Plenary Terms (all apps)
Owner and Data Controller
The owner of all information collected from PromptSmart Applications is Belleau Technologies LLC.
Our Apps are designed to obtain information you provide by creating a user account in the app or by using our in-app messaging system for customer support. In PromptSmart Pro (Android), creating an account is necessary to activate a subscription or an introductory free trial. Without a subscription or an intro trial activated, you will not be able to launch a presentation. You may also register your email to receive company news and promotions. There is no penalty for not registering. Registering your product will keep you informed with the latest news, including, but not limited to, information about forthcoming PromptSmart products and beta testing invitations. By creating an account, registering your product, or by voluntarily contacting us for support, you consent to being contacted by us in the future for any Application-related communications, unless such consent is expressly revoked. The purpose of such contact is to ensure your satisfaction with our products, to collect feedback via customer surveys, to provide up-to-date information about future software updates, to disseminate marketing promotions, and to solicit beta testers. We do not spam our users or sell our email lists to third-parties for any reason. We use a MadMimi third-party service to aggregate our contacts and to send email communications. At any time our registered users can unsubscribe from our email list, or revoke any previously-granted consent, by following the provided links in our email communications, or by informing us of your revocation at the following email address: firstname.lastname@example.org. The app requires user authentication to access cloud storage services such as Dropbox, OneDrive, iCloud, Google Drive, and Box. PromptSmart does not access any of your cloud content without you taking action to access the file of your choice to import it into the application, in which case a copy of that file is downloaded into the app onto your mobile device.
PromptSmart may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.
Protection of Your Personal Information:
Anonymized data is periodically transmitted to external services in order to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement, or as otherwise required by law. We may disclose User-Provided and/or Automatically-Collected Information:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
with our trusted services providers who work on our behalf, and have agreed to adhere to the rules set forth in this privacy statement and agreed not to misappropriate the information for purposes other than providing us with reports;
if Belleau Technologies LLC is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
If you wish to withdraw your consent to the automatic collection of usage information and other metrics, you may do so easily by uninstalling our Applications. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Retention Policy
We retain User-Provided data for as long as you use our Applications and for a reasonable time thereafter. We will retain Automatically-Collected information for up to 24 months and thereafter may store it in aggregate.
Children’s Online Privacy Protection Act (COPPA) Compliance:
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to your information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
Terms of Service
1. No Warranty And Limitation Of Liability
Belleau Technologies, LLC provides all promptsmart products and the promptsmart pro extended service (collectively, “the apps”) on an "as is" and “as available” basis. Belleau Technologies, LLC and its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, mandataries, partners and licensors (the “Belleau Technologies, LLC parties”) disclaim all warranties and conditions of any kind, whether express, implied or statutory, or arising from statute, course of dealing, usage of trade or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, integration, interoperability or quiet enjoyment. The Belleau Technologies, LLC parties make no representations or warranties about the accuracy or completeness of the information contained on. The Belleau Technologies, LLC parties do not warrant that the functions of edthe apps will be uninterrupted or error-free, that defects will be corrected, or that the apps or the servers that make the apps available will be free of viruses or other harmful components. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the apps at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall the Belleau Technologies, LLC parties be liable for any indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of any of the apps services and damages resulting from loss of use or data, whether or not the Belleau Technologies, LLC parties have been advised of such possibility and regardless of whether such damages were foreseeable. Your only right with respect to any dissatisfaction with the apps shall be to terminate your use of such services. In no event shall the Belleau Technologies, LLC parties’ total liability to you for all claims arising under these terms or your use of the apps exceed the total amount paid by you to Belleau Technologies, LLC for use of the apps during any one month. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You understand that your use of the apps may involve known and unanticipated risks that could result in injury or other consequential damages and you assume all such risks and dangers and all responsibility for any losses and/or damages that in any way arise from or are related to your use of the apps. You acknowledge and agree that Belleau Technologies, LLC has offered the apps, set its prices, and entered into these terms in reliance upon the foregoing warranty disclaimers and the limitations of liability. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in these terms reflect a reasonable and fair allocation of risk between you and Belleau Technologies, LLC, and that the warranty disclaimers and the limitations of liability set forth in these terms form an essential basis of the bargain between you and Belleau Technologies, LLC. Belleau Technologies, LLC would not be able to provide the apps to you on an economically reasonable basis without these limitations and disclaimers.
