Agreements
Smoothcomp AB (org. no 559098-7300)
Terms of Service
1. BACKGROUND
1.1 Smoothcomp AB (org. no: 559098-7300) (“Smoothcomp”, “we”, “our” or “us”) is the provider of a community online platform for combat sports, together with other related functionalities as made available on our website or through other applications, for athletes, coaches, academies, federations and competition and event organisers (the “Platform”).
1.2 Smoothcomp welcomes you to our Platform. These terms of service (“Terms”) apply when you create a user account and access or use the Platform regardless of the capacity in which you use the Platform (e.g., as an athlete, coach, academy or federation representative, competition or event organiser or in any other capacity).
1.3 Unless otherwise expressly stated, these Terms apply to all services and offerings made available by Smoothcomp through the Platform. Certain services may, however, be subject to additional or service-specific terms and conditions, as set out in the schedule(s) to these Terms or as made available to you when accessing the relevant service.
1.4 We encourage you to read these Terms carefully before engaging with the Platform. By using the Platform, you acknowledge and agree that you have read, understood, and agreed to comply with these Terms. If you do not accept these Terms or in any respect violate these Terms, you may not use the Platform.
1.5 Thank you for contributing to a safe and positive community on the Platform.
2. ACCESS TO THE PLATFORM THROUGH A SMOOTHCOMP ACCOUNT
2.1 You may reach the Platform online through www.smoothcomp.com or through our mobile applications which may be downloaded from mobile app stores (as available from time to time) such as Google Play and Apple App Store.
2.2 In order to gain full access to the Platform, you need to create a user account, the “Smoothcomp account”. Creating and using a Smoothcomp account and accessing the Platform are free of charge. However, payment may be required to access certain services available through the Platform and the Smoothcomp account, including for premium features as described in Section 3.
2.3 To create and use a Smoothcomp account, you must have the necessary equipment, software and internet connection, which may require updates from time to time. You are responsible for any internet access, data usage and other charges incurred in connection with your use of the Smoothcomp account.
2.4 You are responsible for ensuring that all information you provide when creating and using your Smoothcomp account is complete, accurate and kept up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your Smoothcomp account. Any misuse, including sharing access with others or engaging in unauthorised resale of services made available through the Platform may result in immediate termination.
2.5 You can access your Smoothcomp account and manage your account details at any time by logging in via the following page: https://smoothcomp.com/en/auth/login.
2.6 You may terminate your Smoothcomp account at any time. You may also contact us for assistance (see the contact details in Section 15). Please note that terminating your Smoothcomp account will limit or prevent your access to certain services available through the Platform.
2.7 If you are under the age of 13 you can ask your parent or guardian if you have any questions related to the use of the Platform or the creation of the Smoothcomp account. As needed, we may undertake measures in order to verify your age.
3. PREMIUM FEATURES
3.1 The Platform is provided free of charge unless you upgrade to the pro version (the “Pro Version”). The Pro Version offers premium features, which grant users access to additional functionalities not available in the free version. These features are designed to enhance the user experience but may change over time. Such features may include, but are not limited to:
notifications for important updates on events, athletes and more;
a live countdown of your upcoming matches on your lock screen; and
an activity feed with athletes you follow.
3.2 Smoothcomp may from time to time modify, add or remove features of the Pro Version where necessary to improve the user experience or reflect changes to the Platform.
3.3 Currently, the Pro Version is provided through a one-time in-app purchase that grants the users access to the Pro Version for as long as the current Pro Version remains available, unless otherwise specified or altered. While we aim to provide indefinite access to the Pro Version, this offer is contingent upon the continued availability and development of the Platform. Accordingly, the current Pro Version may at some time be discontinued and replaced by a new version offered under a different pricing model, including a subscription-based model.
3.4 Changes to the content or functionality of the Pro Version will be made at no additional cost and notified in advance. If a change has more than an insignificant negative effect on your access to or use of the Pro Version, you may terminate your access to the Pro Version within 30 days of the notification or the change taking effect, whichever occurs later.
4. ACCEPTABLE USE
4.1 Your use of the Platform must take place in a manner that is consistent with these Terms. You are for example solely responsible for ensuring that your use of the Platform does not cause damage or other inconvenience to Smoothcomp, third parties and any other users, or is contrary to the law or to authority regulations or decisions.
4.2 You may not engage in any of the following activities:
Illegal Activities and Content: Illegal activities, the encouragement of illegal activities, or the creation, distribution or sharing of illegal content, including content that infringes intellectual property rights.
Excessive Risk: Activities that pose excessive risk, whether financial, reputational or otherwise, as deemed by Smoothcomp.
