End User License Agreement
This Agreement governs use of SMG AI OS (the "Software"), provided by SMG Engineering, LLC ("SMG"). By accessing or using the Software you agree to these terms.
1. Internal use only
The Software is proprietary internal software of SMG. It is made available only to SMG employees and contractors acting within the scope of their engagement, for the purpose of operating SMG's business. It is not sold, licensed, distributed, or offered to the public, and no license is granted to any other party.
2. License grant
Subject to these terms, SMG grants authorized users a non-exclusive, non-transferable, revocable license to use the Software for SMG business purposes during their engagement with SMG. This license terminates automatically when that engagement ends.
3. Restrictions
You may not: copy, distribute, sublicense, sell, or otherwise make the Software available to any third party; reverse engineer, decompile, or disassemble it except to the extent that restriction is unenforceable by law; remove or alter proprietary notices; use it to access any data you are not authorized to access; or use it in violation of law or of SMG policy.
4. Ownership
SMG retains all right, title, and interest in the Software, including all intellectual property rights. No rights are granted except as expressly stated here.
5. Third-party services
The Software connects to Intuit QuickBooks Online on SMG's behalf. Use of that service is governed by Intuit's own terms. SMG is not responsible for the availability, accuracy, or performance of third-party services.
6. Data
Handling of information accessed through the Software, including data retrieved from QuickBooks Online, is described in the Privacy Policy, which is incorporated into this Agreement by reference.
7. Informational output; no reliance for professional purposes
Financial figures presented by the Software are derived from source systems of record and are provided for internal operational awareness. They are not audited financial statements, and they are not accounting, tax, legal, or investment advice. The system of record for SMG's accounting is QuickBooks Online, not the Software. Nothing produced by the Software constitutes a professional engineering deliverable, and no output of the Software is or may be represented as sealed engineering work product.
8. No warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. SMG DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY FIGURE IT DISPLAYS IS COMPLETE OR CURRENT.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY.
10. Termination
SMG may suspend or terminate access at any time, with or without cause. Sections 4, 7, 8, 9, and 11 survive termination.
11. Governing law
This Agreement is governed by the laws of the State of Louisiana, without regard to its conflict of laws provisions. Venue for any dispute lies in the state or federal courts located in Louisiana.
12. Entire agreement
This Agreement, together with the Privacy Policy, is the entire agreement regarding the Software and supersedes prior understandings on that subject. If any provision is held unenforceable, the remainder stays in effect.
13. Contact
SMG Engineering, LLC
Email: admin@smgeng.com