Terms & Conditions

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Terms of Use

12-7- 2023

Welcome to smart.et Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. Smart.et offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have suggestions on how we can improve them, you are welcome to contact us.


1.1. Our Purpose

Our services offer our Users (as defined below) the ability to easily create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas, and have an overall great experience doing so – even without any line of code. As detailed below, we offer our users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, and other online and mobile applications, tools, and services. The online, and mobile websites, functionalities, and platforms created by Users are collectively referred to herein as “User Platform(s)”.

1.2. Legal Agreement

These Smart.et Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the Smart.et website(s) (“Smart.et Website”, and collectively – the “Smart.et Terms”), set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the Smart.et Website, the Smart.et mobile application (the “Smart.et App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Smart.et Website or the Smart.et App, collectively – the “Smart.et Services” or “Services”). For the avoidance of doubt, Smart.et Services (as defined in these Terms of Use) do not include services, applications, features, or components that were built, developed, connected or offered by a Smart.et User, even if presented on the Smart.et Website or the Smart.et App.

The Smart.et Terms constitute a binding and enforceable legal contract between Smart.et Ltd. and its affiliated companies and subsidiaries worldwide (“Smart.et”, “us” or “we”) and you in relation to the use of any Smart.et Services – so please read them carefully.

You may visit and/or use the Smart.et Services if you fully agree to the Smart.et Terms – and by using and/or registering to any of the Smart.et Services, you signify and affirm your informed consent to these Terms of Use and any other Smart.et Terms applicable to your use of any Smart.et Services. If you do not read, or fully understand or if you do not agree to the Smart.et Terms, you must immediately leave the Smart.et Website and avoid or discontinue all use of the Smart.et Services or Smart.et App.

1.3. User Account

In order to access and use the Smart.et Services, you must first register and create an account with Smart.et (“User Account”).

If you register to Smart.et Services please note the following:

·These Terms of Use are applicable in addition to any arrangement by and between you and the seller, and they govern your use of the Smart.et Services.

· As between you and Smart.et, per your relationship with Smart.et and unless otherwise specifically indicated in these Terms of Use, these Terms of Use supersede any arrangement between you and the seller with regard to your use of the Smart.et Services and/or activities in your User Account (or the User Account to which you are added).

1.4 Access to Accounts; Roles and Permissions

You may invite others to your User Account and your User Platforms and assign them certain roles and permissions to perform certain activities within your User Account and User Platforms.

A person granted permission to perform activities on a User Account that such person does not own is referred to herein as a “Contributor”.

If anyone other than yourself (including Contributors) accesses your User Account and/or any of your User Platforms’ settings, they may also (and if done by a Contributors, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the Smart.et Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you.

Therefore, we strongly encourage you to

· keep the log-in credentials of your User Account confidential, and

· allow access to your User Account, only to people you trust – as you will be service and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein and including by any Contributor), and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using Smart.et Services. We strongly encourage you to provide your own (or your company’s, as applicable) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

1.5 Account Ownership

For each User Platform, Smart.et will consider the owner of such User Platform to be the person or entity whose email address is listed in Smart.et’s records as the owner of the User Account under which the User Platform was created.

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our service  discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without Smart.et having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.

1.Smart.et will consider the person or entity who has access to the e-mail address (listed in Smart.et’s records for a User Account under which such User Platform or User Content was created) as the owner of a User Account, User Platform, and/or User Content created and/or uploaded to the relevant Smart.et Service.

2.If any Paid Services were purchased via a User Account, Smart.et may consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, as the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”).

If you are a Reseller User the ownership of the respective User Account may be determined by Smart.et pursuant to the terms of the Reseller Agreement.

2. Your Obligations

2.1. You undertake and agree to:

1.fully comply with all applicable laws and any other contractual terms which govern your use of the Smart.et Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

2. be service  responsible and liable with respect to any of the uses of the Smart.et Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using or publishing such User Content on or with respect to the Smart.et Services);

3.regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications features, services, and/or Third Party Services used, connected, presented or developed by you;

4. receive from time to time promotional messages and materials from Smart.et or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;

5.allow Smart.et to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Smart.et’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Smart.et or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

6.Smart.et’s service  discretion as to the means, manner, and method for performing the Smart.et Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

7. Smart.et shall have the right to offer the Smart.et Services in alternative price plans and impose different restrictions for the upload, storage, download and use of the Smart.et Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, etc.

