Terms & Conditions

1. Acceptance of Terms.

RiseSmart, Inc., d.b.a. Randstad RiseSmart, and its affiliates (collectively, “RiseSmart”) provides its Service (as defined below) to you through websites under the control of RiseSmart , subject to these Terms of Service (these “TOS”). By accepting these TOS or by accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these TOS. If you do not agree with these TOS, you must not accept these TOS and may not use the Service. 1.2 RiseSmart reserves the right to modify, to amend or to redraft these TOS at any time in its sole discretion.

2. Description of Service.

The “Service” includes (a) RiseSmart’s outplacement and career management services, and other related services (including file management and analytics services), and related technologies and applications (including, without limitation, applications and services accessed through any mobile or other interface that allows you to access such applications and services)), and (b) all software (including the Software, as defined below), materials, portals, recommendations, job leads, data, reports, text, images, sounds, video, analytics and other content made available through any of the foregoing (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these TOS.

3. General Conditions/Access and Use of the Service.

3.1 Subject to the terms and conditions of these TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to RiseSmart. You shall not (and shall not allow any third party to) (a) copy, reproduce, modify, delete, distribute, download, store, transmit, publish, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt, directly or indirectly, to discover any source code of, sell, sublicense, resell, rent, lease, transfer, assign, or time share the Service or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; or (d) use any Content on other web sites or any media (e.g., a networking environment). You shall comply with any codes of conduct, policies or other notices RiseSmart provides you or publishes in connection with the Service, and you shall promptly notify RiseSmart if you learn of a security breach related to the Service. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, RiseSmart’s Privacy Notice.

3.2 Any software that may be made available by RiseSmart in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by RiseSmart for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of RiseSmart or any third party is granted to you in connection with the Service.

3.3 You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “transmit(ing)”) in connection with or relating to the Service (“Your Content”). You hereby represent and warrant that Your Content transmitted by you with respect to the Service (a) is accurate, true, legal, decent, honest and complete (including, without limitation, with respect to your résumé, biographical data and employment information, if you are using the Service as a job seeker or career development seeker), and (b) is free of bugs, worms or viruses. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. RiseSmart reserves the right to access your account in order to respond to your requests for technical support. By transmitting Your Content on or through the Service, you hereby do and shall grant RiseSmart a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service.

3.4 You understand that the operation of the Service, including Your Content, may involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, (c) transmission to RiseSmart’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service, and (d) transmission to other third parties in connection with the provision to you of the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate backup of Your Content.

3.5 If you are a job seeker or a career development seeker, you further agree to use your own judgment, caution, and common sense in managing job opportunities and other information offered by or obtained through the Service and that you bear the sole risk of any reliance or use of any Content (including any job leads or career advice or recommendations) provided through the Service.

3.6 The failure of RiseSmart to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS are a contract between you and RiseSmart, even though they are electronic and not physically signed by you and RiseSmart, and they govern your use of the Service and takes the place of any prior similar agreements between you and RiseSmart.

3.7 You acknowledge that a company client of RiseSmart may engage RiseSmart to assist (a) the company client’s current and/or former employees, who have been or will be released from the employment of such company client, in their search for employment through the Service (“Outplacement Assistance”) or (b) the company client’s current employees with career development through the Service (“Career Development Assistance”), ((a) and (b) collectively, “Company Client Engagements”). If you are using the Service pursuant to a Company Client Engagement for Outplacement Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search, your customer satisfaction or other feedback relating to the Service, in each case individually or in an aggregated manner. If you are using the Service pursuant to a Company Client Engagement for Career Development Assistance, RiseSmart may make available to the company client progress reports and other information that identify you and indicate the status of your use of the Service, the scope of your use of the Service, your milestone progress and status in job search or career development, your customer satisfaction or other feedback relating to the Service, in each case in an aggregated manner. Please see RiseSmart’s Privacy Notice for more information regarding RiseSmart’s collection, use and sharing of information provided by you and company clients in connection with Company Client Engagements.

3.8 If you are using the Service pursuant to a Company Client Engagement, you acknowledge that the Service made available to you will in no event exceed the scope, duration or other limits of the Company Client Engagement pursuant to which you are granted access to the Service.

