Terms of Service
Last updated 17 September 2026.
These terms govern use of SmartyBuild. By using the software, or by signing an order form that refers to these terms, the customer agrees to them. "We" and "us" mean the provider of SmartyBuild; "you" means the company licensed to use it.
1. What you get
A licence to use SmartyBuild for your own business for the term you have paid for. The software is operated as a dedicated installation for your company: your data sits in a database that is yours alone and is not shared with other customers.
You may let your employees and contractors use it on your behalf. You remain responsible for what they do with it.
2. Your data is yours
Everything you put into SmartyBuild — clients, contracts, documents, financial records — remains yours. We claim no ownership of it, and we do not use it to market to your clients or sell it to anyone.
We process it in order to run the service for you, as set out in the privacy policy. You are responsible for having the right to put that information in, including any consent needed before texting your clients.
3. Getting your data out
You can export your data at any time while your subscription is active. If it ends, we will keep it available for export for 30 days, then delete it. Ask before that window closes and we will extend it within reason.
4. What you must not do
- Resell, sublicense or run the software as a service for another business.
- Copy, decompile or reverse engineer it, except where the law says you may.
- Use it to break the law, including the rules covering marketing calls and text messages.
- Attack it, probe it or deliberately try to reach another customer's installation.
5. Payments, cards and banking
SmartyBuild connects to payment and banking providers so you can take client payments and read your own bank transactions. Those services are provided by third parties under their own agreements with you. You need your own merchant account and your own bank connection; we cannot obtain them for you.
We do not hold your money and we are not a payment processor, a bank, a lender or a money transmitter. Money moves between you, your clients, your subcontractors and your providers.
6. Text messaging
If you use the messaging features you need your own telephone numbers and your own carrier registration for business messaging, which we can help you prepare but cannot complete for you. You are responsible for holding valid consent from everyone you message and for honouring opt-outs. We may suspend messaging if we are told you are sending without consent.
7. The software calculates; you decide
SmartyBuild computes balances, profitability and commissions, and it applies rules you configure. It is a tool, not an accountant, a lawyer or a financial adviser. Figures it produces should be checked before they are used to pay someone, file anything, or make a commitment. Document templates it contains are starting points, not legal advice, and whether they suit your state and your trade is for you and your lawyer to determine.
You remain responsible for your own pricing, your own contracts, what you pay your staff and subcontractors, and your own compliance.
8. Availability and support
We aim to keep the service running and to respond to problems promptly during business hours. Unless a separate written service level agreement says otherwise, the service is provided without a guaranteed uptime figure. Planned maintenance will be notified in advance where we can.
9. Fees
Fees, billing period and any usage limits are set out in your order form. Fees are payable in advance and are not refundable for a period already begun, except where the law requires. We will give at least 30 days' notice before a price change takes effect at your next renewal.
10. Term and ending it
The agreement runs for the period in your order form and renews unless either side gives notice before the end of the current period. Either side may end it earlier if the other commits a material breach and does not fix it within 30 days of being told. We may suspend an account for non-payment or for use that endangers the service or another person.
11. Warranties
We warrant that we will provide the service with reasonable skill and care. Beyond that, and to the extent the law allows, the software is provided "as is" without other warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
12. Limits on liability
To the extent the law allows, neither side is liable for indirect or consequential loss, or for lost profits, lost revenue or lost data, arising out of this agreement. Our total liability in any twelve-month period is limited to the fees you paid us in that period.
Nothing here limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited.
13. Confidentiality
Each side will keep the other's confidential information confidential and use it only for this agreement. That obligation survives the agreement ending.
14. Changes to these terms
We may update these terms. If a change materially reduces your rights we will give notice before it takes effect at your next renewal, and you may decline by ending the agreement at that point.
15. General
These terms and your order form are the whole agreement between us. If a provision is unenforceable the rest still applies. Neither side may assign the agreement without the other's consent, except to a successor of its business. Governing law and venue are as stated in your order form.