TERMS OF SERVICE – SERVICE AGREEMENT

I. Introduction

This website is the property of Loungest Limited (“Company”, “we”, “our”, or “us”). The following terms and conditions (“Agreement”) govern the use of this website and any transactions conducted on or through this website. By accessing or using this website, you (“User”) agree to be bound by this Agreement, which is part of the Smardoo Terms of Use (TOU) available on https://smardoo.com/contact/termsofuse/

II. Description of Service and Product

  1. Overview: Smardoo offers both a Virtual Smardoo Card and a Real Smardoo Card, integrating the power of QR Code Marketing and NFC Technology. These cards serve as innovative tools for professionals to share their digital vCard, making networking seamless and efficient.

  2. Real Smardoo Card: The Real Smardoo Card is a dual-tech business card that combines both NFC and QR code capabilities. It ensures maximum compatibility and ease of use, irrespective of the recipient’s device or technological familiarity. With a one-time payment model, this card eliminates the recurring costs and waste associated with traditional paper business cards.

  3. Virtual Smardoo Card: The Virtual Smardoo Card offers the same capabilities as the Real Smardoo Card but in a digital format. The Virtual Smardoo Card does not have NFC integrated to it. Both Smardoo Cards can be updated with ease, ensuring that contact details and professional portfolios remain current.

  4. Customer Reviews: Smardoo emphasizes the importance of customer reviews in today’s digital age, recognizing their role in bolstering a brand’s credibility and attracting new customers.

  5. Social Media Integration: Smardoo aids businesses in gaining more followers on their active social media platforms, understanding the organic traffic and influence these platforms have on informed purchasing decisions.

  6. Environmental Considerations: Smardoo represents a sustainable approach to networking. Traditional business cards often lead to increased waste due to frequent discarding and reprinting. In contrast, Smardoo promotes longer retention and reduced physical replacements, contributing to a more environmentally friendly approach.

  7. Dynamic Profile Feature: Smardoo’s QR code card comes with a dynamic profile feature, allowing users to update the linked information without the need to generate and reprint a new QR code.

  8. Customization: Smardoo provides users with the flexibility to customize their digital profile card, enabling them to display specific sections of their profile tailored to their audience or purpose.

  9. Customer Support: Smardoo places a strong emphasis on customer support, viewing it as a direct channel to understand and cater to the unique needs of their clientele.

III. Acceptance of Terms

The services provided by the Company through this website are subject to the User’s acceptance of this Agreement. If the User does not agree to these terms, they are advised not to use the website or its services.

IV. Modifications

The Company reserves the right to modify this Agreement at its discretion. Continued use of the website after such modifications signifies the User’s acceptance of the revised Agreement.

V. Online Store Terms

Users must be of legal age in their jurisdiction to use this website. The use of our products for illegal activities is strictly prohibited. Any breach of this Agreement may result in termination of services.

VI. General Conditions

The Company reserves the right to refuse service to any individual without justification. Users are prohibited from copying, selling, or exploiting any part of the Service without our explicit consent.

VII. Product and Service Descriptions

While we strive for accuracy, we cannot guarantee that product descriptions, images, or other content is error-free. We reserve the right to correct any inaccuracies and to change or update information without prior notice.

VIII. User Submissions

Any feedback, comments, or other submissions provided by the User become the property of the Company. The Company has the right to use such submissions in any manner without restriction or compensation to the User.

IX. Personal Information

The collection and use of personal information are governed by our Privacy Policy, available on https://smardoo.com/contact/privacy/.

X. Prohibited Uses

Users are prohibited from using the website for any unlawful purposes or in ways that violate the rights of others, including intellectual property rights.

XI. License Terms

All rights on the products or services, including, without limitation, all copyright and other intellectual property rights which are not explicitly granted under this Agreement are retained by Smardoo.

XII. Subscription Offer

1. Subscription Plans: Users have the opportunity to avail one of our subscription plans, allowing access to a specified number of products or services for a defined number of projects or tasks. The details of available plans, including pricing, payment terms, and the number of projects included, are provided on our platform. For every project initiated under a subscription offer, users will benefit from an extended license encompassing all available features. It’s important to note that the 1-year duration associated with a subscription offer does not affect the extended licenses for each project, which are granted indefinitely.

2. Renewal and Termination: All our subscription plans are structured as 1-year contracts, which are automatically renewed for the same duration unless terminated. Users can cancel their subscription and prevent automatic renewal by sending us an email or mail at least one month before the end of the 1-year term. Users can also utilize specific tools in their client account for this purpose, if available. Smardoo reserves the right to adjust the pricing for subscription renewals based on the prevailing rates. In such cases, users will be informed of any price changes before their subscription expires.

3. Unlimited Subscription Offers: For subscriptions labeled as “unlimited,” users are permitted to access an unrestricted number of products or services for an infinite number of projects. However, Smardoo retains the right to set technical limits and monitor usage to prevent misuse. Users are expected to adhere to these limits and not attempt to bypass them.

