Terms of Service

1. Agreement to Terms

By accessing or using SmartERP AI ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users, including customers, visitors, and others who access or use the Service.

2. Service Description

SmartERP AI is a cloud-based enterprise resource planning (ERP) platform that provides:

• Accounting and financial management (SmartBooks)
• Customer relationship management (SmartCRM)
• Human resources and payroll (SmartHR)
• Project management (SmartProjects)
• Manufacturing operations (SmartManufacture)
• Point of sale system (SmartPOS)
• Fleet management (SmartFleet)
• Asset management (SmartAssets)
• Document management (SmartDocs)
• Budget planning (SmartBudget)

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3. Account Registration

To use the Service, you must:

• Be at least 18 years old and have legal capacity to enter into contracts
• Provide accurate, current, and complete registration information
• Maintain and update your information to keep it accurate
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

You may not share your account credentials or allow others to access your account. We are not liable for any losses caused by unauthorized use of your account.

4. Subscription and Billing

4.1 Subscription Plans

We offer various subscription plans (Starter, Professional, Enterprise) with different features and pricing. Current pricing is available at smarterpai.com/pricing.

4.2 Free Trial

We may offer a 14-day free trial. No credit card is required for the trial. After the trial ends, you must subscribe to a paid plan to continue using the Service.

4.3 Billing

• Subscriptions are billed monthly or annually in advance
• All fees are in USD unless otherwise stated
• Fees are non-refundable except as required by law
• Auto-renewal: Subscriptions automatically renew unless cancelled
• Price changes will be communicated 30 days in advance
• Failed payments may result in service suspension

4.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access until the end of your paid period.

5. User Responsibilities

You are responsible for:

• All data you upload, store, or process using the Service
• Ensuring you have rights to use and process your data
• Complying with all applicable laws and regulations
• Maintaining backups of your critical data
• Configuring user permissions and access controls appropriately
• Training your users on proper use of the Service

6. Acceptable Use Policy

You agree NOT to:

• Violate any laws or regulations
• Infringe on intellectual property rights of others
• Upload malware, viruses, or malicious code
• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt the Service or servers
• Use the Service for illegal activities or fraud
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization
• Use automated tools to scrape or extract data
• Send spam or unsolicited communications through the Service

Violation of this policy may result in immediate account suspension or termination.

7. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content, is owned by SmartERP AI and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your business purposes, subject to these Terms.

SmartERP, SmartBooks, SmartCRM, SmartHR, SmartProjects, SmartManufacture, SmartPOS, SmartFleet, SmartAssets, SmartDocs, and SmartBudget are trademarks of SmartERP AI.

8. Data Ownership and Use

Your Data: You retain all rights to the data you submit to the Service. We do not claim ownership of your data.

Our Rights: You grant us the right to store, process, and transmit your data as necessary to provide the Service.

Aggregated Data: We may use anonymized, aggregated data for analytics, improvements, and research purposes.

Data Deletion: Upon account termination, we will delete your data within 90 days, except where retention is required by law.

9. Service Availability and Support

Uptime: We strive for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance.

Support: Support levels vary by plan:

• Starter: Email support during business hours
• Professional: Priority email and chat support, 24/7
• Enterprise: Dedicated account manager, phone support, 24/7

10. Termination

By You: You may terminate your account at any time through your account settings or by contacting support.

By Us: We may suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay fees when due
• Engage in fraudulent or illegal activity
• Pose a security risk to the Service or other users

Upon termination, your access will be revoked immediately. You will have 30 days to export your data before permanent deletion.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS PRIOR TO THE CLAIM
• WE ARE NOT LIABLE FOR DATA LOSS (you are responsible for backups)
• WE ARE NOT LIABLE FOR THIRD-PARTY SERVICES OR INTEGRATIONS

12. Indemnification

You agree to indemnify and hold harmless SmartERP AI from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your data or content

13. Dispute Resolution

Governing Law: These Terms are governed by the laws of Bosnia and Herzegovina.

Arbitration: Any disputes will be resolved through binding arbitration, except where prohibited by law.

Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions.

14. Changes to These Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms with a new "Last updated" date
• Sending email notification
• In-app notification

Continued use after changes constitutes acceptance. If you disagree, you must stop using the Service.

15. Contact Information

For questions about these Terms, contact us: