Smabbler :: General Terms & Conditions and Privacy Policy

General Terms & Conditions and Privacy Policy

We’re delighted to welcome you and present these terms governing how we ("Smabbler") provide our expert data analysis product - the “Services”. Here, you (the “User”) will find comprehensive information about (i) our business and legal relationship, (ii) the use of our Services, including your rights and responsibilities, and (iii) the scope and limitations of the Services and products we provide.
These Terms of Services form a contract between you and us for the Services and may be amended from time to time (each initial and subsequent version is referred to as the "Terms"). Unless we explicitly agree otherwise in writing, your agreement with us will always include these Terms that also include our Privacy Policy and other Special Terms that may apply or be agreed separately.

General Provisions

These Terms govern how you may access, and we may grant you a non-exclusive right to use our Services (called a license in legal language). Please note that you, as our user, either acting in your own name or on behalf of an entity must fully agree to these Terms and any policies incorporated in them by reference. By accessing or using our Services via our website, API or other means, you agree to be legally bound by these Terms and referenced documents or you must otherwise not use the Services.

Conditions of using our Service

You agree not to use this site or its Content for any illegal or unauthorized activity. You agree that you will not use any device, software, or other technology to interfere or attempt to interfere with the proper working of this site. You agree not to deploy automated agents or other technology to collect, harvest, mine, or otherwise interact with this site, unless you follow standard connectivity and management policies. You agree that we can, at our sole discretion, prohibit such automated activities. The reproduction, modification or distribution of any or all of the Smabbler website or service, in any form and in any manner whatsoever, is prohibited without the express, written permission of Smabbler.

Compliance with Local Laws

You are solely responsible for compliance with local laws under applicable jurisdiction that may apply to your actions while you are using our Services. We do not intend to distribute or allow use of our Services in jurisdictions where it is contrary to applicable laws, including AI regulations governing usage of large language models (LLM) or data privacy laws.

Intellectual Property Rights

You acknowledge that the Smabbler data constitutes a rich ensemble of information and any intellectual and industrial property rights in Smabbler services, software, visual identity, algorithms and databases remain the property of Smabbler or of its franchises/partners, as appropriate, or of third parties for content provided by such third parties, and are protected by U.S. and international copyright laws. Smabbler reserves all rights, property and interests to: (a) the original elements appearing in the work and any procedural documents realized as part of the services, including but not limited to any intellectual property right pertaining thereto; and (b) all processes, techniques, developments and know-how, whether or not incorporated in the services that Smabbler may be required to develop or provide as part of the services.

Ownership of Software and Materials

Under these Terms, no intellectual property rights are assigned or transferred, or claimed to be assigned or transferred, to you. All rights, title, and interest in such property will remain solely with Smabbler or respective third parties. We explicitly state that we claim no ownership, responsibility, or intellectual property rights over any of the content or materials that you provide to us via our Services or otherwise.

License to Access and Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services in connection with your business use. However, this license is subject to these Terms and does not include any right to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit for any commercial purpose whatsoever, without our express prior written permission.

Registration and Use

Our Services are exclusively crafted and delivered for business use and must only be used for business purposes. Individuals operating outside their professional trade, business, craft, or profession, or individuals who are under the legal age, must not register or use our Services. If you are accepting these Terms representing a company or any other legal entity, it's assumed that you have the necessary legal authority to bind that entity to these Terms, henceforth, the term 'you' will directly refer to that entity. In absence of such authority, you must not access or use our Services.

Registration and Security

For you to utilize the functionalities of our Services, it's necessary for us to register an account on your behalf and provide you with setup instructions. The registration process requires us to record your full legal name, valid email address, and additional information solicited in the registration form. Following your registration, you bear the sole responsibility for safeguarding the security of your account, which includes the protection of your login credentials. You are also responsible for all activities occurring within or linked to your account. Should there be any unauthorized access or use of your account, you must promptly inform us.

