Terms of Use

BY ACCESSING OR USING https://agentsmart.pro/ YOU REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO ACT TO BIND YOURSELF, ANY THIRD PARTY, COMPANY, OR LEGAL ENTITY, AND THAT YOUR USE AND/OR INTERACTION, AS WELL AS CONTINUING TO USE OR INTERACT, WITH THE SITE CONSTITUTES YOUR HAVING READ AND AGREED TO THESE TERMS OF USE AS WELL AS OTHER AGREEMENTS THAT WE MAY POST ON THE SITE.BY VIEWING, VISITING, USING, OR INTERACTING WITH https://agentsmart.pro/ OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF https://agentsmart.pro/.https://agentsmart.pro/ SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998.https://agentsmart.pro/ RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY LAWFUL REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, https://agentsmart.pro/ IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.THIS TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO ACCESS https://agentsmart.pro/, TO KEEP THEMSELVES INFORMED OF SUCH CHANGES BY REVIEWING THIS TERMS OF USE PAGE EACH TIME THEY VISIT https://agentsmart.pro/.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate the owners of https://agentsmart.pro/ with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing https://agentsmart.pro/ and that accessing https://agentsmart.pro/ constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website’s owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink https://agentsmart.pro/, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities, and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the owners of https://agentsmart.pro/ with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing https://agentsmart.pro/ and that accessing https://agentsmart.pro/ constitutes acceptance.

DISCLAIMER FOR CONTENTS OF SITE

https://agentsmart.pro/ disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on https://agentsmart.pro/. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty. DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS. We assume no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with https://agentsmart.pro/, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from https://agentsmart.pro/ at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with https://agentsmart.pro/, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our website or service. Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.

INDEMNIFICATION

Visitor agrees that in the event he causes damage to us or a third party as a result of or relating to the use of https://agentsmart.pro/, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the owner of https://agentsmart.pro/. In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner of https://agentsmart.pro/’s address. APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner of https://agentsmart.pro/.

GDPR and Agent Smart AI Chatbot

What is GDPR?

GDPR stands for General Data Protection Regulation. A new law enforced by EU to protect end user’s personal data. This law enforce several aspect of data security. Here we want to give a guideline how we protect your data, what is our responsibility and what is your responsibility. We strongly suggest you read all our documentation or other article about GDPR and take decision whether you want to use our application or not. We are not responsible for any negligence or fault on data protection on your side or any third party side.  Take your time to read documentation and act wisely, stay safe.

Definition of Personal Data:

Any data owned by an individual is his or her personal data. It could be someone’s name, image, email address, physical address, social media post, location, computer IP address etc. The ownership of user’s personal data is absolute. That means wherever and however the data is saved it belongs to the user solely. The data collector or data user (facebook, youtube) cannot show, save, share or perform any other activity with user’s personal data without user’s explicit or implicit permission. If an user gives permission to use his or her data on specific type of action (data storing, data viewing etc) then it can be used by the admin of the application. To visualize this consider a hypothetical situation. You post a status on social media. Here you have given the implicit permission to show the post to your public or private contacts. Application admin is not responsible for any abusive comment to your post made by your contacts. This means that if you made your data public then it is your responsibility. But application admin do hold responsible for any data sharing with third party. If any data is shared it must be said explicitly in advance. So we see the how data uploading and showing depends on both app admin and user. Further details you will get upon reading the full documentation.

Responsibility of Developer:

The safeguard of user personal data on application back end is the responsibility of developer. Developer is responsible for how the user data (name, telephone no. email etc ) and other info ( like logs of user interaction with application ) is stored on database and server. We will describe in detail how the data you submit directly (name, email etc.) and indirectly (browser name, computer IP etc.) are saved on database and server.  Once any data uploaded to server the security of data depends on security of server and sometimes the admin of application. User will be notified about all the temporary (cookie and session) and permanent (data saved to database) data saving. User will get the option of all his or her personal data erasing permanently upon account deletion or service cancellation. We assure you that we do not keep logs of user activity and any other backdoor to extract user data. Sometime cpanel access and other credential of app admin is needed by the developer to support and maintaining of the application for short time before the application goes full online. We strongly recommend to app admin to change these credential after the job get done. Developer cannot be held responsible for any credential leak on this ground. Developer also cannot be held responsible for any unwilling security glitch on the application. After all, data shared online always has the risk of getting leaked. So we strongly suggest not to share any data that can compromise you any other individual.

