Effective Date: August 30, 2024
These Terms and Conditions (“Terms”) govern your access to and use of the SplitSmart website (http://splitsmart.xyz) and the SplitSmart mobile application available on the Apple Store (collectively, “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
By accessing and using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and SplitSmart by Pelican Pointe LLC (“we,” “us,” or “our”).
To use our Services, you must be at least 18 years of age or have reached the age of majority in your jurisdiction. By using our Services, you represent and warrant that you meet these eligibility requirements and that all registration information you submit is accurate and truthful. You further represent that you have the legal capacity to enter into a binding contract under applicable law.
3.1. Account Creation To access certain features of our Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update it as necessary to maintain its accuracy. You are responsible for safeguarding your account login information and for all activities that occur under your account.
3.2. Account Security You are responsible for maintaining the confidentiality of your account password and for restricting access to your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.3. Account Termination We reserve the right to suspend or terminate your account at any time, without notice, for any reason, including, but not limited to, violations of these Terms. Upon termination, you must cease all use of our Services and delete any copies of materials obtained through our Services.
4.1. License We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use, subject to these Terms. All rights not expressly granted to you are reserved by us.
4.2. Prohibited Conduct When using our Services, you agree not to:
4.3. Monitoring and Enforcement We reserve the right, but are not obligated, to monitor your use of our Services to ensure compliance with these Terms. We may, at our discretion, take appropriate legal action against any user who violates these Terms, including, without limitation, terminating the user’s account, reporting the user to law enforcement authorities, and pursuing any available remedies.
5.1. Ownership You retain ownership of any content you submit, post, or display on or through our Services (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the operation and promotion of our Services.
5.2. Responsibility You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit the User Content and to grant the licenses set forth in these Terms.
5.3. Prohibited Content You agree not to post, upload, or transmit any User Content that:
5.4. User Content Removal We reserve the right, but are not obligated, to remove or disable access to any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We also reserve the right to take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of our Services.
6.1. Our Ownership All content and materials available on our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, are the property of SplitSmart by Pelican Pointe LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.
6.2. Restrictions You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as expressly permitted by these Terms. Unauthorized use of any content or materials on our Services may violate copyright, trademark, and other laws and may result in civil and criminal penalties.
6.3. Trademarks The SplitSmart name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SplitSmart by Pelican Pointe LLC or its affiliates or licensors. You must not use such marks without the prior written permission of SplitSmart by Pelican Pointe LLC. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.
7.1. Third-Party Links Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. By using our Services, you acknowledge and agree that we shall not be liable for any damage or loss caused by or in connection with the use of any third-party websites, applications, or services.
7.2. Embedded Content Our Services may include embedded content (e.g., videos, images, articles) from other websites. Embedded content behaves in the same way as if you visited the other website directly. These websites may collect data about you, use cookies, and monitor your interaction with the embedded content. We do not control these third-party sites and encourage you to review their terms and conditions.
You agree to indemnify, defend, and hold harmless SplitSmart by Pelican Pointe LLC, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of our Services, your User Content, or your violation of these Terms.
9.1. Disclaimer of Warranties Our Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. We do not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components.
9.2. Limitation of Liability To the fullest extent permitted by law, in no event shall SplitSmart by Pelican Pointe LLC, its directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our Services, whether based on contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
9.3. Maximum Liability In no event shall our aggregate liability for all claims related to the Services exceed the amount paid by you, if any, for accessing the Services during the twelve (12) months preceding the event giving rise to the claim.
10.1. Governing Law These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.
10.2. Dispute Resolution Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Ft. Pierce, Florida, and the language of the arbitration shall be English.
10.3. Class Action Waiver You agree that any arbitration or legal proceeding under these Terms will take place on an individual basis. You agree not to participate in any class, collective, or representative action against us, whether as a class representative or class member.
11.1. Termination by Us We reserve the right to suspend or terminate your access to our Services at any time, for any reason, including but not limited to your violation of these Terms, without notice or liability. Upon termination, your right to use our Services will immediately cease.
11.2. Termination by You You may terminate your account and cease using our Services at any time by following the instructions on our website or app. Upon termination, you must discontinue all use of our Services and delete any copies of our content in your possession.
12.1. Entire Agreement These Terms constitute the entire agreement between you and SplitSmart by Pelican Pointe LLC regarding your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such use.
12.2. Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the extent necessary to render it valid, legal, and enforceable while preserving its intent.
12.3. Waiver No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
12.4. Assignment You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any of our rights or obligations under these Terms without your consent, including in connection with a merger, acquisition, or sale of assets.
12.5. Force Majeure We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or interruptions in power or communications.
We reserve the right to update or modify these Terms at any time, in our sole discretion. If we make material changes to these Terms, we will notify you by posting the updated Terms on our website and app and updating the “Effective Date” at the top of this page. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
If you have any questions or concerns about these Terms, please contact us at: