Smart-Apps Terms & Conditions

These are the terms and conditions you must agree to prior to using our services.

This User Agreement ("Agreement") is a contract between you and SmartApps that applies to your use of the Telco Apps development service and any related products and services ("Service") available through smart-apps.space ("Site").

If you do not agree to be bound by the terms and conditions of this Agreement, you may not use this Site or any of the Services.

SmartApps reserves the right to amend this Agreement at any time by posting a revised version on this website. Except if otherwise stated, all amendments shall be effective thirty (30) days after publication on this Site. Notice of upcoming changes will be posted on our website and on notification pages posted in your SmartApps account.

In this Agreement, "you" or "your" means any person or entity ("Users") using the Service. Unless otherwise stated, "smart-apps.space", "SmartApps", "we" or "our" will refer collectively to SmartApps, subsidiaries, joint ventures, employees and suppliers.

1. ELIGIBILITY

Both Service Providers and Customers of products and services ("Products") can use the Service. Unless otherwise stated, all provisions in this Agreement apply to both Service Providers and Customers.

You agree that any information you give to us ("User Information") will stay in our records until termination of this Agreement, for whatever reason, in which case such information will be removed from our systems and/or returned to you and/or destroyed.

You agree that we do not need additional consent to store, use and transmit data to third parties provided that this is strictly necessary for the performance of our customer support duties as agreed and as part of due diligence for detection of money laundering and terrorist funding and subject to any Data Protection or terms agreed herein relating to the confidentiality of information.

1.1 Warranties

You represent and warrant that all of the following are true of you from your entry into this Agreement until the termination of your Account:

If you are an entity other than an individual, you have the legal capacity to enter into this Agreement and perform the obligations represented within it.

If you are an individual, then you are at least 18 years of age and do not require the consent, approbation or approval of any other person or entity to conclude a contractual obligation of the type represented in this Agreement.

Your execution of and performance under this Agreement in no way violates any legal obligation of the telco companies, including any agreement between or among any third party(ies).

You offer services only if you have the legal right to market and provide such Products and/or services in all applicable jurisdictions.

You maintain the value and reputation of SmartApps to the best of your ability.

You conduct your business affairs according to the terms and intent of this Agreement and in compliance with all applicable laws and regulations.

You do not use our Services for any activities considered fraudulent or illegal under any laws or regulations in any applicable jurisdiction.

You do not permit or authorize any other person or entity to use our Services without our written consent.

If you are a Service Provider, you have had ample opportunity to obtain legal advice regarding the legal effects of this Agreement. You can deliver your full legal name, street address, telephone number and email address by postal mail or email to your Customer(s) and grant SmartApps access to records of this correspondence.

You will refrain from using abusive and vulgar language with SmartApps employees, whether through email, support ticket, blog comments or phone support. Abusive conduct will not be tolerated and will result in account termination.

2. LIABILITY

2.1 Our Liability

If you have a dispute with one or more Users, you release SmartApps from any and all claims, demands and actual/consequential damages related to your transaction(s) with said User(s) unless this results from wrongful or negligent acts attributable to us. We provide our services "as is" without any warranty or condition.

SmartApps makes no representations or warranties regarding the amount of time needed to approve apps because our Service is largely dependent upon many factors outside of our control.

Under no circumstances will we be liable for any lost profits, special, incidental or consequential damages arising out of or in connection to the Site, our Service or this Agreement. Under no circumstances shall our liability to you exceed incident carried out by you in the three months prior to the event leading to liability.

You agree to indemnify and hold SmartApps harmless from any claim or demand, including attorneys' fees, made or incurred by any third party due to or arising out of your breach of this Agreement, by the documents it incorporates or by your violation of any law or third-party rights related to your use of the Service.

You agree that if either you or SmartApps begin litigation or arbitration, the prevailing party is entitled to recover reasonable attorneys' fees and any other costs incurred in addition to any other relief to which the prevailing party may be entitled.

You agree to indemnify and hold SmartApps harmless for unauthorized activities done through SmartApps. It is very important to contact us immediately if you believe your account has been compromised.

2.2 Your Liability

If you do not report unauthorized activities in your SmartApps account, you will be liable for any resulting damages. We will do what we can to recover the funds, but if we are unable to recover them, you will assume responsibility for the losses.

Your SmartApps account is protected by a password. As long as you keep the password confidential, no one will be able to access the information in your SmartApps account. If a member shares their password with others or allows others to discover and use their password with the account, the account holder is giving access to the information in the account and assumes all responsibility for transactions in this account.

Please note that all activities performed on your account while logged in will be assumed to be performed by the account holder. The account holder also understands that delegating authority to operate his account also amounts to ownership of any and all activities performed on his account. This includes but not limited to; Integrations and configurations, Business registration and verification, Transactions, Account settings and Use of SmartApps ’s business solutions.

