Terms & Conditions

Effective Date: 20/08/2024

1) Who We Are & What We Do

Smart Commisary is a private directory that provides digital guidance and step-by-step assistance to help families and friends in the U.S. use authorized third-party providers for services such as commissary, phone services, video visits, tablet programs, secure-package programs (e.g., Securepak), and similar offerings.
We do not operate deposit, calling, video, tablet, or package platforms. We are not affiliated with any government agency or facility and do not guarantee third-party outcomes or availability.
No legal/financial advice: our content is informational guidance only.

2) Digital Nature of Services & Start of Work

All services are delivered digitally (e.g., email, WhatsApp, or similar). Work typically begins immediately after successful payment.
By purchasing, you acknowledge that:

This is a digital consulting/advisory service (not a physical product).
You will provide accurate contact and recipient details (name as listed, ID number, facility, provider, etc.).
A service is deemed delivered once we send your personalized instructions, links, screenshots, confirmations, and/or have provided live guidance aligned to your request.

3) Delivery, Acceptance & Support Window

Delivery confirmation: We may request acknowledgment. If you do not reply within 24 hours of our delivery, the service is deemed accepted.
Follow-up support: Your purchase includes up to 14 days of reasonable follow-up Q&A for the same case (minor clarifications, link re-sending).
Scope changes: New facilities/recipients or different third-party services are out of scope and may require a new purchase.

4) Refund Policy

Because our services are digital and begin quickly, refunds are not available once delivery has occurred (§§2–3).
Exceptions: (a) duplicate charge; or (b) non-delivery attributable solely to us (we failed to send the guide/provide assistance after you paid and provided all required data).
Not eligible: incorrect/incomplete info from you; third-party changes (policies/fees/availability); device/network/geo restrictions; dissatisfaction with outcomes where guidance was delivered as described.
Requesting an exception: Email support@smartcommisary.com within 24 hours of purchase (include order ID, email, and a concise description). Approved refunds are processed back to the original payment method within 5–10 business days.

5) User Responsibilities

You agree to: (i) use our services lawfully; (ii) provide accurate, complete recipient/payer information; (iii) review and comply with third-party provider terms, fees, and verification steps; (iv) promptly inform us if the recipient’s facility, ID, or provider changes; (v) maintain access to your email/WhatsApp and ensure messages are not blocked.

6) Third-Party Services Disclaimer

We have no control over third-party providers (platforms, facilities, processors). They may change policies, pricing, or availability without notice. We are not responsible for delays or issues caused by third parties, including payment processors, mobile networks, downtime, or maintenance windows.

7) Disclaimer of Warranties (AS-IS)

THE SERVICES AND ALL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8) Limitation of Liability

To the maximum extent permitted by law: (a) Smart Commisary is not liable for indirect, incidental, consequential, special, punitive, or exemplary damages; and (b) our total aggregate liability for any claim related to the services is limited to the amount you paid for the specific service at issue.

9) Indemnification

You agree to defend, indemnify, and hold harmless Smart Commisary and its personnel from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your breach of these Terms; (b) inaccurate or incomplete information you provide (e.g., names/IDs/facility); or (c) your misuse of third-party platforms.

10) Right to Refuse/Suspend Service (Fraud/KYC)

We may refuse, suspend, or cancel a service, and request additional verification (e.g., ID, proof of relationship, facility/recipient confirmation) if we suspect fraud, abuse, chargeback risk, or non-compliance.

11) Age & Eligibility

Services are intended for individuals 18+. By purchasing, you represent that you are at least 18.

12) U.S.-Wide Governing Law, Arbitration & Class Action Waiver

a) FAA governs. The Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the enforceability and interpretation of this arbitration agreement in all 50 U.S. states.
b) Mandatory individual arbitration. Any dispute or claim relating to these Terms or our services shall be resolved by confidential, binding arbitration on an individual basis, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this Section.
c) Choice of state law. Aside from issues governed by the FAA, the substantive law of your U.S. state of primary residence applies, without regard to conflict-of-law rules.
d) Forum & convenience. Unless we agree otherwise in writing, hearings occur by video/telephone, or in person in the county of your primary residence.
e) Small-claims option. Either party may bring an individual claim in small-claims court with proper jurisdiction in the consumer’s county instead of arbitration.
f) Class/Jury waiver. No class actions or class arbitrations. You and Smart Commisary waive any right to a jury trial and agree to bring claims only in an individual capacity.
g) Costs/fees. AAA rules govern arbitration fees; each party pays its own attorneys’ fees unless the arbitrator awards fees under applicable law.
h) Opt-out (30 days). You may opt out of this arbitration agreement within 30 days of your first purchase by emailing support@smartcommisary.com with subject “Arbitration Opt-Out.”
i) Severability. If any part is unenforceable, the remainder applies to the fullest extent permitted by law.

13) ESIGN/UETA – Electronic Records & Signatures

You consent to receive records and disclosures electronically (ESIGN, UETA). Electronic acknowledgments, confirmations, and message logs constitute delivery and acceptance.

14) Communications Consent (TCPA/CAN-SPAM)

By contacting or purchasing, you authorize Smart Commisary to reach you via phone, email, SMS, and messaging apps (e.g., WhatsApp) for service delivery and updates. You may opt out anytime (reply “STOP” on SMS/WhatsApp or email “unsubscribe”). Message and data rates may apply.

15) Third-Party Links

Links to third-party sites are provided for convenience only; we do not control or endorse their content or practices.

16) Service Availability & Changes

We may modify or discontinue any content or feature at any time. Third-party providers may change policies, fees, or availability without notice.

17) Sanctions/Export (OFAC)

You represent you are not located in, under control of, or a national or resident of any country or person on U.S. sanctions lists (OFAC), and you will not use the services in violation of U.S. export/sanctions laws.

18) Accessibility & Controlling Language

We strive to meet WCAG accessibility standards. If you need accommodations, contact support@smartcommisary.com. In case of translation inconsistencies, the English version controls.

19) Force Majeure

We are not liable for delays/failures caused by events beyond our reasonable control (e.g., outages, natural disasters, acts of government, labor disputes, platform-wide disruptions).

20) Entire Agreement; No Reliance

These Terms are the entire agreement and supersede prior understandings. You acknowledge you have not relied on any statement not expressly set out here.

21) Severability & Survival

If any provision is held invalid, the remaining provisions remain in force. Sections that by their nature survive (IP, limitations, dispute resolution) shall survive termination.

22) Contact

Email: support@smartcommisary.com