2. Changes To The Apps
Belleau Technologies, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the apps (or any portion thereof) with or without notice. You agree that the Belleau Technologies, LLC parties shall not be liable to you or any third party for any modification, suspension or discontinuance of the apps (or any portion thereof). You understand and agree that you use the apps at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. Under no circumstances shall the Belleau Technologies, LLC parties be liable for any indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension, or termination of any of the apps services and damages resulting from loss of use or data, whether or not the Belleau Technologies, LLC parties have been advised of such possibility and regardless of whether such damages were foreseeable. Your only right with respect to any dissatisfaction with the apps shall be to terminate your use of such services. In no event shall the Belleau Technologies, LLC parties’ total liability to you for all claims arising under these terms or your use of the apps exceed the total amount paid by you to Belleau Technologies, LLC for use of the apps during any one month. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You understand that your use of the apps may involve known and unanticipated risks that could result in injury or other consequential damages and you assume all such risks and dangers and all responsibility for any losses and/or damages that in any way arise from or are related to your use of the apps. You acknowledge and agree that Belleau Technologies, LLC has offered the apps, set its prices, and entered into these terms in reliance upon the foregoing warranty disclaimers and the limitations of liability. You further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in these terms reflect a reasonable and fair allocation of risk between you and Belleau Technologies, LLC, and that the warranty disclaimers and the limitations of liability set forth in these terms form an essential basis of the bargain between you and Belleau Technologies, LLC. Belleau Technologies, LLC would not be able to provide the apps to you on an economically reasonable basis without these limitations and disclaimers.
3. Apps Content
Promptsmart, promptsmart pro, promptsmart esp, promptsmart pro extended, the promptsmart logo, and any other designs are trademarks or the subject of other intellectual property rights of Belleau Technologies, LLC, and may not be used without prior, express written permission from Belleau Technologies, LLC. All other trademarks not owned by Belleau Technologies, LLC that appear on the apps are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Belleau Technologies, LLC. All content included on the apps, including all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags, compilations of the foregoing and/or other materials accessible through the apps, is subject to Belleau Technologies, LLC right to access, copy, or otherwise use content to further the apps intended use.
4. Additional Fees And Subscriptions
Additional data charges may apply to you for mobile use of the apps through your mobile device. Additional subscription fees may also apply for use of promptsmart pro extended or other aspects of the apps. If there is a charge associated with a portion of the apps, you agree to pay that charge by accessing or using it. The price stated for the apps may be denominated in your local currency by itunes app store (http://itunes.apple.com), or any other applicable app store through which you download the apps (each, an “app store”) on your device. Fees and charges are collected by the app store on your device. You should consult with the appropriate app store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Belleau Technologies, LLC relies on the app store to collect subscription fees and to report on the status of subscription accounts. Your access to the apps may be suspended or cancelled if you do not make your payment on-time and/or in full. Suspension or cancellation of the apps for non-payment could result in a loss of access to and use of your account and its content. If you would like to buy the promptsmart pro extended subscription, you do this with in-app subscriptions from the app store on your device. You will be advised of the charge for the promptsmart pro extended subscription before making payment and being billed. You must make all payments through a charge through the applicable app store. You agree to pay all fees and charges incurred in connection with your use of the apps (including any applicable taxes) at the rates in effect when the charges were incurred. Between you and Belleau Technologies, LLC, you, and not Belleau Technologies, LLC, are responsible for paying any amounts for services billed to your mobile device, paypal, credit or debit card by an app store or third party who had access to these accounts, whether or not such amounts were authorized by you. Subscriptions are managed by the app store directly. Belleau Technologies, LLC does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for at least thirty (30) days. Payment will be charged to your app store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the account settings screen in the app store app on your device after purchase. No cancellation of the current subscription is allowed during active subscription period. For step-by-step information on how to manage subscriptions, including information on canceling subscriptions, email firstname.lastname@example.org. You should be aware that deleting our Applications may not terminate your user accounts or your auto-renewable subscriptions.
