This Online Membership Agreement ("Agreement") is a contract between you ("you" or "your") and Smili ("SMILI," "we," "us," or "our") for accessing and utilizing products or services available on www.Smili.tech and any affiliated or linked websites, including but not limited to free trials and Membership-based services. This Agreement encompasses the terms and conditions outlined below, as well as the SMILI Terms of Use available at smili.tech/terms and the SMILI Privacy Policy available at smili.tech/privacy. This Agreement becomes effective on the date when we confirm your Membership and receive payment for your initial Membership fees ("Effective Date"). We retain the right to request certified or notarized copies of original documents confirming your identity as a prospective member, either before confirming your Membership or at any point during your Membership, and we may reject any subscription application at our sole discretion. By accessing, logging in, or using information provided or published on www.Smili.tech(the"Site") or submitting an application for any of our products or services, you hereby consent to the terms and conditions set forth herein.
In exchange for your payment of the Membership fees, we grant you the privilege to access and use our products and services. If applicable, you are also permitted to install and use any software included with your Membership, as described further in these terms and conditions and in accordance with these terms and conditions. All other rights are reserved by us.
IMPORTANT NOTICE: This Agreement contains a mandatory arbitration provision, which, as detailed below, mandates arbitration on an individual basis to resolve disputes. This means that both parties waive the right to sue each other in court or participate in class actions of any nature.
We may periodically update these terms and conditions and will notify you of such changes through reasonable means, including posting revised terms and conditions on the Site and within your member dashboard. These changes will not apply to any disputes that arose before the date on which we posted the revised terms and conditions or otherwise notified you of such changes. By continuing to use or access the Site after we post any changes, you agree to accept the updated terms and conditions. The "Last Updated" date above indicates the most recent revision of these terms and conditions.
Products and Services
We provide educational products and services, primarily featuring live interactive content (complemented by pre-recorded video and content in various formats), aimed at analyzing, learning, and discussing general information related to trading strategies. The information, products, and services provided through the Site are solely intended for educational purposes and are not personalized to individual Members. Our products and services are intended for use by individuals of the legal age of majority and are not suitable for minors. By enrolling to use our services, you represent that you are of legal age and can enter into this Agreement. We may terminate your Membership if we discover that you are under the legal age of majority.
Our products and services do not facilitate or provide access to online platforms for investment or online trading in securities, currencies (including cryptocurrencies), or other financial or investment products or services. SMILI, its independent business owners ("IBOs"), and educators do NOT (i) offer personalized recommendations or advice on investment strategies, (ii) provide any regulated financial services, act as registered investment advisors, or broker-dealers, (iii) provide access to trading platforms or broker-dealers, or (iv) facilitate mirror trading.
If you intend to make any investments or trades, YOU should seek independent financial advice from a professional to verify any information, including user-generated content, found on our Site or in our products or services. SMILI is not liable for any loss or damage, including but not limited to loss of profit, arising directly or indirectly from the use of or reliance on such information and/or SMILI, IBOs, educators, or user-generated content.
For residents of the UK: Smili and its affiliates do not engage in activities regulated under The Financial Services and Markets Act 2000, including providing advice, arranging trades on behalf of consumers, or providing trading signals.
Membership Fees
By submitting your application for Membership, you authorize us to (i) charge the initial Membership fee and the first recurring Membership fee to the credit/debit card or other applicable payment method you provide or use with your Membership application (the "Payment Method") upon receipt of your application to subscribe to our products and/or services, and (ii) subsequently charge the Payment Method for each recurring Membership fee payment due and payable under these terms and conditions. When you submit the Payment Method with your application or make any subsequent changes, you represent that you are the owner or authorized user of the Payment Method to be charged. It is your responsibility to ensure that the Payment Method remains valid throughout your Membership, and you must provide all necessary information to allow us to charge the Payment Method (or any valid replacement credit or debit card) for all amounts owed to us. If the Payment Method expires or becomes invalid for any reason during your Membership, or if you fail to pay any fees when due, your access to our products and services may be restricted, and your Membership may be suspended.
Recurring Membership fees are charged every twenty-eight (28) days.
