Last updated: October 5th, 2020
Please read these Terms of Service (hereinafter as “Terms“) carefully before using Smartlook (hereinafter as “Service“) operated by Smartlook.com, s.r.o., Company reg. no.: 095 08 830, VAT ID: CZ09508830, Šumavská 524/31, Veveří, 602 00 Brno, Czech Republic (hereinafter as “us“, or “we“, or “our“). The Service is a non-exclusive license to software-as-a-service (SaaS) offered by us at www.smartlook.com, further described in the Description of the Service in these Terms. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and our Privacy Notice. 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. On the moment you start using Service these Terms become a legal agreement between you as the Service’s user and us. If you disagree with any part of the terms, then you may not access the Service.
1. Description of the Service
The Service is a non-exclusive license to software-as-a-service (SaaS) offered by us at www.smartlook.com.
Smartlook provides qualitative website and mobile app analytics and the Service with various modules which include, but not limited to visitor recordings (user replay), automatic event tracking, conversion funnels, and heatmaps for websites.
Modules and features available to you may vary based on your package, you can find them described in our pricing at https://www.smartlook.com/pricing
2. Access to the Service
- Internet connection is required to access the Service.
- You are responsible for ensuring functionality of your computer or mobile device and network connections that connect you to the Service, including, but not limited to, “browser” software. We assume no responsibility for the reliability or performance of your internet provider or any connections or devices as described in this section.
- Your access to the service might be temporarily limited or suspended (a) during planned downtime for upgrades and maintenance of the Service; or (b) during any unavailability caused by downtime, technical failures, acts undertaken by third parties (such as our hosting providers etc.), connectivity issues on the internet networks, acts of God, acts of government, acts of terror or civil unrest, distributed denial of service or other attacks on the Service; (c) if we suspect or detect any malicious software, code or activity within your account, (d) if you breach these Terms or any other rule or law regulating your use of the Service.
- We offer following Subscription plans of the Service. Overview of available subscription plans and their features can be found at www.smartlook.com/pricing.
- Free Subscription
- Free Subscription is without any billing; however, the Service’s features are limited. Particularly features allowing processing of personal data by the Service are disabled and unavailable.
- Paid Subscriptions with automatic billing
- You are required to pay in advance on a monthly or annual basis (“Billing Cycle”), depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew unless you cancel it or Smartlook.com, s.r.o. cancels it. You may cancel your Subscription renewal via the email address firstname.lastname@example.org. Valid payment method – credit card or PayPal – is required to process the payment for your Subscription. You shall provide Smartlook.com, s.r.o. with accurate billing information and a valid payment method information. By submitting such payment information, you automatically authorize Smartlook.com, s.r.o. to charge you the Subscription fees based on selected Billing Cycle. Should automatic billing fail to occur for any reason, we will notify you by email and you must provide new payment method in case you wish to continue to use the Service.
- You can request a full refund for any reason within 15 days of completing your first payment for the Service. It’s not possible to refund a payment if the refund request is made more than 15 days after the first ever payment was made in your account. This refund only applies to your first-ever payment, unless otherwise stipulated in these Terms.
- You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
- You agree not to disclose your password to any third party.
- You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- Unless explicitly given permission by us, you shall not license, sublicense, sell, resell, transfer, assign, distribute or make the Service available to any third party.
- You shall not commercially exploit the Service in any way.
- You shall not make modifications of or derivative works from the Service without explicit permission or attempt to derive source code or trade secrets from the Service
- We reserve the right for Us, Our contractors or Our employees, to access Your Account and the information that You have provided for support, maintenance and servicing purposes or for any security-related, technical or billing reasons.
5. Personal Data Protection
- Personal data means any information relating to an identified or identifiable natural person as defined in the Article 4 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter as “Directive”), mainly any such information collected by you and uploading it into Service, therefore disclosing it to and processed by us (hereinafter as “Personal data”).
- By using Service various Personal data may be collected by you and processed by us on your behalf, depending on how you use the Service. As our company and Service are operated within European union, the Directive and other Personal data protection provisions of the Czech republic and EU Member states are applicable.
- It is solely your obligation to comply with any applicable law when using the Service and collecting any Personal data by the Service. The Smartlook, s.r.o. disclaims any liability as described in paragraph 10.
- If using a free Subscription type of Service, no Personal data are processed by the Service on purpose. All the features and functions of the Service allowing processing of Personal data are disabled and unavailable. However, as only you control how the Service is implemented into your website, it is solely your obligation to prevent any Personal data being processed by the Service. If there are any Personal data included on your website in plain-text, in images, or other elements, it is your obligation to exclude them from being tracked using our API (for more details see https://www.smartlook.com/docs/recording).
- In case you allow (accidentally or deliberately) any Personal Data to be Processed by the Service when using a free Subscription, you must immediately prevent any further Personal data processing and inform us without delay via email at email@example.com.
