SmartClaim.uk

Software as a Service Terms and Conditions

These terms and conditions, order form, and any other terms and policies referred to herein, form the agreement between SMARTCLAIM TECHNOLOGY LTD, a company incorporated in England whose registered office is at 52a Westerham Road, Sevenoaks, England, TN13 2PZ ("Supplier") and the user ("Customer"), collectively referred to as the Parties or each a Party, (the "Agreement").

The Supplier owns and holds the relevant rights to the Software and has agreed to grant a licence to the Customer to use Supplier's Services in its business operations.

By accessing and/or using the Services the Customer warrants to the Supplier that it has reviewed this Agreement, including the End User Licence and Privacy Policy and agrees to the Services in accordance with this Agreement.

Agreed Terms

Definitions and Interpretation
1. Authorised Users: those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services, as further described in clause 3.2.3.
2. Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
3. Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 11.
4. Customer Data: the data inputted by the Customer, Authorised Users, or the Supplier on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services.
5. Data Protection Laws: all relevant data protection laws, regulations and rules which may apply to the Parties, including but not limited to the UK Data Protection Act 2018, the General Data Protection Regulation 2016/679, and the Privacy and Electronic Communications (EC Directive) Regulations 2003. "Personal Data" and "Personal Sensitive Data" shall mean as defined within the Data Protection Laws.
6. Effective Date: means the date agreed by the parties for the Services to start and as shown on the Order Form.
7. Initial Subscription Term: the initial term (if any) of this Agreement as set out in the Order Form.
8. Normal Business Hours: 9.00 am to 6.00 pm local UK time, each Business Day.
9. Order Form: means a form setting out the details of the Services requested by the Customer and certain other terms of the Agreement.
10. Renewal Period: the period described in clause 14.1.
11. Services: the online software subscription services provided by the Supplier to the Customer via the internet under this Agreement.
12. Software: the online software platform provided by the Supplier as part of the Services, to include the Supplier's website at smartclaim.uk and any other technology platform through which the Services are provided.
13. Special Terms: means any terms that may be set out or referred to in an Order Form and/or that may be attached to this Agreement, and which may modify or supplement this Agreement.

Subscription Fees: the subscription fees payable by the Customer to the Supplier for the User Subscriptions, as set out in Order Form.
Subscription Term: has the meaning given in clause 14.3 (being the Initial Subscription Term together with any subsequent Renewal Periods) and as set out in the Order Form.
Usage Volume: the total number of new claims or actions generated by the Customer during the Subscription Term, as agreed in the Order Form.
User Subscriptions: the user subscriptions purchased by the Customer pursuant to clause 10.1 which entitle Authorised Users to access and use the Services in accordance with this Agreement.
Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by rearranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

