Welcome to Smartcheckups.com, which is owned and operated by Lean Breweries CVBA (Ghent, Belgium), hereunder referred to as “SmartCheckups”. These Terms of Service govern your access to and use of SmartCheckups' Content Management System (the "Site") and tablet application (the "App"), any information, text, graphics, or other materials created and/or provided by SmartCheckups and appearing on the Site and App (the "Content"), Files (as defined below) and any services and/or software provided through the Site and App or by SmartCheckups (the "Services"). These Terms of Service limit SmartCheckups' liability and obligations to you (the "Customer"), grant SmartCheckups certain rights and allow SmartCheckups to change, suspend or terminate your access to and use of the Site, App, Content, Files and Services. Your access to and use of the Site, App, Content, Files and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, App, Content, Files and/or Services you agree to be bound by these Terms of Service.
You understand that by clicking the “I agree” button, by using the site, app, content, files and/or services or your account you are agreeing to be bound by these terms of service. If you do not accept these terms of service in their entirety, you may not access or use the site, app, content, files or services. If you agree to these terms of service on behalf of a business, you represent and warrant that you have the authority to bind that business to these terms of service and your agreement to these terms will be treated as the agreement of the business. In that event, "you " and "your" will refer and apply to that business.
App: the mobile tablet application of SmartCheckups;
Content: any information, text, graphics, or other materials created and/or provided by SmartCheckups and appearing on the Site and App;
Customer: means you;
Subscription: means the method of purchasing report credits set out in ‘Subscription Plan’;
Subscription Amount: means the amount (excl. VAT) that the Customer agreed to pay as set out in the SmartCheckups website;
Subscription Customer: means a Customer who agreed to purchase Credits on a Subscription basis;
Report Credits: means the credits that enable the Customer to fully utilise the functionalities of SmartCheckups and to finalize reports as completed;
Services: any services and/or software provided through the Site and App or by SmartCheckups;
Site: the content management system of SmartCheckups;
SmartCheckups: means the App application and Site owned by SmartCheckups and licensed to the Customer to be used in relation to property inspections;
Each type of account has specific features. The latest information on the types of accounts that SmartCheckups offers and the costs involved can be found on www.smartcheckups.com. Please read the SmartCheckups Pricing Terms and Conditions in its entirety regarding account restrictions. SmartCheckups reserves the right, at any time, to change these restrictions and / or impose fees for access to and use of the Site, App, Content, Files and/or Services.
Subscription Plans: Our charges for the plans are posted on our Website and may be changed from time-to-time. Payments are due for minimum one month and maximum a full year, depending on the "Term" agreed. Payments are due on the same date the Subscription Customer signed up with us and made its first payment (the "Pay Date").
During the Term, the Subscription Customer agrees to pay the Subscription Amount at the intervals agreed and selected on the SmartCheckups website, within fourteen days of presentation of an invoice by SmartCheckups. In return for the Subscription Customer paying the Subscription in accordance with these terms and conditions, SmartCheckups will set to the Subscription Customer the report limit and user limit that corresponds to the relevant level of the Subscription Plan as agreed and selected by the Subscription Customer on the SmartCheckups website.
For any upgrade or downgrade in the Subscription plan level, you will automatically charged the new rate on your next billing cycle. For upgrades, a pro-rated fee for the current billing cycle may be immediately charged.
Trial Period: Subscription plans may come with a free trial period. Trials offer a certain duration during which the plan can be used free of charges, after which the trial automatically expires. Customers on a expired trial can still access and use the services, but with limited functionality. If they want to reactivate the full features of the plan, customers are asked to confirm their subscription plan in written or by activating it on the plan page in their settings menu, and from then on will be invoiced according to their Subscription Plans.
Refunds: We are required to provide a refund only if we terminate our Services to you without cause before the end of a Term for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.
Acceptance: The Customer agrees that when a report gets finalized, thus marked as complete, with SmartCheckups, it consumes a report credit and the Customer ceases to have any rights to that report credit.
"Your Properties", "Pictures" and "Reports" (collectively, the "Files") as used in this Agreement means the information contained in the files that you or other users upload, download and access through the Site, App and Services. You are the owner of Your Files and are therefore solely responsible for your conduct and the content of Your Files, as well as any of the content contained in your communications with other SmartCheckups users.
SmartCheckups allows you to distribute some or all of Your Files that you have uploaded to the Site and or App. If you choose to, you can share all or some of Your Files with specific individuals you select. If you decide to share Your Files, you are giving certain legal rights, as explained below, to those individuals who you have given access to your folders and Content.
SmartCheckups does not claim any ownership rights in Your Files. You acknowledge that SmartCheckups does not have any obligation to monitor the Files or messages sent by, the Internal Notification System, submitted or otherwise transmitted using the Site, App or Services, for any purpose. As a result, SmartCheckups is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Files or anything said, depicted or written by users in the Internal Notifications, including without limitation, any information obtained by using the Site, App or Services. SmartCheckups does not endorse anything contained in the Files or Internal Notifications or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SmartCheckups with respect thereto. In case of complaint, SmartCheckups is entitled to temporarily remove the incriminated Files or block the access to these Files. Such action does not imply in any way any recognition of the Files being incriminating.