All fees are charged and refunds are processed and paid in US dollars (USD). Your card issuer or Payment Method provider may impose fees for foreign currency transactions and may determine the applicable foreign exchange rate for your transaction. We have no control over the application of international transaction or foreign exchange fees or rates, and we are not responsible for any differences between the price charged by us or the refund issued by us in USD and the total price charged to you or received by you in a foreign currency. If you make a payment using digital currency, your payment may be processed by our affiliate, Assiduous Inc., on our behalf.
We reserve the right to apply reasonable account maintenance fees and charge them to your Payment Method. We will provide advance notice of such charges in writing.
You can update your Payment Method and other account information online through your member dashboard.
Your authorization under these terms and conditions allows us to adjust the scheduled charge to reflect any changes to the recurring Membership fee, other applicable fees, or taxes. If there is a change to the recurring Membership fee, we will notify you by email at least ten (10) days before making any charge.
ALL PAYMENT AUTHORIZATIONS REMAIN IN EFFECT UNTIL YOUR MEMBERSHIP IS CANCELLED BY YOU OR BY US.
Intellectual Property
The Site and all its materials, including but not limited to images, illustrations, designs, icons, photographs, video clips, software, and written materials (collectively, the "Contents"), may be subject to copyrights, trademarks, trade dress, and/or other intellectual property rights owned, controlled, or licensed by us, our affiliates, or third parties who have licensed their materials to SMILI. These Contents may be protected by international copyright laws.
Subject to your compliance with these terms and conditions and for as long as permitted by SMILI, you may access, view, download, and print the Contents for your personal, non-commercial use only. However, you must retain all copyright, trademark, or other proprietary designations on all Contents, refrain from modifying or altering the Contents except as expressly permitted, and avoid providing or making available the Contents to any third party in a commercial manner. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or engage in any sale or exploitation of the Contents, the Site, or any related software, in whole or in part, without our express written consent.
User Account, Comments, and Ideas
You certify that any content you provide on or through the Site, including your participation in live educational sessions, is accurate and complete.
You are solely responsible for maintaining the confidentiality and security of your account, including your username and password. We are not liable for any losses arising from unauthorized use of your account. Intentional sharing of your username and password may result in the termination of your Membership. You agree that we bear no responsibility if you lose or share access to your device or your account. Any agreement between you and the issuer of your credit card, debit card, or other Payment Method will continue to govern your use of such Payment Method on the Site. We are not a party to any such agreement, nor are we responsible for the content, accuracy, or availability of any payment method used.
Except as otherwise mandated by law or explicitly stated in these terms and conditions, we may, at any time without notice to you, (1) modify, restrict access to, suspend, or discontinue the Site or any portion of it, or (2) change, modify, or waive any fees required to use any services, functionality, or other content available through the Site or any portion of it.
We do not claim ownership of any questions, statements, comments, feedback, or reviews submitted by you on or through the Site ("Comments") or ideas, concepts, or know-how ("Ideas"). By submitting any Comment or disclosing any Idea, you acknowledge that such Comment or Idea is non-confidential, non-proprietary, and may be disseminated or used by us or other Members to improve our products and services, without compensation to you. If you make a Comment or provide an Idea, you automatically grant or warrant that the owner of such content has expressly granted us a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display (publicly or otherwise) the Comments and Ideas in any media or medium, or any form, format, or forum, now known or hereafter developed.
You agree that you will not make any Comment or provide any Idea that is, in whole or in part, libellous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another's privacy, hateful, or bashing, aimed at gender, race, colour, sexual orientation, national origin, religious views, or disability, in violation of local, state, national, or international law, or that infringes upon or violates any right of any party. Additionally, you agree that you will not, in using our products or services: (a) make any Comment or provide any content that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Comment or statement unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or engage in "spamming"; (h) share or sell your account access, username, and password with or to third parties; or (i) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in our sole and exclusive judgment, exposes us or any of our officers, employees, contractors, independent business owners, licensors, partners, educators, or customers to any liability or detriment of any type, violates any policy posted on the Site, or is intended to cause harm, damage, disable, or otherwise interfere with our business.
Under no circumstances will you make any Comment or contribute any content that directly or indirectly suggests that our products and services facilitate or provide access to online platforms for investment or online trading in securities, currencies (including cryptocurrencies), or other financial or investment products or services. You may not use our products or services to provide personalized recommendations or advice on investment strategy, provide regulated financial services, act as a registered investment advisor or broker-dealer, provide access to trading platforms or brokers, or facilitate mirror trading.
