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terms of use

Effective Date: March 1, 2026

1. Introduction

1.1. Use of the SmartRetry website, available at https://smartretry.com (the “Website”), is subject to the terms and conditions set forth below (the “Terms of Use”), including the Privacy Policy and subject to applicable law. The Website is a marketing and informational website only and does not provide access to the SmartRetry payment processing system. Use of the Website constitutes your express consent (the “User”) to these Terms of Use.

1.2. The Website may be used only by individuals who are at least 18 years old and legally competent, or by legal entities. The Website may be used for lawful purposes only and in accordance with these Terms of Use.

1.3. The purpose of these Terms of Use is to clarify the relationship between the Website operator, SmartRetry (the “Operator”), and any person or entity accessing the Website. Use of the Website constitutes your agreement to these Terms and your commitment to act accordingly. If you do not agree to all of these Terms, you must refrain from using the Website.

1.4. These Terms of Use govern your access to and use of the Website and shall apply to any use you make thereof, including, without limitation, any use of the information, content, materials, or services made available on or through the Website, any links to external sources provided therein or through it, as well as any submission of information by you. These Terms constitute the legal basis for any engagement, interaction, or action carried out in connection with the Website.

1.5. For the avoidance of doubt, these Terms apply solely to the Website. Access to and use of the SmartRetry payment optimization and retry management platform (the “SmartRetry System” or the “Platform”) are governed exclusively by a separate written commercial agreement between the Operator and the relevant client.

The Website is provided for informational and marketing purposes only and does not constitute a binding offer, professional advice, or any commitment to provide access to the SmartRetry System. In the event of any inconsistency between these Terms and a signed commercial agreement governing use of the SmartRetry System, the commercial agreement shall prevail.

1.6. The Operator reserves the right to terminate your use of the Website if you fail to comply with any provision of these Terms. The Operator also reserves the right to update these Terms from time to time at its sole discretion without prior notice. The binding version shall be the version published on the Website at the time of use. Accordingly, prior to taking any action on the Website, you are requested to carefully review these Terms of Use, including the Privacy Policy. If you do not agree to all of these Terms, you must refrain from any use of the Website.

1.7. In these Terms of Use, words in the singular include the plural and vice versa, and words referring to any gender include all genders. The masculine form is used for convenience only and shall not be deemed to imply any discrimination or limitation.

1.8. These Terms of Use constitute the entire agreement between the parties with respect to their subject matter and supersede any prior agreements, proposals, representations, or understandings, whether written or oral, relating thereto.
In the event of any conflict and/or inconsistency of any kind between the content of the Website and the provisions of these Terms of Use, the provisions of these Terms of Use shall prevail and govern.

1.9. The Operator reserves the right, at its sole discretion, to modify, suspend, or discontinue the operation of the Website, in whole or in part, at any time and without prior notice. The User shall have no claims, demands, or causes of action against the Operator in connection with any such modification, suspension, or discontinuation.

1.10. The Website is generally intended to be available twenty-four (24) hours a day, seven (7) days a week. However, the Website may be unavailable from time to time due to circumstances beyond the Operator’s control, including technical malfunctions, system failures, maintenance work (scheduled or unscheduled), or other operational reasons. The User shall have no claims, demands, or causes of action against the Operator in connection with any such unavailability or interruption.

1.11. For any question, clarification, comment, or issue relating to the Website, you may contact the Operator by telephone at +972-54-8020708 or by email at contact@smartretry.com.
The Operator reserves the right to modify the above contact details and its availability hours at its sole discretion and without prior notice. The User shall have no claims, demands, or causes of action against the Operator in connection with any such changes.

