Smart Clerk Terms and Conditions

1. Definitions

“Customer”: The individual or entity that subscribes to and uses the Services provided by Smart Clerk, as agreed upon in this Agreement.

"Parties": Refers collectively to Smart Clerk and the Customer.

"Platform": The online interface where Smart Clerk services are accessed.

"Smart Clerk": Legal name for Arik Proptech BV.

“Services”: The range of functionalities, features, and capabilities offered by Smart Clerk as described on the Website or in this agreement.

"Website": The online platform accessible at https://smartclerk.ai/

2. Purpose

This Agreement governs the provision of Smart Clerk’s services to the Customer, detailing the usage rights, responsibilities, and restrictions associated with the Platform.

3. Intellectual Property Rights

Smart Clerk retains all intellectual property rights in the Platform. This Agreement grants a non-exclusive, non-transferable, limited right to use the Platform. Customers are prohibited from copying, modifying, or reverse engineering any part of the Platform.

4. Obligations of Smart Clerk

Smart Clerk commits to maintaining the functionality and security of the Platform, providing regular updates, and ensuring reasonable uptime. However, Smart Clerk does not guarantee uninterrupted or error-free operation. Support services will be provided as described, with efforts made to resolve issues in a timely manner.

5. Customer Obligations and Responsibilities

The Customer agrees to use the Platform lawfully and responsibly. This includes not allowing unauthorized access, adhering to applicable laws, and not engaging in activities that could harm the Platform or other users. The Customer is responsible for the accuracy of data entered into the system and must respect the confidentiality of information accessed through the Platform.

6. Liability

Smart Clerk is not liable for any damages arising from incorrect or incomplete cooperation or information from the Customer. The Customer retains full responsibility for the accuracy of data processed through the Platform.

7. Personal Data

Smart Clerk adheres to applicable data protection laws and processes personal data as outlined in its Privacy Policy. The Customer is responsible for ensuring that its use of Smart Clerk complies with data protection regulations.

8. Financial Terms

• Price Adjustments: Smart Clerk reserves the right to modify its pricing structure, including prices, payment models, and other associated fees. Such changes are primarily aimed at addressing economic factors like inflation and market cost increases. Customers will be duly notified of any pricing adjustments at least one month before their implementation, through email and/or in-platform notifications.
• Payment Schedule: Fees for the use of Smart Clerk's Platform are payable in advance. This payment is applicable for the agreed duration, either monthly or yearly, as per the agreement with the Customer. Smart Clerk will issue electronic invoices for these fees, and collect payments via credit card, subject to the agreed terms.
• Invoice Disputes: Any grievances or disputes related to the issued invoices must be communicated to Smart Clerk within ten days from the invoice date. Post this period, the Customer relinquishes the right to contest the charged fee.

9. Termination and Suspension

• Subscription Renewal: The agreement for Smart Clerk's services is automatically renewed each month under the same terms unless terminated by either party.
• Termination Notice: Both the customer and Smart Clerk retain the right to terminate the agreement. Such termination must be communicated in writing and will take effect at the end of the current subscription term, provided that a notice period of one month is observed.
• Immediate Suspension Rights: Smart Clerk reserves the right to immediately suspend the customer's access to the Platform, without the need for a formal notice or judicial intervention, under certain circumstances. These include situations where the customer fails to adhere to payment or other obligations related to the Platform usage, or in instances of the customer's bankruptcy, suspension of payments, cessation of business, liquidation, or any significant transfer of business assets.
• Data Export on Termination: Upon termination, Smart Clerk ensures that standard data export options are available within the Platform to allow customers to export their data.

10. Force Majeure

These Terms and any action related thereto will be governed by the laws of The Netherlands without regard to or application of its conflict of law provisions.

11. Confidentiality

The Customer must maintain the confidentiality of all proprietary information obtained through the use of Smart Clerk. Breach of confidentiality could result in termination of the agreement and legal action.

12. Amendment to the Terms and Conditions

Smart Clerk reserves the right to modify the terms and conditions, with a commitment to notify customers in advance of significant changes.

13. Marketing

The Customer consents to Smart Clerk using its name and logo for promotional purposes, subject to certain restrictions and guidelines.

14. Applicable Law

This Agreement is governed by and construed in accordance with Dutch law, and disputes will be subject to the exclusive jurisdiction of Dutch courts.