CancelGenius | Terms of Use

Terms of Use

CancelGenius Terms of Use Agreement
Date of last revision: January 1st, 2023

These terms of use (the “Agreement”) govern your use of the website cancelgenius.com (“Cancel Genius”) and any other services of 
SM Virtual Solutions, LLC and its subsidiaries, representatives, affiliates, officers and directors (collectively “SMVS” or “Company”), 
or any websites or apps associated with SMVS, or any features, products, graphics, text, images, photos, audio, video, location data, computer code, 
and all other forms of data and communications (collectively, “Content”) made available by the Company (together, “Services”).
By accessing or using the Services, you confirm your agreement to be bound by this Agreement. If you do not agree to the Agreement, 
you may not access or use the Services. This Agreement expressly supersedes prior agreements or arrangements with you regarding the use of the Services.
The terms of this Agreement are subject to change by the Company at any time. If the Company changes this Agreement, it will notify you by email, 
if you have provided an email address with the Company. It will also require you to agree to the update when logging back into the Services. 
Continued use of the Services shall constitute acceptance of the new terms of use Agreement.

I.  Description of the Services

SMVS is a service that assists individuals in cancelling their memberships and other associations with providers that rebill for services and products.

To do so, SMVS both: provides free information on how a User can cancel her or his memberships, and offers pay-services for SMVS to cancel those memberships on behalf of a User.  
SMVS is in no way affiliated with, endorsed by, or sponsored by the rebilling providers from which Users wish to cancel services. Any registered trademarks of rebilling providers are owned to the rebilling providers, not SMVS.

SMVS also provides a privacy service assisting Users in submitting personal information opt out, suppression and removal requests to lists of third-party data brokers and information aggregators on the Users behalf.

II. Services

A. SMVS provides a cancellation reminder service to Users who subscribe to the service as a convenience to remind them to cancel unneeded 
services on a rolling 125 day schedule. Users can cancel or pause anytime by going to the following location: cancelgenius.com/subscription.

The terms of the cancellation reminder service is as follows:
- The user is billed $37 every 125 days.
- On that day – any User who has subscribed to the service will receive a cancellation reminder email 
with a link in it that will take them to a form to fill in any service they would like to cancel. 
Once filled out, our team will cancel the service on the customer’s behalf.
- The cancellation link expires 125 days after being issued and will not be refundable.
- The User can disable or pause the service anytime.
- The User can ask for a refund for the last payment up to 90 days after the charge

B. SMVS provides a privacy service assisting Users in submitting personal information opt out, 
suppression and removal requests to lists of third-party data brokers and information aggregators on the Users behalf.

The service is billed annually at a price of $99.

Users can cancel or pause anytime by going to the following location: cancelgenius.com/subscription.

The terms of the privacy service is as follows:
- The user is billed $99 at the time User subscribes and then $99 annually.
- After the subscription payment is collected, SMVS will begin submitting personal information opt out, suppression and removal requests to lists of third-party data brokers and information aggregators on the Users behalf.
- The User can disable or pause the service anytime.
- The User can ask for a refund for the last payment up to 90 days after the charge

III. Your Use of the Services

A.  User Representations and Eligibility to Use Services
By registering and using the Services, you represent and warrant you: 
(i) have the authority and capacity to enter this Agreement; 
(ii) if acting on behalf of an individual or entity, you have the authority to act on behalf of that individual or entity; 
(iii) are 18 years or older; and 
(iv) are not otherwise precluded or ineligible to use the Services and has not been previously suspended from using the 
Services under any name or entity.

B.  Truthfulness of Information
You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. 
You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.

C.  Limited Use of Services
The Services are only for the uses specified in this Agreement. You may not use the Services or any Content contained in the Services in 
connection with any commercial endeavors outside of this Agreement. The Company reserves the right to investigate and take legal action in response 
to illegal and/or unauthorized uses of the Services, including illegal use of Content and unauthorized access of or linking to the Services.

