SmartCut Terms and Conditions

Effective Date: June 30, 2025

Welcome to SmartCut!

These Terms of Use (the "Terms") are a legally binding contract between you and SmartCut Inc. ("we," "us," or "the Company"). The Terms contain the rules and restrictions governing your use of SmartCut products and services (collectively, "SmartCut"). If you have any questions, comments, or suggestions about the Terms or our products and services, please contact us at contact@smartcut.com.

Any use of SmartCut indicates your agreement to all the contents of these Terms, which remain in effect during your use of SmartCut. The Terms include all the contents of this document. If you do not agree to all the following terms, please do not use or access SmartCut in any way.

Your Representations and Warranties

You represent and warrant that you have reached the legal age to enter into a legally binding contract (or, if not, you have obtained the use permission from your parent or guardian, and the parent or guardian agrees to the Terms on your behalf). If you agree to the Terms on behalf of an organization or entity, you represent and warrant that you have the authority to agree to the Terms on behalf of the organization or entity and bind it to the Terms (in this case, "you" and "your" in the text refer to the organization or entity).

Creating an Account on SmartCut

You may need to register an account and set a password. You promise to provide us with accurate, complete, and up-to-date registration information.

You agree to use SmartCut only for your own personal or organizational purposes, not on behalf of or for the benefit of any third party. Without our prior written permission, you shall not transfer the account to any third party.

The SmartCut account name you choose shall not involve names that you have no right to use, or intentionally use others' names. SmartCut reserves the right to decide on its own to refuse registration or cancel the account name.

Posting Content on SmartCut

First, you own the copyright of the content you create. Any original content you post, upload, share, store, or otherwise provide to SmartCut (including "processes," subscriber lists, any other media uploaded in the processes, and any information provided to obtain a SmartCut account) belongs to you and is protected by copyright and other applicable intellectual property laws.

The following rules apply to any content posted, uploaded, stored, or otherwise provided through SmartCut (the "Posted Content"):

  • Prohibition of Infringement: Your Posted Content shall not infringe the rights of others (including SmartCut). Without the prior consent of the content owner, you shall not copy, adapt, translate, publish, disseminate, distribute, display, license, sell, or commercially use for any purpose the content that is not owned by you.
  • Limited License Granted to Us: To display your Posted Content on SmartCut and allow other users to use it, you grant us the following rights to operate SmartCut: you grant SmartCut the license to translate, modify, and copy the Posted Content so that we can provide and improve the services and notify you of new functions. You understand and agree that we may need to modify the Posted Content to adapt to the technical requirements of networks, devices, services, or media, and this license includes the right to such modifications (for example, adjusting the process to ensure it can be viewed on both iPhones and computers).
  • Publicly Posted Content: If you share the Posted Content with other users on SmartCut, in addition to the above license, you also grant us the license to display, perform, and distribute the content, and grant all SmartCut users the license to access and use the content within the scope allowed by the service functions.
  • License Term: You agree that the above license is royalty-free, perpetual, irrevocable, and valid worldwide. This is only a license - your ownership of the Posted Content is not affected.

We reserve the right to delete any content on SmartCut at our sole discretion (including but not limited to the situation where it is claimed that your content violates the Terms) without prior notice.

Intellectual Property and Infringement Reporting

We respect the intellectual property of others, reserve the right to delete or disable the content suspected of infringement, and have the right to terminate the accounts of repeat suspects of infringement. You promise to comply with the copyright notices, trademark rules, the information we provide, and other restrictions posted on SmartCut.

You understand that SmartCut belongs to us. The Terms do not grant you any rights, ownership, or interests in SmartCut, our trademarks, logos, and other intellectual property.

Acceptable Use Policy

You are responsible for all behaviors in using SmartCut! Please ensure that your use complies with the law. If the applicable law prohibits you from using SmartCut, you have no right to use it, and we will not be liable for your illegal use.

You also agree that you will not post content or use SmartCut in any way, including but not limited to:

  • Behaviors endangering the security of your or others' SmartCut accounts (such as allowing others to log in as you or sharing account passwords);
  • Attempting to obtain the passwords, accounts, or other security information of other users;
  • Damaging the security of any computer network or cracking passwords and encryption codes;
  • Running mailing lists, auto-reply programs, or "junk information" on SmartCut, or running any programs that interfere with the normal operation of SmartCut when not logged in (including imposing unreasonable loads on the SmartCut infrastructure);
  • "Grabbing," "crawling," or "spider grabbing" any pages, data, or parts of SmartCut by manual or automated means;
  • Copying or storing any large amounts of content on SmartCut;
  • Decompiling, reverse-engineering, or attempting to obtain the source code or underlying information of SmartCut.