Note that any User must be logged in to perform business verification.

You are responsible for performing your due diligence on any Service Provides with whom you plan on doing business. If you neglect to perform due diligence on a Service Provider and do not receive an service you paid for or receive an service that does not mentione as the Service Provider described it, you will be liable for any resulting damages. However, if you report a activities dispute, we will do our best to mediate a resolution that will benefit all parties involved.

You agree to indemnify and hold SmartApps harmless from any claim or demand, including attorneys' fees, made or incurred by any third party due to or arising out of your breach of this Agreement.

3. RELATIONSHIP

SmartApps provides third-party Telco Apps developing services and carries out related technical actions on your behalf. At all times, we do not have any access to your Telco accounts and they are directly charged from your customers and settled to your bank account by the issuing and acquiring banks through all the mobile networks. You acknowledge that SmartApps is not a telecommunication provider and that the Service is a third-party Telco Apps developing service rather than a telecommunication service.

SmartAppsis a third-party telco apps developer that hosts, creates, maintains and provides our Service to you online. We do not have any control over the Service that are provided for with our Service. We cannot ensure that a Telco companies will complete their payment as we are not a party to any transaction between Users. Instead, each User agrees to use the Services of their own accord. Furthermore, SmartApps reserves the right to correct any processing errors that may occur.

4. ACCOUNT INFORMATION

4.1 Verification

SmartApps requires all the Service Providers to become verified for the security of our network. Service Providersneed to be verified before consuming our services to comply with Idemart and mspace terms and conditions. You agree to complete account verification procedures by applying for SmartApps services through our website. Only the Service Providers verified through a screening process.

4.2 Receiving Funds

You receive funds to your bank account directly from telco companies not through SmartApps.

4.3 Commissions

Instead the payments are directly charged from customer accounts and settled to Service Providers bank accounts as per the payout cycle. SmartApps should receive only the commissions or Apps Developing fee to SmartApps's bank accounts at the time of billing.

5.0 ACCEPTABLE USE POLICY AND ACTIVITIES NOT ALLOWES

5.1 Acceptable Use

Use of the Services is subject to this acceptable use policy ("AUP"). If not defined here, capitalized terms have the meaning stated in the applicable contract ("Agreement") between Customer, Service Providers or other authorized User ("You") and SmartApp. You agree not to use or allow third parties or Your End Users to use the Service for the following reasons:

To generate or facilitate unsolicited bulk commercial email.

To violate or encourage the violation of the legal rights of others.

For any unlawful, invasive, infringing, defamatory or fraudulent purpose.

To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other Products of a destructive or deceptive nature.

To interfere with the use of the Services or the equipment used to provide the Services, by Customers, Service Providers or other authorized Users.

To alter, disable, interfere with or circumvent any aspect of the Services.

To test or reverse-engineer the Services to find limitations, vulnerabilities or evade filtering capabilities.

To use the Services, a component of the Services or contents of password protected pages in a manner not authorized by SmartApps.

Your failure to comply with the AUP may result in suspension and/or termination of the Services pursuant to the Agreement.

No User or other third party is authorized to use bots, spiders or other automated information-gathering devices or programming routines to "mine" information displayed, register User accounts, perform transactions and any other activities SmartApps considers inappropriate.

5.2. Activities Not Allowed

The sale, solicitation, offering, exchange or service of the following:

Tobacco products and related paraphernalia.

Pharmaceutical and controlled substances.

Imitation and replica clothing and accessories.

Drugs and related paraphernalia (including but not limited to research chemicals and illicit herbal incense)

Pre-adult content, such as pictures, videos, etc..., of individuals under the age of 18.

Illegal downloads or any other goods and services infringing intellectual property rights of a third party, including streaming video/audio.

Any goods/materials/content not owned by the service provider (including but not limited to Drop shipping)

Credit card protection, credit repair services, applications for financial services or loans and/or collection services.

Payment processors or any aggregation type services.

Sites that promote hatred, racism, sexism, religious persecution and/or any other prejudicial views.

Services using credit card transactions as deposits or credits, including pre-loaded debit/credit/cash/virtual cards.

Hazardous materials, combustibles and/or corrosives.

Weapons

The following activities are also not allowed through or in relation to SmartApps:

Money laundering.

Infringing on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.

Violation of any law, statute, ordinance, contract or regulation, including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising.

Submission of altered verification documents.

Being misleading, false or inaccurate in respect to SmartApps or any other User.

Any activity similar to or consisting of giving yourself a cash advance from your credit card or bank account, factoring or helping others to do so.

