Last Updated: July 17, 2026
1. Agreement to Terms These Terms of Service (“Terms”) govern your access to and use of the website located at smartifymedia.com and any related services, tools, and content (collectively, the “Site”) operated by Smartify Media (“Smartify,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site. Smartify operates a premium digital out-of-home (DOOH) and retail media network, connecting property owners and local businesses who host digital screens (“Hosts”), advertisers who purchase advertising space (“Advertisers”), commercial real estate and portfolio partners, and agency media buyers. These Terms apply to all visitors and users of the Site. Specific commercial relationships — such as screen hosting, advertising campaigns, or real estate partnerships — are governed by separate written agreements (for example, a Host Agreement or Insertion Order). Where a conflict exists between these Terms and a signed agreement, the signed agreement controls for that relationship.
2. Who We Are and What the Site Offers The Site provides information about, and facilitates inquiries related to, Smartify’s services, including:
3. Eligibility You must be at least 18 years old and able to form a binding contract to use the Site. If you use the Site on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms. Smartify Media — Terms of Service Page 2
4. Acceptable Use When using the Site, you agree not to:
5. Host, Advertiser, and Partner Submissions The Site may allow you to submit information to express interest in becoming a Host, Advertiser, or partner (for example, through a contact form or application). By submitting information, you represent that it is accurate and that you have the authority to provide it. Submitting an inquiry does not guarantee acceptance into any Smartify program.
6. SMS Communications- By opting in to receive SMS messages from Smartify, you agree to receive text messages related to your relationship with Smartify. These messages may include appointment or meeting reminders, account notifications, customer support communications, promotiona offers, marketing campaigns, event invitations, product updates, and other information about our services. Message and data rates apply, message frequency may vary, Reply STOP to opt-out, Reply HELP for assistance, consent is not a condition of purchase, and carriers are not liable for delayed or undelivered messages
7. Intellectual Property The Site and all content on it — including text, graphics, logos, screen designs, software, and the Smartify name and marks — are owned by Smartify and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works from any Site content without Smartify’s prior written consent. Any Host, Advertiser, or partner branding, creative assets, or trademarks displayed on Smartify screens remain the property of their respective owners and are used solely as authorized under the applicable written agreement.
8. Third-Party Links and Content The Site may contain links to third-party websites or services not owned or controlled by Smartify. We are not responsible for the content, accuracy, or practices of any third-party site, and linking to a third-party site does not imply endorsement.
9. Privacy Your use of the Site is also governed by Smartify’s Privacy Policy, which describes how we collect, use, and protect information. By using the Site, you consent to the practices described in the Privacy Policy. Smartify Media — Terms of Service Page 3 View our Privacy Policy
10. Disclaimers THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERRORFREE. SMARTIFY DOES NOT GUARANTEE ANY SPECIFIC BUSINESS RESULT, REVENUE, IMPRESSION COUNT, OR RETURN ON ADVERTISING SPEND FROM USE OF THE SITE OR PARTICIPATION IN ANY SMARTIFY PROGRAM DESCRIBED HERE; ANY SUCH METRICS OR PROJECTIONS ARE ADDRESSED, IF AT ALL, IN A SEPARATE SIGNED AGREEMENT.
11. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTIFY AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARTIFY’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SITE WILL NOT EXCEED [INSERT AMOUNT, e.g., ONE HUNDRED DOLLARS ($100)].
12. Indemnification You agree to indemnify and hold harmless Smartify and its officers, employees, and affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Site or violation of these Terms.
13. Termination Smartify may suspend or terminate your access to the Site at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to Smartify, other users, or third parties.
14. Changes to These Terms Smartify may update these Terms from time to time. The “Effective date” above reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
15. Governing Law and Dispute Resolution These Terms are governed by the laws of Florida, without regard to conflict-of-law principles. Smartify Media — Terms of Service Page 4
16. Contact Us Questions about these Terms can be directed to: Smartify Media 2916 N Miami Ave, Miami, FL 33127, team@smartifymedia.com
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