TERMS OF USE

The following Terms of Use (this “Agreement”) regulate the use of our website and associated services (collectively known as the “Site” or “Services”), which are owned and operated by Smart Recognition, LLC (“Smart Recognition”, “we”, or “us”). Your adherence to these Terms of Use is required when using the Site. If you do not agree to follow these Terms of Use, please cease use of this Site immediately. We urge you to review our Privacy Policy, which is hereby incorporated by reference, to understand our privacy procedures and policies. To use the Services, you (or your representative) must be at least eighteen (18) years of age and have the legal competency and capacity to enter into legally binding agreements.

Smart Recognition offers Services to users who own third-party websites (“Third Party Sites”, and each owner a “Site Owner”) and wish to uncover contact information of anonymous visitors to such sites. These Terms of Use apply to general visitors of our Site and to Site Owners who procure or utilize our Services. For the purpose of these Terms of Use, “You” refers to general visitors of our Site and Site Owners.

Smart Recognition owns all pages and content, including the services and downloadable materials, available on this Site. The Site is safeguarded by United States and international copyright and trademark laws. The contents of the Site, comprising all data, files, documents, text, photographs, images, audio, and video, and any materials that are obtained through or provided for download or use via this Site (“Content”), cannot be copied, distributed, modified, reproduced, published, or used, either wholly or partly, except for purposes approved by these Terms of Use or with Smart Recognition’s explicit written consent. You are forbidden from framing or utilizing framing methods to encompass, or deep link to, any name, trademarks, service marks, logo, Content, or any other proprietary information (including but not limited to images, text, page layout, and form) owned by Smart Recognition, without our express written consent.

Permitted Uses

Each Site Owner may use the Smart Recognition Services to obtain email addresses of unidentified visitors to the Owners’ sites. Site Owner shall use the Services in compliance with all applicable laws and Data & Marketing Association (DMA) guidelines and shall not use or permit the Services to be used (i) in violation of any applicable laws, statutes, rules, or regulations including, but not limited to, all applicable privacy, “do not call”, “do not mail”, and similar do-not-solicit federal, state, county, and local regulations; (ii) for the propagation of worms, viruses, or similar malware, or (iii) to violate the rights of others (including without limitation privacy rights). Smart Recognition reserves the right to suspend the Services (or any portion thereof) without notice in the event the Site Owner’s use of the Services is in violation of this section, and to terminate this Agreement for repeated violations of this Section.

Site Owner may place computer code (a “Pixel Tag”) on Site Owner’s Third Party Site that is used to gather relevant information about visitors to the Third Party Site (each a “Visitor”) to assist Site Owner in reaching its customers and intended audiences. Smart Recognition hereby grants to the subscribing Site Owner a nontransferable, non-exclusive license to the data received from the use of the Smart Recognition Services (“Licensed Data”). Site Owner shall use the Licensed Data for marketing and management purposes only and shall not transfer possession, right, or title of or to such data to any third parties for any other purpose whatsoever.

Site Owner shall maintain on its Site(s), mobile applications, or other digital platforms or assets of Site Owner, as applicable, a privacy policy which, along with complying with all applicable laws, specifically informs Visitors of the placement of Pixel Tags, the data collected and obtained through the Pixel Tag, and the intended use of the data collected and obtained therefrom. Additionally, in jurisdictions that require informed consent for the storing and accessing of cookies or other information on an end user’s device (such as but not limited to the European Union), Site Owner must ensure, in a verifiable manner, that an end-user provides the necessary consent before you use Pixel Tags to enable us to store and access cookies or other information on the end-user’s device. Site Owner must provide Visitors a link to Site Owner’s privacy policy and the opportunity for Visitors to “opt-out” or disable Pixel Tags. Site Owner shall only post Pixel Tags on Sites owned by Site Owner and shall not deploy Pixel Tags on any website primarily engaged in pornography, gambling, or the sale of tobacco products.

In addition to the Site Owner’s obligation to post a privacy policy, the Site Owner must include in its privacy policy the following language (or alternative, equally protective language) on each of their websites deploying Pixel Tags:

Third Party Pixels and Cookies: When visiting our website or opening an email, cookies, ad beacons, and other technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt-out of receiving this advertising by visiting [applicable Site Owner webpage].