Security: Any activity that compromises or disrupts the security of the Platform or the accounts, data or systems accessible through it. This includes attempts to gain unauthorised access, as well as uploading or distributing malware, viruses, worms or other malicious software. It further includes deceptive, misleading or fraudulent activities, scams, pyramid schemes, phishing or attempts to induce any person to disclose sensitive information, such as usernames, passwords or financial details.
Platform Integrity and Abuse of Resources: Any activity that compromises the integrity or disrupts the availability or performance of the Platform, including initiating or participating in distributed denial of service (DDoS) attacks, or excessively consuming platform resources, such as bandwidth, storage or processing power.
Harassment and Harmful Content: Abusive, threatening, offensive or discriminatory conduct, or the creation, uploading or sharing of content that promotes hatred, harassment or violence against any person or group.
Impersonation: The impersonation of another individual or entity, or the misrepresentation of affiliations on the Platform.
Spam and Unsolicited Communications: The sending of unsolicited messages, advertisements, or spam through the Platform.
5. USER RESPONSIBILITIES
5.1 You acknowledge and agree that information attributable to you or your Smoothcomp account may become available to other users of the Platform, as chosen by you through functionality in the Platform. Use of the Platform shall at all times be performed with due care and consideration of other users and their integrity.
5.2 You acknowledge that, for example, coaches, other athletes, academies, competition or event organisers and federations that you engage with through the functionalities made available through the Platform may interact with you. This includes, for example, referring to competitions and matches you have participated in or inviting you to participate in events.
5.3 You are responsible for ensuring that the information submitted and used by you in connection with your access to the Platform is correct.
5.4 If you are a coach, academy representative or use available functionalities that allow you to perform actions on behalf of other users, you are responsible for ensuring that your use of the Platform is performed with appropriate involvement, knowledge and approval by the concerned users (as needed).
5.5 You acknowledge and agree that the purpose of creating and operating a club in the Platform is to facilitate management of clubs, academies and other organised sports organisations or businesses. Accordingly, you as a coach, admin, or other formal representative of such association (i) need to be 18 years or older, and (ii) are aware that you are responsible for any actions performed on the Platform on behalf of your association. To this end, Smoothcomp reserves the right to request that you as a representative provide documentation supporting that the created club represents a registered sports association.
6. THIRD-PARTY FEATURES AND SERVICES, INCLUDING COMPETITIONS
6.1 As part of the Platform, you may access features and services offered by our partners, group affiliates and other third parties that we cooperate with. These may also include competition and event organisers, academies and federations, and other entities that choose to engage with our users through the Platform, or make their services available through your Smoothcomp account. In some cases, you may also be offered the opportunity to link your Smoothcomp account with accounts you have on third-party services.
6.2 You acknowledge and agree that separate terms and conditions may apply when you choose to use or engage in such third-party features, services, competitions or events, and that Smoothcomp is not liable for your use or engagement therewith. This is for example, where you participate in a competition managed by the organiser through the Platform, specific terms on eligibility, payments and refunds, etc., in relation to the competition may apply, as determined by the organiser.
7. PRICES AND PAYMENTS
7.1 Current paid offerings, purchase models and prices are presented on the Platform. Prices include applicable VAT or other sales tax, unless otherwise stated.
7.2 Payments to Smoothcomp, e.g. in relation to the Pro Version, will be processed by the integrated mobile app provider (as may be available from time to time), such as Google Play or Apple App Store, from which you originally downloaded the application. Please note that specific terms and conditions may apply to your use of such payment solution, as the payment is handled by and made towards the relevant app marketplace. You may access the applicable “in-app” purchase rules and policies directly from the applicable app store(s).
8. COMPLAINTS AND RIGHT OF WITHDRAWAL
8.1 If you are a consumer and consider a service or digital content provided through the Platform to be defective, you may submit a complaint using the contact details in Section 15.
8.2 If you are a consumer, you may have the right to withdraw from a purchase or from your registration for a Smoothcomp account within 14 days from the date of purchase. Please note that when you make an in-app purchase, payment is made to the relevant app store as described in Section 7.2. The app store’s applicable terms and policies apply to withdrawal, cancellation and refunds. Please refer to those terms and policies for information on your rights and how to submit a request.
8.3 If you want to withdraw from your registration for a Smoothcomp account, you may terminate your Smoothcomp account at any time in your account profile. Since the Smoothcomp account is provided free of charge, there is no payment to reimburse in respect of the account if you choose to terminate the account.
