Term and Conditions

Policy

Term and Conditions

Welcome to Smulie. By accessing or using the Smulie website at the URL hi.smulie.io (the “Website”),  and Smulie' mobile applications (the “Service”) operated by Smulie Co. Ltd. (“us”, “we”, or “our”), you (the user or viewer of the Smulie Service, also “your”) agree to comply with and to be bound by the following terms and conditions, which – together with our privacy policy – governs our relationship with you in relation to the Smulie Service and the use of your personal data. If you disagree with any part thereof, please do not use the Smulie Service.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using our website and Smulie’ mobile applications: including Simpia, Beat Battle Duel, Music Night Battle, HDPiano (the “Smulie Service”).

     1. Your use

1.1 The Smulie Service is intended solely for your personal, non-commercial use. The services provided by Smulie are licensed to you and are not to be sold, assigned, or transferred.

1.2 We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

1.3 You are prohibited from gathering content or information or accessing the Smulie Service through automated means, such as harvesting bots, robots, spiders, or scrapers, without obtaining our explicit written permission.

1.4 Limits or access restrictions to specific parts or the entirety of the Smulie Service may be imposed without prior notice, and such actions will not result in any liability on our part.

1.5 Your use or access to the Smulie Services is subject to your continuous compliance with these terms and conditions. Without prejudice to any other rights and remedies Smulie Services may have, any non-compliance entitles us to deny your further use of the Smulie Services.

1.6 Smulie mobile application including Simpia (piano learning app) do use YouTube API Services to play embedded videos, which are subject to YouTube’s Terms of Service.

     2. Subscriptions

2.1 If you choose to sign up for a monthly or other time-based subscription, including Lifetime Subscriptions (“Subscription”), you will be billed in advance on a recurring and periodic basis.  By purchasing Subscription, you acknowledge and consent that the Subscription will be tacitly renewed for consecutive periods with the same duration unless you cancel it or Smulie Co. Ltd cancels it. You may cancel your Subscription renewal either through your online account management page.

2.2.  Unless set out otherwise by us, the term of your Subscription will start on the date on which you have paid for the Smulie Services, and you waive any statutory right of withdrawal (“herroepingsrecht”). Subscriptions and other agreements between you and us will end on the earlier of the last day of the term set by Smulie or agreed upon between you and Smulie, or Smulie’s termination of the Subscription pursuant to the following subclause.

2.3 Without limiting our statutory rights to terminate or Smulie’s other rights and remedies, we are authorized to at our own discretion suspend the fulfillment of the obligations, including the rights granted herein, or to terminate or dissolve the Subscription and any other agreements with you without incurring any liability for compensation if: a) you do not – timely – fulfill your obligations vis-a-vis Smulie, whether partly or in full; b) we become aware of circumstances that constitute valid grounds to expect that you will not timely fulfill your total obligations; c) other circumstances occur whose nature precludes that we can be required to fulfill our obligations according to standards of reasonableness and fairness, or in the event of other circumstances of which the nature thereof precludes that we may be reasonably be expected to maintain our obligations without alteration.

     3. Free Trials

3.1 Smulie Co. Ltd. has the discretion to offer a Subscription with a free trial for a limited period of time (“Free Trial”).​

3.2 To sign up for the Free Trial, you may need to input your billing information. If you provide your billing information during the Free Trial signup, Smulie Co. Ltd will not charge you until the Free Trial has expired. On the last day of the Free Trial, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

3.3 At any time and without notice, Smulie Co. Ltd. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel and terminate such Free Trial offer.

      4. Lifetime Subscriptions

A “Lifetime” Subscription grants you access to the Smulie Service available at the time of your purchase for as long as the Smulie Services are available. Lifetime Subscriptions cannot be transferred to any other individual. We make no warranties as to the expected lifetime of the Smulie Service. By choosing a lifetime plan, you acknowledge and agree that the Smulie Service could change or terminate in the future without you becoming entitled to compensation or repayment. 

       5. Fee & payments

5.1 Parts of the Smulie Service are for free, some are not. Which part of the Smulie Service are paid and the fees thereof, are indicated in the Application. Smulie. Co. Ltd reserves the right to change which parts of Smulie Services are free or paid without prior notice.

5.2 The prices for the Smulie Service may be subject to change in the future. If there are alterations to the pricing of your current Subscription, the updated pricing will automatically apply on the first day of the subsequent renewal of your Subscription. In the event you do not wish to accept the modified terms, you can cancel the Renewal Subscription, following the instructions outlined in the "Subscriptions" section.

5.3 Introductory offers or discount promotional periods are limited. The discount period on the regular price for Smulie services is always clearly stated on price reductions. After the initial discount period, the normal subscription price will apply.

        6. Refunds

Except when required by law, paid Subscription fees are non-refundable.

        7. Accounts and Passwords

7.1 You are responsible for any and all use of the Smulie Services, as well as for the integrity of the password and other identifying means in respect of your account details at Smulie.

7.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

7.3 You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

7.4. If you sign into the Service with Facebook Connect we will collect information that is visible via your Facebook account such as: (1) your first and last name, (2) Facebook ID, (3) Profile Picture/URL, and (4) list of Facebook friends. Your Account may be used to publicly identify you as part of social features of the Service, which may include user-to-user interaction, chat or messaging functionality, public leaderboards, head-to-head competition, and other similar features. Your username will be public and will be shown to other users, but will only permit access to information that is considered public or that you have designated as public in your user profile settings. All info here is provided by the User voluntarily to simplify the authorization process and use of social features. Learn about how to remove your Facebook integration with our Service: HERE

7.5 Smulie is not responsible nor liable for any loss that results from the unauthorized use, with or without your knowledge, of your username, password and/or other identifying means.

       8. Rights and intellectual property

8.1 The content within the Smulie Service is proprietary and owned by us. This content includes, but is not limited to, the design, layout, appearance, sounds, graphics, and software. All rights not explicitly granted to you are reserved by us. We maintain ownership of all rights, titles, and interests, whether provided by us directly or on our behalf. This includes, but is not limited to, copyrights, trademarks, trade secrets, trade names, proprietary rights, domain names, patents, titles, computer codes, audiovisual effects, themes, settings, artwork, musical works, and moral rights. These rights extend to both registered and unregistered properties, as well as all related applications.

8.2 Making the Smulie Services or any of its contents public or reproducing them is strictly prohibited. This includes but is not limited to disclosing, publishing, redistributing, or reproducing, whether in whole or in part, in any form, unless explicitly permitted in these terms and conditions.

        9. Link to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Smulie. Co. Ltd. 

Smulie. Co. Ltd. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Smulie. Co. Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

​We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

        10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.​

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. In case your account is a Premium one (which means you had subscribed to our applications), you could cancel Subscriptions before discontinuing using the Service.

        11. Limitation Of Liability

In no event shall Smulie. Co. Ltd., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

       12. Contact us

Should you have any concerns or questions, please feel free to contact us via:

  • By email:  Customer Support Email: hello@smulie.io 

  • By phone: +84 903982259

  • Or address: Smulie Co. Ltd  L12-17, Richmond city, 207a Nguyen Xi, ward 26, Binh Thanh District, Ho Chi Minh city, Vietnam

Smulie

 207 Nguyễn Xí, Phường 26, Bình Thạnh, Thành phố Hồ Chí Minh, Việt Nam

 0903 982 259

 hello@smulie.io

 www.smulie.com

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