Any defamatory, trade libellous, unlawfully threatening or harassing statements or information.

Spamming.

Using SmartApps as a virtual terminal.

Using currency exchangers or aggregation, unless approved by SmartApps.

Transmitting personal information of other SmartApps members to third parties.

Using the SmartApps brand to market or advertise your product(s)/service(s) in any capacity.

Threatening legal action against SmartApps and/or SmartApps employees.

Furthermore, anything that directly causes us to lose or become liable for, in whole or in part, the services of telco companies, Internet Service Providers or other suppliers is not allowed. If you use or attempt to use the Service for purposes other than declared description and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution if necessary.

Service providers must agree to follow telco companies terms and condition. Followings are highlighted;

· Use of the logo for any marketing material carried out by the content partner/ developer is strictly prohibited.

· Mentioning the Company name is allowed under the following circumstances

· When mentioning service availability for relevant company customers

· In the above situation company name should be used in standard font, non-bold, not in any font that is close to the logo font and the text should be either black or white only

· Use of a corporate/ not for profit/ private or public organization logo is prohibited, unless or otherwise that emblem belongs to the developer/ content provider/ organization.

· Please refrain from using any corporate/ non-profit/ private or public organization details for any bad publicity or malicious intentions.

· Please refrain from using any prohibited adult content, political, religious, racially charged and gambling content.

· Please refrain from using false information such as the ability to send unlimited SMS/ free SMS via the apps created or any false charging rates.

· All marketing material must be sent to them for approval before it is published (Mention where you will be publishing and the date, along with the marketing material).

· Please note bulk SMS based marketing is not allowed.

6. CLOSING ACCOUNTS AND LIMITING ACCOUNT ACCESS

This Agreement's term will begin as soon as you accept these terms and will continue as long as you use the Site or the Services and are a SmartApps member.

6.1 Activities Resulting In Account Limitation and Termination SmartApps reserves the right to limit Account access and the right to terminate this Agreement without prior notice for any of the following:

Reporting unauthorized or unusual markerting, including but not limited to prior approved marketing.

Abusing the reversal process by a Customer through their mobile.

Sending unsolicited email.

Using the SmartApps account to facilitate fraudulent activity.

Violating this User Agreement in any way.

Using an anonymizing proxy.

Receiving excessive complaints from Customers about your account, business or service.

Submitting altered verification documents.

Unsettle billed.

6.2 Actions Resulting From Engagement in Restricted or Prohibited Activities

If we have reason to believe or suspect that you have engaged or plan on engaging in any restricted or prohibited activities, we may take various actions that may render SmartApps liable.

The actions we may take include but are not limited to the following:

We may close, suspend or limit your access to your SmartApps account (such as limiting access to any of your apps and/or your ability to provide service ).

We may update inaccurate information you provided us.

We may refuse to provide the SmartApps services to you in the future.

We may at any point ask for information regarding your business, service your providing; and We may take legal action against you.

SmartApps will use reasonable efforts to investigate services that are subject to account access limitations and to reach a final decision on said limitations. By following this User Agreement, you can help protect your account from becoming limited.

7. ADDITIONAL TERMS

This Agreement is governed by and interpreted under the laws of the Democratic Socialist Republic of Sri Lanka as such laws are applied to agreements entered into and to be performed entirely within the Democratic Socialist Republic of Sri Lanka.

The parties hereto agree that this agreement is drafted and executed in the English language. In the event that any indemnification applies in this Agreement then The indemnified party shall notify the indemnifying party of any such loss or claim and expense as soon as it first arises to give the indemnifying party opportunity to mitigate its own potential exposure which will include giving the indemnifying party sole right to conduct and/or settle (on terms approved by the indemnified party, such approval not to be unreasonably withheld or delayed) all negotiations and/or the claim, all costs incurred or recovered in such negotiations or claim being for the indemnifying party’s account and the indemnified party shall take all reasonable steps to prevent further loss or to mitigate loss or damage already occurred, but the indemnified party shall not, without the consent of the indemnifying party, take any steps to compromise or settle the claim.

EULA

The Service Prouder hereby agrees that all details provided on his SmartApps account are up-to-date and shall be regularly updated as soon as it is clear that those details are no longer valid.

It shall be the service provider's responsibility to ensure that only authorized service are performed by his/her customers/clients on the channels provided.

In the incident of suspend resulting from fraudulent or unauthorized marketing, the Service Provider hereby agree to take responsibility.

The service provider understands that SmartApps's services are provided in goodwill and agrees to ensure fair usage of the services provided by SmartApps and will not engage in unethical/unfair usage of the said services. This shall include but not limited to spamming, fraudulent activities, scamming, and other practices which may put the image or reputation of SmartApps or its partners into disrepute.