D.  No Infringement: Company
You agree that the Company’s Services contain proprietary information and material that is owned by the Company and is protected by 
applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws. The Company’s 
ownership extends to all content, features, and functionality on the website and in Company communication that is protected or protectable under the law. 
You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. 
No portion of the Services may be copied or reproduced in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by an authorized agent of the Company. 
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way. 
In no way should your use of the Services be construed to diminish the Company’s intellectual property rights or be construed as to provide you a license or the ability to use the Services 
in any context other than as expressly permitted under this Agreement.

E.  Prohibited Activities
Users shall not engage in the following activities: 
1.  Use the Services for any unlawful activities or in violation of any laws, regulations, contractual provisions, or parking restrictions;
2.  Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, 
ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
3.  Access another User’s account without permission;
4.  Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
5.  Spam any comments section with offers of goods and services, or inappropriate messages;
6.  Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services;
7.  Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; 
8.  Solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or disseminate another 
person’s personal information without his or her permission; or
9. Use the Services for any commercial purpose whatsoever without the express written consent of the Company.

F.  Application of Agreement Regardless of Type of Use
The terms of this Agreement apply regardless of how Users use the Services, including accessing free content on the website and 
using pay services via the website, e-mail, or telephone.

G.  Refund Policy
If the Company is unable to cancel a service or product for a User who has paid for a cancellation service, the Company will 
contact User to update User on the status of the cancellation and offer User a refund upon User’s request.  Refunds are not provided where: 
(1) User does not request the refund; 
(2) a request is not received within ninety (90) days after the Company contacts User concerning a refund request; 
(3) User contracts the Company to cancel with a provider where the Company’s role is to mail a certified letter and not conduct follow-up; 
(4) User did not fully cooperate, did not timely respond to a request for additional information, or otherwise obstructed the Company’s efforts, 
as determined by the Company; or 
(5) User violated any policy or provision of any agreement with the Company, as determined by the Company.  
These terms govern regardless of whether User or the Company terminates the Company’s Services.  
Upon a request for a qualifying refund, the Company will refund the portion paid for cancellation of that specific service.

IV.  Notices and Disclaimers

The Company operates for the limited purpose of providing information and assisting Users concerning the termination of memberships to rebilling services.  
When using the Company’s Services, Users acknowledge and accept the following:

A.  The Company provides access to free information concerning how to cancel memberships generally and with specific providers.  
Individual providers can change their procedures for cancellation at any time; the Company endeavors to keep information concerning cancelling up to date, 
but cannot guarantee all information is current.  The information the Company provides is for informational purposes only and is not a guarantee or formal statement as to: 
what any given provider requires or will require, or what the result of following such information will be.  Users are responsible to confirm any information as they see fit.

B.  The Company is not affiliated with, endorsed by, or acting on behalf of any providers. The Company is a third party and acts on behalf 
and at the request of its Users, when engaged to do so.  The Company has no control over the policies or actions of providers.  
If there is a dispute between a provider and a User who is using the pay Services, the Company will make reasonable efforts to resolve the 
dispute to complete a cancellation.  The Company makes no guarantees concerning results.

C.  By engaging in the pay Services with the Company, User authorizes the Company to act on behalf of User, without limitation, 
for the purpose of cancelling the service or product.

D.  When a User engages the Services, she or he authorizes the Company to collect, store, and use her or his personal information to 
carry out the Services requested.  For full information on the nature and use of such information, 
consult the Privacy Policy at http://cancelgenius.com/legal/privacy-policy.html.

E.  The Company utilizes third-party payment services (currently, Stripe Payments) to handle payment services.  
The Company generally covers fees for use of those services.  However, User understands the Company has no control over the fees the third party 
charges or any changes in the third party’s fee structures or policies. User acknowledges that these services may charge a transaction fee 
in addition to the fee charged by the Company and, if User has any issue with charges, those issues need to be addressed with the third-party 
payment service.  The Company is not responsible for disputes between User and the third party.

