Legal agreement for using SMIndicator services
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and SMIndicator LLC ("we," "us," "our," or "SMIndicator") concerning your access to and use of the website https://smindicator.com (the "Website") and all related services, including the Sustainability Mindset Indicator (SMI) assessment tool, training programs, and resources (collectively, the "Services").
By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
You must be at least 16 years of age to use our Services. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Services.
For institutional or organizational use involving minors, appropriate consents and safeguards must be in place in accordance with applicable laws, including COPPA (Children's Online Privacy Protection Act) and GDPR.
To access certain features of our Services, including the SMI assessment, you must create an account. When creating an account, you agree to:
We reserve the right to suspend or terminate your account at any time for:
You may terminate your account at any time by contacting us at info@smindicator.com.
The SMI is an assessment tool designed to measure and develop awareness of sustainability mindsets. The SMI provides:
We offer various training programs, including:
We provide educational resources including:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or professional development purposes.
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
If you are a certified coach, educator, or organizational consultant using the SMI:
The Services and all content, features, and functionality, including but not limited to:
are owned by SMIndicator, our licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
"SMIndicator," "Sustainability Mindset Indicator," "SMI," and all related logos, product and service names, designs, and slogans are trademarks of SMIndicator LLC. You may not use these marks without our prior written permission.
When you submit content to us (e.g., feedback, testimonials, forum posts, or assessment responses), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with providing and improving our Services, and for research and development purposes, in aggregated and anonymized form.
You retain ownership of your personal assessment results. However, we retain the right to:
Prices for our Services are subject to change without notice. We reserve the right to modify or discontinue any Service or pricing at any time.
Current pricing is displayed on our Website. All prices are in United States Dollars (USD) unless otherwise specified.
Payment for Services must be made at the time of purchase through our secure payment processing partners. We accept major credit cards and other payment methods as displayed on our Website.
By providing payment information, you represent and warrant that:
Once you have started the SMI assessment, fees are non-refundable as you immediately receive access to the assessment and personalized report.
Refunds for training programs are handled on a case-by-case basis. Please contact us within 7 days of registration to discuss cancellation and potential refunds. No refunds are available after a program has commenced.
Refund policies for institutional arrangements are defined in the specific licensing agreement.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
The SMI assessment and related Services are educational and developmental tools. They do NOT constitute:
You should not rely solely on the SMI results for making important personal or professional decisions. Consult qualified professionals as appropriate.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMINDICATOR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless SMIndicator, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
By using the Services, you consent to:
You may terminate your account at any time by contacting us. Upon termination:
We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including:
Upon termination:
Before filing any formal legal action, you agree to first contact us at info@smindicator.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations.
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
Exception: Either party may seek injunctive relief in court for intellectual property infringement.
YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and SMIndicator regarding the Services and supersede all prior agreements.
We reserve the right to modify these Terms at any time. When we make changes:
If you do not agree to the modified Terms, you must stop using the Services.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
If you have any questions about these Terms, please contact us:
SMIndicator LLC
Email: info@smindicator.com
Website: https://smindicator.com/contactus/
Mailing Address: [Include your physical business address]
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
Thank you for using SMIndicator. We look forward to supporting your sustainability mindset journey.