2.2. You agree and undertake not to:

1.copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Smart.et Website, the Smart.et Services (or any part thereof), any Content offered by Smart.et or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Smart.et’s prior written and specific consent and/or as expressly permitted under the Smart.et Terms;

2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Smart.et or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

3.use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

4.upload, insert, collect or otherwise make available within the Smart.et Website or the Smart.et Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

5.publish and/or make any use of the Smart.et Services or Licensed Content on any website, media, network or system other than those provided by Smart.et, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Smart.et Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Smart.et, in advance and in writing;

6.act in a manner which might be perceived as damaging to Smart.et’s reputation and goodwill or which may bring Smart.et into disrepute or harm;

7.purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Smart.et or Smart.et Marks and/or variations and misspellings thereof;

8.impersonate any person or entity or provide false information on the Smart.et Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Smart.et and/or any End Users;

9.falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Smart.et or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

10.reverse look-up, trace, or seek to trace another User of Smart.et Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Smart.et Services and/or User Platform without their express and informed consent;

11.disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Smart.et Services, User Platform, the account of another User(s), or any other systems or networks connected to the Smart.et Services, by hacking, password mining, or other illegitimate or prohibited means;

12.probe, scan, or test the vulnerability of the Smart.et Services or any network connected to the Smart.et Services;

13.upload to the Smart.et Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

14.take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Smart.et Services or Smart.et’s systems or networks connected to the Smart.et Services, or otherwise interfere with or disrupt the operation of any of the Smart.et Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

15.utilize any of the Smart.et Services or Smart.et Systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file storage. Including indirect utilization, through integration or connection with third-party platforms or services;

16.access to Smart.et Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

17.sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Smart.et Services, except as expressly permitted by the Smart.et Terms;

18.remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Smart.et Services and/or Licensed Content; or

19.violate, attempt to violate, or otherwise fail to comply with any of the Smart.et Terms or any laws or requirements applicable to your use of the Smart.et Services.

20.access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

3.Content and Ownership

3.1. Your Intellectual Property

As between Smart.et and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to Smart.et Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. Smart.et does not claim ownership rights on your User Content or the content you connected to the Smart.et Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

3.2. Smart.et’s Intellectual Property

All rights, title and interest in and to the Smart.et Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Smart.et Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Smart.et.

Subject to your full compliance with the Smart.et Terms and timely payment of all applicable Fees, Smart.et hereby grants you, upon creating your User Account and for as long as Smart.et wishes to provide you with the Smart.et Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Smart.et Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, service  as expressly permitted under the Smart.et Terms, and service  within the Smart.et Services.

The Smart.et Terms do not convey any right or interest in or to Smart.et’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Smart.et Terms constitutes an assignment or waiver of Smart.et’s Intellectual Property rights under any law.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Smart.et Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Smart.et. By providing such Feedback to Smart.et, you acknowledge and agree that it may be used by Smart.et in order to:

· further develop, customize and improve of the Smart.et Services,

· provide ongoing assistance and technical support,

· contact you with general or personalized Smart.et -related notices and/or interview requests based on your feedback or otherwise,

· facilitate, sponsor and offer certain promotions, and monitor performance,

·to create aggregated statistical data and other aggregated and/or inferred information, which Smart.et may use to provide and improve its services,

· to enhance Smart.et data security and fraud prevention capabilities, and

· to comply with any applicable laws and regulations. In addition, you

(1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights;

(2) irrevocably assign to Smart.et any right, title and interest you may have in such Feedback and

(3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

4.Service Fees

4.1. Money-Back Guarantee

1.       If you are not happy with your initial purchase of a Premium Plan, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Premium Plan (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of a Premium Plan which is an upgrade of a free website. The Refund is not applicable to any additional purchases, upgrades, modifications or renewals of Smart.et Services. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements in accordance with all applicable laws. If Smart.et receives such notice within the Refund Period, Smart.et will refund to you the amount Smart.et charged you for such Smart.et Services, in the currency you were originally charged in, and cancel the services accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Smart.et will not be responsible for any differences caused by a change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given by a User in bad faith or in an illegitimate attempt to avoid payment for services actually received, we reserve our right to still charge the User for any Smart.et Services actually received, as permitted by the applicable law.

2.       Please note: Certain services purchased on or through the Smart.et Services may be non-refundable altogether. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Smart.et Website and/or as part of or during the process of purchasing such services or applications. It is your responsibility to verify the ability to cancel a service prior to its purchase. Smart.et will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.

We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law. If you are a Reseller User and pay the Reseller, this Section does not apply to you.

Please carefully check the terms of each service before buying, since some services are non-refundable.

4.2. Chargebacks

If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to Smart.et, on your Smart.et account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Smart.et Services may be automatically disabled or terminated.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.


5.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Smart.et Services at any time, in accordance with the instructions available on the Smart.et Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Smart.et Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Notwithstanding the aforesaid, any Paid Service (including Renewing Paid Services) purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller.

5.2. Cancellation by Smart.et

Failure to comply with any of the Smart.et Terms and/or to pay any due Fee shall entitle Smart.et, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Smart.et Services (e.g., Paid Services) or Third Party Services to you.

