Terms of Service

Welcome to The Smart Business System! We provide an AI-powered, cloud-based platform designed for solopreneurs and small business owners to help you plan, organise and grow your business. Our Services combine an AI workspace, community, courses and practical systems so you can run more of your business from one place.

These Terms form our contract with you and set out our obligations as a service provider and your obligations as a customer.

You must not use our Services unless you agree to these Terms.

1. Who We Are and How to Contact Us

In these Terms, when we say SBS, we, us or our, we mean The Smart Business System Ltd. When we say you or your, we mean both:

• you as an individual, and
• if you are using SBS for or on behalf of a business, that business or organisation.

For questions about these Terms, or to get in touch with us, you can contact us using the details below:

Email: hello@thesmartbusinesssystem.com

2. Engagement, Term and Commitment Period

1. These Terms apply from the earlier of:

• the date you first create an SBS account through our website or app; or
• the date you sign any written proposal with us.

and continue until your Account is terminated in line with these Terms.

2. When you sign up to a paid plan, you may select a minimum term (the Commitment Period) such as monthly or annual. Unless we agree otherwise in writing:

• your Commitment Period will automatically renew for the same length at the end of each Commitment Period; and
• the Fees for your plan will be charged on or shortly after each renewal date.

3. If you do not want your plan to renew, you must cancel your subscription in your Account settings or by contacting us before the end of your current Commitment Period. If you cancel after that, cancellation will normally take effect at the end of the next Commitment Period.

4. We may update these Terms from time to time. If we make a material change, we will notify you (for example by email or a notice in the app or community). Unless stated otherwise, the updated Terms will apply from your next renewal date. If you do not agree with the changes, you should cancel your Account before renewal. By continuing to use SBS after the updated Terms take effect, you accept them.

3. Who Can Use SBS

1. SBS is designed for business and professional use only, for example by solopreneurs, small businesses and teams.

2. By using SBS you confirm that:

• you are at least 18 years old;
• you are using SBS for business purposes, not purely as a consumer; and
• if you are using SBS on behalf of a business or organisation, you are authorised to bind that entity to these Terms.

3. If you use SBS as a consumer despite this, you may have additional rights under consumer law. Nothing in these Terms is intended to exclude rights that cannot legally be excluded.

4. Our Services

4.1 What we provide

Subject to these Terms and the payment of any applicable fees (the Fees) and the plan you select, we provide you with:

• access to the MySBS app and AI-powered workspace;
• access to the SBS community and member areas;
• access to courses, challenges, workshops and live sessions;
• access to support channels as described on our website or in your plan; and
• any other related services we agree to provide on our website.

We will provide the Services with reasonable care and skill and in line with applicable law.

4.2 How you access SBS

You may access the Services via:

• a compatible web browser and internet connection; and
• any mobile or desktop apps we make available from time to time.

You are responsible for ensuring your devices and connections are suitable and free from viruses or harmful code.

4.3 Support

Unless otherwise agreed, support is available to paying customers and active trial users via the channels described on our website. Support does not include custom development, implementation, on-site work or support for third-party systems unless we specifically agree this with you.

4.4 Not professional advice

SBS provides education, tools and support, including AI-assisted content. Our Services do not constitute legal, financial, tax, investment or other professional advice. You should seek your own professional advice where needed. You remain responsible for how you use SBS in your business and for any decisions you make.

5. AI Tools and AI-Generated Content

1. SBS includes AI-powered tools and features, which may be delivered by us and/or third-party AI providers.

2. AI technology is experimental and evolving. AI-generated content may be inaccurate, incomplete, biased or inappropriate. We do not guarantee that any AI output will be correct, suitable or fit for your particular purpose.

3. You are responsible for:

• checking that any data you input into AI tools is lawful and appropriate for your business use;
• reviewing, editing and verifying AI-generated content before using it, publishing it or sending it to customers;
• ensuring AI-generated content does not infringe any person’s intellectual property, privacy or other rights;
• not using AI tools for illegal, discriminatory or harmful purposes; and
• complying with any additional terms of the underlying AI providers that we notify you of.

4. You should avoid entering unnecessary personal data about identifiable individuals into AI tools. You must not use AI features to process special category data (such as health, ethnicity or beliefs) unless you have a lawful basis, appropriate safeguards and it is consistent with our Privacy Policy.

5. To the extent allowed by law, we are not liable for any loss, damage or claims arising out of or in connection with your use of AI tools or reliance on AI-generated content.

5.1 Ownership of AI Output

Subject to your compliance with these Terms and payment of applicable Fees, SBS assigns to you all its right, title and interest in and to the output generated by the AI tools in response to your specific inputs (“AI Output”). This means you own the AI Output and can use it for your business purposes. However, due to the nature of artificial intelligence, you acknowledge that AI Output may not be unique and other users may receive similar content from the AI tools, and this assignment does not extend to the underlying AI models, algorithms, or the general content libraries of SBS or our third-party providers.

