Terms
and Conditions
This
Terms and Conditions (hereinafter - Agreement) establishes the rules of use of
the site https://smmpro.io/ (hereinafter - Site) between the Internet user
(hereinafter - User) and Visiola LTD (hereinafter – Visiola), Registered number 15304006, registered at the Address: 85 Great Portland Street, First Floor, London, United Kingdom, W1W 7LT registered at, hereinafter
jointly referred to as Parties, and separately - Party.
Acceptance
and compliance with the terms and conditions of the User Agreement is a
prerequisite for Registration on the Site and the start of the Use of the Site.
1.
Terms used in the Agreement
1.1
Terms and Conditions (Agreement) - an agreement defining the terms and
conditions and procedure of the Site Use, regulating the relations arising
between Visiola LTD and the User. The User Agreement is a public offer
addressed to the User from Visiola LTD. The Agreement defines the possibilities
and conditions of access to the Website, Content, conditions of suspension and
termination of such access, responsibility of the Parties, other relations of
the Parties related to the Website.
1.2
User of the Website (User) - a legally capable natural person who has joined
this Agreement, in his/her own interest.
1.3
Registration on the Site - is a voluntary procedure on the part of the User,
consisting in filling in the form on the Site at the address: https://smmpro.io/register.
Registration on the Site is carried out without charging a commission fee.
1.4
Use of the Site - User's actions with the Content, consisting in search and
retrieval of necessary information through videos, articles and materials
published on the Site and available for purchase by the User.
1.5
Content - any information presented in text, graphic, audiovisual (video)
formats on the Site, being the result of intellectual activity or not, the
rights to which belong to Visiola LTD or other persons.
1.6
The Site - is a set of web-pages placed in the Internet, united by a single
theme, design and a single address space of the domain smmpro.io/. The
home page of the Site, through which all other web-pages of the Site can be accessed,
is located in the Internet at the address: https://smmpro.io/.
1.7
User's personal cabinet - a special section of the Site, which allows the User
to conveniently use the Site and Services after the registration procedure on
the Site.
1.8
Feedback - means a response of Visiola LTD to the User's request via e-mail
from the e-mail address support@smmpro.io.
2.
Changes
2.1
We reserve the right to revise and update these Terms of Use at any time
without notice. Any changes will be posted on the Site at https://smmpro.io/terms/
and it is your responsibility to familiarize yourself with them. Your continued
use of the Site after changes have been made constitutes your agreement to the
revised Terms of Use. If you do not agree to the updated Terms, you must
refrain from using the Site.
2.2
In addition, we reserve the right to modify or discontinue this Site and its
content, including any portion thereof, with or without notice, temporarily or
permanently. By using the Site, you acknowledge that we are not responsible for
any modification, interruption or discontinuance of the Site or its content.
3.
Personal Account Registration
3.1
To use most features on our platform, you must have a personal account. Keep
your password in a safe place, as you are responsible for all activities
related to your account. If you suspect someone is using your account, let us
know by contacting our support team at support@smmpro.io. You must be of
legal age of consent to use online services in your country to use smmpro.io.
3.2
You must have a personal account to use most features on our platform,
including purchase and access to materials or confirmation the publication of
materials. When setting up and maintaining your account, you must provide and
continue to provide accurate and complete information, including a valid email
address. You accept full responsibility for your account and all activities on
your account, including for any damage or loss (whether caused to us or to any
other person) caused by anyone using your account without your authorization.
This means that you must exercise care when handling your password. You agree
not to share your account with others or use someone else's account. If you
contact us to request access to your account, we will only grant you such
access if you provide us with the information necessary to verify your
ownership of the account. If a user dies, their account will be terminated.
3.3
You may not share your login credentials with anyone. If you become aware that
someone is using your account without your permission (or if you suspect any
other security breach), please notify us immediately by contacting our support
team at support@smmpro.io. We have the right to request certain
information about you to verify that you are indeed the account holder.
3.4
Platform users must be 18 years of age or older to be eligible to create a
personal account on smmpro.io and use the Platform Services.
3.5
You may close your account at any time.
4.
Access to Materials
4.1
When you register for a course or to access other materials, you will receive
the right from us to view them through the Platform Services and use them for
that purpose only. Do not attempt to transfer or resell the materials. In
general terms, we grant you the right of lifetime access unless we must remove
the materials due to law or our policies.