While you own the content contained in Your Files, files uploaded into the Asset Library of the Site are available to those users to whom you grant access. By placing Your Files in the Asset Library, you agree and acknowledge that SmartCheckups has no responsibility or obligation to monitor or notify you of any non-compliance related to the rights or license you may choose to grant to other users who have access to your Asset Library, if any, and that SmartCheckups has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of the license(s) or permission(s) you have chosen to offer.
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the licenses that your Asset Library requires, as described above.You should be aware that Files may be protected by intellectual property rights which are owned by the SmartCheckups user who uploaded the file in the Asset Library. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the content(s) (either in whole or in part) of files uploaded in the Asset Library by another user unless you have been specifically told that you may do so by the rightful owner of that File, in a separate agreement.
You acknowledge and agree that you should not rely on the Site, App, Content, Files and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, App, Content, Files or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, App, Content, Files and/or Services.
As a SmartCheckups user you are solely and entirely responsible for safeguarding the password that grants you access to the Site, App, Content, Files and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any and all activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify SmartCheckups of any unauthorized use of your password (firstname.lastname@example.org). You acknowledge that if you wish to protect your transmission of data and/or files to SmartCheckups, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, App, Files and Services.
SmartCheckups grants you a limited, nonexclusive, non-transferable, revocable license to use the Site, App, Content, Files and Services subject to the restrictions set forth in these Terms of Service.
All right, title, and interest in and to the Site, App, Content, and Services are and will remain the exclusive property of SmartCheckups, including all Intellectual Property Rights therein, even if SmartCheckups incorporates any of your Feedback (as defined below) into subsequent versions. The Site, App, Content, and Services are protected by copyright, trademark, and other laws of both Belgium and foreign countries. Unless expressly permitted in these Terms of Service, you may not reproduce, modify or prepare (derivative) works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, App, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to SmartCheckups, in any form, and any contributions you make to the Site by posting content and communicating with other SmartCheckups users via posts to forums on the site ("User Posts") will be the sole and exclusive property of SmartCheckups. You hereby irrevocably transfer and assign to SmartCheckups and agree to irrevocably assign and transfer to SmartCheckups all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. You will not earn or acquire any rights or licenses in the Site, App, Content, and Services or in any SmartCheckups Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
You agree that we, in our sole discretion, may terminate your access to use the Site, App, Content, Files and Services for any reason or no reason, including without limitation your breach of these Terms of Service. You agree that any termination of your access to our Site, App, Content, Files and Services may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to the Site, App, Content, Files and Services. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Site, App, Content, Files and Services. To voluntarily terminate your access to the Site, App, Content, Files and Services at any time via our Site, simply follow the directions provided on the Site. If for some reason you cannot log-in, you may terminate your account by sending us written or email notice of termination.
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Site, App, Content, Files or Services with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Site, App, Content, Files or Services.
In order to protect the integrity of the Site, App Content, Files or Services, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing our Site, App, Content, Files or Services.
The site, app, content, files and services are provided "as is", without warranty or condition of any kind, either express or implied. Without limiting the foregoing, SmartCheckups explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement and any warranties arising out of course of dealing or usage of trade. you acknowledge that use of the site, app, content, file and services may result in unexpected results, loss or corruption of data or communications, project delays, other unpredictable damage or loss, or exposure of your data or your files to unintended third parties.
SmartCheckups makes no warranty that the site, app content, files or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. SmartCheckups makes no warranty regarding the quality of any products, services, or information purchased or obtained through the site, app content, or services, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the site, app content, files or services.
No advice or information, whether oral or written, obtained from SmartCheckups or through the site, app, content, files or services, will create any warranty not expressly made herein.
In no event will SmartCheckups be liable to you or to any third party for damages of any kind, including, without limitation, direct, special, incidental, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with this agreement, or from your access to or use of, or inability to access or use, the site, app content, files and/or services, or for any error or defect in the site, app, content, files or services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or any other legal theory, whether or not SmartCheckups has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that SmartCheckups is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, SmartCheckups will have no liability to you or to any third party for any third party content uploaded onto or downloaded from the site, app or through the services and/or the files, or if your data is lost, corrupted or exposed to unintended third parties.
AAll account holders agree that the aggregate liability of SmartCheckups to you for any and all claims arising from the use of the site, app content, files and/or services is limited to lower of the amounts you have paid to SmartCheckups during the three month period prior to such claim, for access to and use of the site, app content, files or services, or one-hundred (€ 100) euros. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Smart Checkups and you.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of SmartCheckups to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
This Agreement is governed by and construed under the laws of Belgium without regard to its conflict of law rules. Unless SmartCheckups and Reseller agree that their conflict will be submitted to Arbitration according to International Arbitration. The courts located in Ghent shall have exclusive jurisdiction to judge any and all discussions concerning the realization, the execution and/or termination of this Agreement.
f parties agree upon Arbitration, this Arbitration shall be in accordance with the Rules of the I.C.C. (International Chamber of Commerce), by three arbitrators in accordance with these Rules.The arbitration tribunal shall be composed of three arbitrators.
The place of arbitration shall be Brussels, the language of the proceedings shall be English, any dispute arising between the contracting parties shall be subject to prior conciliation.
These Terms of Service are the entire and exclusive agreement between SmartCheckups and you regarding the Site, App, Content, Services and Your Files, and these Terms of Service supersede and replace any prior agreements between SmartCheckups and you regarding the Site, App, Content, Services and Your Files.