Prohibited Uses. The Services or any related services may not be used to send Emails in violation of United States laws, including but not limited to the following prohibited uses:

• to send commercial email messages, as defined by 15 U.S. Code § 7702, that would reasonably be prohibited by 15 U.S. Code § 7704, which includes Emails sent to persons who have opted-out of receiving such Emails, even if they were previously eligible to receive such Emails.
• to send Emails to persons under the age of eighteen (18) years.
• to send Emails that contain pornography, erotica, or any similar adult-oriented materials.

Requirements of Use. If you send Emails to contacts acquired through the Services, you must include in such Email information and a link to unsubscribe that enables the recipient to readily indicate their desire to no longer receive Emails, i.e., an Opt Out Request. You must have a dependable method in place to process and execute Opt Out Requests promptly. 

• You must abide by all applicable law and regulation, which includes but is not limited to, the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), COPPA (15 U.S.C. § 6501 et seq.), and other applicable federal and state laws.

Personal Information. You are responsible for all personal information (information about an individual) used to create or transmit the Emails, including the information provided to Smart Recognition for their creation and/or transmission. By using the Services, you confirm that your collection, retention, and use of such personal information adheres to all applicable law and regulation.

We will not retain any personal information after the Emails have been transmitted, except when necessary or legally mandatory to document our compliance with these Terms of Use or concerning law and regulation. You agree to indemnify and hold Smart Recognition harmless from any claims regarding such personal data, including the expenses of responding to the claim and legal expenses or other penalties, if you provide personal information that violates these Terms of Use, any other agreement you are party to, or any applicable law or regulation.

Emails, Content, Reviews, Feedback, and other Postings to the Site. If you submit, upload, post, or send any Emails, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (collectively, “User Content”), you agree not to provide User Content that (1) harms, defames, abuses, libels, is unlawful, obscene, threatening, harassing, fraudulent, pornographic, or unethical, or could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (3) transmits or contains a virus or any other detrimental component. Contacting other users through unsolicited e-mails, telephone calls, mailings, or any other mode of communication is prohibited. You represent and warrant to Smart Recognition that you have the legal right and authorization to provide all User Content to Smart Recognition, as set forth herein. Smart Recognition shall have a royalty-free, irrevocable, transferable right and license to use the User Content in whatever manner Smart Recognition desires, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute such User Content and  incorporate such User Content into any form, medium, or technology worldwide. Smart Recognition is and shall be under no obligation (1) to preserve any User Content in confidence; (2) to pay any compensation for any User Content; or (3) to respond to any User Content.

Smart Recognition does not regularly review posted User Content but reserves the right (but does not have the obligation) to observe and edit or delete any User Content submitted to the Site. You authorize Smart Recognition to use the name you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or mislead as to the source of any User Content. You are solely responsible for the content of any User Content you make. Smart Recognition and its affiliates are not liable for any User Content submitted by you or any third party.

You agree to protect, indemnify, and hold Smart Recognition harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) arising out of any User Content you post or permit to be posted to the Site.

Electronic Communications. You agree to receive electronically receive all communications, documents, notices, and disclosures (collectively, “Communications”) that Smart Recognition provides (by email, posting on the Site, or otherwise) in connection with the Site and Services. It is your responsibility to keep your primary email address up to date so that Smart Recognition can communicate with you electronically and to periodically check the Smart Recognition website for updates and notifications. You agree that agreements between you and Smart Recognition can be entered into electronically and signed electronically in accordance with applicable laws.

Site Access, Security, and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such a user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, or bypass Smart Recognition’s robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Smart Recognition will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited by requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your own user ID and password as provided to you by Smart Recognition. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Smart Recognition at any time with or without cause. You agree to defend, indemnify, and hold Smart Recognition harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Smart Recognition arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

Accuracy and Integrity of Information

Although Smart Recognition attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies, or other errors and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please promptly inform Smart Recognition so that it can be corrected. Smart Recognition reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Smart Recognition shall have no responsibility or liability for information or Content posted to the Site from any third party.

Links to Other Sites

Smart Recognition makes no representations whatsoever about Third Party Sites or any outside website that you may access through this Site. When you access a non-Smart Recognition website, please understand that it is independent from Smart Recognition and that Smart Recognition has no control over the content on that website or its privacy policy. In addition, a link to a non-Smart Recognition website does not mean that Smart Recognition endorses or accepts any responsibility for the content or the use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk.

