Customer Service Agreement — Version 1.0. Effective on acceptance of the applicable Order Form. This Agreement is entered into between Smatyx Holdings Ltd, a company incorporated in England and Wales with company number 15704378 and registered office at 37 Cadet House, 2 Victory Parade, Plumstead Road, London, SE18 6FL ("Smatyx", "we", "us", or "our"); and the business customer identified in the applicable Order Form ("Customer", "you", or "your").
This Agreement governs the Customer's access to and use of the software, services, websites, applications, and related functionality provided by Smatyx.
Smatyx provides software and related services for food and beverage businesses, including:
The exact Services provided to the Customer shall be determined by the applicable Order Form.
Subject to payment of all applicable fees and compliance with this Agreement, Smatyx grants the Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the Subscription Term.
The Services are licensed, not sold. No ownership rights in the Services are transferred to the Customer.
The Subscription Term shall be specified in the applicable Order Form. Unless otherwise stated in the Order Form:
The Customer shall pay all fees specified in the applicable Order Form or invoice. Unless otherwise agreed:
The Customer is responsible for:
The Customer remains solely responsible for all business decisions made using information generated by the Services.
Where Smatyx provides customer-facing ordering interfaces, websites, QR ordering pages, or similar services:
The Customer authorises Smatyx to publish and maintain customer-facing legal notices, ordering terms, privacy notices, cookie notices, and related compliance content necessary for operation of the Services.
Smatyx does not provide regulated payment processing, merchant acquiring, card processing, or payment institution services. Payment services are provided by independent Third-Party Services. The Customer may be required to enter separate agreements directly with payment providers.
Where authorised by the Customer, Smatyx may assist with the onboarding process for third-party payment providers. Such assistance is administrative only. Smatyx does not guarantee:
Smatyx is not responsible for payment provider outages, delays, chargebacks, payment disputes, account suspensions, or decisions made by payment providers.
Unless expressly agreed otherwise in writing:
The Customer is responsible for purchasing, maintaining, repairing, replacing, and securing all hardware used with the Services.
Smatyx may provide setup, onboarding, installation, training, remote assistance, on-site assistance, consulting, or support services where agreed in an Order Form. Support is provided on a reasonable efforts basis. Smatyx does not provide any guaranteed response times unless expressly agreed in writing.
Smatyx provides support through such channels as may be made available from time to time, including:
Support is provided on a reasonable efforts basis. Unless otherwise expressly agreed in an applicable Order Form, Smatyx does not provide:
Support availability may be affected by public holidays, weekends, maintenance periods, operational constraints, Third-Party Service availability, or circumstances beyond Smatyx's reasonable control.
Smatyx will use reasonable efforts to make the Services available. However, the Customer acknowledges that the Services may be affected by:
Smatyx does not guarantee uninterrupted or error-free operation.
The Customer retains ownership of all Customer Data.
The Customer grants Smatyx a non-exclusive right to use, host, process, transmit, copy, store, and back up Customer Data solely to provide and improve the Services.
The Customer warrants that it has all necessary rights and permissions relating to Customer Data.
Smatyx may generate, collect, analyse, use, store, and process aggregated, anonymised, statistical, and de-identified data derived from the Services and Customer Data. Such data shall be processed in a manner that does not identify:
Smatyx may use aggregated and anonymised data for purposes including operating and improving the Services; product development; analytics and reporting; benchmarking; research; security and fraud prevention; machine learning and artificial intelligence development; service optimisation; and general business operations.
Aggregated and anonymised data shall not be considered Customer Data and shall remain the property of Smatyx.
Each party shall comply with applicable data protection laws, including UK GDPR and the Data Protection Act 2018. Smatyx's processing of personal data is described in its Privacy Policy and any applicable data processing documentation.
All intellectual property rights in the Services, software, source code, websites, applications, trademarks, branding, documentation, and related materials remain the exclusive property of Smatyx or its licensors.
Nothing in this Agreement transfers ownership of any intellectual property to the Customer.
The Customer shall not:
Smatyx may modify, replace, improve, discontinue, add, or remove features, modules, integrations, or functionality from time to time. Nothing in this Agreement obligates Smatyx to continue providing any particular feature indefinitely.
Smatyx may suspend or terminate access where:
Upon termination, Customer access may be disabled; subscription fees remain payable where applicable; and data handling shall be governed by Section 19.
The Customer may request export of Customer Data within 30 days following termination.
Smatyx may retain Customer Data for up to 12 months following termination for backup, security, fraud prevention, legal, regulatory, compliance, dispute resolution, and operational purposes.
Following that period, Customer Data may be permanently deleted unless longer retention is required by law.
Except as expressly stated in this Agreement, the Services are provided on an "as is" and "as available" basis.
To the fullest extent permitted by law, Smatyx disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in this Agreement limits liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot legally be excluded.