You are solely responsible for any Comments you make, the consequences of making a Comment, and your reliance on any Comments. We are not responsible for the consequences of any Comment, and while we do monitor the Site and live sessions on a random audit basis, we are not obligated to, and do not accept responsibility for screening or monitoring Comments.
You consent to our option to record any live sessions you participate in and any Comments you make on the Site for the purposes of providing our products and services and investigating any allegations that a Comment does not comply with these terms and conditions. We may remove or request the removal of Comments that are abusive, illegal, disruptive, outdated, or that otherwise fail to comply with these terms and conditions.
Privacy
You acknowledge that any personal information you provide through the Site, online, or otherwise will be used by us in accordance with the SMILI Privacy Policy (published at Smili.tech/privacy), which we may update from time to time.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SMILI, OR ITS DIRECTORS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, IBOs, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP OR PARTICIPATION IN SMILI PRODUCTS OR SERVICES OR YOUR USE OF THE SITE, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMILI WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE MEMBERSHIP FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE AND YOUR MEMBERSHIP DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMILI WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER OR OTHER USER OF THE SITE.
Indemnification
You agree to defend, indemnify, and hold us harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys' fees and costs, arising from or related to your misuse of the Site or any breach by you of these terms and conditions. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Using or accessing the Site and/or enrolling as a Member constitutes your acceptance of this Arbitration provision. Please read it carefully, as it provides that you and SMILI will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision. We welcome you to contact Customer Service regarding issues or concerns you may have. This arbitration agreement does not in any way alter your ability to bring concerns to the attention of Customer Service at support@Smili.tech.
Class Action Waiver and Agreement to Arbitrate
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SMILI, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT SMILI AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
Arbitration Process and Procedure
The arbitration will be administered by the American Arbitration Association (AAA) pursuant to the AAA Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") and as modified by this agreement to arbitrate. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties, with due consideration for their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of these terms and conditions and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these terms and conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these terms and conditions will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Applicable Law
These terms and conditions will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of Nevada without regard to conflicts of law principles.
Termination
These terms and conditions are effective from the Effective Date unless and until terminated by either you or us. You may terminate your Membership at any time by discontinuing any further use of the Site and cancelling your Membership. We may also terminate these terms and conditions at any time and may do so immediately without notice, and deny you access to the Site if, in our sole discretion, we determine that you have failed to comply with any term or provision of these terms and conditions ("Cause"). If we cancel your Membership for Cause, no refund will be due to you. If we cancel your Membership other than for Cause, no refund or credit will be due to you except for the unused portion of the then-current month's Membership fee. We reserve the right, in our sole discretion, to approve or deny the reactivation of a cancelled Membership. If you apply to reactivate a canceled Membership within six (6) months of cancellation, your account may only be reactivated with the same IBO enroller as your prior Membership.
Refund and Chargeback
Refunds and chargeback are stipulated in our Refund Policy with a caveat that the refund and chargeback for education is provided in the Member Terms and Conditions document here within. The company tracks electronically if the Member has attended the live training sessions and/or has viewed the educational training course. If this is the case and a cancellation of membership is requested by the Member then the Member cannot claim a refund or cannot place a chargeback for the membership payment as the Service has been provided. By acceptance of these Terms and Conditions the member waives this course of action.
You may cancel your Membership by emailing [email protected] or using the cancellation option in your back office.
The following sections survive termination of these terms and conditions: Intellectual Property; User Accounts, Comments and Ideas; Limitation of Liability; Indemnification; Disputes & Arbitration; and Applicable Law.
General
These terms and conditions represent the complete agreement and understanding between you and us and supersede all prior agreements and representations between you and us with respect to the subject matter of these terms and conditions. These terms and conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Headings used in these terms and conditions are for reference purposes only and do not define or limit the scope of the section. If any provision of these terms and conditions is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and the other terms of these terms and conditions will remain in full force and effect. The failure by us to act with respect to a breach of these terms and conditions by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these terms and conditions without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these terms and conditions without restriction. Any use of the term "including" or variations thereof in these terms and conditions shall be construed as if followed by the phrase "without limitation." Notices to you (including notices of changes to these terms and conditions) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfil any obligation due to causes beyond our control.
Contact Us
If you have any questions or concerns regarding these terms and conditions, please contact us at:
Smili Email: [email protected]
Website: www.Smili.tech
Copyright © 2023 Smili. All Rights Reserved.