SmartBear Website Terms of Use
The following terms and conditions shall govern your access and use of the websites operated by SmartBear Inc. and its affiliates (collectively, "SmartBear"), including smartbear.com and all other websites owned or operated by SmartBear as well as your access and use of any services available on or through the Websites, social media pages, articles and other documents that are owned and operated by SmartBear or expressly reference these Terms (each a "Website" and, collectively, the "Websites"). Capitalized terms used but not defined herein have the meaning given at https://smartbear.com/legal.
The Websites may contain other proprietary notices, terms and conditions of use, and copyright information, the terms of which shall also govern your access and use of the applicable Website and services (such terms together with the terms below, the "Terms"). The Terms are a legal contract between you and SmartBear and, by using a Website or any services provided thereon, you agree that to be bound by the Terms and represent that you are at least 18 years of age. If you do not agree to all of the Terms, do not use any Website or any service. You agree that use of any Website or any service signifies that you have read, understood and agree to be bound by the Terms. SmartBear may make changes to any Website or services offered on the Websites, and SmartBear can change the Terms at any time by posting the updated Terms on the applicable Websites. Your continued use of the Websites or services after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes. Therefore, it is your responsibility to check the Terms posted on the Websites periodically to stay informed of updates and changes.
Additional terms and conditions may apply to purchases of SmartBear Solutions or use of certain features on the Website. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or Solution, the latter terms will control with respect to your use of that portion of the Site or the specific Solution. If you have entered into a separate paid agreement with us for specific Solutions, then the terms of that agreement control if it conflicts with these Terms.
Use at Own Risk – Disclaimer of Warranties
ALL DATA PROVIDED ON THE WEBSITES AND ANY RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Your use of the Websites and any services are at your own risk. None of the information or data on the Websites, including third party content has been verified or authenticated. Any such information or data on the Websites may contain technical inaccuracies or typographical errors. Information and data may be changed or updated without notice. SmartBear may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. SmartBear shall have no liability for any errors or omissions in such information or data, including third party content, whether provided by SmartBear or others.
Design/Layout
The design or layout of this smartbear.com website, or any other Website owned, operated, licensed or controlled is the property of SmartBear. Elements of the Websites are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Website may be copied or retransmitted unless expressly permitted by SmartBear.
Third Party Websites and Content
SmartBear makes no representations whatsoever about any other websites, products or services as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties which you may access through the Websites. When you access another website, or a third party website from a Website, please understand that the links are provided for convenience only and are independent of SmartBear, and that SmartBear has no control over the content on that website. In addition, a link to a non-SmartBear website does not mean SmartBear endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Websites or relating to any applications you use or install from the Website.
Your Content and Submissions
Unless otherwise indicated, the Websites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Websites (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms, no part of the Websites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Websites ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Indemnification
You agree to indemnify, defend, and hold harmless SmartBear and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your misuse of the Websites.
Limitation of Liability
IN NO EVENT WILL SMARTBEAR, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR RELATED TO USE OF THE WEBSITES OR SERVICES, OR ON ANY OTHER HYPER LINKED OR THIRD PARTY WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, HOWEVER ARISING, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, SMARTBEAR’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE WEBSITES OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
Local Laws and Export Control
SmartBear controls and operates the Websites from its headquarters in the United States of America and the services, information and data on the Websites may not be appropriate for use in other locations. If you use the Websites or services outside the United States of America, you shall be responsible for following the applicable export/import control laws and all applicable local laws. You also certify that you are not a Prohibited Person (as defined by United States federal law) nor owned, controlled by, or acting on behalf of a Prohibited Person.
Forward-Looking Statements
The Websites may contain express or implied forward-looking statements, which are based on current expectations of management. These statements are neither promises nor guarantees but are subject to a variety of risks and uncertainties, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. SmartBear assumes no obligation to update any forward-looking statements appearing on this website in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
General
SmartBear’s obligations, if any, regarding its products and services are specified in the Master Solutions Agreement ("Agreement") under which they are provided. Nothing in these shall modify such Agreement.
You understand that SmartBear’s Privacy Notice applies to your access to and use of the Websites. The Privacy Policy explains how we collect, use and share information about you.
SmartBear prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of the Terms, as determined by SmartBear, will result in termination of your access to the Websites or services. Massachusetts law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern the Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in the Commonwealth of Massachusetts. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SmartBear's failure to enforce any of the Terms is not a waiver of such term. The Terms are the entire agreement between you and SmartBear and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and SmartBear about the Websites.
These Terms shall remain in full force and effect while you use the Websites. These Terms shall remain in full force and effect while you use the Websites. SmartBear reserves the right to restrict or terminate your access to the Websites at any time, without notice, for any reason, including breach of these Terms or any applicable law.
The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of the Terms.
Contact
In order to receive further information regarding use of the Websites, and to resolve a complaint or receive general technical support about the Website, please contact us at:
450 Artisan Way, 4th Floor
Somerville, MA 02145, USA
+1 (617) 684-2600
legal@smartbear.com
Last updated: August 21, 2026