Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the SMAC Apps website, mobile applications, and other services (collectively, the “Service”). The Service is operated by SMAC Apps, a wholly owned subsidiary of PamTen, Inc. (“SMAC Apps,” “us,” “we,” or “our”).

This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) is our agreement governing our relationship with users and others who interact with SMAC Apps’ brands, products, and services. By using or accessing the SMAC Apps Service, you agree to this Statement and any changes as it is updated from time to time.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

1. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or any applicable law.

2. Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by SMAC Apps or PamTen. SMAC Apps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that SMAC Apps shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

3. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material (as determined by our sole discretion), we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

4. Indemnification and Limitation of Liability

Indemnification

If anyone brings a claim against us related to your actions on SMAC Apps, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. We do not control or direct users’ actions on SMAC Apps and are not responsible for the content or information users transmit or share on the Service.

Warranties and Disclaimers

We try to keep SMAC Apps up, bug-free, and safe, but you use it at your own risk. We are providing SMAC Apps "as is" and "as available" without any express or implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that SMAC Apps will always be safe, secure, or error-free or that the Service will always function without disruptions, delays, or imperfections.

Limitation of Liability

SMAC Apps is not responsible for the actions, content, information, or data of third parties, and you release us, our parent company (PamTen), our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

We, SMAC Apps and PamTen, will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Statement or the Service, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this Statement or the Service will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

5. Governing Law and Dispute Resolution

Governing Law

The laws of the State of New Jersey will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

Mandatory Arbitration and Class Action Waiver

You and SMAC Apps agree that any claim, cause of action or dispute ("Claim") arising out of or relating to this Statement or the Service will be resolved exclusively through final and binding arbitration, rather than in court. The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and the Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will take place in Mercer County, New Jersey.

You and SMAC Apps agree that each party may bring Claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and SMAC Apps agree otherwise, the arbitrator may not consolidate more than one person’s Claims and may not otherwise preside over any form of a representative or class proceeding.

6. Privacy and Data Processing

By using or accessing the SMAC Apps Service, you agree that we can collect and use such content and information as amended from time to time.

Our use of your personal data is governed by the SMAC Apps Privacy Policy, which is incorporated into these Terms by reference. You agree that we may process your personal data in accordance with the Privacy Policy. This includes the transfer and processing of your personal data in the United States or other locations globally as necessary to provide the Service. We strive to comply with applicable data protection laws, including the GDPR and CCPA, where relevant to our operations.

7. Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with SMAC Apps outside the United States:

• You consent to have your personal data transferred to and processed in the United States.
• If you are located in a country embargoed by the United States or are on the U.S. Treasury Department’s list of specially designated nationals, you will not engage in activities on the Service. You will not use the Service if you are prohibited from receiving products, services, or software originating from the United States.

8. Definitions

• By “SMAC Apps” or “SMAC Apps services” we mean the features and services we make available, including through (a) our websites and any SMAC Apps branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our platform; (c) mobile applications and software; and (d) other media, products, services, or networks now existing or later developed.
• By “Information” we mean facts and other details about you, including actions taken by users and non-users who interact with SMAC Apps.
• By “Content” we mean anything you or other users post, provide, or share using SMAC Apps services.
• By “Data” or “User Data” we mean any data, including a user’s Content or Information that you or third parties can retrieve from SMAC Apps or provide to SMAC Apps.

9. Other

• Relationship: SMAC Apps is a wholly owned subsidiary of PamTen, Inc. References to “us,” “we,” and “our” mean SMAC Apps, the operating entity for the Service, and include PamTen, Inc. for the purpose of liability limitations and dispute resolution.
• This Statement makes up the entire agreement between the parties regarding the Service and supersedes any prior agreements.
• If any portion of this statement is found to be unenforceable, the remaining portion will remain in full force and effect.
• If we fail to enforce any of this Statement, it will not be considered a waiver.
• Any amendment to or waiver of this Statement must be made in writing and signed by us.
• All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• Nothing in this statement shall prevent us from complying with the law.
• This statement does not confer any third-party beneficiary rights.
• We reserve all rights not expressly granted to you.
• You will comply with all applicable laws when using or by accessing the Service.

Contact Us

If you have any questions about these Terms, please contact us: SMAC Apps, a PamTen Subsidiary
500 College Road East
Suite 235
Princeton, NJ - 08540, USA
Email: contact@smacapps.ai