Terms and Conditions

These Terms and Conditions ("Terms" or "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Smart Inkler ("Company", "we", "us", or "our") governing your access to and use of the Smart Inkler website, desktop software, and all related services (collectively, the "Service").

BY CREATING AN ACCOUNT, DOWNLOADING, OR OTHERWISE USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY AND END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

1. Definitions

• "Account" means the registered user profile you create to access the Service.
• "Content" means any data, text, files, annotations, or other materials you upload, create, or process through the Service.
• "Subscription" means a recurring paid or trial plan that grants access to the Service for a defined billing period.
• "Free Trial" means a limited-period, no-charge access to the Service offered at the Company's sole discretion.
• "Fees" means all amounts payable by you for a Subscription as set out on our Pricing page.

2. Eligibility and Account Registration

To use the Service you must: (a) be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater; (b) have the legal capacity to enter into a binding agreement; and (c) not be prohibited from receiving the Service under applicable law.

When registering an Account you agree to provide accurate, current, and complete information and to keep it up to date. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at [email protected] upon becoming aware of any unauthorised use of your Account.

The Company reserves the right to refuse registration, suspend, or terminate any Account at its discretion, including where it reasonably suspects fraudulent or unlawful activity.

3. Subscriptions and Billing

3.1 Subscription Plans

Details of available Subscription plans, including features and pricing, are available on our Pricing page. The Company reserves the right to modify plans and pricing with at least thirty (30) days' advance notice to existing subscribers.

3.2 Billing and Payment

Fees are billed in advance on a recurring basis (monthly or annual, depending on your selected plan). Payment is processed via our authorised payment processor. By providing payment details you authorise us (or our payment processor) to charge the applicable Fees at the start of each billing period.

All Fees are stated exclusive of applicable taxes (including VAT). Where applicable, VAT or other taxes will be added at checkout in accordance with your jurisdiction.

3.3 Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date via your Account settings or by contacting us at [email protected]. Cancellation takes effect at the end of the current billing period; you retain access until that date.

3.4 Failed Payments

If a payment fails, we will notify you and may retry the charge. If payment remains outstanding after seven (7) days' notice, the Company reserves the right to suspend or downgrade your access to the Service until payment is received.

4. Free Trial

We may offer a Free Trial at our sole discretion. Free Trials are intended for evaluation purposes only. At the end of the trial period, your access will either revert to a free tier (if available) or terminate unless you subscribe to a paid plan. The Company reserves the right to modify or discontinue Free Trial offers at any time without notice.

5. Refund Policy

Unless otherwise required by applicable mandatory law (including EU consumer protection legislation), Fees are non-refundable. Consumers resident in the European Union have the right to withdraw from a distance contract within fourteen (14) days of purchase, unless they have already started using the Service and expressly waived this right at the time of purchase.

Refund requests should be submitted to [email protected] within the applicable period, including your Account details and reason for the request. The Company will process eligible refunds within fourteen (14) days of approval.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with these Terms. You must not:

• Use the Service in any manner that violates applicable local, national, or international law or regulation.
• Infringe the intellectual property, privacy, or other rights of any third party.
• Transmit, upload, or process any Content that is unlawful, defamatory, obscene, harmful, or otherwise objectionable.
• Attempt to gain unauthorised access to any part of the Service, its infrastructure, or other users' Accounts.
• Use automated means (bots, scrapers, crawlers) to access the Service without prior written authorisation.
• Introduce viruses, malware, or other harmful code into the Service.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Engage in any conduct that disrupts or interferes with the operation of the Service.

The Company reserves the right to investigate and take appropriate action, including suspension or termination of your Account and referral to law enforcement, in response to any suspected violation of this Section.

7. User Content

You retain all ownership rights in and to the Content you create or process using the Service. By using the Service, you grant the Company a limited, worldwide, royalty-free, non-exclusive licence to process your Content solely to the extent necessary to provide the Service and fulfil our obligations under this Agreement.