6. Accounts and Authorised Users

1. Depending on your plan, you may invite other users to access SBS under your Account (each an Authorised User).

2. You are responsible for ensuring each Authorised User is aware of and complies with these Terms, and managing their access and permissions.

3. Each Authorised User login is for one person only. You must not share logins between multiple people. If we reasonably believe logins are being shared, we may ask you to purchase additional seats and/or suspend or restrict access until the issue is resolved.

4. You are responsible and liable for the acts and omissions of your Authorised Users as if they were your own.

7. Plans, Fees, Free Trials and Overages

7.1 Plans and Fees

1. Details of our subscription plans (the Plans) and Fees are shown on our website.

2. Unless we agree otherwise in writing, Fees are payable in advance for each billing period; Fees are non-refundable except where we are required to provide a refund by law; and Fees are exclusive of taxes, which may be added as required by law.

3. We may update our Plans and Fees from time to time. If we increase the Fees for a Plan you are already on, we will give you at least 30 days’ notice and the new Fees will apply from your next renewal. If you do not agree, you may cancel before that renewal date.

7.2 Free trials

1. We offer a 14 day free trial of certain Plans for a limited period (a Free Trial). Eligibility, duration and inclusions for Free Trials are shown on our website.

2. Free Trials are offered at our discretion and may be restricted to new customers. We may end a Free Trial early if we reasonably believe it is being misused.

3. If you have provided payment details and do not cancel before the end of your Free Trial, your subscription may automatically convert to a paid Plan and the applicable Fees will be charged.

7.3 Overages and fair use

1. Some Plans may include usage limits (for example seats, workspaces, projects, storage or AI usage). You agree not to deliberately circumvent these limits.

2. If your usage materially exceeds the limits of your Plan or what we consider reasonable for similar customers, we may ask you to move to a more suitable Plan and/or apply additional Overage Fees for the extra usage at our then-current rates.

3. We will normally give you 3 days notice before applying Overage Fees or changing your Plan, unless your usage is causing technical or security issues.

8. Changes to Your Plan

1. You may request to upgrade or downgrade your Plan in your Account settings or by contacting us.

2. If you upgrade, the new Plan will usually take effect immediately and any increase in Fees may be charged straight away or pro-rated on your next billing date.

3. If you downgrade, the new Plan will take effect either immediately or from your next billing date, and downgrading may result in the loss of certain features, limits, content or data.

4. You are responsible for backing up any data you wish to keep before downgrading. To the extent allowed by law, we are not liable for loss resulting from a downgrade you request.

9. Non-payment

1. If we cannot collect any Fees when due, we may retry your payment method and notify you that payment is overdue.

2. If payment remains outstanding for more than 14 days after the due date, we may suspend or restrict access to your Account until all overdue amounts are paid, and/or treat non-payment as a material breach and terminate your Account.

10. Your Data and Content

10.1 Your Data

1. In these Terms, Your Data means content, files and information you upload, create or store in SBS; messages, posts and other contributions you make in the community; and any other data you submit or share through the Services.

2. You retain ownership of Your Data.

3. You grant SBS a non-exclusive, worldwide, royalty-free licence to host, use, reproduce and display Your Data as needed to provide, maintain and improve the Services; operate the community, courses and events; provide support; and comply with our legal obligations.

4. We will handle personal data within Your Data as described in our Privacy Policy.

10.2 Backups and export

We take reasonable steps to protect and back up data on our systems, but we do not guarantee that Your Data will always be available or recoverable, and you are responsible for maintaining your own backups of important information. Before cancelling, downgrading or making major changes, you should export or copy any data you wish to keep.

10.3 Community content and moderation

Some parts of SBS are visible to other members. You understand that content you post in shared or public spaces may be visible to other users, and we may moderate, edit, move or remove content that we reasonably consider to be inappropriate, harmful or in breach of these Terms. You are responsible for ensuring your content is lawful, accurate and appropriate for a professional business community.

11. Intellectual Property

11.1 Our IP

All intellectual property rights in the Services are owned by or licensed to The Smart Business System Ltd. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for your internal business purposes. You must not copy, modify or distribute significant parts of the Services; remove or alter any copyright, trade mark or proprietary notices; or use our name, logo or branding without our prior written permission.

11.2 Your IP

You retain ownership of the intellectual property in Your Data and content you create using SBS. By submitting or posting content via SBS, you grant us the licence described in section 10.1.

11.3 Feedback

If you give us feedback, suggestions or ideas about SBS, you agree that we may use this Feedback in any way for our business without obligation to you. We own all rights in any improvements or changes we make based on your Feedback.

12. Acceptable Use and Fair Usage

You must not use SBS:

• in any way that is illegal or breaches applicable laws or regulations;
• to infringe or violate the rights of others, including intellectual property, privacy and confidentiality rights;
• to transmit, share or store content that is defamatory, obscene, discriminatory, hateful, abusive, threatening or harassing;
• to send spam, unsolicited marketing or other unwanted communications;
• to upload, transmit or store viruses, malware or other harmful code;
• to attempt to gain unauthorised access to systems, accounts or data;
• to bypass or compromise security or access controls;
• to reverse engineer or attempt to derive the source code or underlying ideas of SBS (except as allowed by law);
• to sell, resell, rent, lease or provide SBS as a “service bureau” without our written consent; or
• to build a competing service using unauthorised access to SBS.

