Terms of Service

SMART Technologies provides software design, engineering, and related technology services, including mobile and web application development, custom software, product and UI/UX design, dedicated teams, and technical consultancy. Our principal place of business is 11805 Crescent Bluff Drive, Pearland, TX 77047, United States.

The website is intended to provide general information about our company and services and to facilitate business inquiries.

You may use this website only if you are at least 18 years old and able to form a binding contract, and only in compliance with these Terms and all applicable laws. If you use the website on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

You agree not to misuse the website. Without limitation, you must not:

• Attempt to gain unauthorized access to the website, servers, systems, or networks connected to the website.
• Interfere with or disrupt the integrity, security, or performance of the website.
• Use the website to transmit malware, spam, or unlawful, harassing, defamatory, or fraudulent content.
• Scrape, harvest, or collect information from the website through automated means except as expressly permitted by us or allowed by applicable law.
• Misrepresent your identity or affiliation when contacting us.
• Use the website in any manner that violates applicable law or the rights of others.

The website and its content, including text, graphics, logos, icons, images, layouts, design elements, and software, are owned by SMART Technologies or our licensors and are protected by intellectual property and other laws.

You may view and temporarily download materials from the website for your personal or internal business evaluation of our services. You may not copy, modify, distribute, sell, lease, publicly display, or create derivative works from website content without our prior written consent, except as allowed by law.

All trademarks, service marks, and trade names displayed on the website are the property of SMART Technologies or their respective owners. No license to use any mark is granted by implication or otherwise except as expressly stated.

Submitting a contact form, email, or phone inquiry does not create a client relationship, consulting engagement, or obligation for either party to proceed with a project.

Any estimate, proposal, timeline, or recommendation shared in response to an inquiry is for discussion purposes only and is not a binding offer unless expressly stated in a signed written agreement. Project scope, fees, deliverables, warranties, ownership, confidentiality, and other commercial terms are governed solely by the applicable signed contract or statement of work.

Website content is provided for general informational purposes and does not constitute legal, financial, security, compliance, or other professional advice. Technology recommendations depend on your specific requirements, constraints, and risk profile.

While we aim to keep information accurate and current, we do not warrant that all descriptions, capabilities, case examples, or service details on the website are complete, error-free, or applicable to your situation.

The website may include links to third-party websites, tools, or resources. We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party sites is at your own risk and subject to their terms.

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that the website will be uninterrupted, secure, or free of errors, viruses, or other harmful components, or that any defects will be corrected.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART TECHNOLOGIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the fullest extent permitted by law. This section applies to website use only and does not limit liabilities expressly assumed in a separate signed services agreement.

You agree to defend, indemnify, and hold harmless SMART Technologies and our officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the website, your violation of these Terms, or your violation of any law or third-party right.

Our collection and use of personal information through the website is described in our Privacy Policy. By using the website, you acknowledge that policy.

We may suspend, restrict, or terminate access to the website at any time, with or without notice, if we believe you have violated these Terms or if we discontinue or modify the website. Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, indemnity, and governing law.

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict-of-law principles. Subject to any mandatory consumer protections that may apply, you agree that exclusive jurisdiction and venue for disputes arising out of or relating to these Terms or the website will lie in the state or federal courts located in Texas, and you consent to personal jurisdiction there.

We may update these Terms from time to time. The “Last updated” date indicates the latest revision. Your continued use of the website after changes become effective constitutes acceptance of the revised Terms to the extent permitted by law. If you do not agree to the updated Terms, you must stop using the website.

If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later. These Terms constitute the entire agreement between you and SMART Technologies regarding website use and supersede prior or contemporaneous understandings on that subject.

These Terms do not create any agency, partnership, joint venture, or employment relationship. You may not assign your rights under these Terms without our prior written consent. We may assign our rights and obligations in connection with a corporate reorganization or sale of assets.

Questions about these Terms of Service may be directed to:

• Company: SMART Technologies
• Address: 11805 Crescent Bluff Drive, Pearland, TX 77047, United States
• Email: morvin@smarttechnologies.us
• Phone: +1 469 809 6982
• Website: https://smarttechnologies.us