Terms of Service

1. Definitions

• Workspace: the Customer’s environment in the Service, which may contain one or more companies.
• Super Admin: the first person who signs up for a Workspace, and anyone later given that role. Super Admins control the Workspace, its users and its subscription.
• Authorized User: an individual the Customer invites or permits to use its Workspace, such as directors, partners, accounts staff, employees, contractors or viewers.
• Customer Data: all data, records, files and content submitted to the Service by or for the Customer, including ledger entries, bank account details, documents, receipts, workforce, payroll and HR records, products and stock, customers and shop orders, POS sales, and information about Authorized Users.
• Order: the plan, billing interval and any Extensions selected in the Service or in a signed order form.
• Extension: an optional part of the Service installed separately and billed monthly, such as Inventory, E-commerce (online shop), POS (point of sale), CRM or HR.
• Babu: the assistant in the application and on our website, including its basic features and any optional AI-powered features (“Babu AI”).

2. Accounts and workspaces

You must provide accurate, complete registration information and keep it up to date. The first person to sign up for a Workspace becomes its Super Admin and is responsible for configuring roles and permissions and for inviting Authorized Users.

You are responsible for (a) all activity in your Workspace, (b) your Authorized Users’ compliance with these Terms, (c) keeping credentials confidential and ensuring each person uses their own login, and (d) promptly removing access for people who should no longer have it. Notify us immediately at security@smartbusinesswizard.com if you suspect unauthorized access.

You must be at least 18 years old and able to form a binding contract to create an account. The Service is not available to anyone we have previously suspended or removed.

3. Free trial

New Workspaces may start with a free trial of 30 days (or another period we state at signup). No payment card is required to start a trial. During a trial the Service is provided “as is” without any warranty, service commitment or support obligation, and we may end or modify trials at any time.

If you add a payment method and choose a plan before the trial ends, your paid subscription begins when the trial ends and you will be charged at that time. If you do not, your Workspace will be paused (read-only or locked) at the end of the trial. We will keep paused trial data for at least 30 days so you can subscribe or request an export, after which it may be deleted. Trials are limited to one per company; we may refuse trials that appear to be abusive.

4. Subscriptions, billing and automatic renewal

Fees. You agree to pay the fees for your plan and billing interval as shown on our pricing page or in your Order. Fees are quoted in the currency shown for your country at signup (for example US dollars or Bangladeshi taka) and exclude taxes. You are responsible for all sales, use, value-added and similar taxes, other than taxes on our net income.

Payment processing. Payments are processed by our payment processor, Stripe, Inc. You authorize us and Stripe to charge your payment method for all fees when due. We do not receive or store full payment card numbers.

Automatic renewal. Subscriptions renew automatically at the end of each monthly or yearly billing period for the same period and at the then-current price, and your payment method will be charged at the start of each renewal period, unless you cancel before the renewal date. You can cancel at any time in the billing settings of the application or by emailing billing@smartbusinesswizard.com.

Price changes. We may change prices for future periods. We will give Super Admins at least 30 days’ notice by email or in the Service; the new price applies from your next renewal after the notice period. If you do not agree, cancel before that renewal.

Plan changes. Upgrades take effect immediately and are charged on a prorated basis for the rest of the current period. Downgrades take effect at the start of the next billing period; features or capacity not included in the lower plan (for example, companies or users above the new limit) may become read-only or unavailable.

Extensions. A Super Admin may install Extensions at any time. The first installation of each Extension in a Workspace includes a free trial of 30 days; after that, the Extension’s monthly price is added to your subscription and billed with it until you remove the Extension. Removing an Extension stops future charges; its menus disappear, and its data is kept with the rest of your Customer Data.

Usage limits. Plans include limits on companies, users and Babu AI requests. Unused Babu AI requests do not roll over. If you exceed a limit we may ask you to upgrade, or temporarily restrict the relevant feature.

Late or failed payment. If a charge fails, we will notify you and retry. If payment remains outstanding for 14 days after notice, we may suspend the Workspace until paid. Invoiced Enterprise fees are due within 30 days of invoice unless the Order says otherwise.

5. Cancellation and refunds

You may cancel at any time. Cancellation takes effect at the end of the current paid billing period; you keep access until then and will not be charged again. Except where required by applicable law or expressly stated in our Refund & Cancellation Policy, fees (including Extension fees) are non-refundable and we do not provide refunds or credits for partial billing periods, unused time, unused users, companies or Extensions, or unused Babu AI requests.