8.4 Nothing in these Terms limits any mandatory consumer rights available to you under applicable law.
9. COMMUNICATION AND MARKETING
9.1 The Platform includes functionality to provide you with notifications, geobased content, and other features, that are subject to your approval. If you do not want to use such features you can adjust the settings on your device.
9.2 Smoothcomp may also send you newsletters, offers, event suggestions, surveys and other marketing and communication for features, services and products similar to those you receive in connection with the Platform using the contact details you have provided. You have the option to at any time request to no longer receive such information by unsubscribing in accordance with the instructions provided in each communication.
10. PROCESSING OF YOUR PERSONAL DATA AND SECURITY
10.1 When you use your Smoothcomp account or the Platform, Smoothcomp processes personal data about you, such as your name, contact details and account information, as a data controller. We process your personal data to provide your Smoothcomp account and the Platform and to give you access to the products and services you choose to use. For more details on how Smoothcomp processes your personal data in connection with your use of the Platform, please refer to our Privacy Notice available https://smoothcomp.com/en/privacypolicy.
10.2 If you use your Smoothcomp account to access products or services provided by a third party, such as a competition or event organiser, academy or federation, or if you choose to link your Smoothcomp account with a third-party account, we may share relevant contact and account information with that third party to enable it to provide the relevant product or service. Smoothcomp is not responsible for the third party’s independent processing of your personal data. Please refer to the relevant third party’s privacy notice for information about such processing.
11. LIABILITY
11.1 Smoothcomp strives to ensure that the Platform is accessible at all times without disruptions, and that errors and bugs are remedied without unnecessary delay.
11.2 However, temporary interruptions in access to the Platform or functionalities within the Platform may occur in connection with maintenance, updates or other technical issues. In such case, we will provide our best efforts to restore the availability of the Platform, or otherwise remedy any defaults. Smoothcomp therefore cannot guarantee that the Platform or all its functionalities will be available without interruption at all times and as a user of the Platform, you are aware that the Platform may from time to time be unavailable for example due to planned or unplanned downtime for maintenance and updates.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 Under these Terms, you as a user are granted a personal, non-exclusive, non-transferable, non-sublicensable and limited right to use the Platform and access the content made available in the Platform only in the manner in which such information is presented to you.
12.2 Smoothcomp, our group affiliates, partners, third parties and/or sub-contractors own all intellectual property rights to the contents made available in the Platform, including its underlying technology (as relevant). Nothing in these Terms shall be construed, or understood, as Smoothcomp, our group affiliates, partners, third parties and/or sub-contractors granting any such intellectual property rights to you as a user, other than necessary for using the Platform in accordance with these Terms.
12.3 As between you and Smoothcomp, you retain ownership of all content submitted to the Platform by you, such as pictures, videos, and other content. You grant Smoothcomp and other users the right to use and access and otherwise process such content as needed to provide and utilise the functionalities made available in the Platform, or as otherwise set out in these Terms.
13. ENFORCEMENT AND TERMINATION
13.1 Smoothcomp has the right, at its sole discretion, to temporarily or permanently suspend or limit your access to and use of the Platform and the Smoothcomp account (i) in the event of a suspected or actual security incident or technical problem or (ii) if you violate these Terms, laws, regulations, or if you otherwise abuse the Platform. In case of such termination due to violations of these Terms you are not entitled to a refund of any amount paid for the Pro Version.
13.2 Smoothcomp also reserves the right to take legal proceedings if necessary in connection with a breach of these Terms, for example in relation to infringement of intellectual property rights.
13.3 If you become aware of any user engaging in activities that violate these Terms, please report it to us through the contact details below (see Section 15). We take these matters seriously and will investigate promptly.
14. UPDATES
We may update these Terms from time to time to reflect changes in the Platform or legal requirements. Users will be notified of any significant changes within a reasonable period before any such changes take effect. If you do not agree to a significant change, you may terminate your Smoothcomp account and cease using the Platform before the change takes effect. Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the updated Terms.
15. CONTACT
If you have any questions or concerns regarding your Smoothcomp account or the Platform, please contact us:
Email: support@smoothcomp.com.
Support channel: Support & Contact - Smoothcomp
Address: Strandvägen 54, 444 31 Stenungsund, Sweden.
16. APPLICABLE LAW AND DISPUTE RESOLUTION
16.1 Swedish law applies to these Terms. Disputes arising from these Terms must be settled by a general court.
16.2 You may also refer any dispute arising from these Terms to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden), www.arn.se.
These Terms were last updated on October 5th 2026.