Responsibility of Application Admin:

Application Admin has unrestricted access the user personal data. Admin can access to database, server logs and any other info on admin’s reach. Application admin can see and copy the data saved on database and server. App admin can share user’s personal data to third parties. How the user’s data is used must be announced by the app admin explicitly before user registration. The admin should not allow anyone to extract data openly or under disguise of survey, fill the form or any other means. The app admin enjoys most privilege on application. So admin has the highest responsibility of safekeeping of user’s personal data.

User’s Responsibility:

It’s all depends on user. If user do not submit data then there will be no data breach. But this is not an option. The top most priority of user is to read all the documentation from both app developer and app admin then submit the data. Safe keeping of user’s own credential is sole responsibility of user. Password and username may be encrypted on database but a dictionary word or too predictable password for a specific user can give easily access to user’s account to hacker. Change your credential on any suspicious activity by unauthorized person or in case of you share your credential to other for some inevitable reason. Always think before submit.  

Our Action on GDPR:

• Collect as less data as possible. Tell the user necessity or collecting specific data.
• Enforce https
• Destroy all session and cookies after logout.
• Do not track user activity for commercial purpose.
• Tell users of any logs that saves computer ip and location.
• Clear terms and condition.
• Inform user about any data sharing with third parties.
• Create clear policies about data breaches.
• Delete data on cancelling subscription or account deletion.
• Patch web vulnerabilities.

Supported GDPR Features:

Adios, Application: Once you cancel your subscription or delete account we give you option to delete all your data existing or related to your account. Note that, this action is irreversible. The moment you say yes to delete all your data will be erased from the database and server forever. You can back up data before delete in case of re subscribe or re-register.

Secrecy is my right: We encrypt most of your personal data on database. If any bad things occur (data breach) then the hacker will get encrypted hash not your personal on plain text. So your secrecy will intact even in case of data breach. Note that, some data cannot be encrypted because we need to show it upon login to account (like username). We will hide all your personal data as much as possible.

No cookie and session saving: We will give option to save or do not save cookie and session. Even if you save cookie and session these will be destroyed after logout. We strongly suggest you not save your credential in browser. Please memorize your credential or use tools like lastpass to manage your credential.

Destroy footprints: We do not save or track any of your activity for any commercial purpose. We may store your login time or IP for security purpose only. When you delete your account every single piece of your data will be deleted from server.

Social engineering is bad: We do not record any of your personal activity on the application. Recording user’s personal activity, analyzing it and try to sell a product or motivating user to pursue a certain thought upon analyzed data is becoming a malpractice. We do not do such things.

Notify me: Get notified about all your activity relating to your account (account creation, password change) by email. We suggest you to change your credential if any unusual things occur.

Policy Update notification: You will get notified on any privacy policy or disclaimer updates. Read your email regarding to this matter and decide your action. Feel free to consult on this matter.

Connect without worry: We enforced HTTPS everywhere. Data sniffing is not possible on this case. Even possible, the sniffer will get encrypted hash. So feel safe to use our application.

No data collecting: We do not collect any data of user.  No backdoor, No hidden option to collect data. Once the application is uploaded to server even we cannot enter to application without app admin password. So do not worry about any hidden data leak.

Data breach policy: We implement all the security to store your data carefully on database (data encryption, MySQLi, SQL injection prevention, input checking etc.). But we do not take any responsibility of data breaches from server. Because it is total responsibility of app admin and server admin to secure your data from breaching. Any weak or too predictable password of app admin or server admin could compromise database. Any inherent fault on database config can give away the database (MongoDB security fault). Any security flaw on server can lead to data leaking. Please contact your app admin on this regard.

Is sending bulk message to Facebook leads using our system GDPR compliant?

 Yes, sending bulk message using our system is GDPR compliant. Because people OPTIN to our Facebook page by starting messenger conversation and we can prove it. They become our lead in a valid way. All the message we sent must have unsubscribe link (we already have this feature) or other way so that people can unsubscribe any time.