4.2
Under our terms and conditions, when instructors publish materials on the
platform, they grant smmpro.io the right to provide access to the
materials to users. If you are a user, when you register for a course or for
other materials, whether free or paid materials, you receive the right from smmpro.io
to view the materials. This right does not give you the right to resell the
materials in any form (including by sharing account information with a buyer or
illegally downloading the materials and making them available on torrent
sites).
4.3
Expressed in legal, more precise terms, smmpro.io grants you (as a user) a
limited, non-exclusive, non-transferable right to access and view the materials
for which you have paid all mandatory fees, solely for your personal,
non-commercial educational use through the Services in accordance with these
Terms and any terms or restrictions associated with certain materials or
features of our Services. Use for any other purpose is strictly prohibited. You
may not reproduce, distribute, transmit, assign, sell, broadcast, rent, lease,
share, lend, modify, adapt, alter, create derivative works from, or otherwise
transfer or use any materials unless we have expressly authorized you to do so
in a written agreement signed by an authorized representative of smmpro.io.
4.4
To purchase the course you want, you need to add it to your cart, go to the checkout page, fill out your billing details, chose the payment method and agree with Terms&Conditions on the website. After that you will be redirected to the payment page protected by PCIDSS standards, where you need to enter your payment card details. After completion of payment, you will be redirected back to our website, where in your personal account in the section "Downloads" you will be able to download the purchased course.
5.
Pricing, Payment and Refunds
5.1
Prices quoted are inclusive of VAT at current rates and were accurate at the
time of entry. However, we reserve the right to change prices at any time
without prior notice.
5.2
In the unlikely event that the price shown on the checkout page is incorrect
and we discover this before accepting your order, we are under no obligation to
sell you goods at the incorrect price. We endeavor to ensure that the prices of
goods listed on our website are accurate, but errors may occur. If we discover
an error in the price of goods you have ordered, we will notify you as soon as
possible and offer to confirm your order at the correct price or cancel it. If
you cancel your order but have already paid for the products, you will receive
a full refund.
5.3
You agree to use a valid payment method when making your payment. If you are
dissatisfied with the materials you purchased, smmpro.io offers a 30-day
refund option for most materials.
5.4
By using a credit card, debit card or payment method, you are confirming that
it belongs to you. All credit/debit cardholders are subject to authentication
and authorization by the card issuer. We will not be liable to you for delay or
non-delivery if your payment card issuer refuses or fails to authorize payment
to us for any reason.
5.5
You may not use invalid or unauthorized payment methods when making purchases.
If your payment method is invalid, but you are able to access the materials for
which you registered, you agree to pay the applicable fees within 30 days of
receiving notice from us. We reserve the right to block access to any materials
for which we have not received the appropriate fees.
5.6
If you have purchased material that does not meet your expectations, you may
request a refund from smmpro.io within 30 days of purchasing that
material. We reserve the right to issue a refund to the same card from which
the payment was made. No refunds will be issued after the 30-day money back
guarantee has expired. However, if previously purchased materials have been
canceled for legal or policy reasons, you are eligible to receive a refund
after the 30-day refund guarantee has expired. smmpro.io also reserves the
right to issue refunds to users after the end of the 30-day money back
guarantee in the event of proven or suspected account tampering.
6.
Materials and rules of conduct
6.1
smmpro.io may only be used for lawful purposes. You are responsible for
all materials you post on our platform. Your reviews, questions, postings,
courses and other uploaded materials must comply with our policies and laws,
and respect the intellectual property rights of others. We have the right to
block your account in the event of repeated or serious offenses. If you believe
someone is infringing your copyright on our platform, please let us know.
6.2
You may not access or use the Services or create an account for illegal
purposes. Your use of the Services and behavior on our platform must comply
with the requirements of applicable local and national laws in your country.
You are solely responsible for your own awareness and compliance with the law
applicable to you.
7.
smmpro.io Rights
7.1
We own the smmpro.io platform and Services, including the website, present
and future applications and services, and items such as our logos, APIs, code
and materials created by our employees. You may not interfere with them or use
them without authorization.