SPECIAL TERMS FOR SMOOTH RECORDER
1. ABOUT SMOOTH RECORDER
1.1 Smooth Recorder is a free mobile application provided by Smoothcomp that users may use to record and livestream matches and competitions using an iPhone, iPad or Android device (the “Smooth Recorder Service”).
1.2 When a recording or stream is initiated, Smoothcomp will make certain overlay data from the Platform (whether by the relevant competition organiser or coach, including the digital scoreboard and “Tale of the Tape” information relating to participating athletes) available to the Smooth Recorder Service for embedding in the recording or stream, if the user of the Smooth Recorder Service chooses to include such.
1.3 Other available features may also include local recording on the device and settings for video and audio quality, zoom, exposure, audio levels and external microphones. These features and supported devices and services may change from time to time.
1.4 As a user of the Smooth Recorder Service, you may choose to publish the streamed content through your account with a third-party streaming service, e.g. YouTube, Facebook or other supported third-party services. Any publication of content recorded through the Smooth Recorder Service on a third-party service is subject to that third party’s separate terms and conditions. Please note that Smoothcomp does not store or process your uploaded video on the Platform.
2. ACCESS TO AND USE OF THE SMOOTH RECORDER SERVICE
2.1 The Smooth Recorder Service can be accessed by downloading the app “Smooth Recorder” from mobile app stores (as available from time to time) such as Google Play and Apple App Store.
2.2 To access the Smooth Recorder Service, you must register for a Smoothcomp account or log in with your existing Smoothcomp account.
3. USER RESPONSIBILITIES
3.1 You acknowledge that you are responsible for the correct use of overlay data and that Smoothcomp has no means or possibility to remove overlay data from a recording or livestream.
3.2 If you initiate a recording or livestream, you are responsible for ensuring that it is permitted and carried out in accordance with applicable law, including data protection laws. You are also responsible for any personal data that you choose to include in the recording or livestream.
Software as a Service (SaaS)
SOFTWARE SUBSCRIPTION SERVICE
Quick overview:
Smoothcomp is hosted in the cloud as a Software as a service (SaaS).
System related support (bugs etc) is free of charge
User related support can be found in our Knowledge Base or Facebook Community Page
Linking to external registration systems or exporting registrations to another platform to run the event outside of Smoothcomp is prohibited.
This Software Subscription Service (SaaS) Agreement (the “Agreement”) sets forth the obligations and conditions between you (“Client”) and Smoothcomp AB, a Swedish company (“Provider”), relating to your use of the Service defined herein. Please read this Agreement carefully. Your use of the Services is expressly conditioned on your acceptance of this Agreement.
BY CLICKING THE “ACCEPT” BUTTON, AND/OR BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, DO NOT USE THE SERVICES AND EXIT IMMEDIATELY BY CLICKING THE “DECLINE” BUTTON.
RECITALS
A. Provider is the owner of certain proprietary computer software known as Smoothcomp that is used to organize events.
B. Provider provides and sells access for organizers to access and use the Software via Smoothcomp.com or any website notified to the subscribers from time to time (the “Services”).
C. Client desires to use the Services for Client’s internal business purposes, including specifically use by Client’s customers and/or potential customers (“Authorized Users”) to register and participate in the Clients events.
D. Provider is willing to provide access to the Services for Client’s internal business use pursuant to the terms and conditions set forth herein.
E. Provider and Client acknowledge and agree that this Agreement shall be effective and in force immediately upon the date that Client clicks the “I Agree” icon below (the “Effective Date”)
NOW THEREFORE, in consideration for the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:
1. SOFTWARE SUBSCRIPTION
a. Provider grants to Client and Client accepts from Provider, a limited, non-exclusive, non-transferable right to access and use and permit Authorized Users to access and use the Services solely for Client’s business use. The Services shall not be used by Client or by Authorized Users for, or on behalf of, third parties that are not authorized under this Agreement. Client shall use its best efforts to ensure that the Authorized Users use the Services in accordance with the terms and conditions of this Agreement. Client acknowledges that its right to use the Services will be web-based only.
b. The use of the Services by Client or any Authorized User pursuant to this Agreement shall be subject to any end user agreement, terms of use, and/or privacy policy applicable to Smoothcomp AB or any other applicable website used to access the Services.
2. INTELLECTUAL PROPERTY RIGHTS.
a. Client acknowledges that all right, title, and interest in and to the Services and the Software, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials (collectively, the “Provider IP”), is, and at all times shall remain, the sole and exclusive property of Provider. The Provider IP contains trade secrets and proprietary information owned by Provider and is protected by Swedish copyright laws (and other laws relating to intellectual property). Except the right to use the Services, as expressly provided herein, this Agreement does not grant to Client any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Services or the Software.
