Contents
Website Use
02
Privacy
03
Intellectual Property
04
Third-Party Websites and Services
05
Disclaimer of Warranties
06
Limitation of Liability
07
Indemnification
08
Governing Law and Dispute Resolution
09
Changes to These Terms
10
Feedback
11
Severability and Waiver
12
Assignment
13
Entire Agreement
14
Contact Us
Version 4.2
Supersedes all prior versions.
LEGAL
Last updated: August 31, 2026
These Terms of Use (“Terms”) govern your access to and use of the website located at www.besmartee.com and any webpages operated by BeSmartee, Inc. that link to these Terms (collectively, the “Website”).
The Website is owned and operated by BeSmartee, Inc. (“BeSmartee,” “we,” “us,” or “our”). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you should not access or use the Website.
By accessing or using our Services, you agree to the terms of this Privacy Policy. If you disagree with any part of this policy, you may not access our Services.
01
The Website provides information about BeSmartee, our technology, products, services, and related resources.
These Terms govern your use of the public Website only. Access to and use of BeSmartee products, software, platforms, and services are subject to separate agreements between BeSmartee and its customers or authorized users, including applicable master service agreements, license agreements, or other contractual terms.
Nothing in these Terms grants you any right to access or use BeSmartee’s proprietary software or services.
You must be at least 18 years old to use the Website. By accessing or using the Website, you represent that you are at least 18 years of age and have the legal capacity to agree to these Terms.
You agree not to use the Website:
02
Your access to and use of the Website are also subject to our Privacy Policy, which describes how BeSmartee may collect, use, disclose, and otherwise process personal information.
By using the Website, you acknowledge that you have reviewed our Privacy Policy.
Where applicable, additional information regarding cookies and similar technologies may be provided through our Cookie Policy or cookie preference tools.
03
The Website and its contents, including text, graphics, logos, icons, images, videos, software, product names, designs, trademarks, service marks, and other materials, are owned by or licensed to BeSmartee and are protected by applicable intellectual property laws.
Except as expressly permitted by BeSmartee in writing, you may not copy, reproduce, modify, distribute, publish, display, transmit, create derivative works from, sell, license, or otherwise exploit any portion of the Website or its content.
Nothing contained on the Website grants you any license or right to use any BeSmartee trademark, service mark, logo, product name, or other intellectual property without BeSmartee’s prior written consent.
04
The Website may contain links to third-party websites, applications, services, or resources. These links are provided for convenience and informational purposes only.
BeSmartee does not control and is not responsible for the content, privacy practices, security, availability, products, or services of third parties. Your use of third-party websites or services is subject to the terms and policies of those third parties.
The inclusion of a link does not necessarily constitute or imply BeSmartee’s endorsement of the third party or its products or services.
05
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
BESMARTEE DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT.
BESMARTEE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, VIRUS-FREE, OR FREE FROM OTHER HARMFUL COMPONENTS, OR THAT INFORMATION PROVIDED THROUGH THE WEBSITE WILL ALWAYS BE COMPLETE, ACCURATE, CURRENT, OR RELIABLE.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions above may not apply to you.
06
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BESMARTEE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE.
THIS INCLUDES, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF BESMARTEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Where applicable law does not permit certain exclusions or limitations of liability, BeSmartee’s liability will be limited to the fullest extent permitted by law.
07
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless BeSmartee and its officers, directors, employees, affiliates, representatives, and agents from and against claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
You may not settle any such claim in a manner that imposes liability or obligations on BeSmartee without BeSmartee’s prior written consent.
08
These Terms are governed by the laws of the State of California and applicable federal laws of the United States, without regard to conflict-of-law principles.
Before initiating formal legal proceedings relating to these Terms, you and BeSmartee agree to make reasonable efforts to resolve the dispute informally. Except for claims involving intellectual property rights, requests for injunctive relief, or other circumstances in which immediate legal relief may be appropriate, neither party may initiate formal proceedings until at least thirty (30) days after providing written notice of the dispute to the other party.
Notices to BeSmartee should be sent to:
BeSmartee, Inc.
Attn: Legal Department
31371 Rancho Viejo Rd #204
San Juan Capistrano, CA 92675
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
09
BeSmartee may modify these Terms from time to time.
When we make changes, we may update the “Last Updated” date at the top of this page. Your continued use of the Website following the effective date of revised Terms constitutes your acceptance of the revised Terms to the extent permitted by applicable law.
We encourage you to review these Terms periodically.
10
BeSmartee welcomes feedback regarding our Website, products, and services.
If you voluntarily provide suggestions, ideas, comments, or other feedback to BeSmartee, you grant BeSmartee the right to use that feedback for any lawful purpose without restriction, compensation, or attribution to you.
11
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
A failure by BeSmartee to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.
12
You may not assign or transfer these Terms or any rights granted under them without BeSmartee’s prior written consent.
BeSmartee may assign or transfer these Terms and its rights and obligations under them in connection with a merger, acquisition, corporate reorganization, sale of assets, or otherwise as permitted by applicable law.
13
These Terms, together with our Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and BeSmartee regarding your use of the Website.
These Terms do not supersede or modify any separate agreement governing a customer’s or authorized user’s access to BeSmartee products or services.
14
If you have questions, comments, or concerns regarding these Terms or the Website, please contact:
BeSmartee, Inc.
Attn: Legal Department
31371 Rancho Viejo Rd #204
San Juan Capistrano, CA 92675
Email: info@besmartee.com
Communications sent by email or through the Website’s messaging systems do not constitute formal legal notice to BeSmartee unless expressly agreed otherwise in writing. Formal legal notices should be delivered in accordance with the notice requirements described in these Terms or an applicable agreement.
© 2026 BeSmartee, Inc. All rights reserved.
Terms of Service