Your Everyday Digital Notebook
Acceptance of Terms
Scope of Service
Galatek Limited. (“Smartopia” or “we”), maintains this Website and makes available its related mobile applications as a service to the user community that visits the site and uses the mobile applications subject to these Terms of Service. The term “Website” includes all services and features available on www.smartopia.io and on each of their respective sub- domains, as well as all services and features available through any related mobile application. Users of this Website and any related mobile application (“you”) are responsible for obtaining any equipment and Internet and phone service necessary to access our services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or support for any mobile application, in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
Subject to these Terms of Service, Smartopia hereby grants to you a personal, non-transferable, non-exclusive right to access and use the Content of this Website or available through one of our mobile applications subject to these terms and conditions. The term “Content” means all information, text, images, trademarks, logos, data, links, software, or other material accessible through the Website or a mobile application, whether created by us or provided by another person for display on the Website or through one of our mobile applications.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download and print Content that is available on this Website or through one of our mobile applications, subject to the following conditions:
The Content may be used solely for internal informational purposes. No part of this Website, a mobile application of ours or any Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
The Content may not be modified.
Copyright, trademark, and other proprietary notices may not be removed.
The source of the Content is appropriately acknowledged.
You acknowledge that you do not acquire any ownership rights by reproducing such Content for internal informational purposes.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website or through one of our mobile applications, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
Content Submitted by Users Accuracy
Your storage data will synced to our cloud, so they are always available, even if you lose your device.
Any unused portion of your storage data, for both Free or VIP subscription package, will be forfeited at the end of the current period.
Subscription for VIP Packages
Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period.
Changes in Fees
We may change the price of any Paid Service from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of changes in recurring subscription fees by email or by chatbot to the address in your account information. Any increase in charges for the same Paid Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Paid Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew the Paid Service subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle.
Your payment will be charged to your iTunes Account at confirmation of the purchase. Your subscription automatically renews unless auto-renew is turned off at least 24-hours prior to the end of the current period.
You can manage or turn off auto-renew in your Apple ID Account Settings any time after purchase.
Unfortunately, we cannot process refunds ourselves. All payments are managed by Apple. For refunds, please contact Apple customer service.
Our goal is to deliver advertising or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
You give us permission to display in-app advertisements from third-party providers, like Google Admob. This means, for example, that you permit a business or other entity to pay us for native advertisements with your content, without any compensation to you.
We do not give your content or information to advertisers without your consent.
You understand that we may not always identify paid services and communications as such.
We are not responsible or liable for the conduct of users or for views, opinions and statements expressed in Content submitted for public display through our Website or mobile applications. We do not prescreen information posted through our Website or mobile applications. With respect to such Content, we act as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users through our Website or mobile applications are those of the respective author(s) or distributor(s) and not of Smartopia. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content.
It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Website or through our mobile applications. You are responsible for ensuring that Content submitted to this Website or through our mobile applications is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. To learn more about copyright and fair use, please click here. You therefore agree that any User Content that you post to our Website or through our mobile applications does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website or through our mobile applications.
Right to Remove Content
We reserve the right, but are not obligated, to edit or remove User Content submitted to our Website or through our mobile applications for any reason, including User Content that we believe, in our sole discretion, violates these Terms of Service and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted by you to this Website or through our mobile applications. Without limiting the foregoing, we have the right to remove any material that Smartopia, in its sole discretion, finds to be in violation of these Terms of Service or otherwise objectionable, and you are solely responsible for the Content that you post to this Website or through our mobile applications.
By accessing our Website or our service through our mobile applications, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person, to use our service to:
Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Smartopia in its sole discretion.
Use a name or language that Smartopia, in its sole discretion, deems offensive.
Post defamatory statements.
Post hateful or racially or ethnically objectionable Content.
Post Content which infringes another’s copyright, trademark or trade secret, or which infringes another’s privacy rights or other intellectual property rights.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten or intentionally embarrass or cause distress to another person or entity.
Impersonate another person.
Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
Exploit children under 18 years of age.