Event managers have access to all event registration data, federation managers have access to all federation membership data. All user account data belongs to Smoothcomp.
b. Smoothcomp is constantly developed with new features according to our internal roadmap but sometimes we also develop features according to requests and ideas from our customers if we see that it will build value to our platform. Any code developed by Smoothcomp developers, may it be for a custom feature or a feature distributed to the whole platform is the property of Smoothcomp. Smoothcomp are the sole and exclusive owner of all rights in the Software, and any modifications to the Software, including all intellectual property rights associated therewith (including without limitation any inventions, creations and improvements whether or not patentable or copyrightable, conceived or made in connection with the performance of obligations hereunder), made or provided by Smoothcomp pursuant to this Agreement, whether alone or with any contribution from other customers or its personnel, shall be owned exclusively by Smoothcomp. To the extent Smoothcomp may acquire any right or interest therein by operation of law, Smoothcomp irrevocably assigns all such right and interest exclusively to Smoothcomp. Smoothcomp shall maintain and enforce agreements and policies with its personnel sufficient to give effect to the provisions of this provision.
c. Client shall not attempt, or directly or indirectly allow any Authorized User or other third party to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Services and/or Software in any form or media or by any means.
d. The provisions of this paragraph 2 shall survive termination of this Agreement.
e. If the Clients event is on Smoothcomp the registration and the event shall remain on Smoothcomp. Client is not allowed to use Smoothcomp only for marketing by linking to external registration systems or to export registrations into another tournament platform. The Provider monitors this and any attempts to circumvent our terms can result in the termination of the organizer account.
3. CREDITS OR MONTHLY CHARGES TO USE THE SERVICE
a. Client shall pay to Provider the credits or the monthly charges (the “Subscription Fee”) in the specified amount and for the number of athletes that Client wishes to approve in the event or to use the Federation/Company platform.
b. The Subscription Fee for the first Subscription Period of the term of this Agreement shall be paid on the Effective Date. The Subscription Fee for all subsequent Subscription Periods of the term of this Agreement shall be paid to Provider on the first day of each subsequent Subscription Period, pursuant to subsection d, below.
c. The amount of the Subscription Fee does not include any applicable taxes. Client is responsible for any and all applicable taxes.
d. Client shall provide a valid credit card authorized for automatic bill paying, or other acceptable method of payment to Provider and shall take all necessary steps to authorize automatic payment (auto refill) of the Subscription Fee. By agreeing to this Agreement, Client hereby authorizes Provider to automatically charge said method of payment for all Subscription Periods during the term of this Agreement.
e. Any additional payment terms between Provider and Client shall be agreed to in writing and set forth in an invoice, billing agreement, or other written document.
f. 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 provide you with advance notice of changes in recurring subscription fees. 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. See “Cancellation” below for information on how to cancel a Paid Service subscription.
g. You may elect to cancel a Paid Service at any time. Any cancellation of a Paid Service will be effective as of the end of the then-current billing period. If you wish to upgrade your existing Paid Service subscription to a more expensive level of Paid Service Smoothcomp will permit you to cancel your existing Paid Service subscription prior to the end of the subscription term. In that event, Smoothcomp will apply the pro-rated balance of your pre-paid subscription fees towards the initial subscription fee for the new Paid Service, provided that no refund will be provided for any amounts in excess of the initial subscription fee for the upgraded Paid Service.
If you desire to cancel your subscription for the Smoothcomp Federation/Company platform service as of the end of the current billing period, you may do so by logging into your account through the Smoothcomp website, accessing your “Federation Admin” and then go to the Billing section and choose “Cancel Subscription.”
We may cancel any Paid Service subscription you have purchased if you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner. A failure to pay occurs in any situation where Smoothcomp has not received timely payment, including where any credit card issuer or payer bank refuses to transmit the funds that are then due, or the reseller or payment processor you have contracted with notifies us of your failure to pay. We may, in our discretion, elect not to cancel a Paid Service subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription. In addition, if you fail to pay for a Paid Service, we may elect to suspend your rights to use that Paid Service or we may change the type of privileges you have (e.g., changing from Smoothcomp Premium to Smoothcomp Basic). We will endeavor to provide you notice promptly after any failure to make a payment to us in full and on time, but we are not obligated to do so.