We may remove content and, if necessary, suspend or terminate access if we reasonably believe these rules are being breached.

13. Third-Party Services and Integrations

1. SBS may integrate with or link to third-party services, such as analytics tools, payment processors, CRM and email tools, automation tools, and scheduling and meeting tools.

2. These third-party services are provided by others, not SBS. Your use of them may be subject to separate terms and privacy policies, which you are responsible for reviewing.

3. To the extent allowed by law, we are not responsible for or liable for the availability, performance or actions of third-party services, or any loss or damage arising from your use of them, except where law requires otherwise.

14. Privacy and Data Protection

14.1 Roles of the Parties

SBS as Controller: We act as a data controller for your account information and process this data in line with our Privacy Policy.

SBS as Processor: Where you upload personal data relating to third parties (e.g., your own clients, leads, or team members) into the Services for us to host or process on your behalf (“Third-Party Data”), you are the Controller and SBS is the Processor.

14.2 Data Processing Obligations

Where SBS acts as a Processor for Third-Party Data, we agree to process data only on your documented instructions; ensure staff and contractors are committed to confidentiality; implement appropriate technical and organisational security measures; use third-party sub-processors as needed; provide reasonable assistance with data subject rights requests; and delete or return Third-Party Data on termination unless law requires storage.

15. Ending the Services

15.1 Your right to cancel

You may cancel your subscription or Account via your Account settings or by contacting us. Unless we agree otherwise in writing, cancellation will take effect at the end of your current Commitment Period and Fees already paid are non-refundable, except where we are required to give a refund by law.

If you have committed to a minimum term, you may remain liable to pay Fees for the rest of that term, even if you cancel early, unless we agree otherwise or the law requires a different outcome.

15.2 Our right to suspend or terminate

We may suspend or terminate your access to SBS if you fail to pay Fees when due; you materially breach these Terms and do not remedy it within 14 days; we reasonably believe your use of SBS is unlawful, harmful, abusive or poses a risk; or we decide to discontinue SBS entirely (in which case we will normally give reasonable prior notice).

If we terminate without cause, we will usually refund any prepaid Fees for the remaining part of the current paid-up period.

15.3 Effect of termination

On termination or expiry of your Account, your right to access and use SBS ends; we may delete or anonymise Your Data after a reasonable period, subject to any legal retention obligations; and any rights and obligations that have already built up will continue to apply.

16. Warranties and Disclaimers

To the fullest extent permitted by law:

1. SBS is provided on an “as is” and “as available” basis.
2. We do not guarantee that SBS will be uninterrupted or error-free, or that it will always meet your specific requirements.
3. We do not guarantee any particular results, such as increased sales, leads, productivity or profit.
4. All implied warranties or conditions are excluded, except where they cannot lawfully be excluded.

Nothing in these Terms excludes or limits any warranty or liability that cannot be excluded or limited under applicable law.

17. Limitation of Liability

To the fullest extent permitted by law, we will not be liable to you for any loss of profits, revenue, sales or business; loss of savings or goodwill; loss or corruption of data; loss arising from business interruption; or indirect, consequential or special loss or damage.

Our total aggregate liability to you for all claims arising out of or in connection with SBS and these Terms is limited to the total Fees you actually paid to SBS in the 12 months immediately before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.

18. Indemnity

You agree to indemnify and hold harmless SBS (and our directors, officers, employees and contractors) from and against any claims, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms; your misuse of SBS; Your Data and content you submit or share through SBS; or any claim that your use of SBS infringes a third party’s rights, except to the extent caused by our own breach.

19. Changes to SBS and These Terms

1. We may update or change SBS from time to time. Where a change is material and negative, we will try to give reasonable notice where practical.

2. We may update these Terms as described in section 2.4. If you continue to use SBS after the updated Terms take effect, you will be deemed to have accepted them. If you do not agree, you must stop using SBS and cancel your Account.

20. General

20.1 Assignment

You must not assign, transfer or subcontract any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to another entity (for example if we merge, sell or restructure our business).

20.2 Entire agreement

These Terms, together with any Order Forms, plan descriptions and our Privacy Policy, form the entire agreement between you and SBS in relation to the Services and replace any previous agreements or understandings.

20.3 No waiver

If we delay or fail to enforce a right under these Terms, that does not mean we have waived that right.

20.4 Severability

If any part of these Terms is held invalid or unenforceable, the rest will continue in full force and effect.

20.5 Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales. Both you and SBS agree that the courts of England and Wales will have non-exclusive jurisdiction. This means you may also have the right to bring proceedings in your own country if mandatory local law gives you that right.