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Terms of Service

Last updated: March 2026

1. Acceptance of Terms

By accessing, browsing, or using SmartMrk ("the Service", "the Platform"), including purchasing any products or using any features, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must immediately discontinue use of the Service. SmartMrk reserves the right to modify, amend, or update these Terms at any time and for any reason, with or without notice. Your continued use of the Service after any changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Definitions

"Owner" refers to the registered user who has claimed and activated a SmartMrk tag. "Finder" refers to any person who scans a tag and interacts with the recovery or messaging system. "Tag" or "Mrk" refers to any physical NFC or QR product sold or distributed by SmartMrk. "Escrow" refers to the holding of reward funds by SmartMrk on behalf of the Owner pending verified return of an item. "Recovery Case" refers to the process initiated when a Finder reports a found item through the Platform.

3. Account Responsibilities

You are solely responsible for maintaining the confidentiality and security of your account credentials. You are responsible for all activity that occurs under your account. You must provide accurate, current, and complete information during registration and keep your profile information up to date. You must not use SmartMrk for unlawful purposes, to harass, deceive, or harm others, or to facilitate any fraudulent activity. SmartMrk is not liable for any loss or damage arising from your failure to maintain account security.

4. Tag Profiles and User Content

You retain ownership of the content you add to your tag profiles. By making profile information publicly accessible via a tag scan, you grant SmartMrk a worldwide, non-exclusive, royalty-free license to display, transmit, and cache that information as necessary to operate the Service. You are solely responsible for the accuracy of all information stored in your profiles, including but not limited to medical information, emergency contacts, pet details, and property descriptions. SmartMrk does not verify, validate, or guarantee the accuracy of any user-provided content. Reliance on tag profile information by any third party is at their own risk.

5. Products, Pricing, and Purchases

All product prices displayed on the Platform are subject to change at any time without prior notice. SmartMrk reserves the right to modify, discontinue, or adjust pricing for any product or service at its sole discretion. Prices are displayed in the selected currency and may be subject to exchange rate fluctuations. All sales are final unless otherwise specified. SmartMrk reserves the right to refuse, cancel, or limit any order for any reason, including but not limited to product availability, pricing errors, or suspected fraud.

Promotional codes and discounts are subject to their own terms, may be revoked or modified at any time, and cannot be combined unless explicitly stated. SmartMrk does not guarantee the availability of any product at any particular price.

6. Shipping and Delivery

Shipping methods, costs, and estimated delivery times are subject to change at any time. Delivery estimates are provided as a convenience only and are not guaranteed. SmartMrk is not responsible for delays caused by shipping carriers, customs, weather, natural disasters, or any other circumstances beyond our control. Risk of loss and title for purchased products pass to you upon delivery to the shipping carrier. SmartMrk is not liable for packages lost, stolen, or damaged in transit.

7. Lost & Found Recovery System

SmartMrk provides a Lost & Found recovery system as a communication and coordination tool only. SmartMrk acts solely as a facilitator between Owners and Finders and is not a party to any arrangement made between them. By using the recovery system, both Owners and Finders agree to the following:

  • Conduct all communications through SmartMrk's secure platform when using the recovery or escrow system.
  • Provide truthful and accurate descriptions of found items and their condition.
  • Honor agreed-upon return methods in good faith.
  • Report disputes through SmartMrk rather than taking unilateral action.
  • Not attempt to negotiate rewards or returns outside of SmartMrk when using the escrow system.

Important disclaimers regarding the recovery system:

  • SmartMrk does not guarantee the return of any lost item under any circumstances.
  • SmartMrk is not responsible for the condition, completeness, or authenticity of any returned item.
  • SmartMrk is not responsible for the actions, conduct, or identity of any Finder or Owner.
  • SmartMrk is not responsible for any loss, theft, damage, or deterioration of items during the recovery process, including during shipping or in-person exchange.
  • SmartMrk makes no representations or warranties regarding the likelihood, speed, or success of any recovery.
  • Marking a tag as "lost" does not obligate any person who finds it to initiate the recovery process.
  • Recovery cases that remain inactive for 90 days will automatically expire.

8. Escrow, Rewards, and Fees

SmartMrk may offer an escrow service for reward payments in connection with the recovery system. By using the escrow service, you agree to the following terms:

  • Reward amounts: Owners set reward amounts at their own discretion. SmartMrk does not advise on, endorse, or guarantee the appropriateness of any reward amount.
  • Escrow deposits: Once a reward is deposited into escrow, it is held by SmartMrk until the return is verified by both parties or the dispute process is concluded.
  • Release of funds: Escrow funds are released to the Finder only upon dual verification of the item's return (both Owner and Finder confirm delivery). SmartMrk reserves the right to delay release pending additional verification or investigation.
  • Service fees: SmartMrk may charge service fees, transaction fees, or processing fees on escrow transactions. Fee amounts and structures are subject to change at any time without prior notice. Applicable fees will be disclosed before you confirm a transaction.
  • Non-refundable fees: Service fees and transaction processing fees are non-refundable, even if the underlying reward is refunded or the recovery case is cancelled.
  • Refund of escrow deposits: If a recovery case is cancelled, expires, or a dispute is resolved in favor of the Owner, the escrowed reward amount (less any non-refundable fees) may be returned to the Owner at SmartMrk's discretion.
  • Currency and exchange: All escrow amounts are processed in the currency specified at the time of the transaction. SmartMrk is not responsible for currency exchange rate fluctuations between the time of deposit and release.
  • Tax responsibility: Both Owners and Finders are solely responsible for any tax obligations arising from reward payments. SmartMrk does not provide tax advice and may be required to report transactions to tax authorities as required by applicable law.
  • Payment processing: Escrow payments are processed through third-party payment processors. SmartMrk is not responsible for errors, delays, or failures caused by third-party payment processors.

