Before you dive into the ‘tough’ sections let’s start with the basics, including a few definitions that should help you understand these terms. Smartocto (“smartocto” or the “Service”) is an online notification dashboard – or companion application – offered through the URL smartocto.com (“the Website”) that allows you to real time monitor your online stories on a variety of (social) channels (i.e. newsletter, homepage, mobile app, Facebook, Twitter or YouTube) and get act suggestions to improve the story impact.
Smartocto and the Website are owned (or licensed to) and operated by SmartOcto BV (“we”, “us”). We are registered in The Netherlands under company number 64307700 and have our registered office at Vrouwe Udasingel 207, 6663 GT Lent, The Netherlands.
SmartOcto BV reserves the right to make changes or updates with respect to or in the Content of the Service or the format thereof at any time without notice. SmartOcto BV reserves the right to terminate or restrict access to the Service for any reason whatsoever at its sole discretion.
This Service or the Website may provide links to other websites that are not under the control of SmartOcto BV. SmartOcto BV shall not be responsible in any way for the content of such other websites. SmartOcto BV provides such links only as a convenience to the user of this Website, and the inclusion of any link to any such websites does not imply endorsement by SmartOcto BV of the content of such websites.
By using the YouTube-component as one of the many connections in smartocto for processes the title, description and statistics for the users videos, the user agrees and accepts at the login proces to be bound by the YouTube Terms of Service; is aware that smartocto will use the YouTube API Services.
Although care has been taken to ensure the accuracy of the information on this Website and the Service, SmartOcto BV hereby, to the fullest extent permitted by law, expressly excludes all liability in this respect. All Content is provided ‘as is’ and ‘as available’. SmartOcto BV hereby expressly disclaims any representations or warranties of any kind, express or implied, including warranties of availibity, merchantability, fitness for any particular purpose, non-infringement, or as to the operation of the Website, this Service or the Content. SmartOcto BV does not warrant or make any representations as to the security of the Website or this Service unless it has stated a particular function is encrypted. You acknowledge any information sent may be intercepted. SmartOcto BV does not warrant that the Service or the servers which make this Website available or electronic communications sent by SmartOcto BV are free from viruses or any other harmful elements.
In no event shall SmartOcto BV or any of its affiliates be liable for any indirect, consequential, punitive, special or incidental damages resulting from, arising out of or in connection with the use of, or inability to use this Service, the Website or the Content, even if SmartOcto BV has been advised of the possibility of such damages. The follow up or neglect of any act suggestion, comment, tip, update or algorithm interpretation or any other online Content or other improvement proposed by the Service takes place on your own account. Therefore SmartOcto BV or any of its affiliates cannot be held liable for damage, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or other staff time, sales or audience loss or any other business damage resulted from these actions or neglect of actions. Any action by a user pertaining to this Service, the Website or the Content must be commenced within one (1) year after the date the cause for action arose, failing which every claim towards SmartOcto BV lapses.
Intellectual property rights
Copyright and all other proprietary rights in smartocto, the Website, any software made available through the Service at this Website (“Software”) and the Content (including but not limited to software, audio, video, text, logo and photographs) rests with SmartOcto BV or its licensors. All rights in smartocto, the Website, the Software and/or the Content not expressly granted herein are reserved.
Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of SmartOcto BV is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Any material or information sent through or in connection with smartocto and/or the Website by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of SmartOcto BV, subject to any privacy policies posted on this Website. SmartOcto BV may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and in submitting User Materials you waive any moral rights, intellectual property rights or other proprietary rights in or to such User Materials.
Suspension and termination
Applicable law and jurisdiction
Information about you
If you have a question or complaint, please contact us.
SmartOcto BV, version February 2016