Terms of service

Last update time: November 10th, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING AND REGISTERING FOR THE SERVICES (DEFINED BELOW) FROM SMARTMIXIN. BY USING, REGISTERING FOR, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR REGISTER FOR THE SERVICES.

1. General

This Agreement is between SmartMixin and you. The service covered by these Terms of Use ("Services") include SmartMixin’s mobile applications (available on Play Store and Apple App Store) and https://smartmixin.io website. The Services are owned and operated by Vincent Toupet, but may include elements licensed from or provided by third parties.

2. Privacy Policy

By using any of the Services, you are agreeing to the terms of SmartMixin’s privacy policy (located at https://smartmixin.io/privacy-policy) and the collection, use and sharing of information, including without limitation your personal information, described therein.

3. Registration

SmartMixin Services require you to register by creating a user account in order to enable SmartMixin features and receive information. SmartMixin will use the information you provide in accordance with SmartMixin’s Privacy Policy. By registering, you represent and warrant that all information that you choose to provide is current, complete and accurate. You agree to maintain and promptly update such information as necessary, so that it remains current, complete and accurate. You acknowledge and agree that SmartMixin may rely on the subsequent use of your log-in credentials to provide access to your account and the information you have provided. You are responsible for all use of your account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with these Terms of Use.

4. Fee and subscription

The App is provided, per the terms of this Agreement, without an additional fee unless you have activated the Premium features by purchasing a subscription to that service. A subscription functions as an "in-app" purchase option, which will enable access to premium content served through the application. Subscriptions renew on a periodic basis (as designated by SmartMixin). Subscription payments will be processed by SmartMixin or a participating mobile app provider, such as Google Play or Apple iTunes, from which you originally downloaded the application. You may access the applicable "in-app" purchase rules and policies directly from the applicable app store(s). Additional terms or conditions may apply to a subscription at the time of order or renewal.

5. Applicable Law

By visiting SmartMixin products, you agree that the laws of France, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between SmartMixin and you.

6. Feedback

SmartMixin welcomes your feedback and suggestions about SmartMixin’s products or services or with respect to how to improve the Solution. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to SmartMixin, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to SmartMixin and enable SmartMixin to use such Feedback. In addition, any Feedback received by SmartMixin will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for SmartMixin to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.

7. Disclaimer

THE SOLUTION IS PROVIDED ON AN "AS-IS" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. SMARTMIXIN HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. SMARTMIXIN ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOLUTION WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE SOLUTION.