You represent and warrant that: (a) you own or have the necessary rights to your Content; (b) your Content does not infringe any third-party rights; and (c) your Content complies with applicable law.

The Company does not routinely monitor user Content but reserves the right to remove any Content that violates these Terms or applicable law.

8. Intellectual Property

The Service, including all software, design, graphics, trademarks, and documentation, is the exclusive property of the Company and its licensors and is protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership of the Company's intellectual property to you.

The "Smart Inkler" name and logo are trademarks of the Company. You may not use these marks without the Company's prior written consent.

9. Third-Party Services

The Service may integrate with or link to third-party services, applications, or websites. These are governed by their own terms and privacy policies, and the Company assumes no responsibility or liability for their content, practices, or availability. Your use of any third-party service is at your own risk.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and processing of personal data in connection with the Service is described in our Privacy Policy, which forms an integral part of these Terms. Where applicable, we process personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and other applicable data protection laws.

11. Service Availability and Maintenance

The Company will use commercially reasonable efforts to make the Service available. However, the Company does not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable for maintenance, updates, or reasons beyond the Company's reasonable control (including force majeure events such as natural disasters, government action, or third-party infrastructure failures).

The Company will endeavour to provide advance notice of planned maintenance where practicable.

12. Modifications to the Service and Terms

The Company reserves the right to modify, update, or discontinue any aspect of the Service at any time. Where changes are material, the Company will provide at least thirty (30) days' advance notice by email or via the Service.

The Company may also update these Terms from time to time. The updated Terms will be posted on this page with a revised effective date. Continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must cease using the Service before the effective date.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Nothing in this Section shall exclude or limit any statutory right or consumer protection guarantee that cannot be waived under applicable mandatory law, including those available to EU consumers.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS UNDER OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED EUROS (€100).

Nothing herein shall exclude or limit liability that cannot be excluded or limited under applicable mandatory law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in breach of these Terms; (b) your Content; (c) your violation of any applicable law; or (d) your infringement of any third-party rights.

16. Suspension and Termination

16.1 Termination by You

You may terminate your Account at any time by cancelling your Subscription and deleting your Account through the Account settings or by contacting us. Termination does not entitle you to a refund except as provided in Section 5 or under mandatory applicable law.

16.2 Suspension or Termination by the Company

The Company may suspend or terminate your Account and access to the Service, with or without notice, if: (a) you materially breach these Terms; (b) your payment obligations remain outstanding after the notice period in Section 3.4; (c) we are required to do so by law; or (d) we reasonably suspect fraudulent, illegal, or abusive activity on your Account.

16.3 Effect of Termination

Upon termination: (a) your right to access the Service ceases immediately; (b) you remain liable for all Fees accrued prior to termination; and (c) provisions that by their nature survive termination (including Sections 8, 13, 14, 15, 18, and 19) shall continue in full force and effect. The Company may delete your Account data in accordance with its data retention policies and applicable law.

17. Links and Third-Party Content

The Service may contain links to third-party websites or resources. These links are provided for convenience only. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity or enforceability of the remaining provisions.

19. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Hungary, without regard to its conflict-of-law principles, and subject to the mandatory consumer protection provisions of European Union law applicable to consumers habitually resident in the EU.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts of Budapest, Hungary, unless mandatory applicable law requires the dispute to be heard before the courts of your place of habitual residence.

If you are an EU consumer, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

20. Entire Agreement

These Terms, together with the Privacy Policy and EULA, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior discussions, understandings, and agreements. In the event of any conflict between these Terms and the EULA, these Terms shall prevail to the extent of the conflict unless the EULA expressly states otherwise. No waiver of any breach shall constitute a waiver of any subsequent breach.

21. Contact

For questions, notices, or concerns about these Terms, please contact us:

• Email: [email protected]

The Company will endeavour to respond to all legal enquiries within ten (10) business days.