Legal and Ethical Use of Services

When you register your accounts with us and use our Services, you agree and affirm that: (a) misrepresentation of your identity or affiliations while using our Services is not permitted and all information you provide is accurate, current, complete, and truthful, and you commit to maintaining its accuracy at all times. Likewise, unauthorized access to our Services with the aim of bypassing usage restrictions is strictly forbidden; (b) our Services must not be used for any illegal purposes nor to engage in illegal, libelous, or tortious acts. You will use our Services in compliance with all applicable laws that must be respected; (c) under no circumstances should you introduce any malicious code capable of compromising the integrity of computer software, hardware, or telecommunications equipment. It is strictly forbidden to interfere with our Services, or impede other users' experience. (d) you are expressly prohibited from copying any portion of our Services, our website, or other Smabbler’s materials, including but not limited to features, functions, or user interfaces. Likewise, reverse engineering or efforts to decipher our Services or functionalities are not permitted; (e) our Services must not be utilized to create a competitive product or service, nor will use the output from the Services to compete with us or enable other entities or individuals to access our Services unless authorized by us.

Right to Terminate or Suspend Access

You acknowledge that participating in activities that could result in harm, loss, or damage to us or to third parties is strictly forbidden. entering into and fulfilling a contract based on these Terms will not infringe upon any other agreements to which you are a party to. In the event of a breach of any of the above commitments, or any other rules specified under these Terms, we reserve the right to suspend or terminate your account and access to our Services without notice period. Further, we may refuse any and all current or future use of our Services. The decision to suspend, terminate, or refuse service is at our sole discretion and will be enacted to uphold the integrity, security, and quality of our Services.

User Account and Paid Services

Some sections of the Services are accessible solely to users having created a user account. As part of the creation of their account, users must provide some information about themselves. Users undertake to provide full and accurate information, and to ensure it remains up-to-date. Users represent and warrant that information provided when registering or subsequently is true and not misleading. Users are solely responsible for keeping their password confidential. You agree that You are responsible for all of your use of the site including for the use of your account by others.

Service Plans

Subscriptions can be taken out for periodic or quantity-based services (depending on the option chosen in the subscription form). Ongoing subscriptions can be explicitly extended for additional periods or quantities at any time, until the service is terminated by the user. When subscribing to a periodic service package while another of a different type is still active, the current package is tacitly terminated and the newly ordered package is activated. Smabbler does not refund unused periods or unused parts of purchased service packages. Payment for the service is done via a secure internet solution. If users subscribe to access to paid services, they must agree to the Smabbler general terms and conditions.

Subscription and Payment

Pricing

The prices invoiced shall be those in force on the date of the order, in accordance with applicable tariff conditions. All prices are excluding tax, unless otherwise specified. All orders shall constitute an acceptance of the price and descriptions of the services proposed. Services come into effect as soon as they are placed online. We reserve the right to modify the tariff conditions. If this occurs, any changes made shall affect only those orders placed subsequent to the changes.

Demo Version

We may offer a limited-time demo version of our Services to newly registered users. After the demo period, there's no obligation to purchase a full subscription plan. The demo version of our Services is intended for evaluation purposes, and thus the usage may be limited. The limitations of the demo version are at our discretion and can be changed at any time. These Terms apply to all uses of our Services, whether under a paid subscription or during the demo period.

Renewal and Cancellations

The terms for each subscription plan can be found in our Pricing section. Each subscription will automatically renew for a period equal to the original subscription term, unless it is cancelled by you or us according to these Terms.

Subscription Cancellation

You can cancel your subscription per the conditions of your subscription plan, through your account settings or specific terms that we have agreed upon in writing. If applicable, the cancellation will take effect at the end of the current billing cycle. Please remember that we have a no-refund policy and previous payments are not eligible for refund under any circumstances. Please be also aware that all Services will be suspended or terminated following the termination of your subscription.

Surviving Obligations

After the termination of your subscription, we may, but are not required to, retain your account data and settings for a minimum of 90 days for future account restoration and business development purposes. Obligations under these Terms not fully discharged, along with provisions on intellectual property rights, disclaimers, limitations of liability, indemnification, data retention and portability, dispute resolution, governing law and jurisdiction, among others, will survive subscription cancellation or termination of our agreement.