2. Definitions

  • “Content” means the Website, the online pages included therein, including product and service descriptions, informational and marketing materials, interactive tools and utilities, and the classification, arrangement, presentation, design, layout, structure, data, text, graphics, and any other form of information or material displayed on or made available through the Website.
  • “Service” means the Website, including any related instructions or guidelines, associated products or services, ancillary support services, if and to the extent provided, and any updates, modifications, amendments, or corrections to the foregoing, as may be implemented by the Operator from time to time at its sole discretion.
  • “Website Errors“ means any interruption, disruption, delay, inaccessibility, malfunction, or degradation in the availability or performance of the Website resulting from causes beyond the Operator’s direct control, including, without limitation, failures of third-party services, hosting providers, communication networks, force majeure events, or other external factors.
  • “You” and “Users” mean, among others, individuals and entities authorized by us to use the Service, as well as your employees, consultants, contractors, agents, and/or third parties with whom you conduct business.
  • “Your Data” means any and all electronic data and/or information submitted by you and/or collected by the Operator on the Website during the use of the Website.
  • “Third-Party Information” means any information displayed on the Website that is based on, derived from, or received from third-party sources, including but not limited to payment provider details, acquirer and gateway information, issuer data, status descriptions, decline reason explanations, integration specifications, technical documentation, pricing indications (if any), BIN data, card network information, and any other data or content originating from or relating to third parties.
  • “SmartRetry System” or “Platform” means the proprietary payment optimization and retry management platform operated by the Operator, including its transaction routing, retry logic, analytics, integrations, dashboards, APIs, and related infrastructure, access to which is granted solely pursuant to a separate written commercial agreement.

3. Scope of the Website

3.1. This Section describes the nature, scope, and limitations of the Website and its Content. The Website serves as a resource for information regarding SmartRetry’s products, services, and the payment industry generally. By using the Website, you agree to be bound by these Terms.

3.2. The Website provides general information regarding SmartRetry solutions, including professional content, blog articles, payment provider pages, status pages, glossary pages, informational tools (including BIN lookup tools, issuer lookup tools, and similar utilities), and other published materials (collectively, the “Content”). The Content is provided for informational purposes only and does not constitute professional advice, financial advice, regulatory advice, or a recommendation to take any specific action.

3.3. The Website does not constitute the SmartRetry platform itself and does not enable transaction processing, routing, retry execution, or access to the SmartRetry system. Access to and use of the SmartRetry platform are governed exclusively by a separate commercial agreement between SmartRetry and its business customers.

3.4. The information presented on the Website may be updated from time to time. SmartRetry makes no representation or warranty that the Content is complete, accurate, or up to date at all times and shall not be responsible for decisions made based on the Website Content.

3.5. The Website may contain links to third-party websites, payment providers, card networks, banks, issuers, or other external entities. Such links are provided for convenience only and do not constitute endorsement, approval, or responsibility by SmartRetry for the content, products, or services of such third parties.

3.6. Any tools or utilities available on the Website are provided solely for informational purposes. Users should not rely exclusively on tool outputs when making business, technological, or commercial decisions.

3.7. Access to the Website is currently provided free of charge. SmartRetry reserves the right, at its sole discretion, to modify, suspend, restrict, or discontinue any part of the Website, its structure, content, or availability at any time. SmartRetry further reserves the right to introduce additional features, services, or components to the Website, access to or use of which may be subject to payment by the user, without the user having any claim, demand, or cause of action against SmartRetry as a result thereof.

3.8. The Website is intended for business users only. Nothing on the Website constitutes an offer to consumers, and these Terms are not intended to be governed by consumer protection laws.

4. Liability and Disclaimer of Warranties

4.1. SmartRetry makes reasonable efforts to ensure that the information presented on the Website is accurate, current, and complete. However, certain information displayed on the Website, including but not limited to payment provider details, status descriptions, decline reason explanations, integrations, technical specifications, third-party data, pricing indications (if any), and other related information including Third-Party Information (as defined in Section 2), may be based on data received from third parties.

SmartRetry does not control such Third-Party Information, which may be updated, modified, or changed from time to time without notice. Accordingly, SmartRetry assumes no responsibility or liability for the content, accuracy, completeness, validity, reliability, or fitness for any particular purpose of any information published on the Website, including Third-Party Information.

If you identify any information that appears inaccurate, outdated, or otherwise incorrect, or if you encounter any issue relating to third-party content referenced on the Website, you may notify SmartRetry so that it may review the matter.

4.2. SmartRetry shall not be liable for any damage, loss, or injury, whether direct, indirect, incidental, consequential, special, or otherwise, arising out of or in connection with the use of, or reliance upon, the Content, the Website, or any information made available therein.

The user shall have no claim arising from reliance on information published on the Website, including any decision to refrain from using alternative services, to engage with a particular payment provider, technology partner, or third party referenced on the Website, or to select one solution over another based on the Website Content.

The user shall have no claim with respect to information published on the Website, and SmartRetry shall not be liable to the user in connection with any information made available through the Website, including any Third-Party Information or any data transmitted to third parties through or in connection with the Website.

4.3. The user undertakes to provide accurate, complete, and truthful information when using the Website and when submitting any contact forms, requests, or inquiries through the Website. The provision of false, misleading, or incomplete information, or the concealment of material information from SmartRetry or any relevant third party, is strictly prohibited.

