1. Acceptance of Terms

By accessing and using Smart Industries (the "Service"), whether through our website at smartindustriesllc.com or our mobile application, you accept and agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you must not use our Service.

These Terms constitute a legally binding agreement between you and Smart Industries LLC ("we," "us," or "our").

2. Description of Service

2.1 What We Provide

Smart Industries is an informational service that:

• Checks if your email address, username, or phone number has been exposed in known data breaches
• Provides information about data breaches from public databases (Have I Been Pwned, XposedOrNot)
• Searches for class-action lawsuits related to breached companies
• Offers an identity theft recovery guide with steps for 30+ agencies
• Aggregates cybersecurity news from trusted sources

2.2 What We Don't Provide

• Legal advice: Information is for reference only
• Dark web monitoring: We only check publicly known breaches
• Guaranteed breach detection: Results depend on third-party databases
• Credit monitoring: We do not monitor credit reports
• Identity theft insurance: We are not an insurance provider

3. User Eligibility

3.1 Age Requirement

You must be at least 13 years old to use this Service (or 16 years old if you reside in the European Union).

If you are under 18, you must have parental or guardian consent to use the Service.

3.2 Account Responsibility

While most features don't require an account, if you create one (future premium features):

• You must provide accurate information
• You are responsible for maintaining account security
• You must notify us immediately of unauthorized access
• You are responsible for all activities under your account

4. Acceptable Use

4.1 You May:

• Check your own personal information for breaches
• Use the identity recovery guide for legitimate recovery purposes
• Share breach check results with legal counsel
• Download and print the identity recovery checklist

4.2 You May NOT:

• Check others' information without permission: Only check your own identifiers
• Abuse the service: No automated scraping, mass queries, or DDoS attacks
• Circumvent rate limits: Don't use VPNs or proxies to bypass rate limiting
• Reverse engineer: Don't attempt to copy, modify, or reverse engineer our Service
• Violate laws: Don't use the Service for illegal purposes
• Harass or threaten: Don't contact breached companies with threats or harassment

5. Advertising

5.1 Display of Advertisements

Our Service displays advertisements provided by Google AdSense (website) and Google AdMob (mobile app). By using our Service, you acknowledge that:

• Advertisements will be displayed on various pages of the Service
• We do not control the content of third-party advertisements
• Clicking on ads will take you to third-party websites not operated by us
• Google may use cookies and tracking technologies to serve relevant ads

5.2 Ad Blockers

While you may use ad-blocking software, we kindly ask that you consider disabling it for our Service. Advertising revenue helps us maintain free access to breach checking and security tools.

5.3 Third-Party Ad Content

We are not responsible for the content, accuracy, or opinions expressed in advertisements. Any transactions between you and advertisers are solely between you and the advertiser. We shall not be liable for any loss or damage incurred as a result of any such dealings.

6. Intellectual Property

6.1 Our Property

All content, features, and functionality of Smart Industries, including but not limited to:

• Text, graphics, logos, icons
• Software code and APIs
• Identity recovery guide content
• Design and layout

are owned by Smart Industries LLC and protected by copyright, trademark, and other intellectual property laws.

6.2 Third-Party Content

Breach data is sourced from third-party databases:

• Have I Been Pwned - Owned by Troy Hunt
• XposedOrNot - Third-party breach database
• ClassAction.org - Lawsuit information

News articles are copyrighted by their respective publishers (TLDR, Krebs on Security, BleepingComputer). We provide summaries under fair use.

6.3 User-Generated Content

If you provide feedback, suggestions, or content to us, you grant us a perpetual, irrevocable, worldwide license to use, modify, and incorporate such content.

7. Privacy & Data Protection

Your use of PII Breach Monitor is also governed by our Privacy Policy.

7.1 Data We Don't Store

• Search queries: Email/username/phone you check are NOT stored
• Breach results: NOT stored on our servers

7.2 Data We Store (Optional)

• Identity Recovery progress: Encrypted on your device (mobile app)
• Email (optional): Only if you provide it for progress sync

7.3 Your Rights

You have the right to:

• Access your data
• Delete your data (use "Delete All Data" in mobile app Settings)
• Opt out of analytics

See our Privacy Policy for full details.

