Smartmockups, a Canva CZ s.r.o. brand (“Smartmockups”, “our”, “us” or “we”) provides the Smartmockups website and application.
The following terms and conditions govern all use of the smartmockups.com website, all content, services and products available at or through the website, including, but not limited to, the Smartmockups desktop apps. The Website is owned and operated by Smartmockups, a Canva CZ s.r.o. brand (“Smartmockups”).
The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Smartmockups’s Privacy Policy) and procedures that may be published from time to time on this Site by Smartmockups (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Smartmockups, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old (16 years for individuals from EU).
If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Smartmockups may change or remove any content or photos that it considers inappropriate or unlawful, or otherwise likely to cause Smartmockups e liability. You must immediately notify Smartmockups of any unauthorized uses of your account any other breaches of security. Smartmockups will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate an account post photos to the Website (via the “share” feature), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
General Terms Optional paid services such as paid accounts, are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Smartmockups the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Automatic Renewal Unless you notify Smartmockups before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by contacting Smartmockups on hello@smartmockups.com
Fees; Payment By signing up for a Paid Services account you agree to pay Smartmockups the monthly fees indicated at /pricing/. Applicable fees will be invoiced starting from the day your Paid Services are established and in advance of using such services. Smartmockups reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Paid Services can be canceled by you at anytime by contacting Smartmockups on hello@smartmockups.com
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to us. Smartmockups does not have any control over those non-Smartmockups websites and webpages, and is not responsible for their contents or their use. By linking to a non-Smartmockups website or webpage, Smartmockups does not represent or imply that it endorses such website or webpage.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Smartmockups disclaims any responsibility for any harm resulting from your use of non-Smartmockup websites and webpages.
As Smartmockups asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Smartmockups violates your copyright, you are encouraged to notify Smartmockups in accordance with Smartmockups’s Digital Millennium Copyright Act (“DMCA”) Policy.
Smartmockups will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Smartmockups will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Smartmockups or others. In the case of such termination, Smartmockups will have no obligation to provide a refund of any amounts previously paid to Smartmockups.
Smartmockups reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Smartmockups may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Smartmockups may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Smartmockups account (if you have one), you may simply discontinue using the Website. Not withstanding the foregoing, if you have a Paid Services account, such account can only be terminated by Smartmockups if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Smartmockups’s notice to you thereof; provided that,Smartmockups can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Smartmockups and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Smartmockups nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Smartmockups or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Smartmockups under this agreement during the twelve (12) month period prior to the cause of action. Smartmockup shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Smartmockups Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Smartmockups, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.