Interpretation
1. In the event of any inconsistency or conflict among the provisions of this Agreement, any Order Form, and/or any Special Terms, the following order of precedence shall apply: (i) the Special Terms; (ii) the Order Form; and (iii) this Agreement.
User subscriptions
1. Subject to the Customer purchasing the User Subscriptions in accordance with clause 4.3 and clause 10.1, the restrictions set out in this clause 3, and the other terms and conditions of this Agreement, the Supplier hereby grants to the Customer a non-exclusive, non-transferable right and licence to permit the Authorised Users to use the Services during the Subscription Term solely for the Customer's internal business operations.
2. In relation to the Authorised Users, the Customer undertakes that:
  1. the maximum number of Authorised Users that it authorises to access and use the Services shall not exceed the number of User Subscriptions it has purchased from time to time;
  2. it will not allow or suffer any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services;
  3. it shall maintain a written, up to date list of current Authorised Users and provide such list to the Supplier within a reasonable timeframe of the Supplier's written request at any time or times.
3. The Customer shall not:
  1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the Parties and except to the extent expressly permitted under this Agreement:
    1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
    2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software or the Services; or
    3. access all or any part of the Services in order to build a product or service which competes with the Services; or
    4. subject to clause 3.1, licence, sublicense, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or
    5. otherwise make the Services available to any third party except the Authorised Users, or
    6. attempt to obtain, or assist third parties in obtaining, access to the Services, other than as provided under this clause 3; or
    7. introduce or permit the introduction of any Virus into the Services or the Supplier's network and information systems.
4. The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services in the event of any such unauthorised access or use, promptly notify the Supplier.
5. The rights provided under this clause 3 are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.
Additional user subscriptions
1. Subject to clause 4.2 and clause 4.3, the Customer may, from time to time during any Subscription Term, purchase additional User Subscriptions in excess of the number set out in the Order Form and the Supplier shall grant access to the Services to such additional Authorised Users in accordance with the provisions of this Agreement.
2. If the Customer wishes to purchase additional User Subscriptions, the Customer shall notify the Supplier in writing. The Supplier shall evaluate such request for additional User Subscriptions and respond to the Customer with approval or rejection of the request, such approval not to be unreasonably withheld.
3. If the Supplier approves the Customer's request to purchase additional User Subscriptions, the Customer shall, within 30 days of the date of the Supplier's invoice, pay to the Supplier the relevant fees for such additional User Subscriptions as set out in the Order Form and, if such additional User Subscriptions are purchased by the Customer part way through the Initial Subscription Term or any Renewal Period (as applicable), such fees shall be pro-rated from the date of activation by the Supplier for the remainder of the Initial Subscription Term or then current Renewal Period (as applicable).
Services
1. The Supplier shall, during the Subscription Term, provide the Services to the Customer on and subject to the terms of this Agreement.
2. Usage Volume is monitored based on the number of Generative AI calls made. If the Customer exceeds this limit, the Supplier will engage in discussions to renegotiate pricing for any additional usage beyond the agreed limit.
3. The Services are provided over the internet, and as such, the quality and availability of such may be affected by factors beyond the Supplier’s reasonable control, including but not limited to network interruptions, third-party service failures, or other unforeseen technical issues. The Supplier shall of course use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
  1. any planned maintenance; and
  2. unscheduled maintenance performed outside Normal Business Hours, provided that the Supplier has used reasonable endeavours to give the Customer reasonable notice in advance.
Data Protection
1. Both Parties shall comply with its obligations under the Data Protection Laws and the Supplier’s Privacy Policy.
2. The Customer acknowledges and agrees that any Personal Data provided by the Customer to the Supplier in connection with the provision of the Services will be processed by OpenAI under its enterprise plan in accordance with applicable Data Protection Laws and by using the Services the Customer consents to OpenAI acting as a sub-processor of the Supplier.
3. The Supplier shall only process Personal Data as necessary to provide the Services in accordance with this Agreement and the Customer’s instructions.
4. The Supplier shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, to protect personal data from unauthorised access, accidental loss, destruction, or damage.
Supplier’s obligations
1. The Supplier shall perform the Services with reasonable skill and care.
2. The Supplier uses Generative AI as part of its Services. While the Supplier shall comply with clause 7.1, it does not provide any warranties as to the content that Generative AI produces. The Customer acknowledges and agrees that they are solely responsible for reviewing, verifying, and assessing the output before relying on or using it for any purpose.
3. The Customer acknowledges and agrees that the any results provided by the Supplier to the Customer are for informational purposes only and should not be considered legal advice. The Customer should seek independent legal advice for any legal matters.
4. The Supplier shall not be liable for any non-conformance which is caused by use of the Services contrary to the Supplier's instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Services do not conform with the terms of clause 7.1, Supplier will, at its expense, use reasonable commercial endeavours to correct any such non-conformance promptly. Such correction constitutes the Customer's sole and exclusive remedy for any breach of the undertaking set out in clause 7.1.
5. The Supplier is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
6. The Supplier warrants that it has and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under this Agreement.
Customer’s obligations
1. The Customer shall:
  1. provide the Supplier with all necessary co-operation and access to such information in relation to this Agreement in order to provide the Services;
  2. without affecting its other obligations under this Agreement, comply with all applicable laws and regulations with respect to its activities under this Agreement;
  3. carry out all other Customer responsibilities set out in this Agreement in a timely and efficient manner. In the event of any delays in the Customer's provision of such assistance as agreed by the Parties, the Supplier may adjust any agreed timetable or delivery schedule as reasonably necessary;
  4. ensure that the Authorised Users use the Services in accordance with the terms and conditions of this Agreement and shall be responsible for any Authorised User's breach of this Agreement;
  5. obtain and shall maintain all necessary licences, consents, and permissions necessary for the Supplier, its contractors and agents to perform their obligations under this Agreement, including without limitation the Services;
  6. ensure that its network and systems comply with the relevant specifications provided by the Supplier from time to time; and
  7. be, to the extent permitted by law and except as otherwise expressly provided in this Agreement, solely responsible for procuring, maintaining and securing its network connections and telecommunications links from its systems to the Supplier's data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet.
2. The Customer shall own all right, title and interest in and to all of the Customer Data that is not personal data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such Customer Data.
3. The Customer acknowledges and agrees that the Supplier’s Software generates output data based on the Customer’s inputted data. In the event of an HMRC inquiry into a research and development tax relief claim prepared and submitted by the Customer using such output data, the Supplier shall not be liable for any consequences arising from such investigation, in accordance with clause 13.3.
Charges and payment
1. The Customer shall pay the Subscription Fees to the Supplier for the User Subscriptions in accordance with this clause 9.
2. The Subscription Fees shall be exclusive of any Value Added Tax which may be payable in connection with the supply of the Services by the Customer. Unless otherwise specified in the invoice, all amounts payable by the Customer excludes amounts in respect of value added tax (VAT).

The Supplier shall issue invoices for the Subscription Fees as set out in the Order Form.
Payments are due as specified in the Order Form. If the Customer fails to pay any amount due under this Agreement, the Supplier shall reserve the right to revoke any licences granted under this Agreement. The Supplier shall be entitled to increase the Subscription Fees and the fees payable in respect of the additional User Subscriptions purchased pursuant to clause 4.3 at the start of each Renewal Period upon 90 days' prior notice to the Customer.

Intellectual Proprietary rights
1. The Customer acknowledges and agrees that the Supplier and/or its licensors owns all intellectual property rights in the Software. The Customer is granted a non-exclusive, non-transferable licence to use the Software solely in accordance with the terms of this Agreement. Except as expressly stated herein, this Agreement does not grant the Customer any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software and/ or Services.
2. The Supplier confirms that it has all the rights in relation to the Services that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of this Agreement.
3. The Customer shall retain ownership of all intellectual property rights in the data or information inputted into the Supplier’s Software as well as the output generated from such input.
4. The Supplier shall not be liable for any third party claims or disputes relating to the Customer's input or output data in the Software. The Customer assumes full responsibility for ensuring that their use of the input and output data does not infringe upon third party intellectual property rights.
Confidential Information
1. Each Party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other Party or of any member of the group to which the other Party belongs, except as permitted by clause 11.2. For the purposes of this clause, group means, in relation to a Party, that Party, any subsidiary or holding company from time to time of that Party, and any subsidiary from time to time of a holding company of that Party.
2. Each Party may disclose the other Party's confidential information:

to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the Party's obligations under this Agreement. Each Party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other Party's confidential information comply with this clause 11.2;
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority;
If the information was already known or available to the receiving Party otherwise than through a breach of any confidentiality obligation owed to the disclosing Party;
If the information is or becomes in the public domain other than through any breach of this Agreement; and
If the information is disclosed to the recipient without any obligation of confidence to the disclosing party by a third party who is not itself under or in breach of any obligation of confidentiality.
1. No Party shall use any other Party's confidential information for any purpose other than to perform its obligations under this Agreement.
2. The Supplier warrants that:
  1. the Customer’s confidential information, including but not limited to customer-specific data or materials, shall not be disclosed to any third party.
  2. it shall not use such information for the purposes of training AI models.
3. Confidential information processed by the Supplier’s Open AI Enterprise plan is kept secure and not used for AI model training.
4. The Supplier shall exercise reasonable care to prevent cyberattacks through the use of encryption, security protocols, and other safeguards designed to protect the Customer's confidential information. However, in the event of a cyberattack or security breach, the Supplier’s liability shall be limited to pursuant to clause 13.
5. Nothing in this clause 11 shall override the Parties' obligations under the Data Protection Laws.
6. Subject to clauses 11.3, no Party shall make, or permit any person to make, any public announcement concerning this Agreement without the prior written consent of the other Party (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
7. The Customer may make a public reference to the fact that itr is using the Services.The Supplier may publicly reference the Customer’s use of the Supplier’s Services subject to the prior written approval of the Customer and pursuant to any confidentiality obligations set out in this Agreement. Any reference made by one Party shall not bring the other Party into disrepute or damage its reputation.

