Smile Zemi
Smile Zemi
21-Day Home Trial- About Smile Zemi
Last update date: October 15, 2024
These Terms of Use (“Terms of Use”) apply to the Smile Zemi Progress Report App（”Parent App”）and Parent App Services (defined below) and are entered into by and between the customer using the Parent App (“you” or “your”) and JustSystems America, Inc. (“we,” “us,” “our” or “JustSystems”) (you and us, each, a “Party” and, collectively, the “Parties”)
By downloading, using, or accessing the Parent App or Parent App Services, you accept these Terms of Use. Your use of the Parent App and/or Parent App Services, is also subject to Smile Zemi’s terms including, but not limited to, the Smile Zemi Terms of Service, the Smile Tablet Hardware Warranty Policy, the Smile Zemi Support Services Terms of Use, and the Smile Tablet Care Terms of Use (collectively referred to as “Additional Terms”) and any other policies applicable to the services associated with the Smile Zemi product. The Terms of Use and Additional Terms, if applicable, constitute the entire agreement between you and us with respect to the Parent App and Parent App Services. These Terms of Use control in the event of conflict between these Terms of Use and the Smile Zemi Terms of Service.
To the maximum extent not prohibited by law, JUSTSYSTEMS AMERICA, INC. reserves the right, at any time in its sole discretion, to change or modify the Parent App, the Parent App Services, or these Terms of Use. Such notifications may be made by sending an email, posting a notice on the Parent App with the revised date at the top of the Terms of Use, or by any other notification method determined by JUSTSYSTEMS AMERICA, INC. Your continued use of the Parent App after the posting of the revised Terms of Use or after such other notification confirms your acceptance of such changes or modifications. Any releases, updates, or additional features to the Parent App shall be subject to these Terms of Use.
Sections 2 (Services Ownership and License), 3 (Restrictions on the Use of the Services and Content), 4 (Linking to Our Services) , 5 (Governing Law), 6 (Arbitration and Dispute Resolution), 7 (Disclaimer of Representations and Warranties), 8 (Limitation of Liability), 9 (Indemnity), 10 (Copyright Infringement Policy), 11 (Wireless Features), 12 (Feedback), and 13 (General Provisions) of the Smile Zemi Terms of Service also apply to the Parent App and Parent App Services and are herein incorporated by reference (substituting “Parent App and Parent App Services” for “Services” where applicable). All limitations of remedies and disclaimers of warranties, conditions and liability form an essential basis of the parties’ agreement.
The parent app and parent app services are governed by these terms of use and any applicable additional terms only, and not by any other agreement with justsystems. You represent that you have reached the age of majority in your jurisdiction of residence and that you have read and understand all the provisions of these terms of use.
To use the Parent App, you need to be a user of Smile Zemi and have a Guardian Member’s Account set up in accordance with the Smile Zemi Terms of Use. You cannot apply for or create a Guardian Member’s Account from the Parent App. For details on Smile Zemi accounts, passwords, and usage, please refer to the Smile Zemi Terms of Use. The use of the Parent App is limited to residents of the United States (including its 50 states and the District of Columbia) and use of the Parent App must be from within the United States (including its 50 states and the District of Columbia).
You can log in to the Parent App by entering your Guardian Member’s Account information.
If you would like to choose not to send reports on errors or crashes that occur during the use of the Parent App, or usage data indicating how the Parent App is used, you may modify your settings in the Parent App. For questions regarding Smile Zemi's privacy protection policy, including those related to the Parent App, please refer to the Smile Zemi Privacy Policy.
The Parent App is a subordinate service of Smile Zemi, and you cannot terminate the Smile Zemi contract through the Parent App.
Although your use of the Parent App is dependent on Smile Zemi, your use of Smile Zemi is not dependent on your use of the Parent App. The Parent App is an add-on service to Smile Zemi, and that means that unavailability or inability to access or use the Parent App does not give you the right to terminate your Smile Zemi subscription.
Subject to the terms, conditions, and restrictions set forth in these Terms of Use, JUSTSYSTEMS AMERICA, INC. grants you a non-exclusive, non-transferable license (the "License") to download and use the Parent App and Documentation on mobile device that you own or control, solely for informational, non-commercial, personal use and in accordance with the usage restrictions set or provided by the Parent App, and to access the Smile Zemi Parent Portal. This License is subject to these Terms of Use and does not permit any of the following: (a) resale or commercial use; (b) copying, distributing, publicly performing, or publicly displaying the Parent App, Documentation or Smile Zemi Parent Portal, except as expressly permitted by JUSTSYSTEMS AMERICA, INC.; (c) modifying or otherwise making any derivative uses of the Parent App, Documentation, Smile Zemi Parent Portal or any part thereof; (d) using data mining, robots, or similar data gathering or extraction methods; or (e) using the Parent App, the Smile Zemi Parent Portal, or Smile Zemi-related materials (including the Documentation) for any purpose other than their intended use. Any use of the Parent App, the Smile Zemi Parent Portal, or Smile Zemi-related materials (including the Documentation) other than as specifically authorized without prior written permission from JUSTSYSTEMS AMERICA, INC. is strictly prohibited and will terminate the License granted herein. Unauthorized use may also violate applicable laws, including copyright laws, trademark laws, and communication regulations and statutes. Except as expressly stated herein, nothing in these Terms of Use shall be construed as granting any license to intellectual property rights, whether by estoppel, implication, or otherwise.
The Parent App may be used by you to perform the following functions (the “Parent App Services”)
We will use commercially reasonable efforts to provide technical support for the Parent App and Parent App Services in accordance with the Smile Zemi Support Service Terms of Use. Please submit inquiries to customer support. in accordance with the Smile Zemi Support Service Terms of Use.
ADDITIONAL EXCLUSIONS: For avoidance of doubt, technical support regarding network settings of your mobile devices, installation methods from any app stores and malfunctions of your mobile device, (as well as other support related to your mobile devices) are not covered by the Support Service.
©JUSTSYSTEMS AMERICA, INC.
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