3.9 You acknowledge that (a) RiseSmart has the right, but not the obligation, to screen, monitor, remove, or disable access to the Service, Content, or Your Content at any time if it reasonably believes such action is necessary (including, but not limited to, for legal compliance, security, or upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content); b.) RiseSmart will adhere to applicable laws, regulations, and contractual retention obligations concerning the maximum period of time that Content or any of Your Content will be retained by the Service, and RiseSmart may establish general practices and limits concerning use of the Service, including without limitation the maximum storage space that will be allotted on your behalf, and RiseSmart has no responsibility or liability for the deletion or failure to store any Content or any of Your Content maintained by or uploaded to the Service, and (c) RiseSmart may preserve Content and any of Your Content and may also disclose Content and Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce these TOS; (iii) respond to claims that any Content or any of Your Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of RiseSmart, its users and the public. You further agree that RiseSmart may remove or disable any Content or any of Your Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Your Content), or for no reason at all.

3.10 Consumer Rights and Withdrawal This Section 3.10 applies to Direct Consumers (Section 4.2) purchasing services directly from RiseSmart. As a consumer you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the date of contract conclusion. To exercise the right of withdrawal, you must inform us at

RiseSmart, Inc., d.b.a. Randstad RiseSmart, 3625 Cumberland Blvd. Suite 600 Atlanta, GA, 30339
or via Email: user.support@risesmart.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. You expressly agree that we will start to render the service before the end of the cancellation period.

Exclusion of the right of withdrawal

The right of withdrawal does not exist if, when entering into a legal transaction, you predominantly act in exercise of your trade, business or profession and are therefore deemed to be an entrepreneur. The right of withdrawal vis-à-vis RiseSmart does not apply to agreements you enter into with third parties, i.e. where RiseSmart is not legally involved. Any such rights of withdrawal may only be brought against the respective third party.

The right of withdrawal is not applicable to contracts regarding the delivery of made-to-order goods involving personalized production, that are not prefabricated.

4. Payment.

4.1 Client Paid Participants: In the event you are using the Service pursuant to a Company Client Engagement, such company client will be charged for the specific Service package they have authorized RiseSmart to provide to you (i.e., you will not be charged for the specific Service package they have authorized RiseSmart to provide to you.)

4.2 Direct Consumers: In the event Section 4.1 immediately above does not apply to your use of the Service (i.e. you have chosen to purchase RiseSmart services yourself), you will be required to select a payment plan and provide RiseSmart information regarding your credit card or other payment instrument. You represent and warrant to RiseSmart that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay RiseSmart the amount that is specified in the payment plan in accordance with the terms of such plan and these TOS. You hereby authorize RiseSmart to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let RiseSmart know within sixty (60) days after the date that RiseSmart invoices you. RiseSmart reserves the right to change RiseSmart’s prices at any time. If RiseSmart does change its prices, RiseSmart will provide notice of the change on the Site or in an email to you, at RiseSmart’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

5. Representations and Warranties.

In connection with your use, you agree NOT to: violate any local, state, and federal rules, regulations and statutes of any jurisdiction, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; breaches any of your contractual or confidentiality obligations; disrupts or interferes with the normal operations of the Service, such as posting or transmitting viruses, worms, scripts, macros or harmful code of any kind, continuous posting of repetitive materials, or posting abnormally large quantities of data; or which is not permitted by RiseSmart, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials; violate others’ privacy rights or personal rights by abusing the Service, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information; breach or attempt to breach any security measures of the Service; use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Service without RiseSmart’s prior written consent; access or attempt to access any account or login of any third party listed on the Service; or post or submit any inaccurate, false, or incomplete information, such as your résumé, biographical data, or employment information; impersonate any person or entity; forge any header information in any electronic posting or mail; or misrepresent yourself, your affiliation with any third party, or your entity.

6. Termination.

You have the right to terminate your account at any time in accordance with the procedures set forth on the website through which the Services provided to you or, where applicable, provided to you separately. If you are using the Service pursuant to a Company Client Engagement, you acknowledge that your access to such Service will expire upon the expiration or termination of the Company Client Engagement. RiseSmart reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason including if RiseSmart believes that you have violated these TOS, provided that the removal of Your Content shall be subject to RiseSmart's applicable retention obligations and Privacy Notice. RiseSmart shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. RiseSmart will use good faith efforts to contact you to warn you prior to suspension or termination of your account by RiseSmart. All of Your Content on the Service (if any) will be handled in accordance with RiseSmart's Privacy Notice and applicable retention obligations following termination. If RiseSmart terminates your account without cause and you have signed up for a fee-bearing service if applicable (exclusive of a Company Client Engagement), RiseSmart will refund the pro-rated, unearned portion of any amount that you have prepaid to RiseSmart for such Service. However, all accrued rights to payment (if applicable) and the terms of Section 4-12 shall survive termination of these TOS.

7. DISCLAIMERS.

THE SERVICE, INCLUDING THE WEBSITES, CONTENT (INCLUDING, WITHOUT LIMITATION, JOB AND CAREER DEVELOPMENT LEADS, RECOMMENDATIONS AND ANALYTICS) AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND RISESMART EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT RISESMART DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM RISESMART OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE A JOB SEEKER OR CAREER DEVELOPMENT SEEKER, (A) YOU ACKNOWLEDGE AND AGREE THAT JOB LEADS THAT RISESMART MAY POST TO YOUR ACCOUNT ARE RECEIVED FROM THIRD PARTIES WITH NO VETTING WHATSOEVER AND (B) RISESMART DOES NOT WARRANT OR GUARANTEE THAT ANY JOB LEADS OR OTHER INFORMATION WILL BE ACCURATE OR LEGITIMATE, YOU WILL SUCCESSFULLY OBTAIN EMPLOYMENT OR CAREER DEVELOPMENT THROUGH THE USE OF THE SERVICE, OR THAT ANY EMPLOYMENT OR CAREER DEVELOPMENT YOU FIND THROUGH THE USE OF THE SERVICE WILL FIT YOUR NEEDS OR BE APPROPRIATE FOR YOU.

Under no circumstances will RiseSmart be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

8. LIMITATION OF LIABILITY.

8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL RISESMART BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TOS.

8.2 THESE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 8.1 DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY OR FOR FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OR IN CASES OF NEGLIGENCE, WHERE A MATERIAL OBLIGATION HAS BEEN BREACHED. A MATERIAL OBLIGATION BEING AN OBLIGATION WHICH FORMS A PREREQUISITE TO OUR DELIVERY OF SERVICES AND ON WHICH YOU MAY REASONABLY RELY, BUT ONLY TO THE EXTENT THAT THE DAMAGES WERE DIRECTLY CAUSED BY THE BREACH AND WERE FORESEEABLE UPON CONCLUSION OF THIS CONTRACT AND TO THE EXTENT THAT THEY ARE TYPICAL IN THE CONTEXT OF THIS CONTRACT.

Some states do not allow the disclaimer or exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations in Sections 7 (Disclaimers) and 8 (Limitation of Liability) may not apply to or be enforceable with respect to you.

IN THESE STATES, RISESMART’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAW OF SUCH STATES, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTION.

9. Indemnification.

You shall defend, indemnify, and hold harmless RiseSmart from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. RiseSmart shall provide notice to you of any such claim, suit or demand. RiseSmart reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting RiseSmart’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any RiseSmart from or against any claims, actions or demands to the extent resulting from any action or inaction of RiseSmart.

10. Confidentiality

You agree to keep strictly confidential, and not to disclose to any third party (other than on a need-to-know basis to a party subject to an obligation to maintain the confidentiality of the information, such as your legal counsel), any confidential or proprietary company client or RiseSmart information to which you are exposed in your use of the Services (Confidential Information). You further agree to use Confidential Information solely for the purposes described in this TOS. Confidential Information includes, without limitation, any information that is marked as confidential or that could reasonably be expected to be considered confidential, including without limitation information about job or career development posts, opportunities, coaching, fees, payment and login information. Confidential Information hereunder does not include information that you can clearly establish: (i) is in the public domain (unless such information is public as a result of a breach by you), (ii) was disclosed to you by a third party that is not subject to confidentiality obligations or (iii) was known to you prior to your first access to the Services. If you believe you are required by an applicable law, regulation or court order to disclose Confidential Information, you will first provide notice to RiseSmart and cooperate with RiseSmart's efforts to limit such disclosure or obtain confidential treatment of such disclosure.