6. Customer Data

You own your data. As between you and us, the Customer owns all Customer Data. You grant us a limited, worldwide, non-exclusive licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, to prevent abuse, and as required by law.

Your responsibilities. You are responsible for the accuracy, quality and legality of Customer Data and for having all rights, notices and consents needed to submit it, including personal information about your Authorized Users, directors, partners, employees and contractors. Do not upload payment card numbers or government identification numbers except in fields designed for them.

Service data. We may collect data about how the Service is used (for example performance metrics and feature usage) and create aggregated or de-identified data that does not identify you or any individual. We may use that data to operate and improve the Service.

No AI training on your data. We do not use Customer Data to train generative AI models, and we contractually require our AI subprocessors not to do so.

Export and deletion. You can export your records during your subscription. After cancellation or termination you will have 30 days to export Customer Data (you may need to request export by emailing support@smartbusinesswizard.com if the Workspace is locked). We will then delete Customer Data from active systems within 60 days after the end of the subscription, and from backups on their normal rotation cycle, except where we must retain data to comply with law, resolve disputes or enforce our agreements.

Our handling of personal information is described in our Privacy Policy and, where applicable, our Data Processing Addendum.

7. Our access to Customer Data

As the operator of the Service, we (the platform owner and a small number of authorized staff) have administrative access to all Workspaces, including their contents. We use it to operate, maintain and support the Service, to resolve support requests, to keep the Service secure and investigate abuse or incidents, and as required by law, subpoena or other legal process. We do not sell Customer Data, use it for advertising or use it to train AI models. Where legally permitted, we will notify you of any legal demand for your data. Everyone with this access is bound by confidentiality obligations, and actions taken in a Workspace are recorded in its activity log.

8. Babu assistant and AI features

Babu can answer how-to questions, navigate, answer questions about records you are permitted to see, and prepare draft entries from text or documents you provide. Babu on our public website answers only from public information and cannot see any Workspace. Babu does not save or submit records on its own; an Authorized User must review and submit every entry, and your approval rules still apply.

Babu’s outputs are generated automatically, may be incomplete or inaccurate, and are not advice. You are responsible for reviewing outputs before relying on them. Babu AI features, where included in your plan and enabled, send the relevant request and necessary context to an AI subprocessor listed on our Subprocessors page. Super Admins can choose not to use Babu AI.

9. No financial, tax or legal advice

The Service does not move money between bank accounts, file tax returns, or act as a payroll provider, bank, money transmitter, broker or fiduciary. Recording a distribution, payment or payroll obligation in the Service does not pay it.

10. Acceptable use

You and your Authorized Users must comply with our Acceptable Use Policy, which forms part of these Terms. You may not: (a) sell, resell, rent or sublicense the Service except as expressly permitted; (b) copy, modify, reverse engineer or create derivative works of the Service, except where such restriction is prohibited by law; (c) access the Service to build a competing product; (d) circumvent plan limits, access controls or security measures; or (e) use the Service in violation of law.

11. Third-party services

The Service relies on and may link to third-party products and services (for example Stripe for payments). Your use of third-party services is governed by their own terms, and we are not responsible for them. If a third-party service stops being available on reasonable terms, we may stop providing the related feature.

12. Intellectual property and feedback

We and our licensors own the Service, including all software, designs, text, graphics, trademarks and improvements. Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription for your internal business purposes. All rights not expressly granted are reserved.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free right to use them without obligation to you.

13. Confidentiality

Each party will protect the other’s non-public information disclosed in connection with the Service (“Confidential Information”) using at least reasonable care, use it only to perform under these Terms, and disclose it only to employees, contractors and advisers who need to know it and are bound by similar obligations. Customer Data is your Confidential Information. These obligations do not apply to information that is or becomes public through no fault of the recipient, was already known to it, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information if required by law, after giving reasonable notice where legally permitted.

14. Security

We maintain administrative, technical and physical safeguards designed to protect Customer Data, as summarised in our Security overview. No system is perfectly secure. You are responsible for configuring roles and permissions appropriately, protecting credentials and the devices used to access the Service, and keeping your own copies of records you are legally required to retain.

If we become aware of a security breach that results in unauthorized access to Customer Data, we will notify affected Customers without undue delay and provide information reasonably available to help you meet your obligations.

15. Suspension

We may suspend access to the Service, in whole or in part, if (a) fees are overdue as described above, (b) we reasonably believe your use violates these Terms or the Acceptable Use Policy, poses a security risk, or could harm us, the Service or others, or (c) we are required to by law. Where practicable we will give notice first and limit the suspension to what is necessary, and we will restore access promptly once the issue is resolved.