Termination and Suspension

These Terms come into effect when you first use our Services and continue until terminated. You can terminate these Terms at any time for any reason by discontinuing the use of our Services. We can terminate these Terms for any reason by providing you a 30-day advance notice. Immediate termination can happen if you materially breach sections related to Usage Requirements, Confidentiality, Security and Data Protection, Dispute Resolution or General Terms, due to changes with third-party tech providers outside our control, or to comply with legal or government requests. Access to Services can be suspended if you violate these Terms, pose a security risk, use our Services fraudulently, or expose us or any third party to liability.

Your Input and Generated Content

You may supply data to our Services ("User Input"), in forms and formats supported by our systems, and in return receive output ("Service Output"), derived from this User Input. Collectively, these constitute "User Content". You retain full ownership of all User Input, and we grant you full rights to the Service Output, allowing you to use User Content for any lawful purpose, including commercial uses, subject to restrictions and limitations of these Terms. However, you are accountable for the User Input sent to our systems, and you consent to us to processing this information to the extent and for the purpose of providing you, our Service. You also confirm that your usage of Services is strictly for work-related, non-personal purposes and that you have procured all necessary consents required to disclose the User Input to us and have it processed by our systems.

Content Accuracy and Commonality

Despite continuous improvement efforts, due to the probabilistic nature of machine learning, Service Output might not always be accurate. It is your responsibility to evaluate the accuracy of any Service Output for your specific use case, which may include human review of the Output. In addition, due to the inherent nature of machine learning, Service Output might not be unique across all users. The same or similar output may be produced for different users. Any such output created for other users is not considered your User Content.

External Links and Interactions with Third-Party Services

Links to external sites or resources may be included in our Services, systems, website or emails. We do not assume responsibility for these external contents, and your interaction with these is at your own risk. Our Services may interface with third-party applications or services. Any exchange of data between you and such third-party providers is a direct interaction between you and the said provider. We neither endorse nor provide support for these third-party applications or services, regardless of whether they are marked as “certified” or otherwise.

Responsibility for Content

You shall be responsible for any content that you place or make available on the Website and confirm that the materials comply with all obligations set out in these Terms, and in particular that: (a) your material does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Website; You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Smabbler may therefore not be held liable for the content of any data or information transmitted by users, even if accessible via our website.

Privacy and Security

We are committed to protecting and respecting your privacy. This privacy policy is about the way we use the personal information of users. If you use our Service, this privacy policy applies to you. We do not control, nor are we responsible for, the privacy practices of those sites to which we link and, therefore, you agree to read the privacy policies of those sites. We do not sell or otherwise provide personal information to other companies for the marketing of their own products or services. We will retain your information for as long as your account is active or as needed to provide You services or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. The user undertakes to refrain from disclosing any confidential information received from Smabbler.

Information We Collect

We may request that an entity applying for an account with Smabbler provide us with certain personal information (such as its name, email address, etc.) relevant to our provision of the various services offered on our site. If you choose not to share your information, you may not be able to access or use some areas of our websites. We may use your email address to send you a confirmation of any order you make from or through us, to confirm any account changes you make, and to respond if you contact us about our services. We might also use your email address to bring you news such as changes to the way you can use our online services or new services and special offers, we think you might be interested in. We do not collect any personal information other than that which is specifically and knowingly provided to us. When we request information, we explain how it may be used and give you an opportunity to request that the information not be used for those purposes. Any communications sent from us in the future will include a means to opt out, such as through an opt-out link in the communication.

Cookies

Cookies are information files stored on your computer, tablet or smartphone that help websites remember information about your visit. Cookies can help to provide improved services matching your interests. For account management purposes, Smabbler may use cookies, web beacons and other monitoring technologies to compile anonymous statistics about site users. If you choose not to share your information, you may not be able to access or use some areas of our websites.

