Terms and Conditions

By downloading, installing, or using the SmartKPI mobile application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the App.

SmartKPI is a key performance indicator management and analytics platform designed to help organizations track, measure, and optimize their business metrics. These Terms govern your use of the App available through Google Play Store and Apple App Store.

2.1 Account Registration

To access certain features of the App, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.3 Account Eligibility

• You must be at least 18 years old or have parental consent
• You must have the legal capacity to enter into a binding agreement
• You must not be prohibited from using the App under applicable laws

SmartKPI collects and processes data in accordance with our Privacy Policy. By using the App, you consent to the collection and use of your information as outlined in the Privacy Policy.

3.1 Data We Collect

• Account information (name, email, organization)
• KPI data and business metrics you input
• Usage analytics and performance data
• Device information for app optimization

3.2 Data Security

We implement industry-standard security measures including encryption, secure servers, and regular security audits to protect your data. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

3.3 Data Retention

We retain your data for as long as your account is active or as needed to provide services. Upon account deletion, your data will be permanently removed within 30 days, subject to legal retention requirements.

Subject to your compliance with these Terms, SmartKPI grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for personal or internal business purposes.

4.1 Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, or sublicense the App to third parties
• Use the App for any unlawful purpose

You agree to use SmartKPI responsibly and in compliance with all applicable laws and regulations. The following activities are strictly prohibited:

SmartKPI and its original content, features, and functionality are owned by SmartKPI Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.1 Our Intellectual Property

The SmartKPI name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SmartKPI Inc. You may not use such marks without our prior written permission.

6.2 Your Content

You retain ownership of any KPI data, metrics, and other content you submit to the App. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and display such content solely for providing the App's functionality.

SmartKPI offers both free and premium subscription plans. Premium features require a paid subscription processed through Google Play Store or Apple App Store.

7.1 Billing

Subscriptions are billed on a recurring basis (monthly or annually) through your respective app store account. Prices may vary by region and are displayed at the time of purchase.

7.2 Cancellation and Refunds

• You may cancel your subscription at any time through your app store account settings
• Upon cancellation, premium features remain accessible until the end of your billing period
• Refunds are handled according to Google Play and Apple App Store policies
• No prorated refunds are provided for partial subscription periods

7.3 Price Changes

We may change subscription prices with at least 30 days notice. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

8.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTKPI INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE CAUSE OF ACTION.

8.3 Maximum Liability

Our total liability for any claims arising from your use of the App shall not exceed the amount you paid for the App in the twelve (12) months preceding the claim, or $100 if you have not made any purchases.

9.1 Termination by You

You may stop using the App at any time. You may delete your account through the App settings or by contacting our support team. Upon account deletion, your data will be removed as described in Section 3.

9.2 Termination by Us

We may suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms, fraudulent activity, or prolonged inactivity.

9.3 Effect of Termination

Upon termination, your right to use the App will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration administered by the American Arbitration Association. The arbitration shall take place in Delaware, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

You agree not to participate in class actions, class arbitrations, or representative actions against SmartKPI Inc. You may only resolve disputes with us on an individual basis.

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you through the App, by email, or through other reasonable means before the changes take effect.

The "Last Updated" date at the top of this page indicates when these Terms were last revised. We encourage you to review these Terms periodically.

If you have any questions about these Terms and Conditions, please contact us through any of the following channels: