Effective Date: 12.01.2025
Smart Trainer, Inc.

1. Acceptance of Terms

These Terms of Service (“Terms”) govern access to and use of the Smart Trainer platform (the “Platform”) operated by Smart Trainer, Inc., a Delaware corporation operating in Virginia (“Smart Trainer,” “we,” “us”).

By creating an account or using the Platform, you agree to these Terms.

If you are using the Platform as an employee of a subscribing company, you acknowledge that your access is authorized by your employer.

2. Nature of Service

Smart Trainer provides a B2B AI-powered workforce operations and analytics platform for restaurant and retail businesses. Features may include:

  • Schedule notifications
  • Task list tracking
  • Temperature logs
  • Prep list tracking
  • Menu knowledge tools
  • Sales forecasting
  • Ordering and operational analytics
  • Alerts and manager notifications

The Platform is provided under a company-level subscription agreement. Individual employees are authorized users under their employer’s account.

3. Employer Control & Data Ownership

The subscribing company (“Customer”):

  • Controls user access
  • Determines permissions
  • Owns operational data submitted by employees
  • May add or remove users at any time

Smart Trainer processes data on behalf of the Customer.

4. Account Responsibility

Users agree to:

  • Provide accurate information
  • Maintain confidentiality of login credentials
  • Use the Platform only for authorized business purposes

Smart Trainer may suspend or terminate accounts for violations of these Terms.

5. SMS & Electronic Communications Consent (TCPA Compliance)

By providing your phone number and activating your account, you expressly consent to receive operational text messages and notifications, which may include:

  • Schedule completion notifications
  • Task list completion alerts
  • Temperature log alerts
  • Prep list alerts
  • Operational reminders

Messages may be sent using automated technology.

Message frequency varies. Standard message and data rates may apply.

You may opt out at any time by replying STOP to any text message.
For assistance, reply HELP or contact [Support Email].

Consent to receive operational messages may be required for platform functionality but is not a condition of purchasing goods or services.

Smart Trainer complies with the Telephone Consumer Protection Act (TCPA) and applicable telecommunications laws.

6. Acceptable Use

Users may not:

  • Use the Platform for unlawful purposes
  • Attempt to reverse engineer or copy software
  • Access unauthorized data
  • Interfere with system integrity

7. Intellectual Property

All software, AI models, designs, content, and materials are owned by Smart Trainer, Inc. and protected by U.S. intellectual property laws.

Users receive a limited, non-transferable license to use the Platform during the Customer’s active subscription.

8. Disclaimer of Warranties

The Platform is provided “AS IS” and “AS AVAILABLE.”

Smart Trainer disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the maximum extent permitted by law:

Smart Trainer shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or business interruption.

Total liability shall not exceed the fees paid by the Customer in the twelve (12) months preceding the claim.

10. Indemnification

Customer agrees to indemnify and hold harmless Smart Trainer from claims arising from:

  • Customer misuse of the Platform
  • Violation of these Terms
  • Violation of applicable law

11. Arbitration & Class Action Waiver

Any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA).

Arbitration shall occur in Virginia.

You waive the right to participate in class actions or class-wide arbitration.

12. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of law principles.

13. Modifications

Smart Trainer may update these Terms. Continued use constitutes acceptance of updated Terms.

14. Contact

Smart Trainer, Inc.
Virginia, USA
Email: Won.Jeong@SmartTrainerApp.com
Website: http://www.smarttrainerapp.com