9. Disputes and Resolution

In the event of a dispute between an Owner and a Finder regarding a recovery case, either party may file a dispute through the Platform. SmartMrk will review disputes at its sole discretion and may request additional evidence from either party. SmartMrk's determination in any dispute is final and binding. SmartMrk reserves the right to:

  • Release, withhold, or refund escrowed funds based on its determination.
  • Dismiss disputes that it deems frivolous, fraudulent, or without merit.
  • Suspend or terminate accounts of parties found to be acting in bad faith.
  • Decline to intervene in disputes that fall outside the scope of the Platform's recovery system.

SmartMrk is under no obligation to mediate, arbitrate, or resolve any dispute between users. The dispute resolution process is provided as a courtesy and does not create any legal obligation on SmartMrk's part.

10. Payments, Refunds, and Cancellations

All product purchases are final unless a refund is expressly authorized by SmartMrk. To request a refund, contact us within 14 days of purchase. SmartMrk reserves the right to deny refund requests at its sole discretion. Refunds, if granted, will be issued to the original payment method and may take up to 14 business days to process.

Payment methods accepted on the Platform are subject to change. SmartMrk does not store credit card information directly; all payment processing is handled by third-party providers (e.g., PayPal). SmartMrk is not responsible for payment processing errors, chargebacks, or issues arising from third-party payment services. Fraudulent chargebacks or payment disputes may result in immediate account suspension.

11. Prohibited Conduct

You may not:

  • File false or fraudulent recovery reports.
  • Claim rewards for items you did not find or return.
  • Deliberately damage, withhold, or fail to return items in order to extort a higher reward.
  • Use the messaging system for spam, harassment, threats, or solicitation.
  • Impersonate another person or misrepresent your identity.
  • Reverse-engineer, scrape, or interfere with SmartMrk's systems or security.
  • Use the Platform to facilitate any illegal activity, including theft, extortion, or money laundering.
  • Create multiple accounts to circumvent bans, rate limits, or other restrictions.
  • Manipulate or abuse the escrow or reward system in any way.

Violation of any of these terms may result in immediate account suspension or termination, forfeiture of any escrowed funds, and referral to law enforcement where appropriate.

12. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTMRK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • Any loss, damage, theft, or destruction of tagged items, whether or not a recovery case was initiated.
  • The accuracy, completeness, or reliability of any medical, emergency, pet, property, or other information stored in tag profiles.
  • Any actions taken or not taken by third parties based on information displayed on a tag scan, including emergency medical decisions.
  • Any injury, harm, or loss arising from in-person meetings between Owners and Finders.
  • Disputes between Owners and Finders that cannot be resolved through the Platform.
  • Non-return, late return, or damaged return of items through the recovery system.
  • Failed, delayed, or incorrect payment processing by third-party providers.
  • Service interruptions, data loss, or technical failures.
  • Any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service.

IN NO EVENT SHALL SMARTMRK'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO SMARTMRK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless SmartMrk, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, (d) any content you submit or store on the Platform, or (e) your participation in any recovery case or escrow transaction.

14. Intellectual Property

SmartMrk, including its name, logo, software, design, and all associated intellectual property, is owned by SmartMrk and its licensors. You may not copy, modify, distribute, sell, or create derivative works of any part of the Service without express written permission.

15. Privacy and Data

Your use of the Service is also governed by our Privacy Policy. By using the recovery system, you acknowledge that certain personal information (e.g., name, contact details) may be shared with the other party upon mutual consent through the identity reveal feature. SmartMrk retains recovery case records and audit logs for compliance and legal purposes, even after account termination. Personal information from resolved recovery cases is redacted after 90 days.

16. Termination

SmartMrk may suspend or terminate your account at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to: violation of these Terms, fraudulent activity, abuse of the escrow system, or any conduct that SmartMrk deems harmful to the Platform or its users. Upon termination:

  • Your tag profiles will be deactivated.
  • Active recovery cases may be closed or transferred to SmartMrk for resolution.
  • Escrowed funds will be handled in accordance with Section 8.
  • Recovery case records and audit logs may be retained for compliance purposes.
  • You remain liable for any obligations incurred before termination.

17. Force Majeure

SmartMrk shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: natural disasters, acts of government, war, terrorism, pandemics, power outages, internet or telecommunications failures, or third-party service provider outages.

18. Governing Law

These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration or in the courts of competent jurisdiction, at SmartMrk's discretion.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmartMrk regarding the use of the Service and supersede all prior agreements, representations, and understandings.

21. Contact

For questions about these Terms, contact us at info@smartmrk.com.

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