12. Governing Law and court of jurisdiction.

If you live in the EU/EEA or Switzerland, the laws of the Netherlands govern all claims related to these TOS, but this shall not deprive you of the mandatory consumer protections under the law of the country where you have habitual residence. With respect to jurisdiction, you and RiseSmart agree to choose the courts of the country where you have habitual residence for all disputes arising out of or relating to these TOS, or in the alternative, you may choose the responsible court in Amsterdam, the Netherlands. For others outside of the EU/EEA or Switzerland, including those who live outside of the United States: You and RiseSmart agree that the laws of the State of California, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these TOS. You and RiseSmart both agree that all claims and disputes can be litigated only in the federal and state courts of the State of California, and you and RiseSmart each agree to personal jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these TOS.

13. Copyright infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. RiseSmart will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement.

A notification of claimed copyright infringement should be emailed to RiseSmart’s Copyright Agent at user.support@risesmart.com (subject line: “DMCA Takedown Request”). You may also contact RiseSmart by mail at:

Attention: Copyright Agent
RiseSmart, Inc. 3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States

Notice: To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number, and email address
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.

RiseSmart shall defend or, at its sole option, settle, at its own expense any suit, action, or proceeding brought in a court of competent jurisdiction against you by a third party to the extent it is based on a claim that RiseSmart infringes any copyright or trade secret arising under the laws of any jurisdiction (an IP Action), and RiseSmart shall pay damages finally awarded against you in such IP Action, or those monetary damages agreed to by RiseSmart and the claimant in a monetary settlement of such IP Action, in either case subject to the limitations on liability stated herein; provided that RiseSmart will be relieved of the foregoing obligations unless you: (a) give RiseSmart prompt written notice of each such claim; (b) tender to RiseSmart sole control of the defense or settlement of each such IP Action; and (c) cooperate with RiseSmart in defending or settling each such IP Action. If RiseSmart receives notice of an allegation that Risesmart infringes or misappropriates a third party's intellectual property rights, or if your use of the Services is prohibited by permanent injunction of a court of competent jurisdiction as a result of such an infringement or misappropriation, RiseSmart may, at its sole option and expense: (i) procure the right to continue using the Services as provided hereunder; (ii) modify Services so that it is no longer infringing; (iii) replace Services with others of equal or superior functional capability; or (iv) terminate these TOS.

14. Apple-Enabled Software Applications.

RiseSmart offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these TOS, the following terms and conditions apply:

RiseSmart and you acknowledge that these TOS are concluded between RiseSmart and you only, and not with Apple, and that as between RiseSmart and Apple, RiseSmart, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be RiseSmart’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
RiseSmart and you acknowledge that RiseSmart, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between RiseSmart and Apple, RiseSmart, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to RiseSmart as follows:

user.support@risesmart.com
RiseSmart, Inc.
3625 Cumberland Blvd, Suite 600
Atlanta, GA 30339 United States

RiseSmart and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

16. Mobile Devices.

If you use the Service through a mobile device, you agree that information about your use of the Service through your mobile device and carrier will be communicated to RiseSmart, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device causes data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your RiseSmart data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile device/account, you must ensure that your account (and any related messages (as applicable)), are not accessed by another party (or sent to another party) and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your mobile device and provider. Therefore, you should check with your provider to find out the terms for these services for your specific mobile device. By using any downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

17. Free trials

From time to time and at its sole discretion, Risesmart may offer you the opportunity to try a new product or service for free for a limited time (Free trial).

If you register for a Free trial for any of the Services, Risesmart will make such Services available to you on a trial basis free of charge until the earlier of
(a) the end of the free trial period for which you registered to use the Service(s);
(b) the start date of

(i) any subscription to such Service purchased by you or

(ii) a Company Client Engagement for such Service(s); or

These TOS also apply for any Free trials. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into these TOS by reference and are legally binding.

You shall not sign up for multiple accounts in order to receive additional free trial benefits.

Risesmart is not responsible nor liable for any adverse impact caused by or connected with a Free trial.

understanding our terms & conditions.

understanding our
terms & conditions.