- If using a paid Subscription type of Service, Personal data may be processed by the Service and us. Therefore, you are obligated to enter into a DPA with us. By accepting these Terms and starting to use a paid Subscription type of Service you are accepting the DPA as well. These Terms and the DPA are mutually conditional on each other and upon acceptance/termination of Terms or DPA, the DPA or Terms are accepted/terminated. Before start using paid Subscription, you are obligated to learn all the Service’s features and how Service process the Personal data (see https://www.smartlook.com/docs/api). You can review & download Smartlook’s Data Processing Agreement (DPA) here: www.smartlook.com/dpa
- To perform our obligations stipulated in Terms is necessary for us to process some personal data of you (if you are natural person) or your employees or other natural persons using the Service on your behalf and having individual access to your Service’s account. As we process such a personal data in accordance to the article 6 point 1/b of the Directive no consent is required. All information about how we process such personal data and our obligations as a personal data controller are available at /en/articles/3244452-privacy-statement.
6. Links to Other Web Sites
- Our Service may contain links to third-party web sites or services that are not owned or controlled by Smartlook.com, s.r.o. Smartlook.com, s.r.o. 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 Smartlook.com, s.r.o. 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.
- We strongly advise you to read terms and privacy policies of any third-party web sites or services that you visit.
Unless You specifically withdraw Your consent to this clause by sending an email to firstname.lastname@example.org, You hereby acknowledge and consent to Us making use of any of Your marks, logos and trade names to identify You as Smartlook’s user/customer on Smartlook’s Site and/or Services, in addition to any other marketing material.
8. Affiliate program
- Protected SEM bidding keywords - “Smartlook”, ”Smartlook.com”, ”Smartlook.cz” and misspelled or other variation of these keywords
- Negative match for protected keywords is required
- Prohibited SEM ad content - Affiliate partners are prohibited from using protected SEM bidding keywords in the ad copy
- Direct Linking is prohibited - Affiliate partners are not allowed to use direct linking from SEM ads to Smartlook's website.
- Website - Prohibited website domain keywords ”Smartlook” and misspelled or other variation of these keywords
- Website - Prohibited website content
- Websites that contain sexual of offensive content or in any way promotes or encourages violence, hatred or discrimination will not be accepted into the affiliate program.
- Website - Use of logos and trademarks
- Cashback websites are not entitled to any commissions
For guidelines, please contact us at email@example.com
Affiliate partners are not allowed to use direct linking from Facebook ads or other social network ads to Smartlook's website.
Affiliate partners are not allowed to send spam emails.
Any inappropriate use of our trademark or SEM practice including the URL and meta content will result in instant and severe action including permanent termination from our affiliate program at our discretion, and cancellation of payment for outstanding leads.
A reward cannot be paid out before reaching the minimum amount limit which is 50€.
- If you wish to terminate your account, you may delete your account and discontinue using the Service, or request a termination of your account.
- Upon termination, your right to use the Service will immediately cease and any data uploaded into your account (including any Personal data) will be deleted.
- Upon termination of your account the DPA is also immediately terminated.
- The DPA is also terminated once you cancel your paid Subscription or once it expires for any reason. Cancellation and/or expiration of your paid subscription does not represent termination of your account.
The Processor is performing regular backups of all data, including Personal Data, processed via the Service as a precautionary measure in case the data are lost due to server malfunction, human error or other unforeseen event and to fulfill Processor’s obligation imposed by the Directive to prevent accidental or unlawful destruction of Personal Data. Backups are kept for 24 hours.
11. Limitation Of Liability
In no event shall Smartlook.com, s.r.o., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct or indirect losses, incidental losses, special losses, consequential or punitive damages, including without limitation, loss of profits, loss of data, loss of use, loss of goodwill, loss of savings and revenue, including expenses to recover lost revenue, interest losses, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We do our best to ensure the highest availability and security of the Service. Despite that, Smartlook.com, s.r.o. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
13. Governing Law and Dispute Resolution
- These Terms shall be governed and construed in accordance with the laws of Czech Republic, except provisions that are legally required to follow law of your country or the European Union.
- Any disputes arising from these Terms or using the Service are to be settled by the courts of law in Brno, Czech Republic.
- Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
- If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
- These Terms may be translated in other languages available on our web site www.smartlook.com. In case a dispute arises from difference between the language versions of these Terms, this English version of the Terms takes precedence.
- We reserve the right, at our sole discretion, to modify or update these Terms at any time.
- 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.
15. Authorization statement
- User means a natural or legal person using the Service by implementing it into any websites operated by such a person and having a sole control of an individual account within the Service (hereinafter as “User”).
- Natural person concluding these Terms on behalf of the User (hereinafter as “Natural Person”) hereby declares that he or she acts on behalf of the User and is legally authorized to act on behalf of the User in the matter of these Terms. If such legal authorization of the Natural Person will be found as invalid then these Terms are binding for the Natural Person and the Natural Person is fully responsible to fulfill all obligations stated in these Terms.
- You are obligated to provide us with complete and accurate information upon registration into Service and to keep such information accurate and up-to-date during your whole course of use of the Service.
16. Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org