or transfer it to another service provider.

10.3 Deletion of Data

Upon customer request or at the end of the service agreement, SMAX.AI will securely delete all Personal Data from its systems, unless applicable law requires storage of the Personal Data. The deletion process will ensure that data is irretrievable and is conducted in a manner that complies with industry best practices for data destruction.

10.4 Timeframe

The return or deletion of Personal Data will be completed within a reasonable timeframe, as agreed upon with the customer, following the termination of services.

10.5 Certification of Deletion

Upon completion of the data deletion process, SMAX.AI will provide the customer with a certification of deletion, confirming that all Personal Data has been removed from its systems in accordance with the customer’s instructions and applicable laws.

By adhering to these practices, SMAX.AI ensures that Personal Data is managed responsibly at the end of a service relationship, maintaining compliance with data protection obligations and safeguarding customer trust.

11. International Data Transfers

11.1 Legal Grounds for Transfers

SMAX.AI ensures that any transfer of Personal Data across international borders is conducted in accordance with applicable data protection regulations. This includes verifying that legal grounds for data transfer are established, such as consent, necessity for contract performance, or other lawful bases.

11.2 Adequacy Decisions

Where applicable, SMAX.AI may transfer Personal Data to countries or territories that are deemed to provide an adequate level of data protection by relevant data protection authorities. This ensures that the transferred data enjoys protections equivalent to those in the original jurisdiction.

11.3 Standard Contractual Clauses

For transfers to countries lacking an adequacy decision, SMAX.AI utilizes Standard Contractual Clauses (SCCs) as approved by data protection authorities. These SCCs are incorporated into agreements to ensure compliance with data protection requirements and safeguard Personal Data during international transfers.

11.4 Additional Safeguards

In addition to legal mechanisms, SMAX.AI implements technical and organizational measures to secure Personal Data during international transfers. This includes robust encryption, access controls, and regular security assessments to mitigate risks associated with cross-border data flows.

11.5 Transparency and Customer Rights

SMAX.AI remains transparent with customers regarding international data transfers and provides information about the specific mechanisms used for such transfers. Customers have the right to request details about the safeguards in place and the locations where their data may be processed.

11.6 Ongoing Compliance

SMAX.AI continuously monitors and reviews its international data transfer practices to ensure ongoing compliance with evolving data protection laws and regulations, adapting its strategies as necessary to maintain data security and privacy.

Through these measures, SMAX.AI is committed to maintaining the highest standards of data protection for international data transfers, ensuring that Personal Data remains secure and compliant with applicable laws.

12. Amendments and Termination

12.1 Right to Amend

SMAX.AI reserves the right to amend the terms of the data processing agreement or related policies to reflect changes in applicable laws, regulations, or business practices. Any amendments will be communicated to the customer in a timely manner, ensuring transparency and continued compliance.

12.2 Notification of Changes

Customers will be notified of any significant changes to the terms of service or data processing agreement. Notifications will be provided through appropriate channels, such as email or notices on the SMAX.AI platform, with sufficient notice to review and understand the implications of the changes.

12.3 Acceptance of Amendments

Continued use of SMAX.AI’s services following the notification of amendments constitutes acceptance of the revised terms. Customers who do not agree to the amendments have the option to terminate the agreement as outlined below.

12.4 Termination Rights

Both SMAX.AI and the customer have the right to terminate the data processing agreement under specific conditions, such as:

Material breach of the agreement by either party.
Changes in applicable laws that prevent the performance of obligations under the agreement.
The customer’s decision to discontinue using SMAX.AI’s services.

12.5 Termination Process

Upon termination, SMAX.AI will work with the customer to ensure an orderly cessation of services, including the return or deletion of Personal Data as requested by the customer, in accordance with the relevant data protection laws and the provisions outlined in section 10.

12.6 Surviving Provisions

Certain provisions of the agreement, such as confidentiality obligations, data protection assurances, and liability limitations, will survive termination to ensure ongoing protection and compliance.

By allowing for amendments and providing clear termination procedures, SMAX.AI ensures that its data processing agreements remain relevant, effective, and aligned with both legal requirements and business objectives.

Miscellaneous

1. Governing Law

The data processing agreement shall be governed by and construed in accordance with the laws applicable in the jurisdiction specified in the agreement. This ensures consistency and compliance with legal standards for all parties involved.