Indemnity
1. The Customer shall indemnify and hold the Supplier harmless against any claims, actions, losses, or costs (including court fees and reasonable legal expenses) arising from the Customer's use of the Services and otherwise any breach of the terms of this Agreement, provided that:
  1. the Customer is promptly notified of the claim;
  2. the Supplier provides reasonable cooperation at the Customer’s expense; and;
  3. the Customer has sole authority to defend or settle the claim.
2. Subject to clause 13, the Supplier shall indemnify the Customer against any claims that the use of the Software infringes any UK intellectual property rights, provided that:
  1. the Supplier is promptly notified of the claim;
  2. the Customer does not admit liability or settle the claim and provides reasonable cooperation at the Supplier’s expense; and
  3. the Supplier has sole authority to defend or settle the claim.
Limitation of liability
1. Except as expressly stated in this Agreement:
  1. The Customer assumes full responsibility for results obtained from using the Services, and for any conclusions drawn from such use. The Supplier is not liable for damage caused by errors or omissions in Customer Data, or actions taken at the Customer's direction.
  2. All implied warranties, conditions, and terms are excluded to the fullest extent permitted by law.
  3. The Services are provided on an "as is” basis.
2. The Supplier’s liability is not excluded for death or personal injury caused by the Supplier’s negligence or fraud or fraudulent misrepresentation.
3. The Supplier is not liable for any loss of profits, business, wasted expenditure, goodwill, data, or any special, indirect, or consequential loss.
4. The Supplier’s total liability shall be limited to the total Fees paid by the Customer in the 12 months preceding the claim.
5. Liability under this clause includes all forms of liability, including contract, tort, negligence, misrepresentation, and restitution.
Term and Termination
1. This Agreement shall start on the Effective Date and shall continue for the Initial Subscription Term as set out in the Order Form and, thereafter, this Agreement may be renewed for successive periods (each a Renewal Period) upon mutual agreement between the Parties.
2. Either Party can terminate this Agreement in accordance with the Order Form.
3. Notwithstanding clause 14.2, if any Party breaches the terms of this Agreement, the other Party can terminate the Agreement immediately. If either Party is dissolved, ceases conduct of all of its business, is unable to pay its debts, or becomes insolvent, the Agreement will be terminated.
4. The Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.
5. On termination of this Agreement for any reason:
  1. all licences granted under this Agreement shall immediately terminate and the Customer shall immediately cease all use of the Services;
  2. each Party shall return and make no further use of any equipment, property, and other items (and all copies of them) belonging to the other Party;
  3. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
General
1. Force majeure

Neither Party shall be in breach of this Agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for two weeks, the Party not affected may terminate this Agreement by giving 2 days written notice to the affected Party.

Conflict
1. If there is an inconsistency between any of the provisions in the main body of this Agreement and the Order Form, the provisions in the main body of this Agreement shall prevail.
Variation

No variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives).

Waiver
1. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:

a) waive that or any other right or remedy; or

b) prevent or restrict the further exercise of that or any other right or remedy.

Rights and remedies

Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

Entire agreement
1. This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.
2. Each Party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
Assignment
1. Save as provided in clauses 15.7.2 and 15.7.3, neither Party may subcontract, assign, transfer, novate, grant any trust over, or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the other Party, such request not to be unreasonably withheld or delayed.

Notwithstanding clause 15.7.1, either Party may assign, transfer, novate, grant any trust over, or otherwise deal with its rights and obligations under this Agreement, in part or in full, without the prior written consent of the other Party to an acquirer of assets or a successor by merger.

The Supplier shall be entitled to subcontract its non-material obligations under this Agreement to any third party or engage third party agents or subcontractors without obtaining the Customer’s prior consent.