5. Suggestions And Improvements
By sending us any ideas, suggestions, documents or proposals ("feedback"), you agree that (i) your feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the feedback, (iii) we may have something similar to the feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the feedback.
6. External Materials
The apps or users of the apps may provide links to other websites or resources. You acknowledge and agree that the Belleau Technologies, LLC parties do not endorse and are not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“external materials”). External materials are subject to different terms and conditions and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that the Belleau Technologies, LLC parties shall not be liable for any damage or loss caused by or resulting from use of or reliance on any external materials.
7. User Content
The apps allow the submission of information, content and materials (such as scripts, documents, or notecards) by you and other users ("user submissions"), and the hosting, sharing and/or publishing of such user submissions. You shall be solely responsible for your own user submissions (“your content”) and the consequences of posting or publishing them. In connection with your content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Belleau Technologies, LLC to use, all intellectual property and any other proprietary rights in and to any and all of your content to enable inclusion and use of your content in the manner contemplated by the apps and these terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your content in the manner contemplated by the apps and these terms. For clarity, you shall retain all of your ownership rights in your content. Belleau Technologies, LLC assumes no responsibility whatsoever in connection with or arising from user submissions. Belleau Technologies, LLC assumes no responsibility for actively monitoring user submissions for inappropriate content. If at any time Belleau Technologies, LLC chooses, in its sole discretion, to monitor user submissions, Belleau Technologies, LLC nonetheless assumes no responsibility for the content of the user submissions, no obligation to modify or remove any inappropriate user submissions, and no responsibility for the conduct of the user submitting user submissions. Belleau Technologies, LLC makes no warranties, express or implied, as to the content of user submissions or the accuracy and reliability of any user submissions.
Responsibility For Your Content
You alone are responsible for your content, and once published, it cannot always be withdrawn. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable or provides others with information to locate you or determine places that you have visited, are visiting or are planning to visit. You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by Belleau Technologies, LLC. You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Right To Use Your Content
We reserve the right to remove, screen, edit, or reinstate user submissions from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.
You agree to indemnify, defend, and hold the Belleau Technologies, LLC parties harmless from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to your use of the apps in violation of these terms and/or your interactions with other users of the apps, including, but not limited to, (a) any violation of the rights of any other person or entity by you, (b) any breach or violation by you of this terms, Belleau Technologies, LLC reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
9. Registration Account And Password
You will create a username and password as part of the registration process for the apps (if applicable). You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify Belleau Technologies, LLC of any actual or suspected unauthorized use of your password or account or any other breach of security. You agree that all information that you provide to Belleau Technologies, LLC as part of the registration process, including, but not limited to, your name and email address, is truthful, accurate and complete.
10. Governing Law
These terms and your relationship with Belleau Technologies, LLC under these terms shall be governed by and construed and enforced in accordance with the laws of the state of new york. The united nations convention on contracts for the international sale of goods is specifically excluded from application to these terms.
11. Choice Of Venue
Any dispute or claim arising out of or relating in any way to these terms or your access to or use of the apps, including, but not limited to, the validity, applicability or interpretation of these terms (each, a “claim”), shall be resolved by a new york county supreme court and you waive any defense that this venue is inconvenient or that the court lacks personal jurisdiction over you. Notwithstanding anything to the contrary, Belleau Technologies, LLC may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute.
If any provision of these terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these terms. A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these terms shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these terms. You and Belleau Technologies, LLC agree that any cause of action arising out of or related to the apps must commence within one year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.
iOS Subscription Disclosure
PromptSmart Pro includes an optional PromptSmart Extended subscription. Depending on your chosen subscription period, either a $1.99 purchase or a $19.99 purchase will be applied to your iTunes account at the end of your introductory trial. Subscriptions will automatically renew unless cancelled at least within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription