Terms and Conditions of Use
These Terms and Conditions of Use (“Terms”) are the exclusive terms governing Customer’s use and access to the Software. Customer’s use or access of the Software and acceptance of these Terms shall not be deemed to constitute or create any further relationship with SMART Service Desk. Customer and SMART Service Desk shall remain independent parties at all times. These Terms shall not supersede any license or other agreement between Customer or Customer’s organization and SMART Service Desk.
Customer acknowledges that SMART Service Desk reserves the right to update or modify these Terms at any time with or without notice. Updates will be published here: www.smartservicedesk.com/terms.html
Customer understands and agrees that its continued use of the Software after any such update or modification of these Terms constitutes Customer’s explicit acceptance of any updates or modifications.
- Provided You comply with these Terms, including all Registration requirements, SMART Service Desk grants You a non-exclusive, non-transferable, limited privilege to use the Free Trial Software
- Completing the registration process provided below constitutes your consent to receive communications from SMART Service Desk regarding SMART Service Desk products and services, and/or any other related Software .If, at any time, You do not want to receive these communications, You may opt out these communications at the bottom of any notification or by emailing to firstname.lastname@example.org
- SMART Service Desk has the right, but not the obligation, to, at any time, modify or delete any and all content posted on the website.
Free Trial Registration
To register in the SMART Service Desk Trial Account, you must register as a customer using SMART Service Desk Free Trial Account. Registration is limited to individuals. Registration is free of charge and by registering or accessing the free trial, Customer agrees to abide by these Terms. SMART Service Desk reserves the right to reject or terminate the registration of anyone not meeting all of the foregoing qualifications.
When You register, You must provide a unique and valid email address. Login details will be shared to the provided email address. Duplicate email addresses are not allowed, so if the email address You enter is already in use You will be prompted to provide another one. To prevent a potential Customer from using another Customer’s account, each account is password protected.
Customer is responsible for password safety and security and any activities or actions associated with the account. Customer can not change the login ID but can change email address associated with the account to receive email notifications using user profile option after logging to the application. Entering an invalid Login ID or password may cause the account to become unusable until a SMART Service Desk representative corrects the information manually. You may contact email@example.com for any assistance.
Customer accepts that during the registration process, SMART Service Desk shall treat Customer’s personal information in accordance with SMART Service Desk’s Privacy Statement available at www.smartservicedesk.com/privacy.html . By completing the registration process, Customer represents and warrants that no false statements were made in the registration process as to identity, organizational affiliation or otherwise.
Comportment when Accessing or Using the Software
Customer agrees not to post data or make available any content in accordance with the privacy data available at www.smartservicedesk.com/privacy.html .
- To engage in spamming, "chain letters," "pyramid schemes" or other advertising or marketing activities that violate any applicable laws, regulations or generally accepted advertising industry guidelines;
- In a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable in accordance with the general standards of similar commercial communities, as determined in SMART Service Desk’s sole discretion;
- To impersonate any other person, falsely state or otherwise misrepresent an affiliation with any person or entity or to obtain access to the Software for unethical purposes;
- For the purpose of storing files and information unrelated or inconsistent with the stated purpose of the Software;
- To introduce any content to the Software that contains computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- In a manner to interfere or attempt to interfere with the proper working of this Software, preventing others from effectively using or accessing this Software or in a manner that disrupts or negatively affects the normal flow of dialogue;
- To manually or through automated means access or manage another Customer’s account or monitor or copy this Software or the content contained therein; or
- In a manner that employs misleading email or IP addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Software or to other Customers.
- In violation of any applicable law, regulation or code;
- In a manner that infringes, violates or misappropriates any third party's intellectual property, proprietary or contractual rights;
- In a manner that is misleading, deceptive or fraudulent;
- In a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or infringing or invasive of another's privacy or identity;
Law & Enforcement
While using or accessing the Software, if a Customer violate these Terms, SMART Service Desk may, but is not obligated to, send a warning to the email address on file with the applicable account. If the same action continues, SMART Service Desk reserves the right to suspend or otherwise terminate a Customer’s access to the Software at its sole discretion. Notwithstanding the foregoing, SMART Service Desk at all times reserves the right, in its sole discretion, to immediately suspend or terminate a Customer’s access to the Software at any time. SMART Service Desk also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other third parties without notice to any Customer or Customer’s. In addition, in order to cooperate with governmental requests, to comply with all applicable law, to protect SMART Service Desk’s systems and customers or to ensure the integrity and operation of SMART Service Desk’s business and systems SMART Service Desk may, without notice, access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (e.g. name, email address, phone number etc.), IP address and traffic information, usage and history.
International Customers Data Access Terms
Customer’s located outside of the United States acknowledge that data may be processed in the United States or outside of their respective country and SMART Service Desk will treat such information in accordance with the SMART Service Desk Privacy Statement www.smartservicedesk.com/privacy.html and the applicable laws of the country where such information is processed. Customer’s expressly consents to processing of any information Customer provides through registration for the Free trial Software in the United States or such other countries as SMART Service Desk may, from time to time, use to process such information.
Customer is solely responsible for any content that Customer posts within the Software. Customer hereby releases and shall hold SMART Service Desk, its affiliates, employees, directors, officers, licensees, assigns and their designees harmless with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys’ fees, due to or arising out of any content submitted, posted, transmitted, accessed or made available through the Software.
These Terms are binding upon SMART Service Desk’s successors and assigns and are governed by the laws of the State of Colorado, excluding its conflicts of laws provision. Customer agrees that these Terms inure to the benefit of SMART Service Desk’s service providers (including the Community platform provider) and that such service providers may take action (including the removal of content and account disabling) in order to maintain compliance with these Terms.
Customer acknowledges and agrees that the courts of the State of Colorado shall have exclusive jurisdiction over any claim or dispute arising from or related to Customer’s use or access of the Software. Customer, by using the Software, also waives any argument that the courts of the State of Colorado do not have exclusive jurisdiction or are an improper venue for any such dispute.
If any provision of these Terms is later deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. SMART Service Desk’s failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision.
If You have any question about these Terms please reach out to a Software Administrator at firstname.lastname@example.org