No partnership or agency

Nothing in this Agreement is intended to or shall operate to create a partnership between the Parties, or authorise either Party to act as agent for the other, and neither Party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Third party rights
1. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Counterparts
1. This Agreement may be executed in any number of counterparts, each of which shall constitute a duplicate original, but all the counterparts shall together constitute the one Agreement.
2. The executed signature page of a counterpart of this Agreement] by email (in PDF, JPEG or other agreed format) shall take effect as the transmission of an executed "wet-ink" counterpart of this Agreement.
Notices
1. Any notice of termination of this Agreement by the Customer must be delivered to the Supplier by email on [email protected] or any alternative email address designated by the Supplier for this purpose from time to time and must be given by an authorised signatory of the Customer.
2. Without prejudice to clause 15.11.1, any notice or other communication given to a Party under or in connection with this Agreement shall be in writing, addressed to that Party at its registered office or such other address as that Party may have specified to the other Party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.
3. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 15.11.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by or email, one Business Day after transmission.
4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Governing Law

This Agreement is to be governed by and construed in accordance with English law.

14.13 Dispute Resolution

In the event of any dispute or claim, the Parties shall first attempt to resolve the matter through good faith negotiations. Should those negotiations fail, the Parties agree that the courts of England and Wales will have exclusive jurisdiction over any disputes.

SmartClaim End User Licence Agreement

Last updated: 17-09-2024

These terms and conditions (“Terms”) govern your use of the website (“Website”) provided by Smartclaim Technologies Ltd (‘SmartClaim”) and sets out a list of acceptable and unacceptable conduct of our Website.

Acceptance of Terms

By accessing or using the Website you agree to be bound by these Terms.

SmartClaim may change the Terms at any time by posting a revised version on the Website. Any change shall come into effect and be deemed accepted if you continue using the Website after the revised version is posted.

Please review these Terms carefully before using the Website, and continue to check here periodically for any updates.

User Accounts

Before you start using the Website, you must create and/or activate your account.

You will be asked to provide your first and last name, and email address.

If you are provided with, or create, a password or any other security information during registration, you must treat it as confidential. Your account is personal to you, and you should not allow others to access it. To protect your account, we recommend logging out after using the Website, especially if accessing it from a shared device.

It is your responsibility to immediately inform SmartClaim team at [email protected], if you think your personal information, including but not limited to account details, access credentials or personal data, have been violated, unduly disclosed or stolen.

Licence

SmartClaim grants you a non-exclusive, non-transferable, royalty-free and revocable licence to use the Website in accordance with these Terms.

All trademark rights, copyright, database rights, and any other intellectual property rights of any nature vesting in the Website together with the underlying software code are exclusively owned by SmartClaim and / or its group of companies (as prescribed between them).

Conditions of Use

You will comply with the following conditions at all times:

You will comply with all applicable laws and regulations and will not use the website for any improper or fraudulent purposes;
You acknowledge that your use of the Website may be subject to third-party terms;
You will not (and not allow third parties on your behalf to):
1. attempt to copy, rent, sub-licence, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Website; or
2. create derivative works of the Website of any kind whatsoever; or
3. attempt to gain unauthorised access to the Website, networks, systems or data, or use the Website to compromise the security of any system or network; or
4. transmit or introduce any viruses, malware, worms, or other harmful or destructive code through the Website.

You acknowledge and agree that:

The Website is provided over the internet and therefore the quality and availability of the Website may be affected by factors outside of SmartClaim’s reasonable control.
SmartClaim, its group of companies and subcontractors do not accept any responsibility whatsoever for unavailability of the Website, or any difficulty or inability to download or access content or any other communication system failure which may result in the Website being unavailable.

To the maximum extent permitted by law, SmartClaim excludes all implied warranties in relation to the Website. The Website and software are provided “as is” and “as available” without warranty of any kind.

Your use of the Website is governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and disclose personal information.

Termination

We reserve your right to terminate or suspend access to the Website at any time, for any reason, including but not limited to any breach of these Terms.

Disclaimers

We aim to provide accurate and up-to-date information, but we cannot guarantee the completeness, accuracy, or reliability of the content on the Website. No information displayed or shared within the Website should be considered as financial or legal advice.