Engage in disruptive activity, such as sending multiple messages in an effort to monopolize the forum.
Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
Obtain unauthorized access to any computer system through the Website.
Invade the privacy of any person, including, but not limited to, posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
Solicit personal information from children under 13 years of age.
Violate any federal, state, local, or international law or regulation, as enacted, modified or updated from time to time.
Transmit any instructions in crime or drug use.
Encourage conduct that would constitute a criminal or civil offense.
You will retain all ownership rights to any Content you submit or make publicly available for inclusion in the Smartopia service (“User Submitted Content”), and we are not obtaining ownership rights to any of your User Submitted Content. We do, however, need you to grant us certain rights in the User Submitted Content, so that we can incorporate such User Submitted Content in our services. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of your User Submitted Content on our Website or through our mobile applications. The rights that we need from you include the right to reformat and add links to your User Submitted Content so that we can present it in a user friendly format, and such reformatted or enhanced material is considered a “derivative work” under the copyright laws.
User Submitted Content will be designated as “Private” (“Private User Submitted Content”) or “Public” (“Public User Submitted Content”), and you have the right to change such designation or remove the User Submitted Content from our Website at any time. Unless you elect to enable others to view or have access to the Private User Submitted Content you submit to our Website or through our mobile applications, no one else should see your Private User Submitted Content without your consent. By submitting Public User Submitted Content, you are enabling each of the permitted users of the Smartopia service access to use, display, perform, distribute and modify your User Submitted Content. In order to enable us to store and backup any User Submitted Content submitted to us through the Website or through our mobile applications and to display such User Submitted Content on our Website or through our mobile applications (subject to the limitations on access by third parties set forth in this paragraph with respect to Private User Submitted Content), you grant us a world-wide, royalty-free, non-exclusive license to use and reproduce such User Submitted Content, and to create derivative works from such User Submitted Content to enable us to reformat and enhance the presentation of such User Submitted Content. In addition, in order to enable us to publicly display the Public User Submitted Content on our Website, you also grant us a world-wide, royalty-free, non-exclusive license to distribute and publicly display on our Website or through our mobile applications the Public User Submitted Content submitted to us through the Website or our mobile applications. The license to reproduce and create derivative works from, such User Submitted Content shall remain in effect until you remove or we delete the User Submitted Content from our systems. The license to distribute and publicly display the Public User Submitted Content shall remain in effect until you change the designation of such Public User Submitted Content to Private User Submitted Content or until you remove or we delete the User Submitted Content from our systems.
Unless otherwise noted, all Content (other than User Submitted Content) contained on this Website or our mobile applications is the property of Smartopia and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Protecting Copyrights and Other Intellectual Property
Smartopia respects the intellectual property of others, and we ask our users to do the same. Smartopia complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright or other intellectual property infringement that comply with the DMCA and other applicable laws. In addition, you agree that, in the event Smartopia receives a written demand alleging that any User Submitted Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, Smartopia may in its sole discretion, remove or disable access to such User Submitted Content.
If you believe that any materials on this Website infringe your copyright or other intellectual property right, please provide us with the following information: (1) a physical or electronic signature of the intellectual property owner or a person authorized to act on their behalf; (2) identification of the protected work and intellectual property right (ie, copyright or trademark) that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (3) identification of the material that you believe to be infringing and its location, including a description of the material, its website location or other pertinent information that will help us to locate the material; (4) your contact information, including your address, telephone number, and an email address; (5) a statement by you that you have a good faith belief that the complained use of the materials is not authorized by the intellectual property owner, its agent, or the law; and (6) a statement by you, made under “penalty of perjury,” that the above information in your notice is accurate and that you are the lawful intellectual property owner or intellectual property owner or are authorized to act on the owner’s behalf.
Note: If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) either by notating this in your written notice or by checking the appropriate box in the DMCA Complaint Form below. Please contact Smartopia’s Copyright Agent (contact information below) for Notice of Claims of intellectual property infringement.
