Website Terms of Use

These More Than Metrics (from now on referred to as “Metrics”) Website Terms of Use (“Terms”) are between Metrics and the legal entity or person accessing Metrics’ website; www.smaply.com. If you are accessing or using our website on behalf of your company, all references to "you," “your,”  “client,” or "Customer" refer to your company.

Welcome to the Smaply website. The “Website” refers to www.smaply.com and any successor URLs and related subdomains offered now or in the future. By visiting our website, you agree to our Terms, our Privacy Policy, and other policies we publish on our website. If you do not agree with these Terms and policies, you shouldn’t access or use our website.

We have a software solution, a software-as-a-service designed for B2B purposes (“Smaply”). If you use or plan to use Smaply, this is subject to our Smaply Terms of Use.

These terms contain a mandatory binding arbitration provision and class action waiver to resolve disputes rather than a jury trial. Read them carefully.

1. Permissions

You can only use this website for informational and internal business purposes (personally or on behalf of your organization), and you must follow all the rules and restrictions we mention here.

2. Modifications

We may revise and update these terms occasionally at our discretion. All changes will be effective immediately after we publish it on our website. It is your responsibility to check this anytime you use our website.

3. Access

We can change the website and any material at any time. We will not be liable for any changes made or for the unavailability of this website at any time or for any period. We may restrict access to some parts of our website or the entire website to visitors and users.

In order to use the Website and its resources, you may need to provide us with specific registration details and other information. Your use of the Website depends on the accuracy, currency, and completeness of the information you provide. When you register on the Website or use any interactive features, you acknowledge that all the information you provide, including but not limited to, is subject to our Privacy Policy. You consent to our handling of your information in line with our Privacy Policy.

4. Proprietary Rights

4.1 Ownership and Intellectual Property

Our Website contains proprietary and confidential information protected by applicable intellectual property and other laws. Metrics and its suppliers retain all rights, titles, and interests (including all copyrights, trade secrets, patents, and other rights) in and to the Website and its content.

If you provide feedback about the Website, including recommendations for improvements or features, Metrics reserves the right to use such feedback in any way. Metrics owns the implementation of that feedback and may become part of the Website without you being compensated. Smaply reserves all rights in and to the Website unless expressly stated otherwise. Additionally, Metrics reserves the right to make changes or updates to the Website or its content at any time without notice, and Metrics will own any such changes or updates.

4.2 Restrictions on Use

You may not (1) Decompile, reverse engineer, or disassemble any object code that is part of or made available through the Website into a human-perceivable form, except to the extent that such activity is expressly permitted by applicable law, and only if you notify Metrics in writing in advance, (2) Copy, frameset, enclose, sell, distribute, transmit, or broadcast any part of the Website, (3) Modify or create any derivative work of any part of the Website, (4) Disable, interfere with, or circumvent any of the features of the Website related to security, preventing or restricting use or copying of any content, or enforcing the limits on the use of the Website or its content, and (5) Use, export, or re-export any content or any copy or adaptation of such content in violation of any applicable laws or regulations.

4.3 Trademarks

All brand, product, and service images, logos, and names used on the Website that identify Metrics, our suppliers, our customers, and our proprietary products and services are the trademarks or service marks of Metrics, our suppliers, or our customers. Nothing on this Website shall be deemed to confer on any person any license or right on the part of Metrics or such suppliers concerning any such image, logo, or name.

4.4 Permitted Use

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Metrics, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Website Terms of Use permit you to use the Website for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as follows: (1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (2) You may store files that are automatically cached by your web browser for display enhancement purposes, (3) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not: (1) Modify copies of any materials from this Website, (2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, (3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website, (4) Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

4.5 Unauthorized Use

If you wish to make any use of material on the Website other than as set out in this section, please address your request to support@smaply.com

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Website Terms of Use, your right to use the Website will cease immediately. You must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Metrics. Any use of the Website not expressly permitted by these Website Terms of Use is a breach of this agreement and may violate copyright, trademark, and other laws.

5. Links from the Website

If the Website has links to other websites and resources provided by third parties, these links are for your convenience only. This includes links in advertisements, such as banner ads and sponsored links, and links to e-commerce sites managed by third parties. We have no control over the content of those sites or resources, and we are not responsible for any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked to this website, you do so at your own risk and are subject to such website's terms and conditions of use.

6. Warranty Disclaimer

6.1 Virus Protection and Data Responsibility

You understand and acknowledge that we can not guarantee or warrant that files available for downloading from the internet or our website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and the accuracy of data input and output, as well as for maintaining a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

6.2 Use at Your Own Risk

Your use of the Website, its content, and any services or items obtained through it is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis without any warranties, either express or implied. Neither Metrics nor any person associated with Metrics makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the preceding, neither Metrics nor anyone associated with Metrics represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

6.3 Disclaimer of Warranties

Metrics, as a result of this, disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose.

