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Terms of Service

Last updated: March 1, 2026

Welcome to SmakSpace. By accessing or using our platform, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By creating an account or using the SmakSpace platform ("Service"), you agree to these Terms of Service ("Terms") and our Privacy Policy. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

2. Description of Service

SmakSpace provides a cloud-based restaurant management platform that includes digital menu management, online ordering, table booking, kitchen display systems, and related services. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

3. Account Registration

To use the Service, you must:

  • Be at least 18 years old
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

4. Subscription and Payment

4.1 Billing

Subscription fees are billed in advance on a monthly or annual basis. All fees are in US Dollars (USD) unless otherwise specified. Applicable taxes will be added where required by law.

4.2 Free Trial

New accounts may be eligible for a free trial period. At the end of the trial, you will be automatically charged unless you cancel before the trial ends. We will send you a reminder before your trial expires.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial months, except as required by law.

4.4 Price Changes

We may change our prices with 30 days' notice. Price changes will not affect your current billing period but will apply to subsequent periods.

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose
  • Violate any applicable laws or regulations
  • Infringe on the intellectual property rights of others
  • Upload malicious code or interfere with the Service
  • Attempt to gain unauthorized access to our systems
  • Resell or redistribute the Service without permission
  • Use the Service to send spam or unsolicited communications

6. Your Content

You retain ownership of all content you upload to the Service (menus, images, customer data, etc.). By uploading content, you grant us a license to use, store, and process that content as necessary to provide the Service. You are responsible for ensuring you have the rights to use any content you upload.

7. Intellectual Property

The Service, including its original content, features, and functionality, is owned by SmakSpace and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written consent.

8. Third-Party Services

The Service may integrate with third-party services (payment processors, delivery platforms, etc.). Your use of these services is subject to their own terms and conditions. We are not responsible for the availability or performance of third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMAKSPACE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless SmakSpace and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may terminate or suspend your account immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. You may export your data before termination through our data export tools.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of New Zealand.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

15. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and SmakSpace regarding the Service.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
  • Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver.
  • Assignment: You may not assign your rights under these Terms without our prior written consent.

16. Contact Us

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

Email:

New Zealand