F.  Third-party services have their own terms of use, privacy policies, and other requirements that User should review prior to utilizing those services.  
The Company has no control over, and makes no representations concerning, any third-party’s policies or operations.

V. Waiver and Indemnification

A.  Waiver of Liability
The Company assists Users in cancelling their memberships with rebilling providers.  When using information provided by the Company, 
User is solely responsible for confirming the accuracy of such information and for her or his decision to follow any information provided.  
Furthermore, when requesting the Company act on User’s behalf, the Company is not liable for any actions, or their consequences, of the provider or User.
User waives any liability of or claims against the Company for any injuries or damages (including compensatory, punitive, special, or consequential damages) 
User incurs as a result of using any of the Services, including any claim or liability stemming from the Company’s negligence.

B.  Indemnification
If the Company is subject to a complaint, demand, mediation, arbitration, litigation, or other pursuit based upon User’s conduct relating to or 
from use of the Services—including providing the Company false information, violating this Agreement, or otherwise misusing the Services—User 
agrees to indemnify the Company for all costs, expenses, and fees (including attorneys’ fees by the attorneys of the Company’s choice) it expends 
in defending itself against or otherwise addressing such pursuit.  User agrees to indemnify the Company as soon as the Company incurs the costs, 
expenses, and fees, whether those are billed by event, or in week, month, or some other interval.

VI.  Termination

A.  Right and Grounds to Terminate User Access
To protect the Company and its Users, the Company reserves an unrestricted right to refuse, terminate, block, or cancel a User’s use or access to the Services at any time, with or without cause.  
User acknowledges here that User has no right to use of the Services.  Primary reasons warranting termination include 
(and primary reasons leading to suspension pending investigation of claims or evidence of the following):

1.  A User violating any of the provisions of this Agreement; 
2.  A User hindering or interfering with the Company in providing its Services;
3.  A User making misrepresentations, lying, or deceiving the Company or providers; and,
4.  A User using the Services or Content in violation of any international, federal, state, or local law, or applicable regulation, rule, or 
order by any regulatory, governing, or private authority, or a court of competent jurisdiction.

B.  No Right to Services or Content
User neither possesses nor retains any ownership of or rights to the Services or any content generated by the Company, User, or other Users.  Upon termination, User has no right to access or have returned any such information.

C.  Survival
After termination, the Company retains all rights to content as specified in this Agreement.  Sections II, IV, and VI of this Agreement survive after termination.

VII. General Provisions

A.  DMCA Violations
If you believe any Content on any Services of the Company infringes on your copyright, you may request removal of the Content by contacting 
the following address:  support@cancelgenius.com. The Company will respond to all requests as quickly as possible and to the best of its ability.

B.  Successors and Assignees
The Company may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of the 
Company’s ownership or assets. Users may not assign this Agreement without express written permission from the Company.

User agrees that any waiver or protections afforded to the Company are also provided to its affiliates, directors, officers, principals, 
employees, agents, and successors in their roles and relationship with the Company.  User also acknowledges that all waivers and agreements 
bind not only User, but any of User’s successors, heirs, agents, and other representatives.

C.  Arbitration
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. Users may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.  Parties understand and accept that, by agreeing to arbitration, the Parties are foregoing their access to a trial by jury.

D.  Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of Delaware. The venue for any disputes including mediation, arbitration, or litigation shall be in Delaware. Each Party agrees to waive the following defenses to any action brought in Delaware: forum non conveniens and lack of personal jurisdiction.

E.  Waiver
If one Party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either Party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that Party retains the right to enforce that term or provision at a later time.

F.  Severability
If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law.  Furthermore, if a provision is deemed invalid or unenforceable, the Parties agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.

G.  Understanding of Agreement
You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement, and have either done so or chosen not to do so in entering this Agreement.  Regardless of your choice, you intend to be fully bound by this Agreement.

H.  Entire Agreement
This Agreement, together with the Privacy Policy, constitutes the entire agreement between the Company and you, and supersedes all prior agreements, representations, and understandings, oral or written, between the Parties.