Last updated: December 26, 2024
1. User Responsibilities
Users must use the platform in compliance with all applicable laws and regulations. Any misuse or unauthorized access is prohibited.
Users are responsible for maintaining the confidentiality of their account credentials. Sharing login details or allowing unauthorized access to the account is strictly forbidden. Any activities carried out through a user's account will be considered as conducted by the account owner.
Users agree not to:
• Upload, post, or transmit content that is illegal, harmful, or violates the rights of others.
• Attempt to disrupt, damage, or interfere with the platform’s functionality, including introducing viruses or malicious code.
• Use the platform for activities such as spamming, phishing, or engaging in fraudulent practices.
• Reverse-engineer, decompile, or attempt to extract the platform’s source code.
Users must promptly notify Smith + Thornhill, LLC of any unauthorized use of their account or security breaches. Failure to comply with these responsibilities may result in account suspension, termination, or legal action.
2. Subscription Terms
Subscriptions are billed on a monthly or annual basis until the end of the contractual agreement. Users may cancel with 90 days written notice in advance contract end date. Refunds are not provided for unused portions of the billing period. Renewal will occur automatically unless canceled before the renewal date. Client’s access to all information located on Smith + Thornhill, LLC servers will end on the last date of their paid subscription.
3. Payment Details
All payments must be made using the approved methods listed on the platform. Late payments may result in suspension or termination of services. Any applicable taxes are the user’s responsibility.
4. Data Privacy
Smith + Thornhill, LLC is committed to protecting user privacy and ensuring the security of personal data. This section outlines how we collect, use, store, and share your information. By using the platform, you agree to the collection and use of data in accordance with this policy.
• Data Collection:
We collect various types of information when you use the platform, including personal information (such as name, email address, and payment details), usage data (such as IP addresses, User Login Data, and browser data), and user-generated content (such as uploads and interactions within the platform). This information is collected to provide and improve our services, personalize user experiences, and communicate with users.
• Use of Data:
The data we collect is used for the following purposes:
o To provide, operate, and maintain the platform.
o To improve, personalize, and enhance user experience.
o To process payments and manage subscriptions.
o To communicate important updates, offers, or support-related matters.
o To ensure the security and integrity of the platform.
o To comply with legal obligations.
• Data Sharing:
We do not sell, rent, or lease your personal information to third parties. However, we may share your information with trusted third-party service providers to assist in the operation of the platform (such as hosting providers, payment processors, and analytics providers). These third parties are obligated to keep your information confidential and use it solely for the services they provide to us.
We may also share your data when required by law, in response to valid legal processes (such as subpoenas, court orders), or to protect our rights, safety, or property.
• Data Retention:
We will retain your account data for as long as your account is active or as needed to provide services to you. If you wish to delete your account, data that is available to other account holders, such as vendor contact information, will remain on the platform. Any data that can used for the promotion or development of services will be retained, though it will be anonymized.
• Data Security:
We employ a range of technical and organizational measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission or storage over the internet is entirely secure, and we cannot guarantee absolute security.
• User Rights:
Depending on your location and applicable law, you may have certain rights regarding your personal data, including:
o The right to access, correct, or delete your personal data.
o The right to withdraw consent for data processing where consent is the legal basis.
o The right to object to or restrict certain data processing activities.
o The right to lodge a complaint with a data protection authority.
For more detailed information about your data privacy rights, please refer to our full Privacy Policy or contact us directly.
5. Intellectual Property Rights
All content, features, and services provided by the platform, including but not limited to trademarks, logos, software, designs, text, graphics, and other materials (collectively, "Intellectual Property"), are owned by Smith + Thornhill, LLC or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, and patent laws.
Users are granted a limited, non-exclusive, non-transferable license to access and use the platform in accordance with these terms and conditions. This license is for personal, non-commercial use only and does not grant any ownership rights in the Intellectual Property of Smith + Thornhill, LLC.
Users are prohibited from:
• Copying, reproducing, modifying, distributing, displaying, or transmitting any of the platform’s Intellectual Property without prior written consent from Smith + Thornhill, LLC.
• Reverse-engineering, decompiling, or disassembling any part of the platform, unless expressly authorized by law.
• Using any Smith + Thornhill, LLC trademarks, logos, or other proprietary content in connection with any product or service that competes with the platform or in any manner that could cause confusion regarding the ownership of the Intellectual Property.
Any feedback, suggestions, or ideas provided by users regarding the platform are considered non-confidential, unless such agreements are executed, and become the exclusive property of Smith + Thornhill, LLC. Smith + Thornhill, LLC may use such feedback for any purpose without obligation to the user.
6. Limitations of Liability
The platform is provided "as-is" without warranties of any kind, either express or implied. Smith + Thornhill, LLC does not guarantee the accuracy, completeness, or reliability of the platform, and disclaims all liability for any errors, interruptions, or inaccuracies. Smith + Thornhill, LLC is not liable for any damages, including but not limited to, data loss, service interruptions, or third-party claims arising from the use or inability to use the platform.
In no event will Smith + Thornhill, LLC, its affiliates, officers, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or loss of data, regardless of the theory of liability, even if Smith + Thornhill, LLC has been advised of the possibility of such damages.
Furthermore, the user agrees that no indemnity is required from Smith + Thornhill, LLC in relation to any claims, losses, or damages arising out of the use of the platform, including claims brought by third parties, users, or others.
7. Termination Conditions
Smith + Thornhill, LLC reserves the right to terminate accounts for breach of these terms, including failure to pay fees, unauthorized use, or violation of laws. Upon termination, access to the platform will be revoked.
8. Survivability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision will be modified to the extent necessary to make it valid, legal, and enforceable while reflecting the original intent of the provision as closely as possible.
9. Choice of Laws
This Agreement is govenred by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement or your Service Agreement shal lie exclusively with the state or federal courts in the State of Tennessee.