7.2
All right, title and interest in and to the smmpro.io platform and
Services, including our website, our existing or future applications, databases
and materials that our employees or partners submit or make available through
our Services (excluding, however, user submitted materials), are and remain the
exclusive property of smmpro.io. Nothing grants you the right to use the smmpro.io
name or any trademarks, logos, domain names or other distinctive smmpro.io
brand properties. Any feedback, comments or suggestions you may provide
regarding smmpro.io or the Services are solely voluntary, and we may use
such feedback, comments or suggestions in our sole discretion and without any
obligation to you.
7.3
You can not do any of the following while accessing or using the smmpro.io
platform and Services:
-
access, interfere with, or use areas of the platform (including storage of
materials), smmpro.io's computer systems, or smmpro.io's service
providers' technical data systems that are closed to public access.
-
disable, interfere with, or attempt to circumvent any security-related features
of the platforms, or search, scan, or test for vulnerabilities in any of our
systems;
-
copy, modify, create derivative works, perform technology tampering,
disassemble, or otherwise attempt to learn the source code or materials on the smmpro.io
platform or the Services
-
access or search or attempt to access or search our platform by any means
(automated or otherwise) other than the currently available search
functionality provided through our website;
-
in any way use the Services to send data indicating an altered, misleading, or
knowingly false source of such data (e.g., sending emails purporting to be from
smmpro.io); or obstruct or interrupt (or attempt to do so) the access of
any user, computer, or network, including, but not limited to, sending viruses,
overloading, posting excessive comments, spamming, or mass mailings on or
through the platforms or Services, or in any manner whatsoever.
8.
Other Legal Terms
These
Terms are similar to any other agreement and contain tedious to read but
extremely important legal terms that protect us from all sorts of potential
situations and that clarify the legal relationship between us and you.
8.1
Binding effect of the agreement
-
You agree that by registering, accessing or using our Services, you agree to
enter into a legally binding agreement with smmpro.io. If you do not agree
to these Terms, do not register, access or otherwise use any of our Services.
-
Any non-English language version of these Terms is provided as a convenience,
and you understand and agree that the English language version will prevail in
any dispute.
-
If any part of these Terms is held invalid or unenforceable under applicable
law, such provision will be replaced by a valid and enforceable provision that
best meets the intent of the original provision, and the remainder of these
Terms will remain in full force and effect.
-
Even if we do not immediately exercise our rights or waive our rights in one
instance, this does not constitute a waiver of our rights under these Terms,
and we shall be entitled to enforce them in the future. If we decide to waive
any of our rights in a particular situation, this does not constitute a waiver
of our right in general or in the future.
8.2
Disclaimer
-
It may happen that our platform is down, either due to planned maintenance or
due to any site malfunctions. You accept and agree that you undertake not to
make any regressive claims against us in these cases, should anything go wrong.
Expressed in legal, more precise language, the Services and materials are
provided on an "as is" and "as available" basis. We (and
our affiliates, suppliers, partners and agents) make no representations or
warranties as to the suitability, reliability, availability, timeliness,
security, freedom from error or accuracy of the Services or their materials provided,
and expressly disclaim any warranties or conditions (express or implied),
including the implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement. We (and our affiliates, suppliers,
partners and agents) make no warranty that you will obtain specific results
from using the Services. Your use of the Services (including any materials) is
entirely at your own risk. Some jurisdictions do not allow the exclusion of
implied warranties, so some of the above exclusions may not apply to you.
-
We may choose to discontinue certain features of the Services at any time and
for any reason. In no event shall smmpro.io or its affiliates, suppliers,
partners or agents be liable for any damages of any kind as a result of such
discontinuance or lack of access to such features.
-
We are not responsible for delays or inability to provide any of the Services
as a result of events beyond our control, such as acts of war, riot, or
sabotage; natural disasters; power, internet, or telecommunications outages.
8.3
Indemnity, Indemnification, Release and Remedy Guarantee
-
If your conduct causes us legal problems, we may pursue legal remedies against
you. You agree to indemnify, defend (at our request) and hold smmpro.io,
our group companies and their officers, directors, suppliers, partners and
agents harmless from any third party claims, demands, losses, damages or
expenses (including reasonable attorneys' fees) arising from (a) materials you
post or submit, (b) your use of the Services, (c) your violation of these
Terms, or (d) your violation of any third party rights. Your indemnification
obligations will survive termination of these Terms and your use of the
Services.