Other Users and Third Parties

  • Posted Content: The Posted Content on SmartCut is solely responsible for by the content source. The risk of your access to such content is borne by you. We are not responsible for any errors or omissions in the Posted Content, and you hereby release us from any damages or losses that may be suffered due to the Posted Content.
  • Other Users: Your interaction with other organizations or individuals on SmartCut (including process payments and other related terms, conditions, guarantees, or statements) only occurs between you and the other party. You agree that SmartCut will not be liable for any losses or damages caused by such interaction. We cannot guarantee the authenticity of user identities, nor are we responsible for which users access our products and services.
  • Third-Party Content: SmartCut may contain links to third-party websites or services that are not owned or controlled by us. We do not control or assume responsibility for the content, accuracy, privacy policies, or views of third-party websites. You hereby release us from all liabilities arising from your use of third-party websites or services.

If you have a dispute with other users of SmartCut or third parties, you release us and our managers, employees, agents, and successors from all claims, demands, and damages (whether known or unknown, suspected or unsuspected, disclosed or undisclosed) arising from the dispute and/or SmartCut.

Some of our services may require payment now or in the future ("Paid Services"). For a description of the current Paid Services, please view our Paid Services page. Please note that any payment terms presented in the process of using or registering for Paid Services are deemed to be part of this Agreement.

Billing

Some Paid Services may include an initial charging period (one-time charge) and subsequent periodic charging periods ("Subscriptions"). Selecting a periodic payment plan means that you confirm that the service has initial and periodic payment functions and agree to bear all periodic fees before cancellation. We may submit periodic charges (such as monthly charges) without obtaining your additional authorization, unless you notify us in advance (and we confirm receipt) to terminate the authorization or change the payment method. This notice does not affect the charges that have been submitted before our reasonable actions. To terminate the authorization or change the payment method, please visit Account Settings.

We have the right to modify the Subscription fees at our sole discretion and will notify you of the fee changes in advance so that you can terminate the Subscription before the changes take effect. The changes in Subscription fees will take effect immediately after publication, or (if you have an active Subscription) at the end of the current billing cycle. After the changes in Subscription fees take effect, your continued use of the Subscription service indicates your agreement to pay the revised fees.

If you purchase any Subscription service, you will become a "Subscriber". Unless you choose to cancel auto-renewal through Account Settings, any Subscription service you register for will be automatically renewed at the original selected period and at the then non-promotional rate. To change or cancel the Subscription at any time, please visit Account Settings. After canceling the Subscription, you can use it until the end of the current Subscription period, and the Subscription will not be renewed, but you are not entitled to a pro-rata refund of the fees paid for the current Subscription period. If you do not wish to continue periodic payments, you must cancel the Subscription or terminate the SmartCut account through Account Settings before the end of the current Subscription period. The Subscription service cannot be terminated before the end of the paid period.

Refund Policy

Unless otherwise expressly provided in this Agreement, SmartCut does not provide refunds for any Paid Services, including but not limited to monthly or annual Subscription fees and lifetime plan purchases. All sales are final sales. Whether it is a periodic Subscription or a one-time lifetime plan purchase, the fees you have paid for the Paid Services will not be refunded.

Terminating the Account

SmartCut has the right to terminate (or suspend access to) your use of SmartCut or the account for any reason at its sole discretion. We will try to notify you in advance before terminating the account to allow you to retrieve the important Posted Content you have uploaded; however, if we consider that advance notice is impractical, illegal, not in the interest of others' safety, or harmful to SmartCut's rights and property, we may not give advance notice.

SmartCut also allows you to delete the account at any time. If you need to apply to delete the account, please contact us at contact@smartcut.com. When deleting the account, all Posted Content associated with the account will also be deleted, but the publicly posted content may still be viewable.

You understand and agree that it may not be possible to completely delete your content from SmartCut's records or backups, and the Posted Content copied or stored by other users may still be viewable elsewhere. Please refer to the Privacy Policy to understand how we process the information you provide after you stop using SmartCut.

