Terms of Service
Last Updated: July 20th, 2022
These Terms of Service (“Terms”) constitute a legal agreement between you and SmartFuse, Inc., (“LaunchCo,” “we,” “our,” or “us”) regarding your use of our website (the "Site") and mobile application (the “App”) (the Site and the App are collectively referred to as the “Platform”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A JURY TRIAL.
All references to “you” or “your,” as applicable, mean the person who downloads, accesses, uses, and/or participates in the Platform or communicates with us in any manner, and each of your heirs, assigns, and successors. If you download, access, or use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
LaunchCo may, in its sole and absolute discretion, update, revise, modify, suspend, supplement, discontinue, or delete any of these Terms at any time, effective with or without prior notice and without any liability to LaunchCo. LaunchCo may also impose limits on certain features or restrict your access to part or all of the Platform without notice or liability.
If we make significant changes, we will endeavor to notify you of such changes through the Platform or by other means like email, but will not be liable for any failure to do so. If you object to any changes, you may cease accessing and using the Platform. To the extent permitted by law, you consent to any updates or changes made to the Terms by your continued use of the Platform or any service of LaunchCo after the effective date of the changes.
License to Use the Platform
Subject to your compliance with these Terms, LaunchCo grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the Platform on your device. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, except as expressly permitted in these Terms. The Platform is provided to you AS IS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LaunchCo or its licensors, unless expressly granted in these Terms.
Users of the Platform may not:
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site;
- Take any action that (a) may negatively affect the Platform infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm LaunchCo or users of the Platform; or (f) violates any intellectual property rights, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
- Use or collect any personal data including but not limited to names or other account information from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms;
- Take any inappropriate or unlawful actions, including but not limited to, money laundering, fraud, the submission of inappropriate or unlawful Content to or through the Platform (including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourage inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law);
- Violate LaunchCo policies, promulgated by LaunchCo from time-to-time, that govern your use of the Platform and our interactions with you and third parties;
- Engage in fraudulent conduct;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and/or
- Attempt to indirectly violate these Terms.
Intellectual Property Rights
LaunchCo content made available to you via the Platform (“Content”) is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. LaunchCo and/or its licensors, affiliates, subsidiaries, and parents exclusively own all right, title, and interest in and to the Platform and the Content, including all associated intellectual property rights. The service marks, trademarks, logos, trade names, domain names and any other proprietary designations of LaunchCo used herein are trademarks or registered trademarks of LaunchCo. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without LaunchCo’s express prior written consent. Any use of Content, other than as expressly permitted herein, is prohibited without the prior permission of LaunchCo and/or the relevant right holder.
Additional Platform Features
Certain portions of the Platform are only available to users who have completed the registration process to become a registered user (each, a “Registered User”). You represent and warrant to us that all information that you submit to us in connection with the process to become a Registered User is accurate, complete, and correct. Depending on the portions of the Platform that you wish to access and use, you may be required to complete additional registration requirements, meet applicable certification criteria, and agree to certain other terms and conditions with us or our service providers. If you are a Registered User, then we will treat anyone who uses your username and password as “you”. We will provide this user with all of the rights that we provide to you, and we will hold you responsible for the activities of anyone using your username and password. We recommend that you keep your username and password in strict confidence, and that you do not share this information with anyone who might “pretend” to be you with respect to the use of the Platform. Please notify us immediately if you suspect that someone is using your username and/or password inappropriately.
The LaunchCo Platform enables users to submit comments, questions, or suggestions concerning LaunchCo or our Platform (“Feedback”). Please do not submit any confidential information when providing Feedback. By submitting Feedback, you understand and agree (i) that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) that we may have something similar to the Feedback already under consideration or in development, (iii) that your Feedback will automatically become the property of LaunchCo, without compensation to you. This Feedback section shall survive any termination of the Terms.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from LaunchCo with respect to such actions or omissions.
Links to Third Party Platforms
The Platform may contain links (such as hyperlinks) to third-party websites and platforms. Such links do not constitute endorsement by LaunchCo or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. LaunchCo does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or Platform. It is your responsibility to evaluate the content and usefulness of the information obtained from third party websites and platforms. You acknowledge and agree that LaunchCo is not involved in the creation or development of third-party websites and platforms and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites and platforms. Further, you acknowledge and agree that LaunchCo has no obligation to monitor, review, or remove links to third-party websites or platforms, but reserves the right to limit or remove links to third-party websites or platforms on the Platform at its sole discretion.
The Terms shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against LaunchCo must be resolved by a court located in Austin, Texas, or a United States District Court, Western District of Texas, located in Austin, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas or the United States District Court, Western District of Texas located in Austin, Texas, for the purpose of litigating all such claims or disputes. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LAUNCHCO NOR ANY PERSON ASSOCIATED WITH LAUNCHCO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER LAUNCHCO NOR ANYONE ASSOCIATED WITH LAUNCHCO REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR- FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, LAUNCHCO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LAUNCHCO, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY LAUNCHCO, THE COST OF SUBSTITUTE PRODUCTS OR PLATFORM, OR ATTORNEYS FEES AND COSTS) AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT LAUNCHCO AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO LAUNCHCO DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Waiver and Severability. No waiver by LaunchCo of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LaunchCo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Contact Information. If you have any questions about these Terms or the Platform, please contact us by sending an email to support@SmartFuse.com.
Notices. No notice or other communication shall be deemed given unless sent in any of the manners, and to the persons, as specified herein. All notices and other communications hereunder shall be in writing and shall be deemed given: (a) upon receipt if delivered personally or if mailed by registered or certified mail return receipt requested and postage prepaid; (b) at noon on the date after dispatch if sent by a nationally recognized overnight courier; or (c) upon the completion of a message or email through the LaunchCo Platform. In any case, such notice shall be delivered to the parties at the addresses as specified below (or at such other address or facsimile number for a party as shall be specified by like notice):
6300 Bridgepoint Parkway
Building #2, Suite 500
Austin, TX 78730