16. Term and termination

These Terms apply from when you first use the Service until your subscription ends and all Customer Data has been exported or deleted. Either party may terminate for material breach that is not cured within 30 days after written notice. We may terminate immediately for serious or repeated violations of the Acceptable Use Policy or where required by law. On termination, your right to use the Service ends, unpaid fees become due, and the export and deletion terms in “Customer Data” apply. Sections that by their nature should survive (including payment obligations, ownership, confidentiality, disclaimers, limitation of liability, indemnification and governing law) survive termination.

17. Warranties and disclaimers

We will provide the paid Service in a professional manner consistent with generally accepted industry standards and will not materially reduce the overall functionality of your plan during your current billing period. Your exclusive remedy for breach of this warranty is for us to use reasonable efforts to correct the issue or, if we cannot, to let you terminate and receive a refund of prepaid fees for the unused remainder of the period.

EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICE, INCLUDING BABU AND ALL CALCULATIONS, REPORTS, INSIGHTS AND SCENARIOS, IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY CALCULATED FIGURE IS CORRECT FOR YOUR TAX, LEGAL OR FINANCIAL PURPOSES.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, OR FOR TAXES, PENALTIES, INTEREST OR AMOUNTS PAID OR NOT PAID TO THIRD PARTIES IN RELIANCE ON THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID AND PAYABLE BY CUSTOMER TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR US $100 IF NO FEES WERE PAID).

These limits do not apply to Customer’s payment obligations, a party’s indemnification obligations, or liability that cannot be limited by law, including for fraud, gross negligence or wilful misconduct.

19. Indemnification

By us. We will defend Customer against any third-party claim alleging that the Service, as provided by us, infringes that party’s intellectual property rights, and pay resulting damages finally awarded or agreed in settlement. This does not apply to claims arising from Customer Data, third-party services, or combinations or modifications not made by us.

By Customer. Customer will defend us against any third-party claim arising from Customer Data, Customer’s or its Authorized Users’ use of the Service in breach of these Terms or law, or any distribution, payment, tax filing or other decision made using the Service, and pay resulting damages finally awarded or agreed in settlement.

The indemnified party must promptly notify the other, give it sole control of the defence and settlement (no settlement may impose liability on the indemnified party without its consent), and provide reasonable cooperation.

20. Governing law and disputes

These Terms are governed by the laws of the People’s Republic of Bangladesh, without regard to its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply. Before filing a claim, each party agrees to try to resolve the dispute informally by written notice and good-faith discussion for at least 30 days. Any claim that is not resolved will be brought exclusively in the courts of Dhaka, Bangladesh, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

21. Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes, notify Super Admins by email or in the Service at least 30 days before they take effect. Changes required by law or relating to new features may take effect sooner. If you do not agree to the changes, you may cancel before they take effect; continued use after the effective date means you accept them.

22. General

• Entire agreement. These Terms, together with any Order, the Acceptable Use Policy, the Privacy Policy and (where applicable) the Data Processing Addendum, are the entire agreement between the parties. If a signed Order conflicts with these Terms, the Order controls for that Order.
• Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all relevant assets, with notice.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, other than payment obligations.
• Notices. We may give notices by email to the Super Admin or in the Service. Legal notices to us must be sent to legal@smartbusinesswizard.com with a copy to AI Tech, 6232 Camellia Ave, North Hollywood, CA 91606-4119, United States (mailing address).
• Export and sanctions. You represent that you are not located in, or owned or controlled by persons in, a country or on a list subject to US sanctions, and you will comply with applicable export laws.
• Independent parties; no third-party beneficiaries; waiver; severability. The parties are independent contractors. There are no third-party beneficiaries. A failure to enforce a provision is not a waiver. If a provision is unenforceable, the rest remains in effect.
• Publicity. We will not use your name or logo as a customer reference without your permission.

23. Contact

Smart Business Wizard is operated by AI Tech.
Mailing Address: 6232 Camellia Ave, North Hollywood, CA 91606-4119, United States
UK Contact Address: 73 Meon Rd, Southsea, Portsmouth, Southsea PO4 8NN, United Kingdom
Phone: +1 443 251 6605 · WhatsApp: Chat with us on WhatsApp
General information: info@smartbusinesswizard.com · Customer support: support@smartbusinesswizard.com
Legal: legal@smartbusinesswizard.com · Billing: billing@smartbusinesswizard.com