Terms of use

TERMS OF USE

  1. This page tells you the terms of use (the “Terms of Use”) on which you may make use of our “Sweet Spot Analyzer™” application for mobile devices (the “App”). Please read these Terms of Use carefully before you download, install or use the App. By downloading, installing or using the App, you indicate that you accept these Terms of Use and that you agree to abide by them. Your download, installation or use of the App constitutes your acceptance of these Terms of Use which takes effect on the date on which you download, install or use the App. If you do not agree with these Terms of Use, you should cease downloading, installing or using the App immediately.
  2. The App is operated by Smart Done Solutions ApS, a Copenhagen corporation with an office at Solvaenget 2 DK-2100 Copenhagen OE Denmark (and we refer to ourselves as “we”, “us” or “our”). We own and operate the App on our own behalf.
  3. We reserve the right to change these Terms of Use at any time without notice to you by posting changes on the www.smartdonesolutions.com website (the “Website”) or by updating the App to incorporate the new terms of use. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the App after changes are posted constitutes your acceptance of the amended Terms of Use.
  4. 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 our Sweet Spot Analyzer™ tool, and Internet connectivity. We shall not have any responsibility or liability for any other costs you may incur.
  5. You agree not to reproduce, duplicate, copy or re-sell the App or any part of the App, or the Sweet Spot Analyzer™ tool.
  6. 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.
  7. You agree to comply at all times with any instructions for use of the App which we make from time to time.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Use.
  13. You agree to indemnify and hold Smart Done Solutions ApS and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the App and/or any violation of the terms of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
  14. The “Sweet Spot Analyzer™” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of us or our licensors.
  15. As between you and us, we are the sole and exclusive owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
  16. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link. The terms and conditions, terms of use and privacy policies of those third party websites and mobile applications will apply to your use of those websites and mobile applications and any orders you make for goods and services via such websites and mobile applications. If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
  17. These Terms of Use (and our Privacy Policy, our Website Terms of Use, our Website Terms and Conditions, any other document referred to in these Terms of Use and any other terms and conditions specifically agreed between you and us in writing) contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these Terms of Use except as expressly stated in these Terms of Use. Neither us nor you shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms of Use (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party’s ability to perform these Terms of Use) and that party’s only remedies shall be for breach of contract as provided in these Terms and Conditions.