1. DEFINITIONS

In these Terms:

• "Platform" means the SmatAccess website, software, dashboards, systems, APIs, and related services accessible via https://smataccess.com/
• "Services" means access control, monitoring, security management, analytics, subscription services, and related offerings provided by SmatAccess.
• "User" / "You" means any individual or legal entity accessing or using the Platform, whether located in Zimbabwe or internationally.
• "Subscription" means any paid plan, license, or recurring service offered by SmatAccess.
• "Content" includes all software, data, text, graphics, designs, documentation, and materials made available through the Platform.

2. COMPANY DETAILS AND SCOPE

• SmatAccess is based and operated from Zimbabwe, but its Platform and Services can be for use by users internationally.
• Users accessing the Platform from outside Zimbabwe do so at their own initiative and are responsible for compliance with all local laws and regulations applicable in their jurisdiction.

3. ACCEPTANCE OF TERMS

• By accessing, registering, subscribing to, or using the Platform, you agree to be legally bound by these Terms.
• If you use the Platform on behalf of a company or an organisation, you confirm that you have the authority to bind that entity, and these Terms shall apply to both you and the entity.

4. ACCOUNT REGISTRATION AND SECURITY

• Certain features require account creation.
• You agree to:
  1. provide accurate, current, and complete information;
  2. maintain the confidentiality of your login credentials;
  3. immediately notify SmatAccess of unauthorised access or security breaches.
• You are solely responsible for all activity conducted through your account, regardless of geographic location.
• SmatAccess reserves the right to suspend or terminate accounts that violate these Terms or pose legal, security, or operational risk.

5. SERVICES AND SUBSCRIPTIONS

• SmatAccess provides paid, subscription-based Services, which may be offered globally.
• Pricing, billing cycles, currencies, features, and service tiers are displayed on the Platform or communicated separately and may vary by region.
• Unless expressly stated otherwise:
  1. all fees are payable in advance;
  2. subscriptions renew automatically;
  3. fees are non-refundable, except where required by applicable law.
• SmatAccess may suspend or terminate Services for non-payment without liability.

6. PERMITTED USE

You agree not to:

1. use the Platform in violation of any applicable law or regulation (local or international);
2. misuse the Platform for unlawful surveillance, data harvesting, or privacy violations;
3. interfere with the Platform's security, availability, or integrity;
4. reverse-engineer, copy, sublicense, or resell the Platform without written consent;
5. introduce malicious code, malware, or unauthorised integrations.

7. SECURITY AND RELIANCE DISCLAIMER (IMPORTANT)

• SmatAccess provides technology tools intended to assist with access management and monitoring.
• You acknowledge that:
  1. no access-control or monitoring system is completely secure;
  2. system performance may be affected by connectivity, hardware, third-party services, or human factors.
• SmatAccess does not guarantee prevention of loss, theft, unauthorised access, or damage and shall not be relied upon as a substitute for physical security measures, insurance, or human oversight.

8. INTELLECTUAL PROPERTY

• All intellectual property rights in the Platform and Services remain the exclusive property of SmatAccess or its licensors.
• No rights are transferred except the limited, revocable right to use the Platform in accordance with these Terms.

9. DATA PROTECTION AND INTERNATIONAL USE

• SmatAccess processes personal and operational data in accordance with Zimbabwean data protection laws and applicable international data protection principles where relevant.
• Users outside Zimbabwe acknowledge that data may be:
  1. processed or stored in Zimbabwe or other jurisdictions;
  2. transferred across borders as required for service delivery.
• You warrant that you have the legal authority to submit any data relating to third parties and that such submission complies with applicable local laws.

10. SERVICE AVAILABILITY

• SmatAccess endeavors to provide reliable access but does not guarantee uninterrupted availability.
• Temporary interruptions may occur due to:
  1. maintenance or upgrades;
  2. third-party outages;
  3. force majeure events.
• Such interruptions do not constitute a breach of these Terms.

11. THIRD-PARTY SERVICES

• The Platform may integrate with third-party products or services.
• SmatAccess is not responsible for third-party availability, performance, or data practices, regardless of user location.

12. DISCLAIMER OF WARRANTIES

• The Platform and Services are provided "as is" and "as available."
• To the maximum extent permitted by law, SmatAccess disclaims all warranties, express or implied, including fitness for purpose, merchantability, and accuracy.

13. LIMITATION OF LIABILITY

• To the fullest extent permitted by law, SmatAccess shall not be liable for any indirect, incidental, consequential, or special damages, including loss of data, profits, revenue, or business opportunity.
• SmatAccess's total liability, if any, shall be limited to the fees paid by the User in the three (3) months preceding the event giving rise to the claim, regardless of jurisdiction.

14. INDEMNITY

You agree to indemnify and hold harmless SmatAccess, its directors, officers, employees, and affiliates from any claims, damages, or losses arising from:

1. your use of the Platform in any jurisdiction;
2. breach of these Terms;
3. violation of local or international law.

15. TERMINATION

• SmatAccess may suspend or terminate access immediately if:
  1. these Terms are breached;
  2. payment obligations are unmet;
  3. continued use presents legal, security, or reputational risk.
• Upon termination:
  1. all access rights cease immediately;
  2. outstanding fees remain payable;
  3. no refunds shall be due unless required by law.

16. GOVERNING LAW AND JURISDICTION

• These Terms shall be governed by and interpreted in accordance with the laws of Zimbabwe, without regard to conflict-of-law principles.
• The courts of Zimbabwe shall have exclusive jurisdiction, notwithstanding the User's location.

17. CHANGES TO TERMS

• SmatAccess may amend these Terms at any time.
• Continued use of the Platform constitutes acceptance of the updated Terms.

18. CONTACT DETAILS

• SmatAccess
• Website: https://smataccess.com/contact