TERMS OF SERVICE
1. By using the smartspanner.com web site (“Service”), you agree to be bound by the following terms and conditions (“Terms”). If you enter into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account, to these same terms and conditions. If Smartspanner Ltd makes material changes to these Terms, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: smartspanner.com/terms-of-service
2. PRODUCTS AND SERVICES
2.1. Smartspanner is a platform that allows storage of asset information including maintenance tasks, breakdown information, documents, images, manuals or other files the user may upload via the software application.
2.2. Smartspanner assumes no responsibility for the correctness, completeness or quality of the information provided or stored. In particular, Smartspanner gives no guarantee of the availability of information.
2.3. Smartspanner offers a platform that allows users to manage asset maintenance activities to improve reliability and availability of assets. It also allows information to be shared within your organisation and with its users. Smartspanner takes no responsibility for the content involved in the communication between users or the content or information uploaded by users of the system. The users are responsible for the execution and responsible use of the system amongst themselves within the organisation. Smartspanner takes no responsibility for any maintenance tasks or activities that may result in any harm or otherwise to personnel, staff, visitors, equipment and assets. There is no guarantee of safe working practises, risk assessments, correct or appropriate schedules to meet with any legislation or particular requirements of the organisation using the application. Smartspanner is not responsible for any losses as a result of the information, communication or instructions provided through use of its Services.
3. REGISTRATION AND TRUTHFULNESS
3.1. A user has to register in order to use the Smartspanner Services.
3.2. The user assures that all information provided is correct and true.
3.3. The user assures that he or she is of legal age at the time of the registration.
3.4. The user is required to provide a password, and undertakes to keep this password secret. You are responsible for maintaining the security of your account and password. Smartspanner will not be liable for any loss or damage from your failure to comply with this security obligation.
3.6. By registering with Smartspanner, the user consents to enter the agreement to use the products and services of Smartspanner. Smartspanner accepts this offer by activating for this user the services of the Smartspanner platform. With this action, a contract between Smartspanner and the user is closed.
3.7. Smartspanner is technically not able to determine whether a registered user is the person he or she claims to be, nor the company they work for. Therefore, Smartspanner is not liable for the actual identity of a user or for the information provided by them.
4. USER DUTIES
4.1. The user is required to provide correct information and to not mislead any other users.
4.2. The user may choose to submit a photograph for purposes of identification.
4.3. The user is required to respect all applicable laws to the use of Smartspanner’s products and services. Specifically, the user is prohibited from using abusive or defamatory, pornographic, violent, or any other type of content which violates youth protection laws. Furthermore, the user may not offer or distribute any content which might violate such aforementioned laws, including the use of spam. Smartspanner reserves the right to instantly and permanently remove any user account that violates these terms and conditions, without warning.
4.4. The user may not transmit or disclose content protected by law (including but not limited to content protected by copyright, trademark, patent or other property rights) without an explicit authorisation by a legally recognised entity. Furthermore he is not allowed to advertise or promote products or services which might violate anti-competitive laws.
4.5. The user is not allowed to employ any software, script or other kind of mechanism in connection with the use of Smartspanner’ products and services that is not provided by Smartspanner
4.6. It is expressly forbidden to block, alter the behaviour, overwrite, modify or copy any part of the Smartspanner platform, or to make content of Smartspanner publicly available. Users are forbidden to undertake any action which might interfere with the functionality of Smartspanner.
5. COMMERCIAL AND INTELLECTUAL PROPERTY RIGHTS
5.1. The brands and other information appearing in the Smartspanner platform, applications or website are the property of their rightful owners, even if they are not explicitly mentioned or marked as such.
5.2. Smartspanner’s website, mobile applications, underlying database and software are protected by copyright.
5.3. Smartspanner expressly reserves the rights under law which protect the software, database, design, brand or parts thereof.
5.4. This also applies to published texts and the logo.
5.5. Copying, redistributing, transmitting or publishing of data in any form, and especially for commercial use, is forbidden unless explicitly permitted under copyright law. Private use of data is permitted. Also permitted is the linking of external websites to the Smartspanner website by use of links.