6.4 No Warranty

Metrics and its affiliates, suppliers, partners, and agents make no warranty that (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error-free, or that Metrics will fix any errors; or (iii) any content provided on or through the Website will be accurate or reliable. Any materials obtained through the use of the Website are obtained at your discretion and risk, and Metrics shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses, or other destructive code resulting from the use of the Website or any content obtained from the Website.

6.5 Legal Rights

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other legal rights, which vary from jurisdiction to jurisdiction.

6.6 Exceptions

The preceding does not affect any warranties, which cannot be excluded or limited under applicable law.

7. Limitation of Liability

7.1 General Limitation

To the fullest extent provided by law, in no event will the collective liability of Metrics and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed €750.

7.2 Exceptions

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

7.3 Indirect Damages

To the fullest extent permitted under law, Metrics and its affiliates, suppliers, partners, and agents have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability, or otherwise) for any indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data, revenue, or profit) arising from or related to your use of the Website or any content provided by or through the Website, even if we have been advised of the possibility of such damages or liabilities in advance. The preceding limitation applies to damages and liabilities arising from:

• Your use or inability to use our Website;
• Unauthorized access to or alteration of your content;
• Third-party content made available to you through the Website or
• Any other matter relating to the Website.

7.4 Jurisdictional Limitations

Some jurisdictions do not allow the limitation or exclusion of incidental, consequential, or other types of damages, so some of the above limitations may not apply to you.

7.5 Maximum Liability

Metrics and its affiliates, suppliers, partners, and agents have limited liability to you or any third parties for your access to the Website or other activities governed by these terms. The maximum liability amount is €100.

7.6 Legal Rights

The preceding does not affect any liability which cannot be excluded or limited under applicable law.

8. Indemnification

You agree to indemnify, defend (if we so request), and hold harmless Metrics, its affiliates, licensors, suppliers, partners, and agents, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claim, demand, losses, damages, liabilities, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your content, your use of the Website, your connection to the Website, your violation of these Terms, your violation of any rights of any third party, or your use of any information obtained from the Website. Your indemnification obligation will survive the termination of these Terms and your use of the Website.

9. Termination and Suspension

We may terminate or suspend your permission to use the Website immediately and without notice upon any violation of these Terms, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or engagement by you in fraudulent or illegal activities. Upon any termination, we may delete your user content and ban you from further use of the Website. You understand that we may also continue to make your content available on the Website even if your use of the Website is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your user content or access to the Website.

10. Disputes, Arbitration, and Class Action Waiver

Regarding any dispute arising out of this Agreement, parties must provide a written notice (or by email) of the existence of such dispute. Each party must engage in good-faith discussions and negotiations to resolve the dispute. If parties are unable to resolve such dispute thirty (30) days after the date of the written notice, each party may initiate the litigation process. This agreement and any disputes arising out of or in connection with it shall be governed by the laws of Austria, excluding its conflicts of law provisions. The parties agree that the courts of Innsbruck, Austria, shall have exclusive jurisdiction to settle any disputes arising out of or in connection with this agreement. However, Metrics reserves the right to bring legal proceedings in the jurisdiction of the Client’s residence or principal place of business if necessary. Both parties give up the right to have their disagreements heard or decided by a jury or in a court trial and to make any class or collective claims against each other in court, arbitration, or any other proceeding.

11. Entire Agreement

These Terms, along with our Privacy Policy and any other policies or notices published on the Metrics website (including specific terms for certain features or areas), make up the entire agreement between you and Metrics regarding your use of the Website. If any part of these Terms is found to be invalid by a court of proper authority, that part will not apply, but the rest of the Terms will still be in effect. If we choose not to enforce any of our rights under these Terms at any given time, it does not mean we waive those rights generally or in the future. We may choose to enforce them later. Without our express consent, you cannot transfer or assign your rights or obligations under these Terms. However, we can assign our rights and obligations without restriction. We are not liable for any delay or failure to perform any obligation under these Terms if events beyond our reasonable control cause the delay or failure. This includes, but is not limited to, strikes, blockades, war, acts of terrorism, riots, natural disasters, power or telecommunications failures, or government actions.

12. Contact

For any questions, feedback, comments, requests, or other information:

More than Metrics GmbH
Kapuzinergasse 14
6020 Innsbruck
Tel. no.: +43 512 312 123 20
Available: Mon - Fri 09:00 - 17:00
Email: mail@morethanmetrics.com

‍