8.4
Applicable Law and Jurisdiction
When
the term "smmpro" is used in these Terms, it means the smmpro
organization with which you contract. If you are a user, your contractual
organization and applicable law will be determined by our place of
incorporation.
8.5
Lawsuits and Notices
-
No action, regardless of form, arising out of or relating to this Agreement may
be brought by any party later than one year after the cause of action arises,
except to the extent that such limitations cannot be imposed by law.
-
Any notices or other communications under this Agreement will be sent in
writing by registered mail, return receipt requested, or by email (we send such
notices to the email address associated with your account and you send them to
support@smmpro.io).
8.6
Relationship between the parties
-
You and we confirm that we are not in a joint venture, partnership, employment,
contractor or agency relationship.
9.
Dispute Resolution
If
a dispute arises, our support team will be happy to help resolve the problem.
9.1
Dispute Resolution: Overview
-
Ltd. makes every effort to resolve disputes with its users without the need for
formal legal proceedings. If a dispute arises between you and Visiola LTD, both
parties are committed to trying to reach a resolution that is fair and
equitable to both parties using the mandatory informal dispute resolution
process described below. In some cases, the assistance of a third party may be
required to resolve such a dispute. This Dispute Resolution Agreement limits
how such disputes may be resolved.
-
YOU AND Visiola LTD AGREE THAT ALL DISPUTES, CLAIMS OR CONTROVERSIES ARISING
OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THEIR APPLICABILITY, BREACH,
TERMINATION, VALIDITY, PERFORMANCE AND INTERPRETATION, OR ARISING OUT OF YOUR
USE OF THE SERVICES OR COMMUNICATION WITH Visiola LTD (COLLECTIVELY,
"DISPUTES"), WHICH CANNOT BE RESOLVED INFORMALLY, SHALL BE RESOLVED
EXCLUSIVELY IN SMALL CLAIMS COURT OR BINDING INDIVIDUAL ARBITRATION, AND YOU
AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY AND TO BRING SUIT IN ANY OTHER COURT.
-
YOU AND Visiola LTD ALSO AGREE TO SUE EACH OTHER ONLY IN YOUR INDIVIDUAL
CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR COLLECTIVE
PROCEEDING, WHETHER IN COURT OR IN ARBITRATION.
9.2
Mandatory Informal Dispute Resolution Process
-
Before filing a claim against the other party, you and smmpro must first
participate in the informal dispute resolution process described in this
section.
-
The party making the claim sends the other party a brief written statement
("Statement of Claim"), including its full name, mailing address and
e-mail address, explaining (a) the nature and details of the Dispute and (b) a
proposal for resolving the Dispute (including any money claimed and how that
amount will be calculated). Sending a Claim Statement suspends any applicable
statute of limitations for a 60-day period beginning on the date the Claim is
received. You must email the Statement of Claim to the Visiola LTD at support@smmpro.io.
smmpro.io will send Statements of
Claim and respond to you at the e-mail address associated with your smmpro
account, unless you request otherwise.
-
If either party receives a Statement of Claim, the parties agree to attempt in
good faith to resolve the dispute informally. If we are unable to resolve it
within 60 days of receipt of the Statement of Claim, each party shall have the
right to initiate a formal action against the other in small claims court or to
assert the claim through individual arbitration in accordance with the terms of
this Dispute Resolution Agreement.
-
Failure to follow this process shall constitute a material breach of these
Terms.
10.
Updating these Terms
10.1
We may update these Terms from time to time to clarify our policies or to
reflect new or different policies (for example, when we add new features), and smmpro
reserves the right, in its sole discretion, to modify and/or amend these Terms
at any time. When we make any material changes, we will notify you by email
using known methods, such as sending a notice to the email address provided in
your account or by posting a notice through our Services. Changes will be
effective on the date of posting unless otherwise noted.
10.2
Your continued use of our Services after the changes take effect means that you
accept the changes. All revised Terms supersede all previous Terms.
11.
How to contact us
11.1
The best way to contact us is by contacting our support team at support@smmpro.io.
We look forward to hearing your questions, comments and feedback about our
Services.