4. ACCESSIBILITY/PERFORMANCE
Provider shall use commercially reasonable efforts to make the Services available on a 24x7 basis (twenty-four hours per day, seven days per week) during the Term, except for: (i) scheduled system back-up or other on-going maintenance as required and scheduled in advance by Provider, or for any unforeseen cause beyond Provider's reasonable control, including but not limited to internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majeure events set forth in this Agreement. Provider will monitor performance indicators on the systems and network infrastructure (its own and that of third party suppliers) in order to gauge the overall performance of its hosting services, and will take reasonable steps to address systems and network infrastructure as required to maintain satisfactory performance of the Software. Provider further reserves the right to monitor and reasonably restrict Client’s ability to use the Services if Client is using excessive computing resources which are impacting the performance of the Services for other subscribers. Provider agrees to notify Client in cases where it restricts such use and use good faith efforts to determine an appropriate alternative or workaround solution.
5. MAINTENANCE AND SUPPORT
Provider shall maintain the Software and/or Services and provide all patches and fixes to the Software and/or Services at no additional cost. Provided, however, said maintenance shall not include any major releases of new versions of the Software, additional functionality, or custom programming, which Provider, at its discretion, may provide at an additional cost as otherwise agreed between the parties. Smoothcomp distinguish support in two general terms, system related and user related. System related support means all support regarding technical errors and “bugs”, user related support means questions about how our Services work. System related support shall be reported to our support desk by emailing support@smoothcomp.com. We will address this as soon as possible and if we determine the support to be system related we will help without cost. If we determine the questions to be user related we will direct you to our knowledge base where articles and video tutorials can help you understand our features. We also have a Facebook community with other Clients that can help. If you still require our support we can help you and will inform you of our cost to solve your matter. For more detailed information regarding our support costs, see our SLA (Service Level Agreement) in the next step or on www.smoothcomp.com/support.
6. TERM
The Term of this Agreement shall commence on the Effective Date and shall continue until terminated as provided herein. The Agreement will automatically renew for each time you use our services to set up and run your events on the platform. Upon termination of this Agreement for any reason, all rights and subscriptions granted to Client shall immediately terminate, and the Client shall cease using the Services and shall prohibit Authorized Users from using the Services. We offer no refunds of already purchased credits or subscription periods.
7. DEFAULT
Client shall be in default of this Agreement if Client fails to make any payment when due and fails to cure said default within five (5) days after receipt of written notice thereof from Provider. In addition to the monetary breach described in the previous sentence, either party will be in default of this Agreement if the party is in material breach of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice thereof from the non-breaching party. If a party is in default, the nonbreaching party may terminate this Agreement or seek any other remedies available at law or in equity, except as otherwise provided in this Agreement. In the event Client breaches or attempts to breach any of the provisions of this Agreement, Provider shall have the right, in addition to such other remedies that may be available, to injunctive relief enjoining such breach or attempt to breach, Client hereby acknowledging the inadequacy of any remedy at law.
8. CONFIDENTIALITY.
a. In addition to, and in no way limiting the requirements relating to the Provider Intellectual Property as set forth in Section 2 of this Agreement, Client shall use its reasonable efforts (but in no case less than the efforts used to protects its own proprietary information of a similar nature) to protect all proprietary, confidential, and/or non-public information pertaining to or in any way connected to the Software, the Services, the Provider's financial, 5 professional and/or other business affairs, and this Agreement (the "Confidential Information").
b. Client shall not disclose or publicize the Confidential Information without the Provider’s prior written consent.
c. Client shall use their reasonable efforts (but in no case less than the efforts used to protects its own proprietary information of a similar nature) not to disclose and not to use the Confidential Information for their own benefit or for the benefit of any other person, third-party, firm or corporation in a manner inconsistent with the purpose of this Agreement.
d. The terms of confidentiality and non-disclosure contained herein shall expire five (5) years from the date of the termination of this Agreement.
e. The restrictions on disclosure shall not apply to information which was: (i) generally available to the public at the time of disclosure, or later available to the public other than through fault of the Client; (ii) already known to the Client prior to disclosure pursuant to this Agreement; (iii) obtained at any time lawfully from a third-party under circumstances permitting its use or disclosure to others; or (iv) required by law or court order to be disclosed.
9. LIMITED WARRANTY
Provider warrants that it has the power and authority to grant the subscription for the Services granted to Client hereunder.
EXCEPT FOR THE WARRANTY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND PROVIDER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Remedy and Liability. Client represents that it accepts sole and complete responsibility for:
(a) the selection of the Services to achieve Client's intended results; (b) use of the Services; (c) the results obtained from Services; and (d) the terms of any contracts between Client and Authorized Users. Provider does not warrant that the Client’s use of the Services will be uninterrupted or error-free. Client shall not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and Client shall defend Provider from any demand or claim, and indemnify and hold Provider harmless from any and all losses, costs, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from Client’s use of the Services, an Authorized User’s use of the Services, and/or any agreement between the Client and an Authorized User based on or in any way related to the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In any event, under no circumstances shall Provider be liable for any loss, costs, expenses, or damages to Client in an amount exceeding the Subscription Fee actually paid to Provider by Client for the previous twelve (12) months.
