Terms of Service

Welcome to SmartBizSystems. By accessing our website, using our "SmartBiz AI Commander" tool, or purchasing our digital marketing services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.

1. Accounts & Registration

To use certain features of the Service (such as the AI Commander), you must register for an account using Clerk authentication (Google/Email). You agree to:

• Provide accurate and complete information.
• Maintain the security of your account credentials.
• Notify us immediately of any unauthorized use of your account.

2. SaaS Tool Usage (AI Commander)

Our AI tools utilize third-party APIs (OpenAI). By using the tool, you agree that:

• Fair Use: You will not use the tool to generate spam, hate speech, or fraudulent content.
• Output Accuracy: AI can make mistakes ("hallucinations"). SmartBizSystems is not liable for any factual errors in the generated marketing copy. You are responsible for reviewing all content before publishing.
• Usage Limits: Free accounts are subject to generation limits. We reserve the right to cap usage to prevent abuse of our API resources.

3. Agency Services & Payments

Billing

For custom services (Web Design, SEO, Automation Setup), invoices are generated in Kenyan Shillings (KES). We accept payments via M-Pesa and Bank Transfer.

Deposits

A non-refundable deposit of 50% is required before any custom development work begins. The remaining balance is due upon project completion/handover.

Subscriptions

SaaS subscriptions (e.g., "Growth Plan") are billed monthly via Paystack/IntaSend. You may cancel at any time, but no refunds are provided for partial months.

4. Intellectual Property

Our Content: The design, code, and "SmartBizSystems" brand assets are owned by us.

Your Content: Any marketing copy generated by you using our AI tool belongs to you. Any website or automation flow we build for you becomes your property upon full payment.

5. Limitation of Liability

To the fullest extent permitted by Kenyan law, SmartBizSystems shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, arising out of your use of our services.

We do not guarantee specific marketing results (e.g., "Guaranteed #1 on Google"), as these depend on third-party platforms algorithms.

6. Governing Law

These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

7. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of significant changes via email or a prominent notice on our site.