Terms of Service

1. Introduction and Acceptance

These Terms of Service (Terms) constitute a legally binding agreement between you ("Customer", "you") and UAB SmartOn Systems ("SmartOn", "we", "us"), a company registered in the Republic of Lithuania. By creating an account, accessing our platform, or using any SmartOn service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must not use our services.

2. Services

SmartOn provides cloud-based business management software, including but not limited to: point-of-sale (POS) systems, enterprise resource planning (ERP) tools, table reservation integrations, kitchen display systems, employee management, e-commerce integrations, reporting and analytics, and payment processing integrations (Services).

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable prior notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. Account Registration and Security

To use the Services, you must register for an account and provide accurate, complete, and up-to-date information. You are solely responsible for:

• Maintaining the confidentiality of your login credentials;
• All activity that occurs under your account;
• Notifying us immediately at [email protected] of any unauthorised access or security breach.

You must not share account credentials with third parties or allow multiple businesses to use a single account unless explicitly permitted by your subscription plan.

4. Subscription Plans and Payment

Access to the Services is provided on a subscription basis. The applicable fees, billing cycle, and plan features are described on our Pricing page and in your order confirmation.

• Billing: Subscriptions are billed in advance on a monthly basis.
• Automatic renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.
• Price changes: We will provide at least 30 days' notice before changing subscription prices.
• Taxes: All fees are exclusive of applicable taxes (including VAT). You are responsible for paying all taxes associated with your subscription.
• Refunds: Fees are non-refundable except where expressly required by applicable law.

5. Acceptable Use

You agree to use the Services only for lawful business purposes. You must not:

• Use the Services to process fraudulent transactions or engage in any unlawful activity;
• Attempt to gain unauthorised access to any part of the Services or related systems;
• Reverse engineer, decompile, or disassemble any part of the platform;
• Introduce malware, viruses, or any harmful code;
• Resell, sublicense, or otherwise transfer access to the Services to third parties without our written consent.

6. Data and Privacy

By using the Services, you may submit business data, customer records, transaction data, and other information (Customer Data). You retain full ownership of your Customer Data. You grant SmartOn a limited, non-exclusive licence to process Customer Data solely to provide and improve the Services.

We process personal data in accordance with our Privacy Policy and applicable data protection law, including the EU General Data Protection Regulation (GDPR).

7. Intellectual Property

All intellectual property rights in the Services, including software, design, trademarks, and documentation, are owned by SmartOn or our licensors. These Terms do not transfer any intellectual property rights to you.

8. Third-Party Integrations

The Services may integrate with third-party platforms (such as payment providers, delivery services, accounting software, or hardware vendors). These integrations are provided for convenience and are subject to the third party's own terms. SmartOn is not responsible for the availability, accuracy, or conduct of third-party services.

9. Service Availability and Support

We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. Scheduled maintenance will be communicated in advance where possible.

10. Termination

Either party may terminate the subscription by providing notice before the next renewal date. Upon termination:

• Your access to the Services will end at the close of the current billing period;
• You may export your Customer Data within 30 days of termination;
• We may delete Customer Data after 30 days following termination.

11. Disclaimer of Warranties

The Services are provided as-is and as-available without warranties of any kind. We do not warrant that the Services will be error-free, uninterrupted, or meet your specific requirements.

12. Limitation of Liability

To the maximum extent permitted by applicable law, SmartOn's total liability to you shall not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

SmartOn shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, revenue, or data.

13. Indemnification

You agree to indemnify and hold harmless SmartOn, its affiliates, officers, and employees from and against any claims, losses, and expenses (including reasonable legal fees) arising out of: (a) your use of the Services in violation of these Terms; (b) your Customer Data; or (c) your violation of any applicable law or third-party rights.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes at least 14 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Lithuania. Any disputes shall be subject to the exclusive jurisdiction of the courts of Vilnius, Lithuania, unless mandatory consumer protection laws in your country of residence provide otherwise.

16. Contact

If you have any questions about these Terms, please contact us: