Terms & Conditions
Terms & Conditions
This agreement (this "Agreement") sets forth the legally binding terms and conditions of your access to and use of any websites, mobile sites, mobile applications, desktop applications, products or services (the "Services") offered by SmarterAngel.com ("SmarterAngel") (to the extent further described below) ("us", "our", and "we"). The "User", "you", "your" shall refer to any natural person, or entity and its authorized users, that subscribes or uses the Services. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
Terms of Use (v1.0, August 11, 2021)
BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE
THE SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE
REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
We may amend this Agreement related to the Services from time to time. Amendments will be effective upon our posting of such updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement, as amended.
YOU ACKNOWLEDGE THAT TRADING IN STOCKS, OR CRYPTO-CURRENCIES, AND INVESTMENTS IN CROWD-FUNDING CAMPAIGNS, CROWD-EQUITY CAMPAIGNS, OR STARTUPS INVOLVES A HIGH DEGREE OF MONETARY RISK. THESE ARE SUBJECT TO CONSTANT AND FREQUENT FLUCTUATIONS IN VALUE AND EXCHANGE RATES, AND THE VALUE OF YOUR ASSETS MAY INCREASE OR DECREASE AT ANY TIME. ACCORDINGLY, YOU MAY SUFFER A COMPLETE LOSS OF THE INVESTED FUNDS IN YOUR ACCOUNT. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE NATURE, SUITABILITY, AND APPROPRIATENESS OF THESE TRADING RISKS FOR YOU. YOU ACKNOWLEDGE AND AGREE THAT SMARTERANGEL BEARS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY OTHER PERSON WHATSOEVER FOR ANY LOSSES OR GAINS INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT SMARTERANGEL DOES NOT GIVE PERSONALIZED ADVICE OR RECOMMENDATIONS REGARDING THE TRADING OR INVESTMENT, INCLUDING THE SUITABILITY AND APPROPRIATENESS OF, AND INVESTMENT STRATEGIES FOR, YOUR PORTFOLIO. YOU ALSO ACKNOWLEDGE AND AGREE THAT SMARTERANGEL AND YOUR ABILITY TO USE THE SERVICES MAY BE DETRIMENTALLY IMPACTED BY REGULATORY ACTION OR CHANGES IN REGULATIONS APPLICABLE TO TRADING AND INVESTMENT. YOU AGREE THAT WE MAY DISCLOSE YOUR PERSONAL AND ACCOUNT INFORMATION IF WE BELIEVE THAT IT IS REASONABLY NECESSARY TO COMPLY WITH A LAW, REGULATION, LEGAL PROCESS, OR GOVERNMENTAL REQUEST. YOU HEREBY ACKNOWLEDGE AND AGREE THAT SMARTERANGEL IS NOT A FINANCIAL INSTITUTION, BANK, CREDIT UNION, TRUST, HEDGE FUND, BROKER OR INVESTMENT OR FINANCIAL ADVISOR, AND IS NOT SUBJECT TO THE SAME LAWS, REGULATIONS, DIRECTIVES OR REQUIREMENTS APPLICABLE TO SUCH PERSONS. YOU ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION
OR ADVICE PROVIDED BY SMARTERANGEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY INFORMATION OBTAINED THROUGH THE SERVICES, WILL OR SHALL CONSTITUTE INVESTMENT, OR FINANCIAL ADVICE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL TRADING DECISIONS MADE BY YOU AFTER USING THE SERVICES. SMARTERANGEL IS MERELY A TECHNOLOGY PLATFORM AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE LEGAL, REGULATORY AND TAX COMPLIANCE OF ALL TRANSACTIONS CARRIED OUT BY YOU.
ACCOUNTS
Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) using your google account and provide certain information about yourself as prompted by the account detail form after signing up. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services is and shall be in accordance with applicable law. You may delete your Account at any time, for any reason, by following contact us on the Site. SmarterAngel may suspend or terminate your Account in accordance with this "Agreement".
Identity Verification. You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures when required in order to be permitted to use the Services and your access to the Services may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your paypal account (such as the account email, subscription id, et. al.) In providing us with this or any other information that may be required, you
confirm that the information is accurate and authentic. You agree to update this information and keep it current at all times. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries.
Certain Restrictions. By using the Services, you represent and warrant that: (i) neither you nor any
of your directors, officers, employees, agents, affiliates or representatives is an individual or an entity that is, or is owned or controlled by an individual or entity that is (a) currently the subject of any Sanctions, or (b) located, organized or resident in a Designated Jurisdiction; (ii) you have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering; and (iii) you have instituted and
maintained policies and procedures designed to promote and achieve compliance with such laws. For the purpose of this Agreement, "Designated Jurisdiction" means any country or territory to the extent that such country or territory itself is the subject of any Sanction; "Sanction(s)" means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union or other relevant sanctions authority.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account including all consequences under applicable laws. You agree to immediately notify SmarterAngel of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. SmarterAngel cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Compliance. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is automatically revoked where use of the Services is prohibited or to the extent that the offering, sale or provision of the Services conflicts with any law, rule or regulation applicable to you.
Available Only Where Permitted by Law. The Services are only available in jurisdictions where
they may be legally offered for sale.
Access to the Services
License. Subject to this Agreement, SmarterAngel grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal or internal business purposes, in accordance with the Account type you are currently subscribing to.
Modification. SmarterAngel reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that SmarterAngel will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
No Support or Maintenance. You acknowledge and agree that SmarterAngel will have no obligation to
provide you with any support or maintenance in connection with the Services.
Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by SmarterAngel. Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth above. SmarterAngel reserves all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
Feedback. If you provide SmarterAngel with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to SmarterAngel all rights in such Feedback and agree that SmarterAngel shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. SmarterAngel will treat any Feedback you provide to SmarterAngel as non-confidential and non-proprietary. You agree that you will not submit to SmarterAngel any information or ideas that you consider to be confidential or proprietary.
Prohibited Activities
Prohibited Activities. In connection with your use of Services, you hereby agree that you will not:
(a) violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation; (b) intentionally try to defraud (or assist in the defrauding of) SmarterAngel or any other User; (c) provide false, inaccurate, or misleading information; (d) exploit or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach; (e) take any action that interferes with, intercepts, or expropriates any system, data, or information; (f) partake in any transaction involving the proceeds of illegal activity; (g) attempt to gain unauthorized access to other SmarterAngel Accounts, the Services, or any related networks or systems; (h) use the Services on behalf of any third party or otherwise act as an intermediary between SmarterAngel and any third parties; (i) use the Services to engage in conduct that is detrimental to SmarterAngel or to any other User or
any other third party; (j) collect any user information from other Users, including, without limitation, email addresses; (k) defame, harass, or violate the privacy or intellectual property rights of SmarterAngel or any other User; or (l) upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.
(m) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (iii) attempt to reverse engineer, de-compile, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; or (iv) access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services.
Enforcement. We reserve the right (but have no obligation) to investigate and/or take appropriate
action against you in our sole discretion if you engage in Prohibited Activities or violate any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include, in our sole and absolute discretion, terminating your Account in accordance with our terms, reporting you to law enforcement authorities without providing any notice of you about any such report and confiscating any balance remaining in an Account which has been terminated.
Third-Party Products and Services; Other Users
Third-Party Services. You acknowledge that the Service will enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, "Third-Party Services"). Such Third-Party Services are not under the control of SmarterAngel, SmarterAngel does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services. SmarterAngel does perform integration and maintains error free connection with the Third-Party Services. You use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with SmarterAngel. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.
Other Users. We do not guarantee the identity of any User or other party or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Your interactions with other Users are solely between you and such Users. You agree that SmarterAngel will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved.
Security Precautions
Our Platform has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
Privacy Policy
Any Personal Information submitted in connection with your use of the Services or the Site is subject to our privacy policy. Your profile and registration on the Platform shall be active and valid from the date of such registration.
Collection of Personally Identifiable Information and other Information.
When you use our Site, we collect and store your latest information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Platform to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Platform without telling us who you are or revealing any personal information about yourself. Once you give us your personal information by successfully signing up, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide certain information by choosing not to use a particular service or feature on the Platform. We may automatically track certain information about you based upon your behaviour on our Platform. We use this information to do internal research on our users' demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Platform or not), which URL you next go to (whether this URL is on our Platform or not), your computer browser information, and your IP address. If you transact with us, we collect some additional information, such as a billing address, other payment instrument details and tracking information from cheques or money orders. If you choose to post messages on our feedback form, contact form, or other message areas, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. If you send us personal correspondence, such as emails or letters, social media posts, or if other users or third parties send us correspondence about your activities or postings on the Platform, we may collect such information into a file specific to you. We collect personally identifiable information (email address, name, phone number, address, payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Platform without being a registered member, certain activities do require registration and/or paid subscription.
Use of Demographic / Profile Data / Your Information
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection. In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users' activity on our Platform. We may identify and use your IP address to help diagnose problems with our server, and to administer our Platform. Your IP address is also used to help identify you and to gather broad demographic information. We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Platform, providing you with content that we think you might be interested in and to display content according to your preferences.
Sharing of Personal Information
We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
Cookie Policy
A 'cookie' is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your computer's hard drive. The cookies do not contain any of your personally identifiable information. We use data collection devices such as 'cookies' on certain pages of the Platform to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. 'Cookies' are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a 'cookie'. Cookies can also help us provide information that is targeted to your interests. Most cookies are 'session cookies,' meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Platform and you may be required to re-enter your password more frequently during a session. Additionally, you may encounter 'cookies' or other similar devices on certain pages of the Platform that are placed by third parties. We do not control the use of cookies by third parties.