Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and AdvannoSmart (Pty) Ltd ("AdvannoSmart", "we", "us", "our"), the developer of SmartKwam.

By downloading, installing, accessing, or using the SmartKwam application, website (smartkwam.co.za), or any related service (collectively, the "Services"), you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, you may not use the Services. Your continued use of the Services after any amendment to these Terms constitutes your acceptance of the updated Terms.

2. Description of Service

SmartKwam is a smart home management application that allows users to connect, monitor, and control compatible third-party smart home devices from a single interface. The Services include, without limitation: device control and monitoring, automation rule creation, scene management, energy usage insights, family sharing, and voice assistant integration.

The App is free to download and core functionality is provided at no charge. Certain premium features — including cloud storage tiers, extended automations, and advanced analytics — may be offered as optional in-app purchases or subscriptions. Any such features will be clearly marked within the App and subject to separate pricing terms communicated before purchase.

3. Eligibility

You must be at least 13 years of age to use the Services. If you are between 13 and 17 years old, you may only use the Services with the prior consent of a parent or legal guardian who agrees to these Terms on your behalf and takes responsibility for your use of the Services.

By creating an account you represent and warrant that all information you provide is accurate, current, and complete, and that you have the legal capacity to enter into these Terms in your jurisdiction.

4. Account Registration

To access most features of the Services you must register for an account. You agree to:

• Provide accurate, current, and complete registration information.
• Keep your account credentials confidential and not share them with any third party.
• Notify us immediately at support@smartkwam.co.za of any unauthorised use of your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to refuse registration, suspend, or terminate any account at our discretion, including where we suspect fraudulent, abusive, or unlawful conduct.

5. Licence Grant

Subject to your compliance with these Terms, AdvannoSmart grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the SmartKwam app on mobile devices owned or controlled by you, solely for your personal, non-commercial purposes.

This licence does not include the right to: sublicence, sell, resell, transfer, assign, or otherwise commercially exploit the Services; modify, adapt, translate, or create derivative works of the Services; decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code of the Services; or use the Services to develop a competing product or service.

Any use of the Services not expressly permitted by these Terms is strictly prohibited and may result in termination of your licence and legal action.

6. Acceptable Use

You may use the Services only:

• For lawful purposes and in accordance with all applicable laws and regulations of the Republic of South Africa and any jurisdiction in which you access the Services.
• To control devices that you own or have explicit permission to control from the device owner.
• In a manner that does not infringe the rights of any third party, including intellectual property rights and rights of privacy.
• In a manner consistent with these Terms and all guidelines, policies, and instructions we issue from time to time.

7. Prohibited Conduct

You must not:

• Use the Services to gain unauthorised access to any device, network, or system that you do not have permission to access.
• Interfere with, disrupt, or overburden the Services, our servers, or any network connected to the Services.
• Attempt to circumvent any security feature, authentication requirement, or access control mechanism.
• Use automated scripts, bots, or scrapers to access the Services in a manner that could impair performance for other users.
• Impersonate any person or entity, or falsely state your affiliation with any person or entity.
• Use the Services to transmit any malware, ransomware, spyware, or other malicious code.
• Collect or harvest any personally identifiable information from other users of the Services.
• Use the Services in any manner that violates applicable South African law, including the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and the Cybercrimes Act 19 of 2020.

8. Third-Party Devices & Integrations

SmartKwam is designed to integrate with a wide range of third-party smart home devices and cloud platforms. You acknowledge and agree that:

• We do not manufacture, endorse, or warrant any third-party device, and we are not responsible for the performance, safety, or reliability of any device you connect to SmartKwam.
• Device compatibility may change due to updates by device manufacturers or platform providers outside our control. We cannot guarantee that any specific device will remain compatible with SmartKwam.
• Your use of third-party smart home devices is governed by the terms of service and warranty terms of the relevant manufacturer or platform provider.
• We are not liable for any loss, damage, or injury arising from the malfunction, failure, misuse, or hacking of any third-party device, whether or not connected via SmartKwam.

9. Intellectual Property

The Services and all content, features, and functionality thereof — including but not limited to the SmartKwam name, logo, user interface design, source code, algorithms, databases, and documentation — are owned by AdvannoSmart or its licensors and are protected by South African and international intellectual property laws.

Nothing in these Terms grants you any right, title, or interest in or to the Services beyond the limited licence granted under Section 5. Any feedback, suggestions, or ideas you provide regarding the Services may be used by us without restriction or compensation to you.

10. Disclaimers & Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

• The Services will be uninterrupted, error-free, or available at any particular time.
• Any defects in the Services will be corrected.
• The Services are free of viruses or other harmful components.
• Commands sent via SmartKwam will be received and executed by connected devices in real time or at all.

To the extent permitted by the Consumer Protection Act 68 of 2008 ("CPA"), we disclaim all warranties not expressly stated in these Terms.

11. Limitation of Liability

To the maximum extent permitted by applicable law, including the CPA, AdvannoSmart and its directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to: loss of profits, loss of data, loss of goodwill, service interruption, smart home device malfunctions, lock-outs, or any other intangible losses, arising out of or in connection with your use of or inability to use the Services.

To the extent we are found liable in any circumstances, our aggregate liability to you for any claims arising out of or relating to the Services shall not exceed the greater of: (a) the amount you have paid to AdvannoSmart in the 12 months preceding the claim, or (b) ZAR 500 (five hundred rand).

Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited under applicable South African law.

12. Indemnification

You agree to indemnify, defend, and hold harmless AdvannoSmart and its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property rights; or (d) any claim that your actions caused damage to a third party.

13. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

You irrevocably agree to submit to the exclusive jurisdiction of the Western Cape Division of the High Court of South Africa for the resolution of any dispute arising under these Terms, provided that AdvannoSmart reserves the right to bring proceedings in any court of competent jurisdiction.

14. Consumer Protection Act Notice

If any provision of these Terms conflicts with your statutory rights under the CPA, your statutory rights shall prevail to the extent of the conflict. You may contact the National Consumer Commission at www.thencc.gov.za or the Consumer Goods and Services Ombud at www.cgso.org.za if you believe your consumer rights have been violated.

15. Dispute Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute arising under these Terms in good faith through direct negotiation. Either party may initiate this process by sending a written notice describing the dispute and the relief sought to the other party.

If the dispute is not resolved within 30 days of the initial notice (or such longer period as both parties may agree in writing), either party may pursue their rights and remedies under Section 13 above.

16. Termination

You may stop using the Services and delete your account at any time by following the account deletion process in the app settings or by contacting us at support@smartkwam.co.za.

We may suspend or terminate your access to the Services, with or without prior notice, if we reasonably believe you have violated these Terms, if required by applicable law, or if continued operation would be harmful to us, other users, or third parties.

Upon termination for any reason: your licence to use the Services will immediately cease; we may delete your account data in accordance with our Privacy Policy; and provisions of these Terms that by their nature should survive termination will do so, including Sections 9, 10, 11, 12, 13, and 15.

17. Changes to These Terms

We reserve the right to modify these Terms at any time. For material changes — changes that significantly affect your rights or obligations — we will provide at least 30 days' advance notice by email and/or by a prominent notice within the app before the changes take effect.

For minor changes (e.g. clarifications, corrections, changes required by law), we may update the Terms immediately with notice. The updated Terms will be identified by the revised "Last updated" date. It is your responsibility to review these Terms periodically. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.

18. Contact Us

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