SmartRetry shall not be responsible in any case where services cannot be provided, access cannot be granted, or any engagement cannot proceed due to the submission of false, inaccurate, or incomplete information by the user. Any damage, loss, or consequence arising from such conduct shall be the sole responsibility of the user.

4.4. SmartRetry does not warrant that any links available on the Website, or provided through newsletters, email communications, or text messages, will function properly or direct users to active or accessible webpages. The inclusion of any link on the Website does not imply that the linked content is accurate, reliable, complete, or up to date, and SmartRetry shall bear no responsibility in connection therewith.

Without derogating from the foregoing, SmartRetry shall not be liable for any direct or indirect damage, loss, or harm caused to the user or to the user’s property as a result of the use of, or reliance upon, information or content appearing on third-party websites accessed through or via links available on the Website.

4.5. The services and functionality of the Website may be interrupted, may contain errors, or may not operate continuously or without disruptions. The Operator does not warrant that the Website will be immune from unauthorized access to the Operator’s systems, damages, malfunctions, failures, hardware or software defects, communication line failures, or any other technical issues, whether occurring within the Operator’s systems or those of its service providers, or arising from any other cause.

The Operator shall not be liable, of any kind, for any direct or indirect damage, loss, or harm caused to the user, any third party, or their property as a result of any such interruption, failure, malfunction, or technical issue.

4.6. The information and services available through the Website may include inaccuracies, typographical errors, or other errors. The Operator does not warrant or represent that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.

The Operator does not warrant or represent that the use of, or the results of the use of, the Website or any materials made available through the Website will be accurate, correct, reliable, or otherwise dependable in any respect.

4.7. The user expressly agrees that The Operator shall not be liable in any manner whatsoever for any unauthorized access to, or alteration of, the user’s information or communications, whether such communications were transmitted or received by the user, or not.

4.8 The Operator shall not be responsible for the content of advertisements or commercial offers of third parties appearing on the Website, including any advertisements, promotional materials, service descriptions, or commercial proposals published by third parties.

Any claim, demand, or cause of action by a user arising from such offers, products, or services, their provision, performance, or results, shall be directed exclusively to the relevant third party from whom the offer was received or the service or product was obtained. The user shall have no claim, demand, or cause of action against The Operator and/or anyone acting on its behalf in connection therewith.

5. User Obligations

5.1. The User agrees that they shall not use the Website or any related services to transmit, publish, distribute, upload, or otherwise make available any content, material, or activity that:

  • constitutes unsolicited advertising, spam, or unauthorized commercial communications;
  • infringes upon or violates any intellectual property rights or other proprietary rights of any third party;
  • is unlawful, fraudulent, defamatory, invasive of privacy, harassing, abusive, threatening, obscene, discriminatory, or otherwise objectionable;
  • contains viruses, malware, malicious code, harmful applications, or any other disruptive or destructive components;
  • attempts to gain unauthorized access to any systems, servers, networks, data, or accounts;
  • interferes with, disrupts, damages, or impairs the proper functioning, security, or integrity of the Website or any related systems;
  • engages in fraudulent activity, payment manipulation, circumvention of security mechanisms, anti-fraud safeguards, compliance controls, or regulatory requirements;
  • misrepresents identity, affiliation, authorization, or business purpose;
  • uses automated systems, bots, scraping tools, data mining tools, or similar technologies without prior written authorization;
  • enables unauthorized access to software, digital files, services, or content requiring registration, authorization, or payment; or
  • otherwise violates any applicable law, regulation, or accepted standards of internet use.

The foregoing list is provided for illustrative purposes only and shall not be deemed exhaustive.

The Operator reserves the right, at its sole discretion, to suspend, restrict, or terminate access to the Website in the event of any breach of this Section.

6. Intellectual Property

6.1. All intellectual property rights, including without limitation moral rights, economic rights, copyrights, trademarks, trade names, patents, designs, trade secrets, and any other proprietary rights in and to the Website, including but not limited to the Content, its design, layout, editing, and the manner in which information is presented and arranged on the Website, are the exclusive property of The Operator.

6.2. Without derogating from the foregoing, the Website, the webpages included therein, the classification, arrangement, and presentation of information, as well as any advertisements, newsletters, or communications sent by The Operator — including the classification, arrangement, and presentation of the information and advertisements appearing therein, and any other form of display or visual representation included in the Website or such communications — are the exclusive property of The Operator.