Subject to the above, Smatyx shall not be liable for:
Smatyx's total aggregate liability arising out of or relating to this Agreement shall not exceed the total subscription fees paid by the Customer under the applicable Order Form giving rise to the claim.
This Agreement and any applicable Order Form constitute the entire agreement between the parties and supersede all prior discussions, proposals, representations, and agreements.
At Smatyx (www.smatyx.com), we collect various personal information to enhance user experience and ensure service quality. This includes essential details such as email, phone number, username, login password, and customer address. These details are mandatory during user registration to facilitate service usage and for Smatyx to communicate effectively with customers regarding service registration and confirmations.
During transactions on www.smatyx.com, we solely retain information pertinent to paid orders for transparency and service fulfillment. We do not store sensitive information like customer bank account numbers. Additionally, we utilize both personal identification (e.g., name, contact details) and non-personal identification data (e.g., cookies, IP addresses) to improve our service responsiveness and develop new features aligned with user preferences.
Customers are responsible for safeguarding their login credentials and promptly reporting any unauthorized activities or security breaches concerning their accounts.
Smatyx utilizes customer-provided information in the following ways:
We strictly refrain from using customer personal information for purposes other than transaction-related confirmations and necessary communications on www.smatyx.com. Customer data is retained for up to 2 years unless a cancellation request is submitted.
In compliance with legal obligations, Smatyx cooperates with judicial authorities upon receiving valid requests related to legal violations by customers.
We will maintain personal data in accordance with the laws on the protection of personal information confidentiality and/or other applicable laws. That is, we will delete identifying information from your personal data when we receive your request in accordance with the provisions of applicable Privacy Laws or when we have reasonable reason to determine that:
Access to customer personal information is limited to:
For inquiries or information management, please contact us at:
Customers at Smatyx have the right to review, update, adjust, or delete their personal information by logging into their account and editing their personal details directly on our website, www.smatyx.com. Alternatively, customers can request Smatyx to perform these actions on their behalf. If customers have concerns about the disclosure of personal information to third parties, they can file a complaint to Smatyx. Upon receiving such feedback, Smatyx will verify the information, provide explanations, and guide customers on restoring and securing their information. For assistance, please contact us via email at [email protected].
At Smatyx, we uphold an absolute commitment to safeguarding customer personal information in accordance with our privacy policy. We only collect and use customer information with their explicit consent, except where otherwise required by law.
We do not utilize, transfer, provide, or disclose any customer personal information to third parties without the customer's consent.
In the event of a data breach where customer personal data stored on our servers is compromised due to hacker attacks, Smatyx will promptly notify the relevant authorities for investigation and take immediate action. Affected customers will also be informed.
We ensure utmost security for all online transaction information of our customers, including digital invoices and transaction records, stored in our secured data centre.
During customer registration or purchase, Smatyx requires individuals to provide accurate and relevant personal information such as full name, contact address, email, phone number, and any other legally required details. Customers are responsible for the legal validity of the information provided. Smatyx will not be liable for nor resolve any complaints related to a member if inaccurate personal information was provided during initial registration.
Smatyx is committed to addressing any concerns or complaints regarding the handling of personal information promptly and effectively. Customers can lodge complaints by contacting our Customer Support team via email at [email protected].
When submitting a complaint, please provide as much detail as possible regarding the issue, including relevant dates, names, and any supporting documentation.
All complaints will be acknowledged upon receipt, and we aim to provide a resolution within 30 days of receiving the complaint, ensuring thorough investigation and effective communication throughout the process. We will keep the complainant informed of the progress and expected timeline for resolution, where feasible. Once the investigation is complete, Smatyx will provide the complainant with a written response outlining the findings and any actions taken or proposed.
We support the following payment methods for your convenience:
After selecting the software products on our website, please follow these steps:
We are committed to protecting your payment information with advanced security technologies to ensure safety and confidentiality.
Customers may cancel their order free of charge if:
If you need to cancel your order, please contact us immediately after placing the order. To cancel an order, customers should contact the Smatyx Holdings Ltd. customer service team at [email protected].
The purpose of this policy is to outline the procedures and terms governing the purchase, delivery, inspection, returns, and service standards for Smatyx software, ensuring transparency and customer satisfaction.
Customers may cancel their order free of charge if:
To cancel an order, customers should contact the Smatyx Holdings Ltd. customer service team at [email protected].
Return Conditions
Return Process
Return Time Frame
Refunds: Refunds will be processed within 5 business days to the original method of payment used by the customer upon receipt and verification of the returned software.
Return Shipping: There is no fee for returning the software.
These policies aim to provide detailed guidance on purchasing, payment, delivery, inspection, returns, and order cancellations for Smatyx software. For further assistance or information, please contact our customer support team at [email protected].