How Joinsmiley.com Works Joinsmiley.com is a B2B Software as a Service ("SaaS") platform. Our Service helps companies gather actionable customer insights and create tailored offers to the customers.
Your account If you create an account on the Service, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not use Smiley to send unsolicited messages that could be considered spam. You must immediately notify Smiley of any unauthorized uses of your account or any other breaches of security. Smiley will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Offers Claim or Use of Offers. Certain Offers may be claimed by End Users and exchanged for goods and services from Merchant. Smiley shall not be responsible for any inaccuracies, misrepresentations, product or service liability, or offensive, infringing, libelous or illegal materials resulting from the use of Offers. Merchant is solely responsible for redeeming the Offer in accordance with its terms. Merchant is solely responsible for and releases Smiley from liability for any injuries, illness, damages, claims, liabilities and costs arising from or related to any act or omission of Merchant in connection with Merchant’s use of an Offer or the services/goods provided in connection with such Offer.
Nature of Service Our Service is intended to improve your business, but results may vary. You agree that you are solely responsible for determining whether our Service will benefit you, and to release Joinsmiley.com from any loss arising from or relating to your use of our Service.
Rules of Use You agree that you will not: Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country. Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Joinsmiley.com or its delegates. Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party. Use our Service to facilitate a business or business practice which is fraudulent, unfair, deceptive, or otherwise prohibited by consumer protection or other legislation. Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Joinsmiley.com Site, Service, or its Users’ computers. Do anything else which could bring Joinsmiley.com into disrepute or violate the rights of any person.
Availability of Service As a SaaS, Users agree that Joinsmiley.com may be unavailable at times. Reasons for such unavailability may be related to security, technical, or legal issues. You agree that Joinsmiley.com is not required to inform you of any such periods of unavailability even if anticipated or planned by Joinsmiley.com, and release us from any liability relating to such unavailability. Without limitation on the generality of the foregoing, Joinsmiley.com shall generally attempt to inform its Users of such planned or anticipated periods of unavailability prior to their occurrence unless there is good reason not to do so.
Copyright Joinsmiley.com must preserve the uniqueness of its content in order to distinguish itself from its competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
Payment & Recurring Billing Authorization By providing Credit Card information and agreeing to purchase any Services, User hereby authorizes Joinsmiley.com (or its designee) to automatically charge User's Credit Card on the same date of each calendar month (or the closest prior date, if there are fewer days in a particular month) during the Subscription Term for all fees accrued as of that date (if any) in accordance with the applicable Order Form. User acknowledges and agrees that the amount billed and charged each month may vary depending on User's use of the Services and may include subscription fees for the remainder of User's applicable billing period and overage fees for the prior month.
In-app Payment In-app Payment is conducted via credit card through our third party payment provider, Stripe. Unless otherwise stated, all prices are listed in United States dollars.
Termination & Cancellation Each Smiley account is associated with one location/store/branch; any type of manipulative use of account is prohibited. Smiley defines an account by location. (i.e. If Store A is using smiley to interact with store B’s customer, even if it is under same management/company, it is still considered a manipulative use.) Any manipulative use may result in immediate termination of account with no refund. We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
Should you have any question about our terms and conditions, you may contact us using the information below.Email us at:
Last Modified: Feb 1st, 2018