10. MISCELLANEOUS
a. Notice and Demands. Notice, demand, or other communication mandated to be given by this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by registered or certified mail, postage prepaid, return receipt requested or delivered personally. Unless Provider is otherwise notified in writing, the Client’s address for notice purposes shall be Client’s address provided as part of Client’s billing information.
b. Governing Law; Forum Selection. This Agreement shall be governed exclusively by the laws of Sweden, without regard to its conflicts of laws principles. Any action under or concerning this Agreement shall be brought exclusively in the Court of Gothenburg, Sweden. The parties irrevocably agree and consent that said forum is convenient and has jurisdiction to hear and decide any such action.
c. Compliance with Laws. Client shall use the Services in accordance with any and all applicable local, state, and federal laws.
d. Headings. The paragraph headings in this Agreement are for convenience only and they form no part of the Agreement and shall not affect the interpretation thereof.
e. Severability. If any provision of this Agreement shall be held illegal, void, or unenforceable, the remaining portions shall remain in full force and effect.
f. No Waiver. The delay or failure of either party to exercise any right under this Agreement or to take action against the other party in the event of any breach of this Agreement shall constitute a waiver of such right, or any other right, or of such breach, or any future breaches, under this Agreement.
g. Assignment. Client shall not assign or transfer this Agreement.
h. No Partnership or Agency. Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as an agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise bind the other in any way.
i. Force Majeure. Provider will not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the Provider's reasonable control, including but not limited to fire, flood, storm, war, malicious damage, failure of a utility service or transport or telecommunications network.
j. Client hereby grants Smoothcomp the nonexclusive right and license to use and display the Clients name, logo and similar indicia (“Client Marks”) (a) to the extent any customization or implementation of the Services involve the incorporation of Client Marks in furtherance of this Agreement and (b) on its website and marketing collateral identifying Client as a customer of Smoothcomp. Smoothcomp obtains no rights in the Client Marks except for the limited right described in the preceding sentence, and Client retains all right, title and interest in the Clients Marks. All use of the Clients Marks by Smoothcomp will inure to Customer.
k. Client may use Smoothcomp logos in marketing material and refer to Smoothcomp in text but never alter or change the layout or act as an representative for Smoothcomp without our written approval.
l. Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services, and supersedes any and all prior or contemporaneous understandings or agreements whether written or oral. No amendment or modification of this Agreement will be binding unless reduced to a writing signed by duly authorized representatives of the parties and such writing makes specific reference to this Agreement and its intention as an amendment hereto.
m. Google YouTube Services. By using YouTube API Client, you agree to be bound by the YouTube Terms of Service: https://www.youtube.com/t/terms.
BY CLICKING “ACCEPT” AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT SHALL BE SUPERIOR TO, AND SUPERCEDE ANY CONFLICTING OR INCONSISTENT TERMS CONTAINED IN ANY PURCHASE ORDERS, OTHER DOCUMENTS PROVIDED TO THE COMPANY BY YOU, OTHER DOCUMENTS PROVIDED TO YOU BY THE COMPANY, OR AGREEMENTS PREVIOUSLY ENTERED INTO BY THE PARTIES. IF YOU DO NOT AGREE TO THE TERM OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION AND/OR THE DATA, AND EXIT NOW BY CLICKING ON THE “DECLINE” BUTTON.
Standard Service Level Agreement (SLA)
Quick overview:
Personal and instant assistance can be offered as a paid service.
Free support within the first month.
1. AGREEMENT OVERVIEW
This Agreement represents a Service Level Agreement (“SLA” or “Agreement”) between Smoothcomp AB and the Client for the provisioning of IT services required to support and sustain products or services by means of standard pay as you go (PAYG) support or pre-paid support package. This SLA is not valid for any Managed IT Service Agreements.
This Agreement is not a legally binding contract and legal action may not be taken against Smoothcomp AB if the below time frames are not met. They are support measures that Smoothcomp AB takes very seriously and forms the basis of everyday operation for clients using our standard PAYG or pre-paid support package services on an hourly basis.
2. PERIODIC REVIEW
This Agreement is valid from the Effective Date outlined herein and is valid until further notice. This Agreement can be reviewed and amended from Smoothcomp AB at any time. The client agrees to have to accept the changes of these provisions within 30 days. Until the client have accepted these changes the current version of this agreement will be valid.
