Terms and Conditions of Use for AgentsPayouts
Last updated: 2026-10-24
These Terms and Conditions of Use ("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 accepting them, you ("the Customer", "the Agency") agree to be bound by these Terms in their entirety. In an Agency, they are accepted by a representative with authority to bind it; an independent agent accepts them in their own name.
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
5.1 Customer Data
As between SMTM LAB LLC and the Customer, and without prejudice to the rights that applicable law grants to the data subjects of personal data, the Customer retains all rights and interests in its Customer Data and its business records. The Customer authorizes SMTM LAB LLC to process such data only to the extent necessary to provide, maintain, protect and improve the Service, in accordance with these Terms, the Privacy Policy and, where applicable, the applicable Data Processing Agreement.
The Customer is responsible for having a valid legal basis and for providing the privacy notices and obtaining the consents or authorizations that may be required to upload such data to the platform. SMTM LAB LLC does not supervise, verify, or audit the accuracy or legality of the data entered.
5.2 Obligations of the Agency and of Users regarding end-client data
The Agency, in its capacity as Data Controller, shall be responsible for authorizing its Users' access and for ensuring that they process personal data in accordance with applicable law, these Terms, the Privacy Policy, the Agency's instructions and, where applicable, the applicable Data Processing Agreement.
As a condition for accessing and using the platform, each authorized User shall:
a) Upload only personal data that is adequate, relevant and limited to what is reasonably necessary to manage trips, bookings, sales, commissions and other activities authorized by the Agency. The Agency shall be responsible for having a valid legal basis and for providing the privacy notices and obtaining the consents or authorizations that may be required.
Where the data relates to minors, the Agency shall ensure that it has been provided or authorized by their parent, guardian, legal representative or an adult legally authorized to manage the booking, as appropriate under applicable law.
b) Use the data exclusively for the activities authorized by the Agency. The User may not copy, download, export, retain, disclose or use such data for personal or competitive purposes, or for purposes unrelated to the Agency.
This prohibition shall not prevent the processing or communication of data that is reasonably necessary to manage the trip, follow the Agency's instructions, respond to a request from the end client, communicate with authorized travel providers or comply with a legal obligation.
c) Not enter information that the platform does not expressly request, including full passport or identity document numbers, Social Security numbers, full payment card details, security codes, access credentials, or medical, biometric, religious or other sensitive categories of information.
The passport expiration date may be entered only where a field has been specifically enabled for that purpose and it is necessary to manage the trip.
d) Take reasonable measures to keep the data accurate and up to date. Any request for access, correction, deletion, objection or portability received from an end client must be communicated immediately to the Agency. The User shall not resolve it directly within the platform unless expressly authorized by the Agency.
e) Maintain the confidentiality of the data during and after the end of their relationship with the Agency. Customer Data and business records shall remain under the Agency's control, without prejudice to the rights that applicable law grants to data subjects. The User's right of access shall end when it is revoked by the Agency or when their relationship with the Agency ends.
f) Keep their access credentials confidential, not share accounts, and use only their own User account.
g) Inform the Agency and SMTM LAB LLC without undue delay, and in any event within twenty-four (24) hours of becoming aware, of any loss of credentials, unauthorized access, disclosure, download, alteration, deletion or misuse, actual or suspected, of the data. The User shall preserve the available information and cooperate reasonably with the investigation and mitigation of the incident.
Incidents are reported to SMTM LAB LLC at security@agentspayouts.com.
Where SMTM LAB LLC reasonably considers that a User's access poses a risk to the security, confidentiality or integrity of the Service or of the data, it may temporarily restrict or suspend such access. Whenever reasonably possible, SMTM LAB LLC will notify the Agency of the measure taken.
The Agency shall be liable to SMTM LAB LLC for the acts and omissions of its authorized Users in connection with the Service, without prejudice to the responsibilities of the User under their relationship with the Agency and applicable law.
These obligations do not alter the Agency's status as Data Controller or SMTM LAB LLC's status as Data Processor with respect to end-client data processed on behalf of the Agency.
6. Fees, Payments, and Suspension
Subscription payments are processed through Stripe, Inc., 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
General enquiries: info@agentspayouts.com
Privacy and data requests: privacy@agentspayouts.com
Security incidents: security@agentspayouts.com