2. Dispute Resolution

In the event of a dispute arising from or related to the data processing agreement, the parties agree to engage in good-faith negotiations to resolve the issue. Should negotiations fail, the dispute may be submitted to mediation or arbitration, as agreed upon by the parties.

3. Entire Agreement

The data processing agreement, together with any associated addendums or annexes, constitutes the entire agreement between SMAX.AI and the customer regarding data processing services. It supersedes all prior agreements, understandings, and communications, whether written or oral.

4. Severability

If any provision of the data processing agreement is deemed unlawful, void, or unenforceable, the remaining provisions shall remain valid and enforceable. The parties will cooperate to amend the agreement to reflect the original intentions as closely as possible.

5. No Waiver

The failure of either party to enforce any provision of the agreement shall not be considered a waiver of that provision or any other provision. No waiver shall be effective unless expressly agreed to in writing by both parties.

6. Assignment

Neither party may assign or transfer its rights or obligations under the data processing agreement without the prior written consent of the other party, except in the case of a merger, acquisition, or sale of all or substantially all of a party's assets.

7. Notices

All notices required or permitted under the data processing agreement shall be in writing and delivered to the respective party's designated contact person via email or other agreed-upon communication methods.

These miscellaneous provisions ensure a comprehensive understanding of the contractual relationship between SMAX.AI and its customers, fostering a collaborative and legally sound framework for data processing activities.

Conclusion

SMAX.AI remains committed to providing secure, compliant, and efficient data processing services to its customers. This document outlines our approach to data protection, emphasizing our dedication to upholding the highest standards in safeguarding Personal Data.

As we continue to evolve and grow, we maintain a steadfast focus on transparency, accountability, and collaboration with our customers. By adhering to the principles and practices outlined in this agreement, SMAX.AI strives to foster trust and confidence in our data processing capabilities.

We recognize the dynamic nature of data protection laws and the technological landscape, and we are committed to adapting to changes to ensure continued compliance and protection of customer data. Our priority is to support our customers in achieving their business objectives while respecting data privacy and security, thus enabling success in an increasingly data-driven world.

For any questions or further clarification regarding our data protection practices, customers are encouraged to reach out to their designated SMAX.AI contact or consult our comprehensive support resources. We value your partnership and are dedicated to safeguarding your data with the utmost diligence and integrity.

Cookies Statement

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SMAX.AI Cookies Statement

This Cookies Statement explains how SMAX.AI ("we", "us", "our") uses cookies and similar technologies on our platforms. It is intended to help you understand what cookies are, how we use them, and your choices regarding their use.

1. What Are Cookies?

Cookies are small text files that are stored on your device when you visit a website. They are widely used to make websites work more efficiently, as well as to provide information to the website owners.

2. How SMAX.AI Uses Cookies

SMAX.AI uses cookies for several purposes:

Essential Cookies: These are necessary for the operation of our services. They enable you to navigate the website and use its features, such as accessing secure areas.

Performance Cookies: These cookies collect information about how visitors use our website, such as which pages are visited most often, and if users get error messages. This helps us improve how our website works.

Functionality Cookies: These cookies allow the website to remember choices you make (such as your username, language, or region) and provide enhanced, more personal features.

Targeting/Advertising Cookies: These cookies are used to deliver ads more relevant to you and your interests. They are also used to limit the number of times you see an advertisement and help measure the effectiveness of the advertising campaign.

1. Definitions

In some cases, we use cookies provided by trusted third parties. The following section details which third-party cookies you might encounter through our site:

Analytics and Performance: We use tools like Google Analytics to help us understand how you use the site, so we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit.

Advertising: We may use cookies to make advertising messages more relevant to you. These cookies are used to deliver ads that are more relevant to you and your interests.

4. Managing Cookies

You can manage cookies through your web browser settings, where you have the option to accept, reject, or delete cookies. Please note that disabling cookies might affect the functionality of our services.

5. Updates to This Statement

SMAX.AI may update this Cookies Statement periodically to reflect changes in our practices or for other operational, legal, or regulatory reasons. We encourage you to review this page regularly for any changes.

6. Contact Us

If you have any questions about our use of cookies, please contact us at support@smax.ai.

