Terms of Service
Last revised on: December 27, 2022
Company: smeese Inc. and its affiliated entities (“Company”, “us”, “our”,
Company Contact Information:
Attention: smeese Inc.
5576 N Fox Canyon Rd Lehi UT 84043
Company Website: The website located at www.smeese.com (together with any websites on related domains or subdomains, the “Site”).
Company Apps: The mobile or online application(s) or platforms entitled “smeese” (collectively, the “App”).
Table of Contents
1. Your account.
You must be at least 18 years old to register for an account. You are responsible for your account. When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. To create an account you must be at least 18 years old. To be a Consultant or a Client on smeese, you must be at least 18 years old or have your parent's permission. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised. You can learn more about security on our Security Policy page.
2. Abusive Conduct.
Be responsible and don't violate our policies. You are responsible for all activity on your account. If you violate our policies we may terminate your account. Don't do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on smeese, we may be held accountable for what you do with those funds.
3. All about being a Consultant.
A Consultant is someone who makes herself or himself available at certain designated times to speak on the phone with Clients who are interested in learning about something related to Consultant's expertise or content. There are a lot of details below involving payments, fees, taxes and restrictions that you should read in full if you are a Consultant.
3.1 Account Creation. In order to use smeese, you may be required to register for an account on smeese (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions provided in your Account. Company may suspend or terminate your Account in accordance with these Terms at any time, and you agree that Company will not have any liability whatsoever to you for any termination of your Account.
3.1.1 Account Eligibility. As an express condition of being permitted to create and access an Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside; (ii) are not on a list of persons barred from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdictions; (iii) are not a resident of any country which is subject to currently-ongoing sanctions imposed by the United States of America or the United Nations; and (iv) are at least 18 years of age or older.
3.1.2 Account Responsibilities. You represent and warrant that all required registration information you submit is current, complete, truthful and accurate. You also agree and acknowledge that you will maintain the accuracy and completeness of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Furthermore, you accept all risks associated with the unauthorized access to your Account.
3.1.3 Account Password. Upon registration for an Account, you will provide the Company with a password to access your Account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your Account, whether or not authorized by you. You agree to immediately notify Company of any suspected or actual unauthorized use of your Account. You agree that Company will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password or Account information.
3.1.4 Account Notices. By providing us with your email address, you agree to receive all required notices electronically, to the email address provided. Notices will be provided in HTML format, in the text of the e-mail delivered to you, in an electronic document attached to the email, or through a link to an appropriate notice page on the Site accessible through any standard, commercially available Internet browser.
3.2 Payments. As a Consultant you make your expertise available on smeese, and we provide access to people who are interested in your expertise and/or your content (“Clients”). We also handle payments issues such as fraud, chargebacks and resolution of payments disputes. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block Clients' Payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments. If you are a creator of 18+ content, to comply with payment processing rules you must verify that participants in your content are the age of majority, and you must store their consent to participate. A consent form template is located in our Help Center, where you may get additional information about these requirements.
3.3 Fees. As a Consultant, you set the rate that Clients pay you for a call. Smeese will receive a fee that is equal to ten percent (10%) of the rate that you charge for each completed call. Smeese also charges Client a ten percent (10%) service fee for facilitating the call.
We don't allow behaviors or communications that violate our policies. A
summary of those policies is that we don't allow:
- Communications that promote any illegal activity.
- Communications that are abusive towards other people.
- Communications that use or wrongfully disclose others' intellectual property, unless you have written permission to use it, or your use is protected by fair use.
- Harassing or sexual communications.
Clients may not include people under the age of 18. We are not required to allow any particular person or group of persons to be your Client.
As a Consultant you are also responsible for keeping Client data safe and confidential. An account is tied to your creative output and cannot be sold or transferred for use by another Consultant.
4. All about being a Client.
A Client is someone who initiates a telephone call on smeese with a
Consultant to benefit from the Consultant's expertise and/or experience.
On smeese, Clients directly interact with Consultants, using tools
supplied by smeese. As a Client, you're joining smeese to be part of an
exciting movement to support a Consultant's work while you get to
communicate directly with the Consultant on the terms the Consultant has
established in his or her smeese account. In exchange, you pay smeese a
service fee of ten percent (10%) for each phone call you complete with a
To become a Client, simply create an account and add your preferred payment method. We are not required to allow you to be a Client of any particular Consultant. We have limited control over the quality and specific offerings of Consultants. We attempt to screen for fraudulent Consultant account, but cannot guarantee the identity of Consultants or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep smeese safe.
If you are located in the jurisdiction in which smeese is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial membership subscription. Smeese remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you are responsible for keeping your address complete and up to date.
Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. Smeese does not control this charge, but it is typically around 3% . Please contact your bank for more information.
4.1 Refunds. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.
5. smeese's role.
We investigate reports of pages and posts on smeese to make sure
Consultants follow our policies and guidelines, but smeese is not
responsible for any advice or content that is conveyed by a
Consultant/Client on the platform.
In most situations we will work with Consultants to resolve any potential violations and allow the Consultant to continue using smeese. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.
smeese reserves the right to remove a Consultant or Client from participating in or using smeese. Removal of the Consultant or Client from participation in smeese will prohibit the Consultant from accepting new calls, and prohibit the Client from making new calls, but will not result in an automatic removal of the Consultant or Client from the platform, unless there is an independent basis for their removal from the platform. Please let us know if you see potential violations of our Community Guidelines.
As a global company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury. This means that smeese cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
We are constantly testing out new features with the goal of making smeese better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.
6. Account deletion.
We can disable your account at our discretion. You can request to permanently delete your account at any time by emailing email@example.com. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion. You may not bring a claim against us for suspending or terminating another person's account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs. These terms remain in effect even if you no longer have an account.
7. smeese's creations.
You can use our copyrights or trademarks to promote your smeese account, but can't use them for anything else without our permission. Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your smeese account. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.
You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of smeese. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.
9. Warranty disclaimer.
Smeese is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.
10. Limit of liability.
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of smeese. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of smeese. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements. For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.
11. Dispute resolution.
If you have a problem please talk to us. Any disputes with us must be resolved in Salt Lake City, Utah under Utah law. We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or in relation to your use of smeese, then the dispute will be resolved in the federal or state courts located in Salt Lake City, Utah. Both parties consent to the exclusive jurisdiction and venue of the Salt Lake City courts for the purpose of resolving any such dispute. Utah law, excluding its conflict of law provisions, governs these terms, all other smeese policies, and any dispute that arises between you and smeese.
12. Everything else.
These terms are the final word on smeese's policies and we will tell you if we change them. These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future. We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use smeesee after a change means you accept the new terms or policies. These terms are an agreement with smeese Inc., 5576 N Fox Canyon Rd Lehi, Utah 84043. If you use accessibility tools and have questions or concerns, please contact us at firstname.lastname@example.org. Effective immediately for users on smeese from December 27, 2022.