Terms and Conditions

1. Introduction

1.1 Parties
These Terms and Conditions (“Terms”) are a legal agreement between you (“User,” “you,” or “your”) and [Company Name] (“Company,” “we,” “us,” or “our”), the owner and operator of the Smarter Day App (the “App”) and any related websites, subdomains, platforms, or services (collectively, the “Services”).

1.2 Acceptance of Terms
By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and any additional guidelines, policies, or rules referenced herein, including our Privacy Policy. If you do not agree to these Terms, you must not use the Services.

1.3 Updates to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make significant changes, we will provide notice (e.g., by posting an update within the App, sending an email, or updating the Effective Date above). Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

2. Eligibility

2.1 Minimum Age
You must be at least 18 years of age (or the age of majority in your jurisdiction) to create an account and use the Services. If you are under the age of 18, you may only use our Services with the express consent of your parent or legal guardian.

2.2 Legal Capacity
You represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions herein.

2.3 Restricted Users
The Services are not available to any User previously removed or suspended by us. We reserve the right to refuse access to the Services to any person or entity for any lawful reason.

3. Account Registration and Security

3.1 Account Creation
To access certain features of the Services, you may be required to create an account. You agree to:

Provide true, accurate, current, and complete information (the “Registration Data”).
Maintain and promptly update the Registration Data to keep it accurate.

3.2 Account Credentials
You are responsible for maintaining the confidentiality of your username and password. You agree not to share or transfer your account credentials and to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Multiple Accounts Prohibited
Unless expressly permitted, you may not create multiple accounts for the same individual or entity or create an account on behalf of another individual or entity without their explicit authorization.

3.4 Account Termination
We reserve the right to suspend, terminate, or restrict your account and/or your use of the Services at any time, without notice, for any lawful reason, including if we believe you have violated these Terms or engaged in unlawful or inappropriate behavior.

4. Description of Services

4.1 Overview
Smarter Day App provides [describe core functionalities or offerings in detail, e.g., scheduling tools, productivity features, analytics, etc.]. The specific services and features may vary, and we may modify or discontinue certain functionalities at our discretion.

4.2 Third-Party Integrations

HubSpot: We integrate with HubSpot for CRM, marketing automation, and analytics. By using the App, you acknowledge that HubSpot’s terms and privacy policy also apply to your data processed through their platform.
Firebase: We use Firebase for app analytics, crash reporting, and backend infrastructure. By using the App, you acknowledge that Firebase’s terms and privacy policy also apply to your data processed by Google.

4.3 No Guarantee
We do not guarantee that the Services will be available at all times, error-free, or secure. We may experience hardware, software, or other technical issues and may need to suspend or terminate the Services (in whole or part) to address them. You agree that we have no liability for any interruptions or errors in the Services.

5. User Conduct and Restrictions

5.1 Prohibited Activities
When using our Services, you agree NOT to:

Violate any applicable law, regulation, or contractual obligation.
Infringe upon or misappropriate third-party intellectual property or proprietary rights.
Upload or transmit viruses, malware, harmful code, or any content designed to disrupt, damage, or limit the functionality of any software, hardware, or equipment.
Access or attempt to access non-public or restricted areas of the Services or our servers.
Interfere with or disrupt the security or performance of the Services.
Collect or store personal information of other Users without their express permission or in violation of applicable law.
Engage in harassment, bullying, hate speech, or any content that is abusive, threatening, obscene, or otherwise objectionable.
Use bots, scripts, or automated methods to access or manipulate the Services or any of its features.
Resell or commercialize our Services or any derivative works without our explicit prior written consent.

5.2 Content Standards
Any content you submit, post, or display (e.g., messages, images, comments) must comply with these Terms and must not:

Be false, defamatory, libelous, or invasive of another’s privacy.
Promote unlawful or fraudulent activity.
Contain explicit, graphic, or sensitive materials beyond socially acceptable norms.

6. Intellectual Property

6.1 Ownership Rights
All content, features, and functionality made available through the Services (including software, text, images, video, audio, designs, and underlying code) are owned by or licensed to us and are protected by intellectual property laws.

6.2 Limited License to You
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Services for your lawful, personal, and non-commercial use.

6.3 User Content

Your License to Us: By uploading or posting any content (“User Content”) through the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such User Content in connection with the operation of the Services.
Warranties: You represent and warrant that you own or have the necessary rights and permissions to share the User Content, and that such content does not violate the rights of any third party.