The Business Relationship Manager (“Document Owner”) is responsible for facilitating regular reviews of this document. Contents of this document may be amended as required.
Business Relationship Manager: Smoothcomp AB
Review Period: Annually (12 months)
Effective Date: 1st January 2018
3. SERVICE AGREEMENT
The following detailed service parameters are the guidelines of the Service Provider in the ongoing support of this Agreement.
3.1. SERVICE SCOPE
The following services are covered by this Agreement;
Email support.
Remote assistance using Skype, Zoom.us, Messenger, WhatsApp or other instant message services that we use.
Support within business operating hours.
Support outside of business operating hours.
Free support within the first month after creating your organizer account
3.2. CLIENT REQUIREMENTS
Client responsibilities and/or requirements in support of this Agreement include: Payment for all support costs at the mandatory or agreed interval (charged in credits from the clients organizer account). Reasonable availability of customer representative(s) when resolving a service related incident or request.
3.3. SERVICE PROVIDER REQUIREMENTS
Service Provider responsibilities and/or requirements in support of this Agreement include:
Meeting response times associated with service related incidents.
Appropriate notification to Client for all scheduled maintenance.
3.4. FREE SUPPORT WITHIN THE FIRST MONTH
The Client can request our support, free of charge, within the first month after creating the organizer account. We will help with smaller adjustments and/or guide you to our knowledge base and video tutorials or online webinars. Free support does not include our instant messaging support services or help with brackets & scheduling.
4. SERVICE MANAGEMENT
Effective support of in-scope services is a result of maintaining consistent service levels. The following sections provide relevant details on service availability. This information is based on the following terms:
Business hours Out of office hours Emergency Support
Monday to Friday
(8.00 am-6.00pm) Monday to Friday
(6.30am to 8.00am) Monday to Friday
(10.00pm to 6.30am)
Monday to Friday
(6.00pm to 10.00pm) Saturday (12.00am to 8.30am)
Saturday (5.30pm to 11.59pm)
Saturday (8.30am to 5.30pm) Sunday (all day)
Public Holidays (all day)
Times above are specidifed in Swedish time, (CEST)
URGENT SUPPORT
Urgent Support is considered as a problem that requires instant attention. In the unlikely event that our support staff is not available and previously booked (by another client), their booking will need to be rescheduled to attend to the urgent issue. This will incur additional emergency charges which can be found at: https://smoothcomp.com/support
4.1. SUPPORT TICKETING
Support requests must be logged by support tickets within the Smoothcomp AB Support Help Desk portal (https://smoothcomp.com/support).
CLIENTS CAN CREATE SUPPORT TICKETS BY:
Emailing the request to: support@smoothcomp.com
4.2. SERVICE AVAILABILITY
Coverage parameters specific to the service(s) covered in this agreement are as follows:
4.2.1 INSTANT MESSAGING SERVICES
Organizers with the need for instant support during events can ask for our Instant Messaging SLA agreement and will be able to receive instant support using our chat service or by WhatsApp instant message service. This will incur additional emergency charges which can be found at: https://smoothcomp.com/support
4.2.2 EMAIL SUPPORT
Email is monitored within business hours where the Client can expect a response within six (6) business hours whilst emailing “support@smoothcomp.com" to generate a support ticket. Priority will be placed on support requests that are ranked as urgent. The level of urgency is at the discretion of the technician assigned to the support request based on the impact that the issue or outage has on the Client. Additional fees for urgent support requests may apply.
Emails received in out of office hours will be collected, however no action can be guaranteed until the next business day. If the Client stipulates urgent attention to the support request, it is at the assigned technician’s discretion whether out of office hours support is required. For urgent matters, the client should use the Instant Messaging option described above.
4.2.3 REMOTE SUPPORT
Within business hours, remote jobs are prioritised based on urgency of support. For standard remote support requests, the Client can either schedule a time or wait for the technician to become available and the support request will be attended to as soon as possible within six (6) business hours. If a matter is urgent within business hours, we can guarantee support within two (2) business hours of the request. Additional support fees may apply for urgent support.
4.2.4 SUPPORT WHEN CREATING BRACKETS & SCHEDULES
We offer our services for creating brackets & schedule for your event. Please contact us with at least one weeks notice if you require this support. Our standard support rate per hour will apply. You can find our support pricing at https://smoothcomp.com/support
4.2.5 ONSITE ASSISTANCE
We also offer our onsite assistance if you require our help in managing your event. Please contact us by email (support@smoothcomp.com) for more details about this.