Terms and Conditions

Agreement to Terms

Welcome to SMA TECH US INC. These Terms and Conditions (“Terms”) govern your access to and use of
our software development and digital media marketing services, including our website, platforms,
and tools. By subscribing to or using the services provided by SMA TECH US INC. (“Company”), you (“Client”) agree to be bound by these Terms and Conditions. If you do not agree, you must discontinue the use of our services immediately.

Definitions

• “SMA TECH US” refers to the company, its website, services, and products.
• “User,” “Client,” or “You” refers to any individual or organization using our services.
• “Services” include software development, digital media marketing, consultation, and related offerings provided by SMA TECH US.

Scope of Services

Software Development
We provide customized software solutions tailored to client requirements. Final deliverables, timelines, and specifications will be detailed in the project agreement or proposal.

Digital Media Marketing
Services include, but are not limited to:
• Social media management.
• Search engine optimization (SEO).
• Paid advertising campaigns.
• Content creation and marketing strategies.

Service Agreements
Specific services will be governed by project-specific agreements, including scope, deliverables, payment terms, and deadlines.

User Responsibilities
You agree to:
• Provide accurate and complete information necessary for project completion.

• Review and approve deliverables within agreed timelines.
• Comply with all applicable laws and regulations in relation to the use of our services.

Intellectual Property
Ownership
• Software Development: Custom software solutions developed by SMA TECH US remain our property until full payment is received. Upon payment, intellectual property rights transfer to the client as outlined in the project agreement.
• Digital Media Marketing: Content, campaigns, and materials created by SMA TECH US are licensed for use by the client and may not be reused or repurposed without our consent.

Trademarks and Copyrights
All SMA TECH US branding, logos, and materials are protected under intellectual property laws. Unauthorized use is strictly prohibited.

Confidentiality
Both parties agree to protect and not disclose confidential information shared during the course of the project. This obligation survives the termination of the agreement.

Payments and Fees
Invoices: Payments must be made as per the agreed milestones or schedule.
Late Payments: Late payments may incur a 25% penalty.
Refunds: Refunds are subject to the terms outlined in the specific service agreement.

Limitation of Liability
SMA TECH US will not be held liable for:

  • Indirect, incidental, or consequential damages arising from the use or inability to use our services.
  • Delays caused by factors beyond our control, including third-party service failures or unforeseen circumstances.
  • Loss of data or revenue resulting from the implementation of our solutions.
  • The total liability of SMA TECH US is limited to the amount paid by the client for the specific service.

Warranties and Disclaimers
Software: SMA TECH US guarantees the functionality of custom software as per the agreed specifications. No
warranty is provided for issues arising from client misuse or third-party alterations.
Marketing Services: While we strive to achieve optimal results, we do not guarantee specific outcomes for marketing campaigns due to variable market factors.

Termination

  • Either party may terminate the agreement with 30 days’ written notice.
  • SMA TECH US reserves the right to suspend or terminate services in the event of a breach of these Terms.
  • Upon termination, all outstanding payments become due immediately.

Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, US.
Disputes will first be resolved through SMA TECH management before proceeding with the jurisdiction.

Modifications to Terms
SMA TECH US reserves the right to update these Terms. Changes will be effective upon posting on our website. Your continued use of our services constitutes acceptance of the revised Terms.

Terms & Conditions for Digital Growth Package:

  • The subscription fee for the Digital Growth Package is $499 per month.
  • Payments are due on the 1st of each month unless otherwise agreed upon.
  • No hidden fees; however, taxes are calculated automatically and will be added to the subscription fee at checkout, based on applicable laws.
  • Late payments may result in a service interruption or suspension until the outstanding balance is settled.
  • There are no hidden fees; however, additional services requested outside the package may incur additional charges.
  • The Digital Growth Package requires a minimum commitment of 6 months.

  • Early termination before the end of the 6-month period will result in a termination fee equal to 50% of the remaining contract balance.

  • After the initial 6-month period, the subscription will continue on a month-to-month basis unless canceled with a 30-day written notice.

  • Clients may cancel their subscription after the initial 6-month commitment by providing a 30-day written notice.

  • Upon cancellation, all services will cease after the final billing period.

  • No refunds will be issued for partial months or unused services.

  • The Company retains ownership of any custom software, plugins, or proprietary tools developed during the engagement.

  • The Client retains ownership of the website content, domain name, and social media accounts upon full payment of services rendered.
  • The Company will make reasonable efforts to ensure uptime and optimal performance of services. However, the Company is not responsible for service interruptions caused by third-party hosting providers, internet outages, or force majeure events.

Contact Information

For questions or concerns about these Terms, please contact us:
• Email: info@smatech.us
• Phone: 713-992-5308
By using SMA TECH US’s services, you acknowledge and agree to these Terms and Conditions.