IMPACTORS CLUB

Terms of Service

1. Acceptance of These Terms

These Terms of Service (“Terms”) form a binding agreement between you and Smarty Software Ltd, trading as Impactors Club (“we,” “us,” or “our”), governing your access to and use of the Impactors Club community platform, including its website, mobile applications, groups, forums, messaging, courses and events (together, the “Service”). By creating an account or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Description of the Service

Impactors Club is a community platform that allows members to create profiles, join groups, publish posts and discussions, send direct messages, take part in courses and events, and access content and services made available by the operator. Features available to you may vary depending on your membership tier and the specific community you have joined.

3. Eligibility

You must be at least 18 years old to create an account. By registering, you confirm that the information you provide is accurate and that you meet this age requirement.

4. Your Account

• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must notify us promptly if you become aware of any unauthorised use of your account.
• We may suspend or terminate an account that provides false information, or that is used to breach these Terms.

5. Membership Plans, Fees and Payment

• Some areas of the Service require a paid membership. Applicable fees, billing frequency and included features will be displayed at the point of purchase.
• Payments are processed by a third-party payment processor. By subscribing, you authorise recurring charges to your chosen payment method until you cancel.
• Unless stated otherwise at checkout, subscriptions renew automatically at the end of each billing period. You can cancel at any time through your account settings, effective at the end of the current billing period.
• Fees are non-refundable except where required by law or expressly stated in a specific offer.
• We may change our fees on notice; continued use of a paid membership after a price change takes effect constitutes acceptance of the new price.

6. Acceptable Use

When using the Service, you agree not to:

• Post content that is unlawful, defamatory, harassing, hateful, obscene, or that infringes another person’s intellectual property or privacy rights.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Upload viruses, malicious code, or attempt to gain unauthorised access to the Service, other accounts, or connected systems.
• Scrape, harvest or collect data about other members without their consent.
• Use the Service to send unsolicited advertising, spam or chain messages.
• Use the Service for any purpose that is illegal, or that violates the rights of others.

We may also publish separate community guidelines for a specific community, which form part of these Terms.

7. Your Content

• You retain ownership of the content you post to the Service (“User Content”).
• By posting User Content, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display and distribute that content solely for the purpose of operating, promoting and improving the Service.
• You are solely responsible for your User Content and confirm you have all necessary rights to post it.
• We do not pre-screen User Content and are not responsible for its accuracy, completeness or legality. We do not endorse any opinion, view or recommendation expressed by a member.
• We may remove or restrict access to any User Content, at our discretion, without prior notice, including where we believe it breaches these Terms or applicable law.

8. Intellectual Property

The Service, including its software, design, graphics, logos and all content we create (excluding User Content), is owned by Smarty Software Ltd or its licensors and protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, branding or platform code outside the scope of using the Service as intended.

9. Moderation, Suspension and Termination

• We may remove content, restrict features, or suspend or terminate an account, at our discretion, where we reasonably believe these Terms or our community guidelines have been breached, or to protect the safety of the Service or its members.
• You may close your account at any time through your account settings.
• On termination, your right to access the Service ends immediately. Provisions of these Terms that by their nature should survive termination (including Sections 7, 8, 11, 12 and 13) will continue to apply.

10. Third-Party Links and Services

The Service may contain links to third-party websites or integrate third-party services that we do not control. We are not responsible for the content, policies or practices of any third party, and your use of any third-party website or service is at your own risk.

11. Privacy

Our collection and use of personal data in connection with the Service is described in our Privacy Policy, which forms part of these Terms.

12. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any content posted by members is accurate or reliable. Nothing in this section limits any statutory rights you may have as a consumer that cannot be excluded under applicable law.

13. Limitation of Liability

To the maximum extent permitted by law, Smarty Software Ltd will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, data or goodwill, arising from your use of, or inability to use, the Service, including any loss arising from User Content posted by other members. If you are using the Service without a paid membership, our total liability to you for any claim arising from these Terms or the Service is limited to £0. If you hold a paid membership, our total liability to you for any claim arising from these Terms or the Service will not exceed the total amount you paid us in the twelve months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or fraud.

14. Indemnification

You agree to indemnify and hold harmless Smarty Software Ltd, its officers, employees and agents from any claim, liability or expense (including reasonable legal fees) arising from your breach of these Terms, your User Content, or your misuse of the Service.

15. Governing Law and Disputes

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles. Any dispute arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of England and Wales, save where mandatory consumer protection law gives you the right to bring proceedings in your own country of residence.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified through the Service or by email, with a revised “last updated” date. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

17. General

• If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
• These Terms, together with our Privacy Policy and any published community guidelines, constitute the entire agreement between you and us regarding the Service.
• We may assign these Terms in connection with a merger, acquisition or sale of assets. You may not assign your rights under these Terms without our consent.

18. Contact Us