Smart Processing Inc. - Legal Notice

Terms and Conditions of Use
Terms and conditions apply to the use of Smart Processing Inc. (hereinafter "SPI", "we", "us" and/or "our") and the smartprocessingsolution Website(s) located at gateway.smartprocessingsolution.com and all associated Websites ("Website"). Each smartprocessingsolution Website may have separate policies and procedures. THESE WEBSITES ARE THE PROPERTY OF Smart Processing Inc BY USING (hereinafter "User", "you" and/or "your") ANY OF THESE SMARTPROCESSINGSOLUTION WEBSITES, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS OF USE CONTAINED IN THIS LEGAL NOTICE. DO NOT USE THESE WEBSITES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE OR ARE NOT OF SUFFICIENT LEGAL AGE TO PROVIDE INFORMATION. YOU ARE PROHIBITED FROM USING THIS WEBSITE OR SERVICES FOR ANY UNLAWFUL PURPOSE.

Void Where Prohibited By Law
Any product, service, feature, or function offered on the Website is void where prohibited by law.

Downloading
You may download material displayed on the SPI Website for personal and non-commercial use only. You are prohibited to distribute, modify, transmit, use, or reuse any of the contents of the SPI Website for public or commercial purpose without the written consent of SPI. All copyright, proprietary notices, and rules on downloaded and/or copied material must be retained.

Prohibited Activities
Unauthorized access to any part of this Website is prohibited. You may not copy, scan, probe, or breach the security measures of this Website or the systems that support it.

Copyright
SPI recognizes the trademarks of VISA ®, MASTERCARD ®. DISCOVER ® and AMEX ® in accordance with the delivery of services to SPI. Images displayed on gateway.smartprocessingsolution.com are property of, or used with permission by SPI. Use of these images by third parties is prohibited unless expressed on SPI Websites. Any unauthorized use of these images may violate copyright, trademark, and laws of privacy and publicity.

Privacy
By using this Website, you acknowledge and expressly authorize that SPI may provide your personal information to appropriate financial institutions, processors, and third parties under contract with affiliates for providing a subset of the payment services (i.e.: credit authorization and fraud screening). Federal and state privacy laws govern the use of personally identifiable consumer information for financial institutions. For other third parties under contract with SPI and/or subsidiary, the use and distribution of your personal information will be used by such entity for its internal use. These transactions are treated as confidential and will be transferred between SPI website and you via encrypted and secured connection. Merchant is permitted to place an order based on the personal information you provide. Use of your personal information should be governed by agreement with merchant.

NO WARRANTY
USE OF SERVICE IS AT INDIVIDUAL'S RISK. SMART PROCESSING INC. OR ITS AFFILIATES, EMPLOYEES, OR AGENTS DO NOT IN ANY WAY SHAPE OR FORM WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED AND/OR ERROR FREE. THE SERVICE PROVIDED IS "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND INCLUDING TITLE, MERCHANTABILITY, PUBLISHING ERRORS, OR FITNESS FOR A PARTICULAR PURPOSE. SMART PROCESSING INC. WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS ARE PROCESSED IN A TIMELY MANNER WITHOUT WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING. SERVICE IS SUBJECT TO DELAYS INVOLVING INTEGRATION, BANKING, INTERNET, AND/OR INTERNATIONAL MAIL SERVICES.

LIMITATION OF LIABILITY
SMART PROCESSING INC., ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES ARE NOT LIABLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES FROM ANY USE OF THE SMART PROCESSING INC. SERVICE. SMART PROCESSING INC., ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES ARE NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES RELATED TO THE SERVICE. MOREOVER, THE MAXIMUM AGGREGATE LIABILITY OF SMART PROCESSING INC. ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES IS LIMITED TO THE TRANSACTION FEES PAID TO SMART PROCESSING INC. IN THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM.

INDEMNIFY Smart Processing Inc. FOR DAMAGES
You hereby agree to indemnify and defend SPI and its subsidiaries, officers, directors, and employees, agents and affiliates of SPI from liabilities, losses, damages, claims, and expenses (including attorney fees and costs), whether or not a lawsuit or proceeding is filed that in any way arises out of or relates to:
(i) Violation of the Terms and Conditions of Service;
(ii) Improper use of the service;
(iii) Violation of property or third party rights;
(iv) Refunds or charge-backs of fees initiated pursuant to your request;
(v) Reversed credit card payments;
(vi) Debit card and/or credit card transactions following the closing of your SPI Account; and/or
(vii) Negligence or misconduct.

In the event you fail to promptly indemnify and defend such claims and/or pay SPI expenses, SPI shall have the right to defend itself. Any attorney fees, costs and damages incurred by SPI in settling such claims shall be paid by you within thirty (30) days of each and every of SPI 's written request(s) for reimbursement.

GOVERNING LAW
Local laws govern this agreement. However, there is exclusive jurisdiction for any claims or disputes with SPI in the courts of the state of Florida, USA. Specifically, venue for any disputes between you and SPI shall be exclusively in the state of Florida, USA. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

REVISIONS
SPI has the right to add or modify the terms of this agreement and delivering amended terms to user via email or the SPI Website(s). Use of service after the date such amended terms are delivered to user, shall be deemed to constitute acceptance of such amended terms. User agrees to review these amendments to be aware of such modifications. In the event that user does not agree to modifications made, they may cancel the SPI Account and all services with SPI.

DISCLAIMER
If SPI is notified of potential violations, Smart Processing Inc. may take legal action including but not limited to self-help measures such as terminating, freezing and/or blocking any accounts of yours with SPI and/or seeking injunctive relief to immediately stop the volatilely activity. SPI has the discretion to determine which action is appropriate under the circumstances. SPI is not liable for the security of communications transmitted over SPI 's facilities.
Users are responsible for protecting the confidentiality of their respective passwords, usernames and user accounts. Users may not in any way share their respective passwords, usernames and user accounts with any other person even if such person is related to the User. Users may not transfer their respective account to anyone else without the prior written consent of SPI If a username is misplaced or lost, the User should send an email to support@smartprocessingsolution.com. Users can use the "Forgot Your Password?" button on the SPI Website for password assistance.

CONSEQUENCES OF PROHIBITED BEHAVIOR
Violation of the policies and procedures described grants SPI the authority to restrict, block, freeze or terminate access to services. Criminal behavior(s) will be reported to relevant governmental authorities.
SPI reserves the right to collect administrative costs and fees regarding identifying offenders freezing SPI Wallet Accounts and terminating access to services.

Updated October 1, 2022