Terms of Service for AgentsPayouts

These Terms and Conditions ("Terms") constitute a legally binding agreement (Binding Agreement) governing the use of the AgentsPayouts software-as-a-service (SaaS) platform, developed and operated by SMTM LAB LLC ("the Company", "we"). By accessing or using the Service, you ("the Customer", "the Agency") agree to be bound by these Terms in their entirety.

1. Definitions

"Customer" or "Agency": The legal entity that subscribes to the Service.

"User" or "Agent": The independent travel agents or employees authorized by the Customer to access the platform.

"Customer Data": All information, sales records, bookings, and traveler data uploaded to the system by the Customer or its Users.

2. Accounts and legal capacity

You are solely responsible for maintaining the confidentiality of your credentials (Account Security). By accepting these Terms, you represent that you are at least 18 years of age and possess the legal and corporate authority necessary to bind your organization to this contract.

3. Grant of License

Subject to timely payment of the applicable fees, SMTM LAB LLC grants the Customer a limited, revocable, non-exclusive, and non-transferable license to access and use AgentsPayouts strictly for internal business purposes.

4. Acceptable use and regulatory compliance

The Customer agrees not to reverse engineer, decompile, or use the system for unlawful purposes or to develop a competing product.

Travel industry compliance: The Customer represents and warrants that it holds and will maintain all licenses and registrations required by law, including registration as a Seller of Travel (SOT) with the Florida Department of Agriculture and Consumer Services (FDACS) or the equivalent authority in its operating jurisdiction.

5. Customer Data and Privacy

The Customer retains exclusive ownership of its Customer Data (Data Ownership). However, the Customer warrants that it has obtained all necessary legal consents (privacy consents) to upload such data to the platform. SMTM LAB LLC does not supervise, verify, or audit the accuracy or legality of the data entered.

6. Fees, Payments, and Suspension

Subscription payments are processed through <strong>Stripe, Inc.</strong>, subject to their own terms of service and privacy policy; SMTM LAB LLC does not receive or store card numbers. Subscription fees are final and non-refundable, except where required by law. Default or credit card rejection will result in the immediate suspension of access to the Customer's Workspace until the account is brought current. The Customer is responsible for all applicable taxes (e.g., Sales Tax).

7. Intellectual Property

AgentsPayouts, including its source code, architecture, interface design (UI/UX), databases, and underlying algorithms, is the exclusive and non-delegable property of SMTM LAB LLC.

8. Operational Disclaimer

AgentsPayouts is exclusively an administrative management and calculation tool (Software Tool). SMTM LAB LLC does not act as a fiduciary, employer, or partner of the Customer or its Agents. We assume no liability for human errors in data entry, discrepancies in confirmation numbers, cancellations or failures of end providers (airlines, hotels, theme park ecosystems, etc.), nor for the loss of commissions arising from transient technical failures of the Service.

9. Third-Party Services

The platform integrates with third-party infrastructures (e.g., Supabase, Vercel, Stripe). SMTM LAB LLC disclaims all liability for service interruptions (downtime) or security breaches originating directly from the networks of these external providers (Force Majeure).

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMTM LAB LLC, ITS PARTNERS, DIRECTORS, OR AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF DATA). IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF SMTM LAB LLC EXCEED THE SUM OF THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD $100.00, WHICHEVER IS LESS.

11. Indemnification

The Customer agrees to defend, indemnify, and hold harmless SMTM LAB LLC against any claim, demand, fine, penalty, or legal expense (including reasonable attorneys' fees) brought by third parties (including Agents or travelers) arising from: (a) the Customer's use of the platform; (b) violations of labor or travel regulations; or (c) breach of these Terms.

12. Governing Law and Venue

These Terms shall be construed in accordance with the laws of the State of Florida. The exclusive jurisdiction for any controversy shall be the state or federal courts located in Orange County, Florida.

13. Dispute Resolution and Waivers

The parties shall attempt in good faith an informal resolution for thirty (30) days. If unresolved, THE CUSTOMER EXPRESSLY WAIVES THE RIGHT TO A JURY TRIAL (JURY TRIAL WAIVER) AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS (CLASS ACTION WAIVER).

14. Legal Contact

SMTM LAB LLC
9826 Introduction Way, Orlando, FL 32832, United States
Email: [email protected]