By using our website, you consent to the use of cookies in accordance with this Cookies Statement.

Service Level Agreement

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SMAX.AI Service Level Agreement (SLA)

This Service Level Agreement ("SLA") outlines the guaranteed service levels provided by SMAX.AI for its AI-based services and features. This SLA is part of the Terms of Service agreement and applies to all users who subscribe to SMAX.AI’s premium or designated service plans.

1. Uptime Commitment

SMAX.AI commits to maintaining a service uptime of 99.7% during each monthly billing cycle. This uptime commitment excludes scheduled maintenance, emergency maintenance, or any downtime caused by factors beyond SMAX.AI's control, including but not limited to acts of God, government actions, or failure in infrastructures not managed by SMAX.AI.

2. Service Credits

In the event SMAX.AI fails to meet the uptime commitment, affected users may request service credits. These credits are determined by the amount of downtime exceeding the agreed threshold and are only applicable for the current billing period. If the downtime is less than 24 hours, please feel free to contact us to get 5% discount for next billing.
Credit Limit: Service credits are capped at 30 days of service.
Request Process: Users must submit a service credit request within 30 days of the downtime incident.

3. Downtime Definition

Downtime is defined as the total minutes of unavailability of SMAX.AI services within a given calendar month, excluding scheduled maintenance times.

4. Exclusions

This SLA does not apply to:

Beta services or features.

Downtime due to user actions or third-party services.
Force majeure events beyond SMAX.AI's reasonable control.

5. Monitoring and Reporting

SMAX.AI uses automated monitoring tools to track service availability and performance. Users will be notified of any major outages or service issues through their registered communication channels.

6. Maintenance

Scheduled maintenance will be communicated to users at least 48 hours in advance. During these periods, temporary service interruptions may occur, but they will not count against uptime calculations.

7. General Terms

This SLA is subject to and governed by the Terms of Service.

SMAX.AI reserves the right to amend this SLA at any time. Any amendments will be communicated via email or through the user dashboard.

By using SMAX.AI’s services, you acknowledge that you have read, understood, and agree to be bound by this SLA, as well as the overall Terms of Service.

Supplementary AI Terms

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SMAX.AI Supplementary Terms

These SMAX.AI Supplementary Terms ("AI Terms") are a supplement to the general Terms of Service or any master services agreement you may have with SMAX.AI (the "Agreement"). They specifically govern your use of any AI features provided by SMAX.AI, including any additional subscriptions or services related to AI. By using these AI features, you agree to be bound by these AI Terms. Any term not defined within these AI Terms will have the meaning given to it in the Agreement.

1. Definitions

AI Features: Refers to functionalities that utilize artificial intelligence or similar technologies, developed by SMAX.AI or third-party providers. These are typically identified within the service documentation or on our website.

Input: Refers to the User Generated Content you provide to be processed by the AI Features.
Output: The responses or results generated by the AI Features based on the Input.

2. Intellectual Property

SMAX.AI and its third-party providers retain all rights, titles, and interests in the AI Features, including all associated intellectual property rights. Except for the rights explicitly granted to you in the Agreement, no other rights or licenses are granted.

3. Use of Input and Output

You are responsible for your Input and any Output generated. You must ensure that your Input and the use of the resulting Output do not violate any laws, these AI Terms, or the rights of third parties.

4. Service Modifications

SMAX.AI reserves the right to change, suspend, or discontinue any AI Features at any time, with or without notice. Continued use of the AI Features implies acceptance of such changes.

5. Limitations and Liabilities

Accuracy: The AI Features are provided "as-is" without guarantees of accuracy or completeness. Outputs may not account for recent changes or events not covered by the training data.
Liability: SMAX.AI is not liable for any loss or damage resulting from the use of the AI Features.

6. Usage Monitoring and Limits

SMAX.AI may monitor your use of AI Features to ensure compliance with these terms and may impose limits if your usage poses risks or violates these terms.

7. Additional terms

If you use any AI Features, you must comply with any additional terms set by third-party providers, such as OpenAI’s policies.

By accessing and utilizing SMAX.AI's AI Features, you affirm that you have read, understood, and agreed to these AI Terms as part of the overall Agreement with SMAX.AI.

Terms of services