You agree that some of the obligations in the Terms will remain effective after the termination of the account. The following clauses will continue to survive after termination: your obligation to pay or compensate us, the limitation of our liability, the clauses on intellectual property ownership, the dispute resolution clauses, and other clauses that should survive the termination of the Terms by their nature.

SmartCut Privacy Policy

SmartCut attaches great importance to your privacy.

The Children's Online Privacy Protection Act (COPPA) requires online service providers to obtain parental consent before knowingly collecting personal identifiable information from children under the age of 13. We will not knowingly collect or solicit personal identifiable information from children under the age of 13; if you are a child under the age of 13, please do not attempt to register for SmartCut or send any personal information to us. If we find that we have collected the personal information of a child under the age of 13, we will delete it as soon as possible. If you think that a child under the age of 13 may have provided personal information to us, please contact us at contact@smartcut.com.

Changes to SmartCut

We are always committed to improving SmartCut, so the products and services may change over time. We may suspend or stop any part of SmartCut, or introduce new functions, set restrictions on certain functions, or limit access to part or all of the services. For major changes that have an adverse impact on you, we will try to notify you in advance, but it is not always feasible or practical.

Changes to the Terms

We are constantly improving the products and services, so the Terms may change along with SmartCut. We reserve the right to change the Terms at any time, and when changing, we will remind you through website notifications, sending emails, or other means.

If you do not agree to the new Terms, you can refuse to accept them; but unfortunately, this means that you will not be able to continue using SmartCut. After the changes to the Terms take effect and the notice is issued, your use of SmartCut in any way indicates your agreement to all the changes.

Except for the changes made by us in the above way, any other amendments or modifications to the Terms are invalid unless they are signed in writing by you and us.

Violation of the Terms

Failure to comply with any provision of the Terms constitutes a breach of contract, which may lead to the immediate termination of your account. SmartCut has the right to decide on its own whether you have violated any restrictions in the Terms.

Other Terms

The above content covers most of the questions we usually receive about SmartCut, and the following are the less involved clauses:

  • No Warranty: SmartCut is provided "as is", that is, we do not provide any express or implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the use of SmartCut will not be interrupted or error-free. Therefore, we:

    • Do not make any representations or warranties about any content contained in or accessible through SmartCut, nor are we responsible for the accuracy, copyright compliance, legality, or legitimacy of the content;
    • Do not make any representations or warranties about the suggestions or recommendations of the products or services provided or purchased through SmartCut (including the creator processes), and such products and services are provided "as is", and we do not provide any warranties.

  • Limitation of Liability: To the maximum extent permitted by applicable law, regardless of the situation and legal theory, SmartCut and its licensors or suppliers shall not be liable to you or any other person for: any indirect, special, incidental, or consequential damages;

    • Compensation exceeding the higher of the following: (1) $100; (2) the fees you paid to us for SmartCut within the 12 months before the relevant claim.

  • Indemnification: To the maximum extent permitted by applicable law, you agree to indemnify and hold SmartCut, its affiliates, officers, agents, employees, and partners harmless from all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorney’s fees) arising out of:

    • (a) your use of SmartCut (including any actions taken by third parties using your account); or
    • (b) your violation of these Terms. In the event of any such claim, lawsuit, or action, we will attempt to notify you using the contact information in your account (provided that failure to notify shall not exempt or reduce your indemnification obligations).

  • Assignment: Without our prior written consent, you shall not assign, delegate, or transfer the Terms, your rights and obligations, or the SmartCut account by operation of law or other means. We can assign, delegate, or transfer the Terms and our rights and obligations without consent.

  • Governing Law: This Agreement is governed by and construed in accordance with the laws of the Province of Ontario, Canada, without considering the conflict of laws provisions.

  • No Third-Party Beneficiaries: We agree that the Terms do not involve any third-party beneficiaries.

  • No Joint Venture: You hereby confirm and agree that you are not an employee, agent, partner, or joint venturer of SmartCut Inc., and you have no right to bind us in any way.

  • Waiver: If you or we do not exercise any rights in the Terms in any way, it shall not be deemed as a waiver of any further rights under the Terms.

  • Severability: If any provision of the Terms is determined to be unenforceable or invalid, the provision shall be limited or deleted to the minimum extent necessary to make the remaining parts of the Terms remain fully effective and enforceable.

  • Entire Agreement: You agree that the Terms are the complete and exclusive statement of the mutual understanding between you and us, replacing and canceling all previous written and oral agreements, communications, and other understandings on the subject matter of the Terms.