Terms and conditions

Terms and Conditions for InstaPlan by SmartMoves

Last updated: May 8, 2023

Welcome to SmartMoves. These terms and conditions (“Terms”) govern your use of our website and software (collectively referred to as “Smart Moves”).

By using SmartMoves, you agree to these Terms. If you do not agree with these Terms, please do not use our website or software.

Access and Use of Smart Moves

Smart Moves is intended for use by teachers, educators and coaches. You may use Smart Moves only for lawful purposes and in accordance with these Terms.

You may not:

Use Smart Moves in any way that violates any applicable laws or regulations
Use Smart Moves to harass, abuse, or harm others
Use Smart Moves to impersonate any person or entity or to falsely represent your affiliation with any person or entity
Use Smart Moves to distribute spam, chain letters, or other unsolicited messages
Use Smart Moves to distribute viruses or other harmful computer code
Attempt to gain unauthorized access to Smart Moves, user accounts, or computer systems or networks connected to Smart Moves

Intellectual Property

Smart Moves and its contents, including but not limited to lesson plans, activities, and resources, are the property of Smart Moves, its licensors and it's content creators and are protected by copyright, trademark, and other intellectual property laws. You may not copy, distribute, modify, or otherwise use Smart Moves or its contents without our express consent.

User Content

You may create and share lesson plans, activities, and resources using Smart Moves (“User Content”). You retain ownership of your User Content, but by sharing it on Smart Moves with the Free option, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised.

We reserve the right to remove or modify User Content that violates these Terms or is otherwise objectionable.

Content that is shared under the 'Paid' program remains the intellectual property of the creator, however we reserve the right to remove the content from our system without notice and at our sole discretion.

AI Generated content

We use a third party to generate all AI content on our site. We cannot guarantee the reliability or availability of this service. We also reserve the right to switch to different AI providers as our sole discretion.

Ownership and License: a. The AI-generated content provided by the Company remains the intellectual property of the Company, its licensors or content creators. The content includes, but is not limited to, text, images, graphics, videos, and any other media. b. The Company grants you a non-exclusive, non-transferable license to use the AI-generated content for personal, non-commercial purposes, solely within the context of the lesson plans provided by the Company.
Permitted Use: a. You may use the AI-generated content to supplement your teaching activities and customize lesson plans as necessary. b. You may reproduce, distribute, and display the AI-generated content within your educational institution for educational purposes.
Prohibited Use: a. You are strictly prohibited from using the AI-generated content for any illegal, harmful, offensive, or unauthorized purposes.
Accuracy and Reliability: a. The AI-generated content provided by the Company is intended to be informative and educational. However, it may contain errors, inaccuracies, or inconsistencies. b. The Company does not guarantee the accuracy, completeness, or reliability of the AI-generated content. It is your responsibility to verify and validate the information before using it in your teaching activities.
Limitation of Liability: a. The Company shall not be held liable for any direct, indirect, incidental, consequential, or exemplary damages arising from the use or misuse of the AI-generated content, including but not limited to, loss of data, loss of profits, or any other intangible losses. b. You acknowledge and agree that your use of the AI-generated content is at your own risk.
Indemnification: a. You agree to indemnify and hold the Company, its affiliates, officers, employees, and agents harmless from any claims, damages, liabilities, costs, or expenses arising out of your use of the AI-generated content or any violation of these terms and conditions.

Payment

Smart Moves is a pay-as-you-go service. You will be charged for your use of Smart Moves based on the features you use. We may change our pricing at any time, but we will notify you in advance of any changes that affect your account. There are no further charges beyond what you pay into your account however there is a $1 per month fee on your credit balance.

There are no on-going monthly charges. As long as your account balance remains in credit you will continue to be able to access all features you have paid for. Specific features available can be found on the 'top up' page.

The cost of calling the 3rd party AI models is taken from your credit balance other actions such as creating plans and editing content does not reduce your balance.

Cancellation and Refunds

You may delete your Smart Moves account at any time by accessing the 'delete account' feature on your user settings page. Once an account is deleted all of your private and public content and account balance will be removed from our system. However any plans and programs that you have sold under the paid program will remain in the property of the users that have paid for these items.

Disclaimer of Warranties

Smart Moves is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that Smart Moves will be error-free, uninterrupted, or free of viruses or other harmful components.

Limitation of Liability

In no event will Smart Moves or its affiliates, licensors, or service providers be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits, data, or use, arising out of or in connection with these Terms or your use of Smart Moves, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold SmartMoves and its affiliates, licensors, and service providers harmless from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of Smart Moves, your User Content, or your violation of these Terms.

Governing Law and Jurisdiction

These Terms and your use of Smart Moves

shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of these Terms or your use of Smart Moves shall be brought exclusively in the courts located in New Zealand, and you consent to the jurisdiction of such courts.

Changes to Terms

We may revise these Terms from time to time in our sole discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on our website. Your continued use of Smart Moves following the posting of revised Terms means that you accept and agree to the changes.

Termination

We may terminate or suspend your access to InstaPlan at any time, with or without cause, without notice or liability to you.

Miscellaneous

These Terms constitute the entire agreement between you and SmartMoves with respect to Smart Moves and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and SmartMoves. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of SmartMoves to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

If you have any questions about these Terms or InstaPlan, please contact us at enquiries@smartmoves.co.nz

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