Terms of Use
Welcome to SmartDataSoft (the “SITE” or “SmartDataSoft”). We maintain this SITE as a service to our visitors and customers. By using this SITE, you are agreeing to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise use this site. It is your responsibility to re-read these terms before each visit and subsequent use of the SmartDataSoft SITE.
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to this SITE. This Agreement constitutes the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the SITE, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the SITE, and you should review this Agreement prior to each use of the SITE.
Disclaimer of Warranties & Liabilities
SmartDataSoft has used reasonable efforts in collecting and preparing information and material for the site but does not warrant that the material and information is complete or accurate. The material and information may contain inaccuracies or typographical errors.
SmartDataSoft makes no representations about the accuracy, completeness, reliability, or timeliness of the material or information. Changes are made to the site on a periodic basis and may be made at any time. SmartDataSoft disclaims any and all liability to any individual, organization or other entity for any loss or damage caused by errors or omissions contained in, or associated with, the SmartDataSoft SITE whether such errors or omissions arising from negligence, accident or any other cause.
THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO SmartDataSoft, ITS SUPPLIERS, AGENTS, AND ITS AFFILIATES ARE PROVIDED ON AN AS IS AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL SmartDataSoft, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS ALLEGED TO HAVE RESULTED FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE.
Allowed Usage
Each license entitles one person, one license, for a single project. In addition, no parts can be shared or repurposed for multiple end users (i.e. blog network or platform allowing users to share theme functionality in whole or part) unless a unique license for each end user is purchased. You are allowed one validated development environment per validated purchase for the sole purpose of working on the site in a “local” or “development” environment. If you are found to be using any SmartDataSoft product in a manner that violates any of these terms, in whole or part, or we have reason to believe the site is making abusive requests outside this scope, we reserve the right to block and/or remove a site’s access to services we provide. These services include but are not limited to: automatic updates, demo content template importing, and the availability to install Extensions remotely.
Automatic Updates
Automatic updates of being made available to verified customers only through your SmartDataSoft Apex account and licensing system. Automatic updates can only be used on domains where a unique and valid purchase of the software was made and subsequently verified. Automatic updates are expressly prohibited on any site or sites that violate any of these terms. Customers understand and provide permission for their site to be updated automatically as new versions are released. Furthermore, customers understand that this is an optional service, and they further agree that SmartDataSoft is not liable for any problems that may arise from opting into automatic updates and activating them on a site.
Validation
When using our validation system, you agree that each license We reserve the right to block and/or remove a site’s access to services we provide when we have reason to believe the site is making abusive requests or is in violation of product licensing. These services include (but are not limited to) automatic updates, demo content and template importing, and the availability to install extensions remotely.
Apex
We invite all customers to create a free Apex account to verify their purchase, get support, unlock automatic updates, and engage in our community forums. By creating an Apex account you agree to receive periodic emails related to SmartDataSoft, our products and services, and your Apex membership. You can cancel anytime by clicking the unsubscribe link at the bottom of any non-system generated email, however, we caution against this as you may miss out on important product news.
Product Support
What is included in product support?
Product support includes any questions pertaining to features of the product. For example, if you have a question for how to use the bar feature in Pro, a member of our team will be happy to explain how it works. If you want the custom code to change a core feature of the bar feature, that would not be covered.
What is considered a customization request?
A customization request is any request that looks to change something in the theme that can not be altered using native options.
Do you ever provide code snippets?
We do share quick and helpful code snippets when possible and where appropriate. Since these are technically considered customizations, this is not something we can guarantee. We are building up a public repository on our site that will list various code snippets both from our team plus those shared from others in the community. Please remember that any custom code you add to your own site is your own responsibility to support and maintain.
Are third-party plugins supported?
We provide support for certainly approved plugins. Please remember that while we provide support for approved plugins, this does not mean we can or will provide custom changes to 3rd party plugins. That would be a nightmare for you and for us. Generally speaking, we only list plugins as “Approved” if they are well established, well developed, and have a track record of being updated and supported by the company who created it.
Are Extensions supported?
Yes, we provide support for all Extensions including updates as they are made available from the developer. Please remember that while we provide support for approved plugins, this does not mean we can or will provide custom changes to 3rd party plugins. That would not be wise for you or us especially when it comes time to update. We do our part to communicate issues we see or that have been reported to us to the various owners of included Extensions.
Do you offer paid customization services?
Yes, feel free to contact us directly for additional information.
3rd Party Plugins
Customers are certainly welcome to extend the functionality of their site with the use of 3rd party plugins, however, our policy is that unless they are integrated into the theme in some way (Revolution Slider, Gravity Forms, our own Extensions, etc) then we can not provide support or guarantee compatibility. The implementation, customization, and troubleshooting of any issues that may arise are the responsibility of each customer. Technically speaking, since our products developed according to development best practices, and well developed 3rd party plugin should play nicely, however, due to the virtually limitless nature of things that can and often times do go wrong with software, we can’t support something that we have not first developed or integrated into the theme. For plugins that are integrated into the theme, support covers product related questions (no customizations).
Extensions
Each license purchase includes our Extensions for your optional use on one site and with our theme only. These are a combination of tools we have developed in-house and 3rd party plugins. We fully support each Extension as well as provide updates as they are available from the developer. Each of the 3rd party plugins are available for purchase directly from the makers of those tools only if you want direct support from the product creators or access to premium resources they may make available to their customers (your purchase code will not allow you to register for support from the creator of the plugin). Sometimes they will make a bonus or extra files or resources available if you purchase from them directly. Keep in mind you are not required to purchase a license as the tool is provided with your purchase and supported by SmartDataSoft.
Access
Only one account can be registered per license. Accounts cannot be shared, and if more than one person needs access to our member resources and support, a separate license will need to be purchased.
Links to Other Sites
SmartDataSoft may include links to third-party websites. These links are provided as a convenience to our site visitors and not as an endorsement of the contents of these third-party websites. SmartDataSoft is not responsible for the content of these linked, third party websites, has no control over them and makes no representations regarding their content, accuracy, or completeness. If you decide to access these linked, third party websites, you do so at your own risk. SmartDataSoft may receive a commission on some or all of the sites it links to when a visitor referred by SmartDataSoft makes a purchase, signs up for a trial, becomes a member, or any similar action on those sites.
SmartDataSoft may discontinue or change the SERVICE, or its availability, at any time without notice. The rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect.
Services
If you order a paid service from SmartDataSoft, you agree that SmartDataSoft is not responsible for any damages, in whole or in part, that may result as part of using said service. This includes but is not limited to site downtime, broken custom code, or loss of revenue.
Customer Support
Pre-Sales or General:
Feel free to ask all pre-sales questions by contacting us.
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