6.3. You may not copy, reproduce, duplicate, create derivative works of, modify, or adapt the Website’s content, in whole or in part, for the purpose of distribution, publication, display, performance, transfer, broadcast, making available to the public, sale, and/or any other action, without obtaining prior written consent from the Operator.

6.4. The Content may be used solely for lawful informational purposes, including learning, knowledge acquisition, and maintenance of professional skills, and strictly for personal, non-commercial use.

Access and use must be performed manually. The use of bots, crawlers, scraping tools, automation, or similar technologies to access or extract Content is strictly prohibited.

Any commercial use of the Content, including promotion, marketing, advertising, or business exploitation, without the prior written consent of The Operator, is strictly prohibited.

6.5. The user undertakes not to publicly publish, distribute, or otherwise make available the Content, or any part thereof, except as expressly permitted under these Terms.

The user further undertakes not to publish, distribute, or otherwise disseminate any product, output, compilation, or derivative based on the Content, whether in printed form, digital file, electronic medium, or any other format.

The user shall not copy, reproduce, duplicate, create derivative works from, modify, adapt, translate, distribute, display, perform, transmit, broadcast, make available to the public, sell, license, or otherwise exploit the Website or its Content, in whole or in part, without the prior written consent of The Operator.

6.6. Ownership of, and intellectual property rights in, third-party content displayed on the Website, including without limitation images, graphics, trademarks, logos, and other materials, remain the property of their respective owners and may be subject to separate terms and conditions imposed by such third parties who have lawfully granted The Operator a license to display such content (the “Third-Party Agreements”).

The Operator does not claim ownership of such third-party content and assumes no responsibility or liability of any kind with respect thereto. The user acknowledges and agrees that any use of third-party content may be subject to the applicable Third-Party Agreements, including any future amendments thereto.

6.7. The Operator respects the intellectual property rights of third parties and takes reasonable measures to avoid infringing such rights.
If any third party believes, in good faith, that their intellectual property rights have been infringed through content appearing on the Website, they may notify The Operator of the alleged infringement.

7. Privacy

The Operator respects the privacy of users of the Website. Information regarding the collection, use, and processing of personal data is available in the Privacy Policy published on the Website.

8. Engagement with Third Parties

8.1. The user is solely responsible for any engagement, communication, negotiation, or contractual relationship with third parties, including but not limited to payment providers, acquirers, gateways, issuers, technology vendors, integration partners, or any other third party referenced on the Website.

For example, including without limitation, if a user chooses to engage with a payment provider mentioned on the Website — including entering into discussions, requesting pricing, signing an agreement, or implementing a technical integration — such engagement shall be conducted directly between the user and the relevant third party, and The Operator shall not be a party thereto and shall bear no responsibility in connection therewith.

The user acknowledges that The Operator does not necessarily verify all information, commercial terms, pricing details, technical specifications, or onboarding requirements presented by such third parties. The user shall have no claim against The Operator for any discrepancy, misrepresentation, change of terms, or other issue arising from such third-party engagement.

For the avoidance of doubt, the Operator may, at the User’s request, facilitate introductions, assist in technical integrations, transmit communications, or otherwise support engagement with third parties. Such facilitation or assistance shall not render the Operator a party to any agreement, transaction, onboarding process, approval decision, or commercial arrangement between the User and the relevant third party, nor shall it create any agency, partnership, joint venture, fiduciary, or advisory relationship.

8.2. Any transaction, agreement, or engagement entered into as a result of information published on the Website, including information relating to payment providers, service terms, integrations, or commercial conditions, shall be concluded directly between the user and the relevant third party.

Such transaction shall not include The Operator or anyone acting on its behalf as a party thereto or as responsible in connection therewith, even if certain information or communications between the parties are transmitted through or facilitated by The Operator.

The Operator’s involvement in facilitating or supporting such engagement shall not constitute endorsement, warranty, representation, or assumption of liability in connection with any third-party relationship.

8.3. The Operator shall not be responsible for the terms, conditions, representations, or offerings of any third parties referenced on the Website, including without limitation payment providers, acquirers, gateways, or other service providers.

Any claim, demand, or cause of action arising from such offers, products, or services, their provision, performance, or results, shall be directed exclusively to the relevant third party from whom the offer was received or the service was obtained. The user shall have no claim, demand, or cause of action against The Operator in connection therewith.