To expedite our ability to process your request, such written notice may also be sent to our designated agent via our online DMCA complaint form. DMCA Complaint Form
If you prefer to contact us via postal mail or email, you may contact the Smartopia Copyright Agent here:
Attn: Galatek Limited
Unit 903-905, 9/F., Kowloon Centre., 33 Ashley Road, TsimShaTsui, Kowloon, Hong Kong
Phone: (852) 3586 8958
In an effort to protect the rights of intellectual property owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website or our mobile applications who are repeat infringers.
If you believe that your User Submitted Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submitted Content, you may send a counter-notice containing the following information to Smartopia’s Copyright Agent : (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If a counter-notice is received by Smartopia’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten to fourteen business days or more after receipt of the counter-notice, at Smartopia’s sole discretion.
When you register to participate in our services offered on this Website or through our mobile applications, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.
DISCLAIMER OF WARRANTY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE OR PROVIDED THROUGH OUR MOBILE APPLICATIONS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THIS WEBSITE OR ONE OF OUR MOBILE APPLICATIONS. YOU ARE RESPONSIBLE FOR SEEKING THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE OR PROVIDED THROUGH OUR MOBILE APPLICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Smartopia DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THIS WEBSITE OR PROVIDED THROUGH OUR MOBILE APPLICATIONS IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE OR THROUGH OUR MOBILE APPLICATIONS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Smartopia BE LIABLE TO ANY USER OF THIS WEBSITE OR OF OUR MOBILE APPLICATIONS OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),OR OTHERWISE, EVEN IF Smartopia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
By using this Website or our mobile applications, you agree to indemnify, hold harmless and defend Smartopia, its affiliates, officers, directors, employees and agents, from any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your use of this Website or our mobile applications, (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claim that your User Submitted Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of this Website.
Links to Third-Party Websites
This Website or our mobile applications may contain links to non-Smartopia websites that are provided to you as a convenience. Any outside website accessed from our Website or our mobile applications is independent from Smartopia, and we have no control over the content of such websites. We are not responsible for the content of any linked website or for any loss or damage incurred in connection with your use of such links or dealings with the operators of such non-Smartopia websites.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Smartopia of that third party or of any product or service provided by a third party. Likewise, a link to any non-Smartopia website does not imply that we endorse or accept any responsibility for the content or use of such a website.
We make no representation that information on this Website or through our mobile applications is appropriate or available for use outside the United States. Those who choose to access this Website or use our mobile applications from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s access to our services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or our mobile applications.
These Terms of Service shall be governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Access to our Website or our mobile applications from any territory where the content is illegal is prohibited. You may not use or export any portions of our Website or our mobile applications, including any Content, in violation of U.S. export laws and regulations.
Please read this carefully. It affects your rights. By using this Website or our mobile applications, you agree that all disputes arising out of or relating to these Terms of Service shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury. You and Smartopia agree that YOU AND Smartopia 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. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Any failure by Smartopia to enforce strict performance of any of these Terms of Service will not be construed as a waiver of any right or remedy of Smartopia in respect of any existing or subsequent breach of these Terms of Service.
These Terms of Service constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, modify or update these Terms of Service from time to time by updating this posting and by placing a notice on our Website advising that the Terms of Service have changed. When we change the Terms of Service in a material manner, we will update the ‘last modified’ date at the top of this page. You will be deemed to have accepted and agreed to the revised Terms of Service if you continue to use this Website after notice of the revised Terms of Service has been placed on the Website. If revisions to the Terms of Service are unacceptable to you or cause you to no longer be in compliance with the Terms of Service, you must cease using this Website.
You must not assign, transfer or otherwise deal with all or part of your rights or obligations under the Terms of Service without Smartopia’s written consent.
For Additional Information
If you have any questions about these Terms of Service, please contact firstname.lastname@example.org
© 2017 Galatek Limited. All Rights Reserved.
Smartopia is not affiliated with Francesco Cirillo. Pomodoro Technique® and Pomodoro® are registered trademarks of Francesco Cirillo.
All logos and marks contained herein are the property of their respective owners.