Smart Grow LLC is a mobile application development company. Smart Grow LLC respects your right to privacy. This Privacy Notice explains who we are, how we collect, share and use personal information about you, and how you can exercise your privacy rights. This Privacy Notice applies to personal information that we collect through our mobile applications. If you use our applications, you agree to this Privacy Notice and your personal information in accordance with this Privacy Notice. If you do not agree to this Privacy Notice, please do not use our mobile applications.
If you may want to stop data sharing and thus terminate the current agreement, please, inform us by email: support at smartgrow dot club
2. The App is operated by Smart Grow LLC., a Russia liability limited company (and we refer to ourselves as “we”, “us” or “our”).
4. We operate the software underlying and required for your use of the App from the United States of America and it is possible that some downloads from the App could be subject to government export controls or other restrictions. If you download anything from or use the App, you represent that you are not subject to such controls or restrictions. We make no representation that anything is appropriate, permissible or available for use outside the United States, and using the App from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the App from or in locations outside of the United States, you do so on your own initiative and are responsible for:
— ensuring that what you are doing in that country is legal; and
— the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations (including any laws that relate to businesses providing services).
5. Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.
6. You shall not in any way use the App or submit to us or to the App or to any user of the App anything which in any respect:
— is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
— is fraudulent, criminal or unlawful;
— is inaccurate or out-of-date;
— may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
— impersonates any other person or body or misrepresents a relationship with any person or body;
— may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party You may not, and you may not cause or allow any third party to: (i) decompile, disassemble or reverse-engineer the App; or create or recreate the source code for the App; (ii) remove, erase, obscure, or tamper with any copyright or any other product identification or proprietary rights notices, seal, or instructional label printed or stamped on, affixed to, or encoded or recorded in or on any App or Documentation; or fail to preserve all copyright and other proprietary notices in all copies of the App and Documentation made by you; (iii) lease, lend or use the App for timesharing or service bureau purposes; sell, market, license, sublicense, distribute, or otherwise grant to any person or entity any right to use the App except to the extent expressly permitted in this Agreement; or use the App to provide, alone or in combination with any other product or service, any product or service to any person or entity, whether on a fee basis or otherwise; (iv) modify, adapt, tamper with, translate, or create derivative works of the App or the Documentation; combine or merge any part of the App or Documentation with or into any other App or documentation; or refer to or otherwise use the App as part of any effort to develop App (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the App or to compete with Smart Grow; (v) except with Smart Grow’s prior written permission, publish any performance or benchmark tests or analysis relating to the App; or (vi) attempt to do any of the foregoing;
— may be contrary to our interests;
— is contrary to any specific rule or requirement that we stipulate on the App in relation to a particular part of the App or the App generally; or
— involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
8. You agree not to access without authority, interfere with, damage or disrupt:
— any part of the App;
— any equipment or network on which the App is stored;
— any software used in the provision of the App; or
— any equipment or network or software owned or used by any third party.
9. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the App for the purpose of use on the App or for generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
10. Commentary and other materials available on the App are not intended to amount to advice on which reliance should be placed. Subject to paragraphs 32 and 33 below, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the App, or by anyone who may be informed of any of its contents.
11. You assume sole responsibility for results obtained from the use of the App, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the App, or any actions taken by us at your direction.
12. You agree to comply at all times with any instructions for use of the App which we make from time to time.
Availability of the App, Security & Accuracy
14. We make no warranty that your access to the App will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
15. Access to the App may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the App for any reason. If we impose restrictions on you personally, you must not attempt to use the App under any other name or user or on any other mobile device.
16. We do not warrant that the App will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App. We shall also not be liable for the actions of third parties.
17. We may change or update the App and anything described in it without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely.
18. We make no representation or warranty, express or implied, that information and materials on the App are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any contract that we may have with you to provide you with products.
Independence from Platforms
19. The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
20. Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.
23. We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
24. In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant Operator and that Operator will refund the purchase price for the App (if any purchase price has been paid) to you; and, to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
25. You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
26. You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.
27. You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).
Limitation of Liability
Your Representations and Warranties
31. You represent and warrant that (a) your use of the App will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.
33. Any name and/or logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of ours or our licensors.
Intellectual Property Rights
Information About You & Your Use of the App
Third Party Websites
44. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.