5.3. Loss of Data, Content and Capacity

If your User Account or any Smart.et Services or Third Party Services related to your User Account are canceled (whether at your request or at Smart.et’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Smart.et shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Smart.et Services following their cancellation, as determined by Smart.et in its service  discretion.


6.1. General

The Smart.et Services also include certain features which enable you to sell goods, content, media, event tickets and services through your User Platform (“User Products”, and collectively with Smart.et Services – “E-Commerce”).

You are service  responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable there to. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

When someone purchases your User Products, the payments for such transactions will be processed through Smart.et Payments or through a third-party payment service provider (“Payment Provider(s)”).

6.2. Events

Depending on your plan, Smart.et may charge you service fees for event tickets sold through your site. You hereby agree to pay such fees, as required by Smart.et, and authorize Smart.et to instruct its payment processing partners or your Payment Provider, as applicable, to deduct such fees from your relevant transactions, or to otherwise collect such fees.

6.3. E-Commerce Acknowledgments and Warranties

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

1.you are service  fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;

2.any Taxes indicated by the E-Commerce features provided to you by Smart.et are service provided for illustration purposes only, and may not be relied on in any way;

3.you are responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;

4.you are responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and

5.you may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –

6.Smart.et may, at any time and at its service discretion, suspend, disable access to or remove your User Platform and/or any User Products – whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

7.Third Party Services

The Smart.et Services enable you to engage, connect, further develop and procure certain third-party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website,

Any and all use of such Third-party Services shall be done at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third party Services, which you are encouraged to review before engaging with them.

8.Misconduct and Copyrights

8.1. Misconduct and Abuse

When using Smart.et Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Smart.et with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Smart.et Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Smart.et, and that Smart.et may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its service  discretion.

8.2. Copyrights

Smart.et acts in accordance with its interpretation of Copyright. If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent:

(1) the contact details of the person authorized to act on behalf of the owner of the copyright;

(2) a description of the copyrighted work that you claim has been infringed;

(3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Smart.et to locate the material (including URL address);

(4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Smart.et’s Copyright Agent can be reached at the following address:


9.Disclaimer of Warranties

We provide the Smart.et Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Smart.et Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Smart.et Services – so please be sure to verify those before using or otherwise engaging them.

10.Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Smart.et, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from

(1) errors, mistakes, or inaccuracies of or in any content;

(2) any personal injury or property damage related to your use of the Smart.et Services;

(3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein;

(4) any interruption or cessation of transmission to or from the Smart.et Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Smart.et Services;

(6) events beyond the reasonable control of Smart.et, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or

(7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Smart.et Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Smart.et’s services to you, and such limitations will apply even if Smart.et has been advised of the possibility of such liabilities.


You agree to defend, indemnify and hold harmless Smart.et, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from:

(1) your violation of any term of these Terms of Use or any other Smart.et Terms;

(2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Smart.et Services, including, without limitation, Smart.et Services’ actions for your benefit; and/or

(3) any other type of claim that your User Platform and/or User Content caused damage to a third party.


12.1. Changes & Updates

Smart.et reserves the right to change, suspend or terminate any of the Smart.et Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Smart.et Services (including removal of any materials created by you in connection with the Smart.et Services) for any reason and/or change any of the Smart.et Terms with or without prior notice – at any time and in any manner.

If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our service discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Smart.et Services without enabling such changes, or provide you with alternative Services.

12.2. Governing Law & Jurisdiction; Class Action Waiver

You expressly acknowledge and agree that Smart.et shall have the right to enforce these Terms of Use against you.

The Smart.et Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Smart.et Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Smart.et Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects service  and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

12.3. Notices

We may provide you with notices in any of the following methods:

(1) via the Smart.et Services, including by a banner or pop-up within the Smart.et Website, User Account, or elsewhere;

(2) by an e-mail, sent to the e-mail address you provided us;


(3) through any other means, including any phone number or physical address you provided us.

12.4. Relationship

The Smart.et Terms, and your use of the Smart.et Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Smart.et and you.

12.5. Entire Agreement

These Terms of Use, together with the Smart.et Terms and any other legal or fee notices provided to you by Smart.et, shall constitute the entire agreement between you and Smart.et concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Smart.et and you, including those made by or between any of our respective representatives, with respect to any of the Smart.et Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Smart.et in entering into any of the Smart.et

12.6. Assignment

1.Smart.et may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Smart.et Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Smart.et.

12.7. Severability & Waivers

If any provision of the Smart.et Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Smart.et Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

12.8. Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right “#ItsThatEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Smart.et Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

12.9. Lifetime Packages

The Lifetime Package is a special offering for a one-time payment, giving you access to our services for the maximum duration of 10 years. Enjoy all the benefits of our premium features without the need for recurring yearly & monthly payments.

12.10. Customer Service Contact

To get in touch with our Customer Service – please use any of the options listed below:

Go to Smart.et Help Center which is available HERE