Terms of Service
Last updated: January 2024
1. Introduction
Welcome to SmartSell, a cloud-based retail and business management platform operated by SmartSell Africa Limited ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our platform, website, and services (collectively, the "Service").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.
2. Acceptance of Terms
By creating an account, accessing, or using SmartSell, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and SmartSell Africa Limited.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
3. Account Registration and Security
3.1 Account Creation
To use our Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Security
You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.3 Account Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By using our Service, you represent and warrant that you meet these requirements.
4. Service Description
SmartSell provides a comprehensive business management platform that includes point-of-sale operations, inventory management, multi-business support, reporting and analytics, and other business management tools designed specifically for African businesses.
Service Features Include:
- Point of Sale (POS) system with offline capabilities
- Inventory management and tracking
- Multi-business and branch management
- Reporting and analytics tools
- AI-powered voice assistant (premium plans)
5. Subscription and Billing
5.1 Subscription Plans
SmartSell offers various subscription plans with different features and usage limits. By subscribing to a plan, you agree to pay the applicable fees as described on our pricing page.
5.2 Payment Terms
Subscription fees are billed in advance on a monthly or annual basis. All payments are non-refundable except as expressly stated in these Terms or required by applicable law.
5.3 Price Changes
We may change our pricing at any time. We will provide at least 30 days' notice of any price increases. Your continued use of the Service after the price change constitutes acceptance of the new pricing.
5.4 Free Trial
We may offer free trial periods for new users. During the trial period, you have access to the Service subject to certain limitations. At the end of the trial, you must purchase a subscription to continue using the Service.
6. User Responsibilities and Prohibited Uses
6.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for all content and data you submit to or store on the Service.
6.2 Prohibited Activities
You may not use the Service to:
- • Violate any applicable laws or regulations
- • Infringe upon the rights of others
- • Transmit harmful, offensive, or illegal content
- • Attempt to gain unauthorized access to our systems
- • Interfere with or disrupt the Service
- • Use the Service for competitive intelligence or benchmarking
- • Reverse engineer or attempt to extract source code
7. Data Ownership and Privacy
7.1 Your Data
You retain ownership of all data you submit to the Service. We do not claim ownership of your business data, customer information, or other content you upload to the platform.
7.2 Data Processing
By using our Service, you grant us permission to process your data as necessary to provide the Service. Our data processing practices are detailed in our Privacy Policy.
7.3 Data Security
We implement appropriate technical and organizational measures to protect your data. However, no system is completely secure, and we cannot guarantee the absolute security of your data.
8. Service Availability and Modifications
8.1 Service Availability
We strive to maintain high availability of our Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
8.2 Service Modifications
We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of significant changes that may affect your use of the Service.
9. Termination
9.1 Termination by You
You may terminate your account at any time by canceling your subscription through your account settings or by contacting our support team.
9.2 Termination by Us
We may suspend or terminate your account if you violate these Terms, fail to pay fees, or for other legitimate business reasons. We will provide reasonable notice when possible.
9.3 Effect of Termination
Upon termination, your access to the Service will cease, and we may delete your account and data after a reasonable period. You remain responsible for any outstanding fees.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTSELL AFRICA LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
11. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in Lagos, Nigeria.
Before initiating arbitration, the parties agree to attempt to resolve disputes through good faith negotiations for a period of 30 days.
12. Changes to Terms
We may modify these Terms at any time by posting the revised Terms on our website. We will notify you of material changes via email or through the Service. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.
If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.
13. Contact Information
If you have any questions about these Terms, please contact us:
SmartSell Africa Limited
Email: legal@smartsell.africa
Address: 123 Victoria Island, Lagos, Nigeria
Phone: +234 (0) 123 456 7890
These Terms of Service are effective as of January 1, 2024, and were last updated on January 15, 2024.