1. Introduction
Welcome to TheSmartr (“Platform”), operated by TheSmartr Inc.
These Terms govern your use of the Platform, including all services, tools, and features.
By using the Platform, you agree to these Terms.
2. Nature of the Platform
TheSmartr is a technology platform that enables businesses (“Merchants”) to:
- Create digital storefronts
- Accept orders, bookings, and inquiries
- Manage customer engagement
We are not a marketplace operator, retailer, or service provider.
We do not:
- Sell products
- Provide delivery
- Act as agent for any merchant
3. No Liability for Transactions
All transactions are strictly between customers and merchants.
TheSmartr:
- Does NOT guarantee fulfillment
- Is NOT responsible for product quality, delivery, or refunds
- Is NOT a party to any agreement
4. Eligibility
You must be:
- At least 18 years old
- Legally able to enter contracts
5. Accounts
- You are responsible for your account
- You must provide accurate information
- You are liable for all activity under your account
6. Merchant Obligations
Merchants agree:
- To comply with all applicable laws (Canada/USA/local)
- To maintain required licenses (food, retail, etc.)
- To handle taxes (GST/HST, sales tax, etc.)
- To manage customer disputes directly
7. Fees & Billing
- The Platform may charge subscription or transaction fees
- Pricing may change with notice
- No refunds unless explicitly stated
8. Acceptable Use
You may not:
- Use the platform illegally
- Upload misleading/fraudulent content
- Attempt to hack or disrupt systems
9. Intellectual Property
All platform technology, branding, and systems belong to TheSmartr.
10. Service Availability
We do not guarantee uptime or uninterrupted service.
11. Disclaimer of Warranties
The Platform is provided “as is” without warranties.
12. Limitation of Liability
To the maximum extent permitted by law:
TheSmartr shall NOT be liable for:
- Loss of profits
- Business interruption
- Data loss
- Indirect or consequential damages
13. Indemnification
You agree to protect TheSmartr from claims arising from:
- Your business operations
- Your misuse of the platform
14. Termination
We may suspend or terminate access at any time.
15. Governing Law
- Canada users: Ontario law
- US users: Applicable state law
16. Updates
We may modify these Terms anytime.