6.4 Feedback
Any suggestions, comments, or other feedback you provide regarding the Services are entirely voluntary, and you agree we may use such feedback without obligation or compensation to you.

7. Fees and Payment (If Applicable)

7.1 Subscription Plans
Certain features may require a subscription or payment of fees. We will disclose any such fees before you incur them, and by opting into the paid features, you agree to pay the indicated fees, including any applicable taxes.

7.2 Billing and Payment Terms

You must provide current, complete, and accurate billing information.
Payments may be processed by third-party payment processors (e.g., Stripe, PayPal).
You authorize us or our payment processor to charge your payment method on a recurring basis for subscription-based services, unless you cancel in accordance with our cancellation policy.

7.3 Refund Policy
Unless otherwise stated or required by law, all sales are final and non-refundable. Any exceptions (e.g., free trial periods, money-back guarantees) will be stated within the specific plan or offer.

8. Disclaimer of Warranties

8.1 As Is / As Available
To the fullest extent permitted by law, the Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

8.2 No Warranty of Accuracy
We do not warrant that the Services will be error-free, uninterrupted, or secure. Nor do we make any warranty as to the accuracy, completeness, or reliability of any content available through the Services.

8.3 No Liability for Third-Party Services
We disclaim all responsibility and liability for the acts or omissions of third-party providers, including HubSpot, Firebase, payment processors, or other third parties integrated with or linked from the Services.

8.4 Exclusions
Some jurisdictions do not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you. In such cases, warranties will be disclaimed to the fullest extent permitted by applicable law.

9. Limitation of Liability

9.1 Exclusion of Certain Damages
To the maximum extent permitted by law, in no event shall we, our directors, employees, agents, partners, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or in connection with the use or inability to use the Services.

9.2 Cap on Liability
To the fullest extent permitted by law, our aggregate liability for all claims relating to the Services shall not exceed the greater of (a) the total amounts paid by you to us in the 6 months preceding the event giving rise to the claim, or (b) fifty U.S. dollars ($50).

9.3 Basis of Bargain
You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers of warranty and limitations of liability set forth herein, which reflect an allocation of risk between the parties.

9.4 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain liabilities. In such jurisdictions, our liability shall be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and each of our respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, liabilities, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with:

Your violation of these Terms.
Your use or misuse of the Services.
Your infringement of any third party’s intellectual property or other rights.
Any content or data you provide through the Services.

11. Termination

11.1 Termination by You
You may cease using the Services at any time. If you wish to delete your account, you may do so by following the instructions provided in the App or by contacting us.

11.2 Termination by Us
We may suspend or terminate your access to the Services (in whole or in part) at any time, for any reason, with or without notice to you, including if you violate any provision of these Terms.

11.3 Effect of Termination
Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Any sections of these Terms which by their nature should survive termination (e.g., indemnification, limitation of liability, governing law) will survive.

12. Governing Law and Dispute Resolution

12.1 Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles.

12.2 Arbitration
If permissible by your local laws, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved by binding arbitration administered by [Arbitration Association] under its rules. Judgment on any arbitration award may be entered in any court having jurisdiction.

12.3 Class Action Waiver
To the fullest extent permitted by law, you agree that any disputes shall be resolved on an individual basis, and you waive any right to bring or participate in a class action, consolidated, or representative proceeding.

12.4 Injunctive Relief
Notwithstanding anything to the contrary, either party may seek injunctive or equitable relief from a court of competent jurisdiction to protect its intellectual property or confidential information.

13. International Users

13.1 Compliance with Laws
You are responsible for ensuring that your actions comply with all applicable laws, rules, and regulations in the jurisdiction where you reside or access the Services.

13.2 Cross-Border Data Transfers
By using our Services, you consent to the transfer of your personal information to countries outside of your residence, including the United States, which may have different data protection rules than those of your country.

14. Miscellaneous Provisions

14.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies incorporated by reference, constitute the entire agreement between you and us regarding your use of the Services and supersede any prior or contemporaneous understandings.

14.2 Severability
If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be severable from the remaining provisions, which shall remain in full force and effect.

14.3 No Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right under these Terms shall not constitute a waiver of such right.

14.4 Assignment
You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. We may freely assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

14.5 Third-Party Beneficiaries
No provision of these Terms is intended to create or confer any rights, benefits, or remedies in favor of any third-party person or entity, except as expressly stated.

14.6 Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, or shortages.

15. Contact Information

For any questions or concerns about these Terms, or to notify us of any issues or disputes, please contact us at:

Email: dev@smarter.day