Terms of Use

SmoothHR Terms of Use were updated on August 1, 2020.


Acknowledgment and Acceptance of Terms

smoothhr.com provides the SmoothHR service (hereinafter referred to as "the Service") in accordance with these Terms of Use. By using the Service, you acknowledge that you have read, understood, and agreed to be bound by all the terms and conditions of these Terms of Use. smoothhr.com reserves the right to modify or change the content of these Terms of Use at any time. You are advised to review such modifications or changes regularly. Your continued use of the Service after any modifications or changes shall be deemed your acceptance of those modifications or changes. If you do not agree to the content of these Terms of Use, or if your country or region excludes all or part of these Terms of Use, you should immediately discontinue use of the Service.

If you are under the age of 20, in addition to complying with the above provisions, your parent or legal guardian must also read, understand, and agree to all the content of these Terms of Use and any subsequent modifications or changes before you may use or continue to use the Service. By using or continuing to use the Service, it is presumed that your parent or legal guardian has read, understood, and agreed to be bound by these Terms of Use and any subsequent modifications or changes.

Account, Password, and Security

Please note that you are responsible for maintaining the confidentiality and security of your password and account. You also agree to the following:

  1. You will immediately notify smoothhr.com if your password or account is stolen or if any other security issues occur.
  2. You will log out of your account at the end of each session.

User’s Legal Obligations and Commitments

You agree not to use the Service for any unlawful purposes or in any unlawful manner, and you agree to comply with the laws and regulations of the Republic of China (Taiwan) and all international practices for using the Internet. If you are a user outside the Republic of China, you also agree to comply with the laws of your country or region. You agree and guarantee not to use the Service to engage in any conduct that infringes on the rights of others or violates the law, including but not limited to:

  1. Uploading, posting, publishing, or transmitting any defamatory, insulting, threatening, offensive, obscene, indecent, false, unlawful, or otherwise inappropriate text, images, or files of any kind via the Service.
  2. Infringing upon others’ reputations, privacy, trade secrets, trademarks, copyrights, patents, intellectual property rights, or other legal rights.
  3. Violating confidentiality obligations required by law or contractual agreements.
  4. Impersonating others to use the Service.
  5. Uploading, posting, transmitting, or distributing data containing computer viruses or any code that disrupts, destroys, or limits the functionality of computer software or hardware.
  6. Engaging in illegal transactions or posting false or misleading information that incites criminal behavior.
  7. Selling firearms, drugs, contraband, pirated software, or other illegal items.
  8. Providing gambling information or inducing others to gamble in any manner.
  9. Sending spam emails, junk mail, chain letters, or illegal multi-level marketing messages.
  10. Harming minors in any way.
  11. Forging message sources or interfering with the identification of the source of any transmission.
  12. Interfering with or disrupting the Service, servers, or networks connected to the Service, or failing to comply with any related requirements, procedures, policies, or rules—including, but not limited to, using devices, software, or routines to bypass SmoothHR’s robot exclusion headers.
  13. Providing any material support or resources to terrorist activities.
  14. Stalking or otherwise harassing others, or collecting or storing others’ personal information for the aforementioned purposes.
  15. Other conduct deemed inappropriate by smoothhr.com for valid reasons.

Disclaimer

You explicitly understand and agree that smoothhr.com provides the Service and software without any express or implied warranties, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement of rights. The Service and software are provided on an "as-is" and "as-available" basis. You agree to use the Service and software at your own risk. smoothhr.com does not guarantee the following:

  1. The Service and software will meet your requirements;
  2. The Service and software will be uninterrupted, timely, secure, or error-free;
  3. The results obtained from the use of the Service and software will be accurate or reliable;
  4. Any products, services, information, or other materials obtained through the Service will meet your expectations;
  5. Any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Service and software is done at your own discretion and risk. You will be solely responsible for any damage to your computer system, network access, downloading or playback devices, or loss of data that results from the download of any such material. You agree not to hold smoothhr.com liable for any claims or take legal action in this regard. Any advice or information obtained from smoothhr.com, whether written or oral, shall not constitute any warranty unless expressly stated.

You explicitly understand and agree that smoothhr.com and its subsidiaries, affiliates, managers, employees, agents, partners, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if smoothhr.com has been advised of the possibility of such damages), resulting from:

  1. Your use of or inability to use the Service;
  2. The cost of procurement of substitute goods and services;
  3. Unauthorized access to or alteration of your transmissions or data;
  4. Statements or conduct of any third party on the Service;
  5. Any other matters related to the Service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, the above limitations may not apply to you.

Intellectual Property Rights Protection

The software or programs used by SmoothHR, as well as all content on the website—including but not limited to works, images, files, information, data, website architecture, screen layout, web design, and user content—are owned by smoothhr.com or other rights holders in accordance with the law. Their intellectual property rights include, but are not limited to, trademark rights, patent rights, copyrights, trade secrets, and proprietary technologies. No one may use, modify, reproduce, publicly broadcast, transmit, perform, adapt, distribute, publish, disclose, reverse engineer, decompile, or disassemble any of the above without prior written consent from smoothhr.com or the respective rights holders, except where explicitly permitted by law. Respecting intellectual property rights is your obligation. If you violate them, you will be liable for damages to SmoothHR. To promote its services, SmoothHR and its affiliates use product or service names, logos, and other designs related to the service (hereinafter referred to as "SmoothHR Trademarks"). These are protected under trademark laws, fair trade laws, and other applicable regulations based on their registration or usage status. You agree not to use the SmoothHR Trademarks in any manner without the prior written consent of smoothhr.com

Service Modifications

smoothhr.com reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, without prior notice. You agree that smoothhr.com shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service

General Terms

These Terms of Service constitute the entire agreement between you and smoothhr.com with respect to your use of the Service and supersede any prior agreements between you and smoothhr.com regarding the Service. When using or purchasing specific SmoothHR services, affiliate services, third-party content, or software, additional terms and conditions may apply. The interpretation and application of these Terms of Service, as well as any disputes arising from them (unless otherwise stipulated by law), shall be governed by the laws of the Republic of China (Taiwan), and the Taipei District Court of Taiwan shall be the court of first instance with jurisdiction.

The failure of smoothhr.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remaining provisions of these Terms of Service shall remain in full force and effect.

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. If you become aware of any violation of these Terms of Service, please contact us.