Terms and Conditions

Last Updated: July 1, 2023

Welcome to SmartNTD. These Terms and Conditions govern your use of the SmartNTD website and mobile application (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access the Services.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines, which are incorporated by reference. If you do not agree to these Terms, please do not use our Services.

2. Eligibility

You must be at least 18 years old to create an account on SmartNTD and use the Services. By creating an account and using the Services, you represent and warrant that:

• You are at least 18 years old.
• You have the right, authority, and capacity to enter into these Terms.
• You are not prohibited from using the Services under the laws of Taiwan or any other applicable jurisdiction.
• You have not been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence.
• You are not required to register as a sex offender with any government entity.

3. Account Creation and Security

When creating an account, you agree to:

• Provide accurate, current, and complete information about yourself.
• Maintain and promptly update your information to keep it accurate, current, and complete.
• Keep your login credentials confidential and not share them with others.
• Be solely responsible for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account if you provide inaccurate, untrue, or incomplete information, or if we believe that you have violated these Terms.

4. Use of the Services

4.1. Permitted Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may use the Services to seek legitimate relationship connections with other users.

4.2. Prohibited Activities

You agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
• Harass, stalk, intimidate, abuse, defame, or threaten other users.
• Post or share content that is illegal, obscene, pornographic, violent, discriminatory, or otherwise objectionable.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Engage in commercial activities such as advertising, soliciting, selling goods, or recruiting.
• Solicit money from other users.
• Spam or send unsolicited messages to users.
• Attempt to access other users' accounts or personal information without authorization.
• Use the Services in a way that could disable, overburden, damage, or impair the Services.
• Use any robot, spider, crawler, scraper, or other automated means to access the Services.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Develop, support, or use software, devices, scripts, robots, or other means to scrape the Services or otherwise copy profiles and data from the Services.

5. User Content

5.1. Content Responsibility

You are solely responsible for the content you post, upload, publish, display, or transmit on or through the Services (collectively, "User Content"). By posting User Content, you represent and warrant that:

• You own or have the right to use and share all User Content you post.
• Your User Content does not violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
• Your User Content complies with these Terms and all applicable laws.

5.2. Content License

By posting User Content, you grant SmartNTD a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your User Content for the purpose of operating and improving the Services.

5.3. Content Removal

We reserve the right, but are not obligated, to monitor, review, screen, and remove User Content at our sole discretion, at any time, without notice, and for any reason.

6. Premium Features and Purchases

6.1. Premium Subscriptions

SmartNTD offers premium subscriptions that provide access to enhanced features. By purchasing a premium subscription, you agree to pay the applicable fees as they become due.

6.2. Payment Terms

All purchases are final and non-refundable, except as expressly stated in our Refund Policy or as required by applicable law. Prices for our Services may change at any time without notice. We shall not be liable to you or any third party for any price changes or modifications to our Services.

6.3. Automatic Renewal

Premium subscriptions automatically renew unless you cancel your subscription before the end of the current subscription period. By purchasing a premium subscription, you authorize us to charge your payment method for the subscription fee at the then-current rate, plus any applicable taxes.

6.4. Cancellation

You may cancel your premium subscription at any time through your account settings or by contacting customer support. If you cancel, you will continue to have access to premium features until the end of your current subscription period, but you will not receive a refund for any fees already paid.

7. Intellectual Property Rights

7.1. Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SmartNTD, its licensors, or other providers of such material and are protected by Taiwan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2. License to Use Services

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

7.3. Restrictions

You may not:

• Copy, modify, create derivative works, publicly display, republish, or distribute the Services or any material from the Services without our prior written consent.
• Remove or modify any copyright, trademark, or other proprietary notices from any content obtained from the Services.
• Use any trademarks, service marks, or logos of SmartNTD without our prior written consent.

8. Termination

We reserve the right to suspend or terminate your account and access to the Services at any time, without notice and for any reason, including if we believe that you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account at any time by following the instructions in the Services. Termination of your account does not relieve you of any payment obligations incurred prior to termination.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTNTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMARTNTD, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless SmartNTD, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

12. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Taiwan, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Hsinchu County, Taiwan for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time in our sole discretion. We will provide notice of any changes by posting the new Terms on the Services, updating the "Last Updated" date at the top of these Terms, or sending you a notification. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and SmartNTD concerning the Services.

16. Contact Us