4. Plan Modifications: Users can opt to upgrade their subscription plan at any point during their subscription period by reaching out to us via email or through tools available in their client account. Upgrades become effective on the first day of the subsequent month after the request. If an upgrade is made within the last 6 months of the current term, the subscription will be automatically renewed for another year, starting from the first day of the month following the upgrade request. Downgrades to a lesser plan can be made annually, effective upon the renewal of the current subscription.

XIII. Payment Terms

1. Subscription Fee: In exchange for the license granted under this Agreement, the Client is obligated to pay a fee (hereinafter referred to as the “Fee”) based on the services selected during the purchase process. An invoice reflecting the Fee will be generated upon purchase and shared with the Client. Once the Client confirms the purchase, the order is deemed final and is not eligible for any refunds.

2. Late Payments: Any delay in settling an invoice may incur an additional charge of one percent (1%) per month until full payment is received. Smardoo also retains the right to suspend the Client’s account and terminate this Agreement due to delayed payments.

3. Additional Charges: The Client acknowledges and agrees to bear any bank charges, transaction fees, sales taxes, value-added taxes, and any other taxes imposed by relevant authorities due to the use of Smardoo’s services or as a consequence of the license granted herein.

4. Credit Packs: Clients have the option to purchase credit packs through our platform to acquire licenses. After purchase, these credits will be displayed in the Client’s account. Each credit pack has a validity of 12 months from the date of purchase. Post expiration, the credit pack cannot be utilized on our platform and is not eligible for refunds.

XIV. Money-Back Guarantee

  1. 15-Day Guarantee: Smardoo offers a 15-day money-back guarantee for both the Virtual Smardoo Card and the Real Smardoo Card. If, for any reason, you are not satisfied with your purchase, you may request a full refund within 15 days of the purchase date.

  2. Return Process: To initiate a return for the Real Smardoo Card, the customer must contact our customer service team within the 15-day period. Once the return is approved, the customer is responsible for shipping the Real Smardoo Card back to Smardoo. The card must be in its original condition and packaging.

  3. Shipping Costs: The customer is responsible for all return shipping costs. Refunds will be processed once the returned Real Smardoo Card is received and inspected by our team. For the Virtual Smardoo Card, since there’s no physical product to return, the refund process will be initiated upon request approval.

  4. Refund Process: Once the return is approved and the product (if applicable) is received and inspected, the refund will be processed to the original payment method. Please allow a certain number of days for the refund to reflect in your account, depending on your bank’s policies.

XV. Limitation of Liability

The Company, its affiliates, and service providers shall not be liable for any damages resulting from the use or inability to use the services provided on this website.

XVI. Affiliates, Resellers, Partners, and Third Parties

  1. Distribution Channels: Smardoo’s products and services may be offered and distributed through various channels, including but not limited to affiliates, resellers, partners, and third-party entities.

  2. Limitation of Liability: While Smardoo endeavors to ensure the quality and integrity of its products and services, the Company shall not be held liable for any actions, omissions, or any form of misconduct by affiliates, resellers, partners, or third parties. Any issues, disputes, or concerns arising from transactions or interactions with these entities should be addressed directly with the respective entity. Smardoo is not responsible for any aspect that is not directly under its control.

XVII. Dispute Resolution By Binding Arbitration

THIS SECTION SHOULD BE READ CAREFULLY AS IT CONCERNS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Smardoo, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Smardoo are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Arbitration Act 1996 of the United Kingdom governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND SMARDOO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SMARDOO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

c. Pre-Arbitration Dispute Resolution

Smardoo is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [Smardoo’s support email]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Smardoo should be sent to [Smardoo’s address] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Smardoo and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Smardoo may commence an arbitration proceeding.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the Arbitration Act 1996 of the United Kingdom and any other applicable rules and procedures. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Smardoo and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made in accordance with the Arbitration Act 1996.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the Arbitration Act 1996 and any other applicable rules and procedures. If you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Smardoo will pay your portion of such fees.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in this Terms of Service to the contrary, Smardoo agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Smardoo written notice within thirty (30) calendar days of the change to the Notice Address provided above.

XVIII. Indemnification

Users agree to indemnify and hold the Company harmless from any claims or demands, including legal fees, arising out of their breach of this Agreement or their violation of any law or the rights of a third party.

XIX. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOUNGEST LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LOUNGEST LIMITED MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

XX. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LOUNGEST LIMITED WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOUNGEST LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL LOUNGEST LIMITED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LOUNGEST LIMITED IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU AND ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE APPLICABLE STATE. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER APPLICABLE LAWS, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

XXI. Governing Law

This Agreement shall be governed by the laws of the United Kingdom.

XXII. Contact

For any queries regarding this Agreement, please contact us at [email protected]