Terms & Conditions

Effective Date: 21-Jan-2025

1) Acceptance of Terms

These Terms & Conditions ("Terms") govern your use of the SmartTract Grow mobile application and related services (collectively, the "App" or "Services") provided by SmartTract LLC ("SmartTract," "we," "our," "us"). By downloading, accessing, or using the App, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the App.

2) Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and legally able to enter a binding contract. By using the App, you represent and warrant that you meet these requirements.

3) License & Restrictions

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App for your personal, non-commercial use, strictly in accordance with these Terms.

You may not:

• Copy, modify, or create derivative works of the App;
• Reverse engineer, decompile, or attempt to extract source code (except where permitted by law);
• Rent, sell, sublicense, or otherwise commercialize the App;
• Bypass or interfere with security or access controls;
• Access the App via automated means (bots, scrapers) without our written permission;
• Use the App for any unlawful purpose.

4) Accounts

To use certain features, you may need an account. You agree to provide accurate, current information and keep it updated. You are responsible for all activity under your account and for safeguarding your credentials. Notify us immediately of unauthorized use.

5) Prohibited Conduct

You agree not to:

• Engage in illegal activity;
• Upload malware or harmful/inappropriate content;
• Infringe third-party rights;
• Harass, abuse, or threaten others;
• Interfere with or disrupt the App's operation;
• Attempt to gain unauthorized access to the App, data, or systems.

6) User Content & Feedback

If the App allows you to upload or store content (e.g., notes, routines, photos), you retain ownership of that content. You grant SmartTract a worldwide, non-exclusive, royalty-free license to host, process, store, transmit, and display your content solely to operate and improve the Services. You represent you have all necessary rights to provide this content and that it does not violate law or third-party rights. If you provide feedback or suggestions, you grant us a perpetual, irrevocable license to use them without restriction or compensation.

7) Health & Safety; No Medical Advice

SmartTract products and the App are not medical devices and do not provide medical advice. Results vary and are not guaranteed. Always consult a physician before starting any routine, especially if you have existing conditions or use medications. Discontinue use and seek medical care if you experience pain, numbness, bruising, or other adverse effects. See our Safety & Medical Disclaimer.

8) Third-Party Services & Links

The App may depend on or link to third-party services (e.g., app stores, analytics). We are not responsible for third-party content, terms, or policies. Your use of third-party services is governed by their terms.

9) Updates & Changes to the App

We may update, modify, or discontinue all or part of the App at any time. We may also push automatic updates. Some features may be labeled beta or preview and may be less stable.

10) Privacy

Your use of the App is subject to our Privacy Policy, which explains how we collect, use, and protect your information.

11) Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTTRACT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTTRACT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE APP WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNTS YOU PAID (IF ANY) TO SMARTTRACT FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM. Some jurisdictions do not allow certain exclusions/limits; in those cases, we limit liability to the maximum allowed by law.

13) Indemnification

You agree to indemnify, defend, and hold harmless SmartTract from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the App, your content, or your violation of these Terms or applicable law.

14) Changes to These Terms

We may update these Terms. When we do, we will revise the Effective Date above and, where required by law, provide notice or request consent. Your continued use of the App after changes means you accept the updated Terms.

15) Termination

We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you violated these Terms or the law. Upon termination, the license granted to you ends, but Sections 6–7 and 11–20 survive.

16) Governing Law & Venue

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction and venue of state and federal courts located in Wyoming for any dispute not subject to mandatory arbitration or local consumer rights.

17) Miscellaneous

• Severability. If any provision is unenforceable, the remainder stays in effect.
• No waiver. Failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms without our consent; we may assign to an affiliate or in a merger/sale.
• Force Majeure. We are not liable for delays beyond our reasonable control.
• Entire Agreement. These Terms and the policies referenced herein are the entire agreement regarding the App.

18) Contact Us

SmartTract LLC

Email: customer@smarttract.com

19) SmartTract GO Device Terms

The following terms apply when purchasing, owning, or using the SmartTract GO device and accessories.

a) Intended Use & Safety

• For adult personal wellness use only. Not a medical device and not a substitute for medical treatment.
• Read the user manual fully before use. Start on the lowest settings and increase gradually.
• Stop use immediately if you experience pain, bruising, numbness, tingling, discoloration, or discomfort.
• Do not use on broken/irritated skin or while under the influence of alcohol/drugs or while sleeping.
• Consult a physician before use, especially if you have vascular/nerve disorders, diabetes, bleeding/clotting issues, prior trauma/deformity, cardiovascular disease, or take blood-pressure/ED medications.

b) Accessories & Fit

• Use only SmartTract-approved cylinders, sleeves, hoses, and connectors that are undamaged and clean.
• Ensure appropriate fit—neither too tight nor too loose—to avoid injury or loss of circulation.
• Do not modify the device or accessories.

c) Battery, Charging & Environment

• Charge only with the supplied or recommended charger/cable. Do not use near water or flammable environments.
• Do not open, puncture, crush, incinerate, or short-circuit the battery. Replace only through SmartTract or an authorized partner.
• Operate and store within the temperature ranges specified in the user manual.

d) Cleaning & Maintenance

• Clean before and after each use with approved cleaners. Do not share personal-contact components.
• Inspect regularly for damage or wear. Replace worn parts and discontinue use if damage is found.

e) Firmware & App Connectivity

• The device may receive over-the-air (OTA) firmware updates via the App. Updates may be automatic.
• Some features require a compatible smartphone and internet connection; charges from your provider may apply.

f) Warranty, Returns & RMAs

• Warranty terms (if any) are provided at purchase or in the user manual and may exclude consumables (e.g., sleeves, gaskets).
• Improper use, modification, accidents, unauthorized repairs, or use with non-approved accessories may void coverage.
• For returns/RMAs, follow the instructions provided in your order confirmation or on our website.

g) Compliance & Export

• Device availability and features may vary by region and regulatory approvals.
• You agree to comply with all applicable import/export and local laws when purchasing or using the device.

For more safety information, see our Safety & Medical Disclaimer.