Terms of Use

Smartest Learning’s terms of use

Those terms of use are effective as of April 25th, 2022

Purpose and scope

These terms of use describe your rights and obligations when you use Smartest Learning AG’s Apps and other services (we will refer to them as our “Services”). 

Acceptance 

By using any of our Services, including visiting the website www.smartest.io, you agree to these terms. If you do not agree, you may not use our Services.

By using our Services, you also confirm that you have reached the legal minimum age for consent to these Terms of use or, if this is not the case, that your legal representatives have given their consent.

Applicable law

These terms are governed by the laws of Switzerland. Any dispute arising under or in connection with these Terms of use shall be subject to the jurisdiction of the Courts of Zurich, Switzerland.

Changes to the terms of use

These terms may be updated from time to time. Should the changes be material, we will inform you by posting the changes through the Services and/or sending you a message. This will allow you to decide whether to continue using the Services. Should you continue using the Services after the changes have been published, this will constitute your acceptance of the updated terms of use.

Contact details

Smartest Learning AG, Technoparkstrasse 1, 8005 Zurich, Switzerland.

Email: support@smartest.io

Privacy

Our privacy policy describes how your information is processed. By using our Services you agree we can process your information in accordance with our privacy policy.

Registration

When registering to our Services, you will be asked to provide a password. You are responsible for safeguarding your password and you should never disclose it to anyone. You agree that you will be responsible for any activities that occur under your account, whether or not you have authorized them. You shall immediately notify Smartest Learning of any unauthorized use of your password.

Termination

Smartest Learning reserves the right to terminate your usage of the Services, if we believe the use of your account is unauthorized, fraudulent or otherwise unlawful, and for any behavior that involves misconduct, abusive or offensive behavior, or supplying false or misleading information, and for any breach of these terms of use.

You can end your usage of the Services at any time by contacting us on support@smartest.io. Your account and data will then be deleted.

Permitted use of content

You agree that you will not post any content that is abusive, obscene, defamatory, threatening or otherwise offensive in violation of any part of our Terms of use.

By posting your content through our Services, you grant Smartest Learning permission to use it. We will not claim any ownership to your content, but you grant us permission to use it to improve our Services.

You agree to be respectful of others’ intellectual property rights when you provide content to Smartest Learning and other users as part of your use of the Services. You may not upload, transmit, or otherwise distribute any content in violation of intellectual property laws or proprietary rights of any third parties. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law. In addition, you are solely responsible for infringement of third party rights caused by any information that is generated or submitted through your use of the Services.

We can remove any content or information you share should we believe it violates these Terms of use.

Exclusion of Liability

You acknowledge that Smartest Learning AG, its officers, directors, affiliates, employees or agents shall not be liable in any way for any damages whatsoever, including but not limited to direct, indirect, incidental, consequential, special or punitive damages, third party claims, lost profits, goodwill impairment, loss of revenue or data in connection with the use of the Services and/or your visit to the Website. To the extent permitted by law, liability is fully excluded.

You agree to protect, defend, indemnify and hold harmless Smartest Learning AG, its officers, affiliates, employees or agents from and against all claims, losses, liabilities, causes of action, judgments, penalties, costs, damages and expenses (including attorneys’ fees, litigation costs and expenses).

You also agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.