Conditions governing your use of SmartNest services
Last Updated: March 25, 2025
Welcome to SmartNest. These Terms of Service ("Terms") govern your access to and use of SmartNest's website, mobile applications, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you are using our Services on behalf of a company, organization, or other entity, then "you" means both you and such entity, and you represent and warrant that you are authorized to bind such entity to these Terms and that you agree to these Terms on behalf of such entity.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email, through the Services, or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.
It is your responsibility to review these Terms periodically to stay informed of updates. If you do not agree with the modified Terms, you must stop using the Services.
To access certain features of our Services, you may be required to create an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You are responsible for safeguarding your password and for restricting access to your account from your devices. You agree to notify us immediately if you believe your account has been compromised or if there has been any unauthorized use of your account.
The Services are intended for users who are at least 18 years of age. By using the Services, you confirm that you are at least 18 years old. If you are under 18, you may only use the Services with the involvement and consent of a parent or guardian.
All prices are shown in US dollars unless otherwise indicated and are subject to change without notice. We reserve the right to modify or discontinue any product or service without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We accept various payment methods as indicated on our website. By providing a payment method, you represent that you are authorized to use the payment method you provide and that any payment information you provide is true and accurate.
If you purchase any of our products or subscription services, you agree to pay all fees associated with such Services. For subscription Services, you authorize us to charge your payment method on a recurring basis until you cancel. You are responsible for all applicable taxes, and we will charge tax when required to do so.
Our refund policy is outlined in our Returns & Refunds Policy. By making a purchase, you acknowledge that you have read and agree to our refund terms.
We strive to provide accurate descriptions of our products. However, we do not warrant that product descriptions or other content of the Services are accurate, complete, reliable, current, or error-free.
You agree to use our products in accordance with all applicable laws, regulations, and industry standards. You also agree to use our products in accordance with any documentation or guidelines provided by SmartNest.
Some of our products include software or firmware that is licensed to you by SmartNest. Your use of such software or firmware is subject to the terms of the applicable end user license agreement, which may be presented to you during setup or made available on our website.
Our Services may allow you to access or use third-party services, applications, or devices. Your use of these third-party offerings is subject to their respective terms of service and privacy policies. SmartNest is not responsible for any third-party offerings, and we do not warrant or support them.
For subscription Services, your subscription will continue until terminated. You authorize us to charge your payment method on a recurring basis (e.g., monthly or annually, depending on your selection) until you cancel.
We may offer free trial subscriptions. Unless you cancel before the end of the free trial period, we will automatically charge your payment method for the subscription at the then-current rate.
You may cancel your subscription at any time through your account settings or by contacting our customer service team. If you cancel, you may use your subscription until the end of your current billing period, but you will not receive a refund for any fees already paid.
We reserve the right to change the terms and conditions of our subscription Services, including price changes. We will provide notice of any changes to the Services or fees. If you do not agree with such changes, your sole remedy is to cancel your subscription.
The Services and all content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are owned by SmartNest, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, SmartNest grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use.
You may not:
If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, disclose, distribute, modify, and otherwise exploit such Feedback for any purpose without any obligation or restriction of any kind.
"User Content" means any information, data, text, software, music, audio, photographs, graphics, videos, messages, reviews, or other materials that you upload, post, publish, or display on or through the Services.
By posting User Content on the Services, you grant SmartNest a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media.
You represent and warrant that:
We have the right, but not the obligation, to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
In connection with your use of the Services, you agree not to:
Our products come with a limited warranty as specified in our Warranty Information. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 10.1, THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. SMARTNEST EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SMARTNEST DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While we take reasonable security measures to protect your information, no system can be completely secure. We do not guarantee the security of your information and cannot ensure that unauthorized third parties will not be able to defeat our security measures.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTNEST, ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT WILL SMARTNEST'S 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 TO SMARTNEST FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PURCHASED ANY PRODUCTS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless SmartNest, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account.
You may stop using the Services at any time. If you have a subscription, you may cancel your subscription as described in Section 6.3.
We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms, applicable law, or is harmful to the interests of another user, a third-party, or SmartNest.
Upon termination, your right to use the Services will immediately cease. The following provisions survive termination: Sections 7 (Intellectual Property Rights), 11 (Limitation of Liability), 12 (Indemnification), 14 (Dispute Resolution), and any other provision that by its terms or nature is intended to survive termination.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING THE BREACH, TERMINATION, OR VALIDITY THEREOF, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS COMMERCIAL ARBITRATION RULES.
The arbitration shall be conducted by one arbitrator selected in accordance with the AAA rules. The arbitration shall be conducted in English and in San Francisco, California. The award rendered by the arbitrator shall be binding, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AND SMARTNEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the foregoing, either party may seek equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and SmartNest concerning your use of the Services.
The failure of SmartNest to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without SmartNest's prior written consent. SmartNest may assign these Terms without restriction.
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and SmartNest.
SmartNest shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Any notices or other communications provided by SmartNest under these Terms will be given by posting to the Services or via email. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The headings in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation."
If you have any questions about these Terms or our Services, please contact us at:
Email: vihangadev@gmail.com
Postal Address:
SmartNest Legal Department
75/3 TRACE Expert City
Maradana Road, Colombo 10, 01000
Sri Lanka
Phone: +94 76 669 6157
Our customer service team is available to assist you with any questions or concerns about our terms of service.