SmartFitter
Terms & Conditions

Terms & Conditions

TERMS & CONDITIONS. PLEASE READ: BY PURCHASING PRODUCTS / SOFTWARE / SERVICES FROM SMARTFITTER, Inc … YOU AGREE TO BE FULLY BOUND BY ALL OF THE FOLLOIWNG: If you are obtaining the software as defined below on behalf of a company: you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between SmartFitter, Inc. and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company. If you or the company you represent do not agree to the Terms & Conditions as laid out herein … then do not purchase … and do not use our Software and Related Products / Services. Proprietary Rights and Conditions: Apart from SmartFitter, Inc who owns the software, products & services, all other parties only buy ONE-LICENCE permission for access to the software for personal use subject to Terms & Conditions. All Title, Rights, Royalty and Interests including … (but not limited to) … copyright and other intellectual property rights in and to the software … are owned by SmartFitter, Inc. Such rights are protected by International copyright laws, international treaty provisions and other applicable laws. SmartFitter, Inc. retains all rights not expressly granted herein. You may not redistribute, sell, decompile, reverse engineer, or disassemble the software. The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from SmartFitter, Inc. SmartFitter, Inc. reserves the right to refuse any individual or company permission to use our software / products / services … and may do so without having to supply reason/s … and may do so with instantaneous notice. Licenses: Each copy of the software must have its own (separate) license and be registered with SmartFitter, Inc. You are not permitted to make copies of the software. This license does not grant any reseller privileges. Disclaimer of Warranties: To the extent allowed by local law, this software is provided to you "as is" without warranties or conditions of any kind, whether oral or written, expressed or implied. SmartFitter, Inc. specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose. Limitation of Liability: Except to the extent prohibited by local law, in no event will SmartFitter, Inc. or it’s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction. Return Policy: Should you experience a problem with any purchased software, SmartFitter, Inc. offers support services to assist with any technical issues. Please email us at Support@SmartFitter.com There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you. Phones / Devices / Hardware that has been unwrapped and/or activated will not be accepted for exchange or refund. Faulty phones that are still under warranty may be sent back to us for repairs. This does not include phones that have been damaged through abuse or misuse. Support Services: Some software and services purchased fromSmartFitter, Inc. may include limited free support. Most support is available through our website or email, unless otherwise specified. Should you require more advanced technical support or should you require telephone assistance, additional consulting services or a support plan may be required. We reserve the right to change our support policy at anytime. To contact our support department for assistance, please send an email to Support@SmartFitter.com. Installation: You must make every attempt to safeguard your data and other files on your device, when upgrading, or when installing an update. SmartFitter, Inc. does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Your data should be backed up on a regular basis and should always be backed up before you begin any installations / upgrades / updates. General Disclaimer: SmartFitter, Inc. neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of your hardware or data or anything else that you may own regardless of the cause or reason for any such misfortune. SmartFitter, Inc., it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. Do not use our software / Hardware unless you are prepared to accept the associated risks. Do not use our Software / Hardware on any Safety Critical Jobs unless you have a supervisor on hand to ensure safe implementation of the solution. Buying Guidelines: Please check out all features of the SmartPhone you are interested in buying from SmartFitter, Inc. Whilst many of our Pii Piper SmartPhone Models do indeed have some stunning features, eg … Phone, Music Player, Camera, Video, eMail, Internet Browser, Excel Spreadsheets, Word Documents, PowerPoint Presentations, Voice Activated, Turn by Turn GPS Navigation, etc … … other Models do lack certain features. Also: Certain Industrial Plants, such as some Oil Refineries, frown upon the usage of Mobile Phones and Cameras on their premises. Other Plants have strict rules that actually ban usage of Phones and Cameras. Only Intrinsically Safe (iSafe / Non-Incendive Devices) are permitted on yet other plants or sections thereof. Many of our devices have blue tooth and other wireless protocols. It is your duty to ensure that you do not break company and safety rules with regard to the kind of Device you carry onto your work site. Please bear all these points in mind when deciding which Pii Piper SmartPhone Model to buy, bearing in mind that, even if a Phone has not been UnBoxed or UnWrapped, Returning it after Purchase can be highly problematic as it involves a cumbersome process. Device Related Safety: Regardless of whether you opt for an iSafe / Non-Incendive Device or not, always exercise extreme caution when working in close proximity to flammable substances. Because your device is battery operated, there is always a risk of explosion especially if it is exposed to high heat sources, such as “just welded” pipes, cutting torches, etc. Care of your Device: Notwithstanding the fact that Rugged Devices may be a bit more durable, please note that, if subjected to extreme treatment, they will fail. Always treat your device as a fragile object. Make sure to use an appropriately strong case to keep it well protected at all times. Prolonged exposure to direct sunlight will adversely affect your device. Lending and borrowing of tools is not always the best of ideas. This is especially the case when it comes to SmartPhones, since … Files on your device could very easily be deleted, moved / lost, or even transmitted to other devices. The cost of losing data, programs, etc. is often incalculable. These policies, terms & conditions are subject to change without notice. Terms & Conditions Updated: 10 April 2016