Limitation of Liability

To the maximum extent permitted by law, SmartClaim shall not be liable for any direct, indirect, indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues arising out of your use of the Website.

Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales, and the English courts shall have exclusive jurisdiction over any dispute.

Contact Information:

If you have any questions or concerns regarding these Terms, please contact us at [email protected].

SmartClaim Privacy Policy

This privacy policy (“Privacy Policy”) gives you information about how Smartclaim Technology Ltd (“SmartClaim”) collects and uses your personal data (“Personal Data”) through your use of this website (“Website”), including any data you may provide when you register with us.

By using the Website, you agree to the collection and use of your Personal Data in accordance with this Privacy Policy. Please take the time to review this document carefully. If you have any questions or concerns, you can contact us using the details provided below.

Please note that this Privacy Policy may be updated from time to time. Any changes will be posted on this page, and we encourage you to review it periodically to stay informed of any updates.

What is Personal Data?

‘Personal Data’ means any information about an individual from which that person can be identified.

We may collect, use, store and transfer different kinds of Personal Data about you which we have grouped together as follows:

Identity Data includes first name, last name, any previous names, username, title, date of birth and gender.
Contact Data includes billing address, delivery address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, device ID and other technology on the devices you use to access this website.
Usage Data includes information about how you interact with and use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share aggregated data such as statistical or demographic data which is not Personal Data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals' Usage Data to calculate the percentage of users accessing a specific website feature in order to analyse general trends in how users are interacting with our Website to help improve the Website and our services.

It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us, for example a new email address.

How is your Personal Data collected?

We use different methods to collect data from and about you including through your interactions with us.

You may give us your personal data by filling in online forms or by corresponding with us by post, phone, email or otherwise. This includes Personal Data you provide when you:

create an account on our website;
subscribe to our services;
request marketing to be sent to you;
give us feedback or contact us.

As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies. We comment further on this below.

How we use your Personal Data

The law requires us to have a legal basis for collecting and using your Personal Data. We rely on one or more of the following legal bases:

Performance of a contract with you. Where we need to perform the contract we are about to enter into or have entered into with you.
Legitimate interests. We may use your Personal Data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience.
Legal obligation. We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.

Generative AI

We may use Generative AI to process your Personal Data, but we will not make any important decisions about you based solely on this automated processing, especially if it could impact on your legal rights.

If we do need to use AI for decisions, it will only be where:

It is necessary to fulfil a contract with you;
We are required by law; or
You've given us permission to do so.

Even then, we will implement appropriate safeguards to protect your rights.

International transfers

We may transfer your Personal Data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside the UK to countries which have laws that do not provide the same level of data protection as the UK law.

Whenever we transfer your Personal Data out of the UK to service providers, we ensure a similar degree of protection is afforded to it by ensuring that the following safeguards are in place:

We will only transfer your Personal Data to countries that have been deemed by the UK to provide an adequate level of protection for personal data; or
We may use specific standard contractual terms approved for use in the UK which give the transferred personal data the same protection as it has in the UK.

Data retention

We will only retain your Personal Data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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enhance your user experience and for analytics / functional purposes; and
send you details of services or products which we consider you may be interested in (unless you have specifically asked not to receive such communications)

You can manage your cookie preferences (including whether we may collect cookies for marketing or other promotional purposes) through your browser settings, but this may affect how our Website works for you.

Your legal rights

You have a number of rights under data protection laws in relation to your Personal Data.

You have the right to:

Access and Update:You can ask us for a copy of your Personal Data, and ask us to update it where necessary.
Delete: You can ask us to delete your Personal Data and we will, unless we are prevented from doing so by our legal or regulatory obligations.
Opt-Out: You can stop receiving marketing messages by contacting us at the email/postal address below, changing your settings for the Website, or clicking the unsubscribe link in any message.
Transfer: You can ask us to provide a copy of your Personal Data in a format that you can take to another service.
Complain: If you are not happy with how we handle your data, you can complain to us, and if you're still not satisfied, you can complain to the data protection authority (below).

Third-party links

This Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Contact Information

If you have any questions or concerns regarding this policy, please contact us at [email protected]

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