Terms of service

Smartware Advisors LLC

Terms of Service

Operating the brands Product Recovery Group and Product Forensics Group

Effective Date: January 1, 2026   |   Last Updated: January 1, 2026

 

Welcome to Product Recovery Group and Product Forensics Group, brands operated by Smartware Advisors LLC (“Smartware Advisors,” “Smartware,” “we,” “us,” or “our”). Product Recovery Group and Product Forensics Group are trade names and brands of Smartware Advisors LLC and are not separate legal entities. All obligations, rights, and liabilities under these Terms are those of Smartware Advisors LLC.

These Terms of Service (“Terms”) govern your access to and use of our websites, applications, tools, content, communications, and services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

For information on how we collect and use personal information, please review our Privacy Policy, which is incorporated into these Terms by reference.


1. Scope of Services and Materials Covered

These Terms apply to all Smartware Advisors materials and offerings, whether paid or unpaid, including but not limited to:

  • Consulting, advisory, and coaching services
  • Webinars, workshops, seminars, and live events
  • Books, guides, reports, and downloadable materials
  • Articles, blogs, newsletters, and case studies
  • Frameworks, methodologies, diagnostics, assessments, and tools
  • Digital products, templates, presentations, and recordings
  • Email communications and educational content

All such materials are provided for general informational and educational purposes only unless expressly governed by a separate written agreement.

2. Intellectual Property Rights

A. Ownership

All content, materials, and functionality included in the Services—including text, graphics, logos, icons, images, videos, frameworks, methodologies, models, algorithms, software, and documentation (“Content”)—are the exclusive property of Smartware Advisors or its licensors and are protected by intellectual property laws in the United States, Canada, and other jurisdictions.

B. No Transfer of Rights

Nothing in these Terms transfers ownership or grants any intellectual property rights except as expressly stated.

3. Limited License and Permitted Use

Smartware Advisors grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your internal, non-commercial business or personal use, provided that you:

  • Do not modify or create derivative works
  • Do not remove proprietary notices
  • Do not redistribute, publish, sublicense, or resell the Content

Any use beyond this scope requires prior written consent. This license automatically terminates upon violation of these Terms.

4. Prohibited Uses

You agree not to:

  • Rely on the Services as a substitute for professional judgment
  • Use the Content to provide services to third parties without authorization
  • Misrepresent the source of Smartware Advisors materials
  • Reverse engineer, scrape, or exploit the Services
  • Use the Services in a way that violates applicable law

5. Educational Content & No Professional Reliance

All Services and Content are provided for general informational and educational purposes only.

Smartware Advisors does not provide legal, financial, investment, medical, engineering certification, regulatory, or guaranteed business advice unless expressly agreed in writing. You acknowledge and agree that:

  • Any decisions you make based on the Services are at your sole discretion and risk
  • You are responsible for obtaining independent professional advice before making product, technical, financial, or business decisions
  • Outcomes may vary and no results are guaranteed

6. User Submissions

If you submit content (e.g., feedback, survey responses, comments, case examples):

  • You grant Smartware Advisors a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, adapt, and publish such content
  • You represent that you have the right to submit the content
  • You agree not to submit content that is unlawful, infringing, misleading, or confidential

We reserve the right to remove submissions at our discretion.

7. Copyright Infringement (DMCA Notice)

To report alleged copyright infringement, submit a written notice including required DMCA elements to:

Legal Department

Smartware Advisors LLC (operating Product Recovery Group and Product Forensics Group)

info@smartwareadvisors.com

8. Third-Party Content and Links

The Services may include links to third-party websites or tools. Smartware Advisors does not control and is not responsible for third-party content, terms, or practices. Accessing third-party services is at your own risk.

9. Subscriptions, Paid Services, and Billing

If you purchase paid Services:

  • Pricing, renewal terms, and cancellation rights will be disclosed at checkout
  • Subscriptions may renew automatically unless cancelled
  • We comply with applicable U.S. and Canadian auto-renewal and cancellation laws, including the FTC’s “Click-to-Cancel” requirements and the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606)
  • For any automatically renewing subscription, we will present the automatic-renewal terms in a clear and conspicuous manner and obtain your affirmative consent before charging; provide an acknowledgment with the renewal terms, cancellation policy, and cancellation instructions; and make an easy-to-use online mechanism available for you to cancel before the next renewal.

Refunds and cancellations are governed by our Refund & Cancellation Policy.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SMARTWARE ADVISORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS OR RELIABILITY, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTWARE ADVISORS’ TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU (IF ANY) FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

Smartware Advisors shall not be liable for indirect, incidental, consequential, or business interruption damages. Some jurisdictions do not allow certain limitations; in those cases, limitations apply to the fullest extent permitted by law.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, fraudulent misrepresentation, willful injury, or violation of law (Cal. Civ. Code § 1668), or any non-waivable rights you may have as a consumer.

12. Indemnification

You agree to indemnify and hold harmless Smartware Advisors, its affiliates, officers, employees, and contractors from any claims, damages, or expenses arising from your use of the Services, your reliance on Content, or your violation of these Terms or applicable law.

13. Dispute Resolution and Arbitration

We encourage informal resolution of disputes first. Unless prohibited by law:

  • Disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), administered in California, with each party bearing its own attorneys’ fees except where a statute provides otherwise
  • You may opt out of arbitration within 30 days of first use by emailing legal@smartwareadvisors.com
  • Class-action waiver: To the extent permitted by law, disputes will be resolved on an individual basis, and you and Smartware Advisors waive any right to bring or participate in a class, collective, or representative action.

Preservation of consumer rights: Nothing in this Section waives any non-waivable right you may have under California law, including the Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) or the Automatic Renewal Law. This arbitration agreement is mutual and binds both you and Smartware Advisors equally.

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, except where mandatory local law applies.

15. California Consumer Rights (CLRA Notice)

If you are a California consumer, you may have rights under the Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.). Before commencing an action for damages under the CLRA, you agree to notify Smartware Advisors in writing of the alleged violation and allow 30 days to cure, in accordance with Cal. Civ. Code § 1782. Notices should be sent to legal@smartwareadvisors.com or the mailing address in Section 18. Privacy rights, including your rights under the California Consumer Privacy Act (CCPA/CPRA), are described in our Privacy Policy.

16. Modifications to These Terms

We may update these Terms periodically. Continued use of the Services after updates constitutes acceptance. Material changes will be communicated in a reasonable manner.

17. Severability and Entire Agreement

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. These Terms, together with the Privacy Policy and any Refund & Cancellation Policy, constitute the entire agreement between you and Smartware Advisors regarding the Services.

18. Contact Information

For questions regarding these Terms:

Smartware Advisors LLC (operating Product Recovery Group and Product Forensics Group)

Email: info@smartwareadvisors.com  Â