Disclaimer of Warranties

SMART RECOGNITION DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE (INCLUDING THE SERVICES) WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. SMART RECOGNITION DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE (INCLUDING THE SERVICES).

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. SMART RECOGNITION DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

Limitation of Liability Regarding Use of Site

Smart Recognition and its suppliers and licensors are not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising from or related in any way to the Site, site-related services, content or information contained within the Site, and/or any linked website, regardless of whether based on warranty, contract, tort, or any other legal theory, and whether or not advised of the possibility of such damages. Your only recourse for dissatisfaction with the Site, site-related services, or linked websites is to discontinue using them. If any of the foregoing limitations of liability are unenforceable, Smart Recognition’s maximum aggregate liability to you in connection with your use of the Site is $500 (five hundred dollars).

Dispute Resolution

If there is any dispute or claim related to the Site or these Terms of Use, you agree to resolve it in state or federal courts located in and for Orlando, Floridaand that Florida law (without regard to conflict of law principles) governs these Terms of Use.

Revisions; General

Smart Recognition reserves the right to terminate your access to all or part of this Site, with or without notice, at its sole discretion. In cases where any of these Terms of Use are deemed unenforceable by a court or competent jurisdiction, the provisions will be limited or removed only as necessary while maintaining the full force and effect of these Terms of Use. These Terms of Use constitute the entire agreement between Smart Recognition and you regarding the subject matter herein. Smart Recognition may revise these Terms of Use from time to time by updating this posting in its sole discretion. As a user, you should periodically check this page to review the latest Terms of Use revisions and agree to them. Your continued use of the Site after the revised Terms of Use constitutes your acceptance of the changes. Certain legal notices or terms located on specific pages within this Site may supersede some provisions of these Terms of Use.

Fees, Refunds, Account Suspensions, Cancellations, Payments

You agree to the following:

Smart Recognition reserves the right to change fees at any time by posting the updated fee structure to our website or sending you a notification via email.

• Should a user violate any terms of this Agreement, we reserve the right to cancel accounts or restrict access to accounts without a refund.
• If we are unable to process your credit card, we will attempt to contact you via mail and will suspend your account usage until payment can be processed.
• For prepaid, pay-as-you-go accounts, credits roll over and do not expire. However, if you do not log into your account at least once in a 12-month period, your account (and all contents) may be deleted permanently from our system.
• Refunds are solely at our discretion.
• If a refund is requested, our billing team will review each request on a case-by-case basis within 30 days.
• Refunds are not provided for non-use. This means that if you pay for Smart Recognition but do not log in, turn off your script, or do not collect contacts for any period of time, you are not entitled to a refund.
• If you are eligible for a refund, the maximum amount for unused time, at our sole discretion, is 3 months.
• All plans are monthly payments. These charges persist regardless of whether or not your script is on or off or if you are actively collecting contacts.
• Monthly plans include overage fees. If you opt to enable overages, you will periodically be billed for said overages once you reach a specific dollar amount in overages, not to exceed 1 overage charge per day.
• To stop monthly payments, an account MUST be canceled via the Smart Recognition interface or by e-mail to support[at]smartrecognition.com in order to be processed. Voice mails are NOT valid account cancellation requests. If you do not submit your cancellation request to us in writing, we are not obligated to provide a refund to you for any unused time.
• Any affiliate or agency earning a payout must have an active account to receive payouts. An active account requires a valid credit card on file, and a bank account must be set up and connected in order to earn referral revenues. We pay referral revenues within 60 days after a referral has paid for a plan. If an account is not properly set up to receive payouts (either by connecting a bank account or adding a valid credit card on file), we will only back pay up to a maximum of 3 months of referral revenues.

Data

Smart Recognition identifies and delivers contact records for website visitors using a code snippet.

• Due to the way data refreshes over time, data accuracy is not always 100%, and it is possible to encounter a bounce rate of 2% or more. A small percentage of data may be incorrect.
• We may consider providing account credit for bounce rates surpassing the 2% threshold, at our discretion. In such cases, customers must provide evidence of the email addresses sent to, the overall bounce rate, and the bounce code returned by the server.

Suppression Lists (Resolve) and CSV files (Reactivate): We convert suppression lists and CSV files into encoded MD5 files for security reasons. We do not use, distribute, or sell this data for any purpose other than to prevent users from collecting and paying for contacts they already have or to provide open events.