Legal stuff

Privacy & terms of use

📬 TL;DR What happens with your data?

Uploaded images

We have designed Smartmockups to be as private as possible. We can’t do anything with your uploaded images because simply we don’t gather them. Smartmockups only downloads the required data and the final mockup is created on your device. Your uploaded image is never uploaded to the Internet.

If you use our “sharing” feature, your final mockup has to be uploaded to our servers, but we automatically remove all these images after 60 days.

Personal data

We only ask for the least data we need to create your account. We only have your email, your name (if you tell us) and your safely encrypted password. We don’t share these data with any third parties.

✌️ Third-party transparency report

Smartmockups wouldn't be possible without relying on third-party services. All third-party services we use are GDPR compliant.

Servers, cloud, user management

Smartmockups is running on Amazon web services (AWS). Various services are used in combination ( Lambda, Cognito for secure user management, SES, S3… ). We used service called Imgix to distribute images around the world and our static pages are hosted on Netlify

Payment processing

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns

User support

If you send us an email on hello@smartmockups.com, we will use HelpScout to reply you. Also, the little chat bubble on the right is from SmallChat and it sends us your messages right onto Slack, where we can answer.

Newsletters and transactional emails

We use Sendinblue to inform you about new features or mockups. Also when you create an account, we will send you a couple of automated emails to help you get started. This is done also by Sendinblue.

Usage statistics, tracking & marketing

We are making use of Google Analytics and Amplitude. We might also advertise on Facebook or Google Adwords.

đź”’ Privacy policy

We will respect your right to privacy and treat your personal data in accordance with all applicable laws.

Statistics using Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies” (see below) to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States. In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage. The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser.

Remarketing & tracking

This website uses Google AdWords and probably other remarketing/tracking services such as Facebook to advertise on third party websites to previous website visitors. This could be used to advertise previous visitors. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network or other places. Third-party vendors, including Google, use cookies to serve ads based on someone's past visits to the our website. Of course, any data collected will be used in accordance with our own privacy policy and Google's privacy policy.

Cookies

Smartmockups s.r.o. makes use of cookies as well. When you visit a company web site, Smartmockups servers send a cookie to your computer. Alone, cookies do not personally identify you. You remain anonymous, unless you choose to identify yourself to Smartmockups, either by responding to a promotional offer, registering an Account,

Smartmockups may uses session-based and persistent-based cookies. Session cookies persist during a browser session. They disappear when closing or quiting the browser. Persistent cookies remain after closing or quiting browser. If you disable the web browsers ability to accept cookies, functionality of the services may be affected, and you may not be able to successfully use the services.

If you have chosen to identify yourself to Smartmockups via registration, session cookies containing encrypted information to identify you are used. Each time you log into the services, a session cookie containing an encrypted, unique identifier that is tied to your account is placed your browser. Session cookies allow to identify you and to process your online transactions and requests. Cookies are required to use the services.

Smartmockups uses persistent cookies that only the company can read and use to identify browsers that have previously visited the our web site. When you purchase services or provide the company with personal information, a unique identifier is assigned you. This unique identifier is associated with a persistent cookie that the company places on your web browser. The company is careful about the security and confidentiality of the information stored in persistent cookies. If you disable your web browser's ability to accept cookies, you will be able to navigate the company's web site, but you will not be able to successfully use the services.

IP addresses

Smartmockups collect your internet protocol (“IP”) addresses to track and aggregate non-personal information and for security reasons. For example, Smartmockups uses IP addresses to guess a currency based on your location.

Registration

When registering with Smartmockups personal data will be collected, namely your e-mail address and optionally your name. The data collected is used exclusively to grant you access and contact you in relevant circumstances.

Your rights

You have the right to ask us about your personal data stored with us. You have the right to get incorrect information corrected or blocked or deleted. You can revoke the right to use personal data for advertising purposes at any time. If you want to make use of your rights as described before, please send us an email on hello@smartmockups.com

✍️ Terms and conditions

Smartmockups s.r.o. (“Smartmockups”, “our”, “us” or “we”) provides the Smartmockups website and application.

The following terms and conditions govern all use of the smartmockups.com website, all content, services and products available at or through the website, including, but not limited to, the Smartmockups desktop apps. The Website is owned and operated by Smartmockups s.r.o. (“Smartmockups”).

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Smartmockups’s Privacy Policy) and procedures that may be published from time to time on this Site by Smartmockups (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Smartmockups, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old (16 years for individuals from EU).

1. Your Smartmockups Account and Site.

If you create an account on the Website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Smartmockups may change or remove any content or photos that it considers inappropriate or unlawful, or otherwise likely to cause Smartmockups e liability. You must immediately notify Smartmockups of any unauthorized uses of your account any other breaches of security. Smartmockups will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors.

If you operate an account post photos to the Website (via the “share” feature), you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have their (i) received permission from your employer to post or make available the Content.
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

3. Payment and Renewal.

General Terms Optional paid services such as paid accounts, are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Smartmockups the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

Automatic Renewal Unless you notify Smartmockups before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by contacting Smartmockups on hello@smartmockups.com

4. Paid Services

Fees; Payment By signing up for a Paid Services account you agree to pay Smartmockups the monthly fees indicated at /pricing/. Applicable fees will be invoiced starting from the day your Paid Services are established and in advance of using such services. Smartmockups reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Paid Services can be canceled by you at anytime by contacting Smartmockups on hello@smartmockups.com

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which we link, and that link to us. Smartmockups does not have any control over those non-Smartmockups websites and webpages, and is not responsible for their contents or their use. By linking to a non-Smartmockups website or webpage, Smartmockups does not represent or imply that it endorses such website or webpage.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Smartmockups disclaims any responsibility for any harm resulting from your use of non-Smartmockup websites and webpages.

6. Copyright Infringement and DMCA Policy

As Smartmockups asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Smartmockups violates your copyright, you are encouraged to notify Smartmockups in accordance with Smartmockups’s Digital Millennium Copyright Act (“DMCA”) Policy.

Smartmockups will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Smartmockups will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Smartmockups or others. In the case of such termination, Smartmockups will have no obligation to provide a refund of any amounts previously paid to Smartmockups.

7. Changes

Smartmockups reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Smartmockups may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination

Smartmockups may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Smartmockups account (if you have one), you may simply discontinue using the Website. Not withstanding the foregoing, if you have a Paid Services account, such account can only be terminated by Smartmockups if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Smartmockups’s notice to you thereof; provided that,Smartmockups can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties

The Website is provided “as is”. Smartmockups and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Smartmockups nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

10. Limitation of Liability

In no event will Smartmockups or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Smartmockups under this agreement during the twelve (12) month period prior to the cause of action. Smartmockup shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Smartmockups Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification

You agree to indemnify and hold harmless Smartmockups, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.