5.6. Any use not addressed in these Terms & Conditions requires the prior explicit and written consent of Smartspanner.
6. PAYMENT,REFUNDS,UPGRADING,DOWNGRADING TERMS
6.1. All users signing up to a paid plan, must enter a valid credit card. Trial Period accounts are not required to provide a credit card number during the free trial.
6.2. When upgrading from a trial plan to a paid plan we will bill you immediately
6.3. All plans using a monthly billing cycle are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
6.4. When changing from a monthly billing cycle to a yearly billing cycle, Smartspanner will bill for a full year at the next monthly billing date.
6.5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
6.6. For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
6.7. For upgrades or downgrades while on a yearly plan, Smartspanner will charge or refund the difference in plan cost, prorated for the remaining time in your yearly billing cycle at the end of the month that the upgrade or downgrade occurred.
6.8. Downgrading your Service may cause the loss of Content and information of your Account. Smartspanner does not accept any liability for such loss.
7. MODIFICATIONS TO THE SERVICE AND PRICES
7.1. Smartspanner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
7.2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by emailing all users or posting the changes to the Smartspanner Site (www.smartspanner.com) or the Service itself.
9.1. Smartspanner accepts no liability for damages caused by faulty data from or through the use of the Smartspanner products or services unless explicitly agreed.
9.2. Smartspanner is not liable for negligence or wilful damage, and especially not liable for any losses or damage to equipment, assets, tools, personnel or buildings as a result of using the platform.
9.3. Liability limitations apply also to the liability of the employees of Smartspanner.
9.4. Smartspanner provides its services at its own discretion and reserves the right to stop supporting the services provided by the platform without prior notice.
9.5. The user frees Smartspanner from all claims, including claims for compensation that she, he or any other third party might have against Smartspanner due to rights violation of the content provided through the Smartspanner platform.
9.6. In the case of a user’s violation of the rights of a third party, the respective user agrees to incur all the costs including the costs for legal defence. All other rights, including claims for damages of Smartspanner remain unaffected.
9.7. The aforementioned obligations of the user shall not apply in the case that the user herself or himself is not responsible for the infringement.
9.8. If the content provided by a user infringes the rights of any third party, the user shall procure the right for Smartspanner to use such contents free of any infringement. If the user violates the rights of a third party by using the products or services of Smartspanner, the user is immediately to cease the breach of contract and/or illegal use upon request by Smartspanner.
The place of jurisdiction for any legal dispute between the parties is the United Kingdom, independently of the origin or registration place of the user. The contractual relationship between the parties is governed by the laws of the United Kingdom, under exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods.
11.1. Smartspanner dissociates itself from all contents of links provided or uploaded on the Smartspanner platform and declares these contents not to be its own. In particular no liability is taken for indirect or direct damage caused by these links or their content. Smartspanner does not check or control the content of such links. Smartspanner explicitly disclaims all responsibility for any information and content provided by any website or link which is not directly hosted on a Smartspanner server.
11.2. Smartspanner is not responsible for any content created by Smartspanner users. In particular, Smartspanner does not guarantee that such content represents true information. In the case of an illegal use of Smartspanner products or services, or any case that violates these Terms and Conditions, anyone may contact Smartspanner at any time via email to email@example.com
12. FINAL PROVISIONS
12.1. If any provision of these Terms proves to be wholly or partly invalid, it will not affect the validity of any of the remaining clauses or remaining parts of these clauses.
12.2. An invalid provision must be substituted by the involved parties with a clause that fulfils the commercial purpose and that comes the closest to address efficiently the inadequacies of the invalid provision.
12.3. Smartspanner reserves the right to change these Terms at any time and without giving any reason. If the user does not explicitly disagree in written form with a revision of the Terms within two (2) weeks of notification, the amended Terms and Conditions are considered to be accepted by the user.
12.4. Unless otherwise agreed, the user may for all purposes contact Smartspanner by email at firstname.lastname@example.org.
12.5. Smartspanner may send notifications to the users via the Smartspanner platform or by email to the email address provided in the user’s own Smartspanner account.