Sharing Information

Data protection and Freedoms

The personal information provided to or gathered by Smabbler is controlled by Smabbler sp. z o.o. (Reg. No. 381478404), a European Union (EU) company located at Lipowa 11, Rzeplin 55-020, Poland. The information is processed pursuant to provisions of the Act dated 28 August 1997 on Personal Data Protection (Journal of Laws of 2002, No. 101, item 926, as amended) and Act dated 18 July 20012 on Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended), as well as the General Data Protection Regulation (GDPR) (EU) 2016/679. You are entitled to information regarding your data provided to Smabbler, to limit or object to processing of the data, and transfer, make changes to, or remove the data. The data can be modified through the user panel or by contacting us at: support@smabbler.com. You have the right to lodge a complaint to the data supervisory authority if you think that processing your personal data violates the law. You are entitled to file claims concerning issues relating to the functioning of the service. Complaints should be addressed to support@smabbler.com. Claims may not relate in particular to: web browser function, user devices or Internet connection, or other circumstances associated with parties, for whose activities or negligence Smabbler is not responsible.

Operator Disclaimer

Please be aware of the following: (a) You use the Services at your own risk. You should not rely on our Services for advice. (b) We are not an agent for and do not give guarantees for any data you access using our Services or organizations and their goods and services. (c) Our Service may contain hyperlinks to websites run by companies other than Smabbler. We do not control, and are not responsible for, any other websites made available from or through our Service. (d) We cannot guarantee the accuracy of the results of any search or analysis made via our Services. (e) We are not liable to you for any other loss as a result of theft, destruction of information, or someone getting access to our records, programs or services without our permission. (f) We reserve the right (at our free and unfettered discretion) to restrict, suspend or stop access to all or any part of our Service at any time.

Warranty and Liability

You understand and agree that to the extent permitted by law: (a) Our Services and content on this site are provided on an "As is" and "As available" basis. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and against infringement. (b) We make no warranty that: (I) the functions of and services provided in this site will be uninterrupted, secure or error- free; (ii) defects will be corrected; or (iii) this site or the server that makes the services available are free of viruses or other harmful components. (c) We make no warranty regarding the accuracy, veracity, integrity or quality of the content, sites or resources made available on or from this site, including, but not limited to, any warranty that such content, sites or resources will be free of material that is offensive, indecent or objectionable. (d) Any material downloaded or otherwise obtained through the use of our Service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Maximum Liability

In no event will our total liability to you exceed the amounts of payments we received from you in the 1 month preceding the incident. Your exclusive remedies in the event that we breached any of our warranties to you herein, are (1) termination of the agreement and refund of payment upon termination.

Indemnity

Under no circumstances may Smabbler or its associated companies be held liable for any direct, indirect, special, consequential or other loss or damage (including, but not limited to, reasonable attorneys' fees, failure to make a gain, interruption to business and loss of programs or other data) caused by the use of, or reliance on the Information located on or gained through our Services or on any other linked site, your violation of these Terms, or your violation of any rights of another, even if we are advised of the possibility of such damages.

Final Provisions

We may change these conditions at any time without notice. Please check these conditions from time to time for any changes. By continuing to use our Service you agree to made changes to these conditions. The laws of Poland apply to your use of our Services and this agreement, and you agree to keep to these laws. Any dispute, controversy, or claim related to this agreement shall first be negotiated informally for at least sixty (60) days before initiating court proceedings, exclusively in competent courts in Warsaw, Poland.

Partial Invalidity and Non-Waiver

If one or more provisions of these General Terms and Conditions are held to be invalid or are declared as such in application of the law, regulations or following the binding decision of a competent court, the remaining provisions shall retain their full validity and scope. If either party refrains from relying on a breach by the other party of any obligations set out in this Agreement, this shall not be interpreted as a waiver of the obligation in question for the future.

Force majeure

Without prejudice to the payment obligations, neither Party’s liability shall be triggered for failure or delay in performing its obligations arising hereunder if that failure or delay is attributable to a case of force majeure as defined by jurisprudence, as well as by any event outside the reasonable control of Smabbler, such as natural catastrophes, war, acts of terrorism, civil unrest or social movements.

Contact

Smabbler services are provided by Smabbler sp. z o.o. (Reg. No. 381478404), a European Union (EU) company located at:
Lipowa 11, Rzeplin 55-020, Poland. E-mail: info@smabbler.com

The Services are not free of charge, and you are required to pay all applicable fees to access and use them. Our Services are available for purchase under a variety of custom plans, each with its own set of features, functionalities, and corresponding prices. You must review and agree to the terms of the chosen plan upon initial selection and at the time of any subsequent modifications.