8. Disclaimers

8.1 Service Provided "AS IS"

The Service is provided on an "as is" and "as available" basis. We make no warranties or representations about:

• Accuracy: Breach data depends on third-party databases
• Completeness: Not all breaches may be detected
• Timeliness: Breach databases may not be up-to-date
• Availability: Service may be interrupted or unavailable

8.2 Third-Party Accuracy

We rely on third-party data sources (Have I Been Pwned, XposedOrNot, ClassAction.org). We are not responsible for the accuracy, completeness, or reliability of third-party information.

8.3 No Guarantee of Recovery

While our Identity Recovery guide provides steps to contact 30+ agencies, we cannot guarantee successful identity theft recovery or any specific outcome.

9. Limitation of Liability

To the maximum extent permitted by law:

9.1 No Liability for Damages

Smart Industries LLC shall not be liable for any:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages resulting from unauthorized access to your information
• Damages from reliance on third-party breach data
• Damages from service interruptions or errors

9.2 Maximum Liability Cap

In no event shall our total liability exceed the amount you paid us in the past 12 months (if any). For free users, this is $0.

9.3 Exceptions

These limitations do not apply where prohibited by law or to damages caused by our gross negligence or willful misconduct.

10. Indemnification

You agree to indemnify, defend, and hold harmless Smart Industries LLC, its officers, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from:

• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your misuse of the Service (e.g., checking others' information without permission)
• Your reliance on information provided by the Service

11. Termination

11.1 Your Right to Terminate

You may stop using the Service at any time. For mobile app, delete the app. For website, simply stop visiting.

11.2 Our Right to Terminate

We may suspend or terminate your access to the Service:

• If you violate these Terms
• If you abuse the service (excessive queries, automated scraping)
• If required by law
• At our sole discretion

11.3 Effect of Termination

Upon termination:

• Your right to use the Service ends immediately
• We may delete any data associated with your use (if applicable)
• Provisions that should survive (disclaimers, limitations of liability) will continue to apply

12. Changes to Terms

We reserve the right to modify these Terms at any time.

12.1 How We Notify You

We will post updated Terms on this page with a new "Last Updated" date. For material changes, we may also:

• Display an in-app notification (mobile app)
• Send an email (if you provided one)
• Show a prominent notice on the website

12.2 Your Acceptance

Continued use of the Service after changes constitutes acceptance of the modified Terms. If you don't agree to changes, you must stop using the Service.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a legal claim, please contact us at mikel.smart@smartindustriesllc.com to attempt informal resolution.

13.2 Arbitration Agreement (US Users)

Any dispute arising from these Terms or the Service shall be resolved by binding arbitration rather than in court, except:

• Small claims court disputes (under $10,000)
• Intellectual property disputes
• Where prohibited by law

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules:

• Location: Florida, or by video conference at claimant's choice
• Fees: Filing fees shall be paid by the initiating party; each party pays their own attorneys' fees
• Decision: The arbitrator's decision is binding and may be entered in any court of competent jurisdiction

13.3 Class Action Waiver

You agree to bring claims only in your individual capacity, not as a class member or representative.

13.4 Opt-Out

You may opt out of arbitration within 30 days of first using the Service by emailing us at mikel.smart@smartindustriesllc.com.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.

For EU Residents: The arbitration agreement in Section 13 does not apply to you. You retain the protection of the mandatory consumer protection laws of your country of residence, including the right to bring claims in your local court. Nothing in these Terms affects your statutory rights as a consumer under EU law.

For UK Residents: You retain all rights under UK consumer protection law, and disputes may be resolved in UK courts.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smart Industries LLC.

15.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

15.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.4 Assignment

You may not assign these Terms. We may assign our rights and obligations to any party.

15.5 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control (natural disasters, pandemics, cyberattacks, etc.).

16. Third-Party Links and Services

Our Service contains links to third-party websites and services not owned or controlled by Smart Industries LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of third-party sites.

Third-party services we link to include but are not limited to:

• Have I Been Pwned (haveibeenpwned.com) - Breach database
• XposedOrNot - Breach database
• ClassAction.org - Lawsuit information
• Government agency websites - Linked in Identity Recovery guide
• Advertiser websites - Via Google AdSense/AdMob

You acknowledge and agree that we are not responsible or liable for any damage or loss caused by your use of third-party services.

17. Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

If we discontinue the Service entirely, we will make reasonable efforts to provide advance notice where practicable.

18. Accessibility

Smart Industries LLC is committed to ensuring digital accessibility for people with disabilities. We continually improve the user experience and work to apply relevant accessibility standards (WCAG 2.1).

If you experience any accessibility barriers while using our Service, please contact us at mikel.smart@smartindustriesllc.com and we will work to address your concerns.

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