8.4. Ownership of, and intellectual property rights in, third-party data, materials, or content that are linked to, referenced, or made available in connection with the Website or the services described therein remain the property of their respective owners and may be subject to separate terms and conditions imposed by such third parties who have lawfully granted The Operator a license to display or reference such content (the “Third-Party Agreements”).

The Operator does not claim ownership of such third-party content and assumes no responsibility or liability of any kind with respect to any information, offers, representations, or recommendations presented on the Website by third parties.

The user acknowledges and agrees that any use of third-party content may be subject to the applicable Third-Party Agreements, including any future amendments thereto.

9. Marketing Communications

9.1. The Operator may offer users the opportunity to subscribe to receive marketing communications in order to inform them about updates, publications, new features, and other information relating to The Operator’s activities and services, including via email messages and text messages (SMS) (the “Marketing Communications”).

The user shall have the right, at any time, to request that The Operator cease sending Marketing Communications, either by contacting The Operator’s customer support or by using the unsubscribe or opt-out mechanisms included in such Marketing Communications.

9.2. The provisions relating to Marketing Communications shall comply with all applicable laws and regulations governing electronic communications, direct marketing, anti-spam, privacy, and data protection in any jurisdiction in which the Operator or its users operate, as amended from time to time.

10. Security

The Website is secured through the use of advanced security measures intended to ensure proper and secure use of the Website and to protect user privacy.
Each user of the Website undertakes not to engage in any activity that may disrupt, interfere with, or compromise the operation of the Website, including, without limitation, unauthorized access attempts, data extraction, scraping, theft of user information, circumvention of security mechanisms, or any form of hacking or malicious activity.
The Operator shall be entitled to take any lawful action available to it in response to such activity, including, without limitation, blocking access to the Website, suspending or terminating user access, and initiating legal proceedings.

11. Term and Termination

11.1. These Terms shall enter into force on the date the user first makes any use of the Website and shall remain in effect until the user ceases using the Website.

11.2. The Operator may, at any time, terminate this Agreement and/or suspend or terminate the user’s access to or use of the Website, including, without limitation, in any of the following circumstances:
(1) the user has breached any provision of this Agreement (or has acted in a manner that clearly demonstrates an intention or inability to comply with its provisions);
(2) The Operator is required to do so by applicable law (for example, where the provision of the Website becomes unlawful); or
(3) the continued operation of the Website is no longer commercially viable.

In such cases, The Operator shall provide the user with reasonable prior notice of such termination, where reasonably practicable.

11.3. The Operator may amend these Terms from time to time at its sole discretion. The responsibility to review and stay informed of any such amendments rests with the user by periodically accessing these Terms of Use.

Continued use of the Website or the service at any time shall constitute acceptance of the amended and updated Terms as in effect at that time.

11.4. The Operator reserves the right to modify or discontinue the Website or any part thereof at any time, without prior notice.

In the event of such modification or discontinuation, The Operator shall not be liable to the user or to any third party for any damage or loss arising therefrom.

11.5. The provisions relating to Intellectual Property and Disclaimer of Liability shall survive the termination of this Agreement.

12. General Provisions

12.1. These Terms of Use, including the Privacy Policy, constitute the entire agreement between the parties and supersede any prior agreements, proposals, representations, or understandings, whether written or oral, relating to their subject matter. No amendment, modification, or waiver of any provision of this Agreement shall be valid unless made in writing and signed or electronically approved by the party against whom such amendment, modification, or waiver is asserted.

12.3. The information and services are provided to the User on an “AS-IS” basis. The User acknowledges and agrees that the Operator, its employees, directors, shareholders, affiliates, or anyone acting on its behalf shall not be liable for any damage, whether direct or indirect, arising from the User’s use of the information and/or from the User’s reliance on any information presented on the Website, including damages caused to the User and/or to any third party associated with the User.

12.3. These Terms of Use shall be governed solely and exclusively by the laws of the State of Israel. The exclusive venue and jurisdiction for any matter arising out of or relating to these Terms of Use and/or the use of the Website shall lie exclusively with the competent courts located in the city of Tel Aviv, Israel.

12.4. Any notice sent to the Operator shall be deemed duly received if sent by registered mail or by email, provided that the sender possesses confirmation of delivery.

13. Contact Us

For any questions, requests, or concerns regarding this Terms of Use, please contact us at:

SmartRetry
Email: contact@smartretry.com
Phone: +972-54-8020708