Terms of Service

1. Company Information

2. Acceptance of Terms

By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the modified Terms.

3. Services Description

smert.ai Limited provides the following services:

• AI Consulting: Artificial intelligence strategy, implementation, and optimization services for enterprises
• Cobotics: Robotic automation solutions for food and beverage service, including coffee, wine, cocktails, pizza, and more
• Franchise Opportunities: Franchise partnerships for distribution of our robotics solutions
• Training and Support: Technical training, maintenance, and ongoing support for robotics installations

4. User Obligations

When using our services, you agree to:

• Provide accurate and complete information
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorized access to any part of our services
• Not use our services to transmit harmful or malicious content
• Comply with all applicable laws and regulations

5. Intellectual Property

All content, trademarks, service marks, logos, and other intellectual property displayed on our website and services are the property of smert.ai Limited or our licensors. You may not use, reproduce, distribute, or create derivative works from our intellectual property without our express written permission.

The "smert.ai", "SMERT", and "SMERT Robotics" names, logos, and related marks are trademarks of smert.ai Limited.

6. Confidentiality

Any confidential information shared between parties in connection with our services shall be kept confidential and not disclosed to third parties without prior written consent, except as required by law.

7. Payments and Fees

Fees for our services will be specified in individual contracts or proposals. Unless otherwise agreed:

• All fees are quoted in USD unless otherwise specified
• Payment terms are net 30 days from invoice date
• Late payments may incur interest charges
• All fees are non-refundable unless otherwise stated in the contract

7A. Affiliate Tracking and Cookies

smert.ai Limited uses tracking technologies including cookies, local storage, and device fingerprinting to attribute customer referrals to our marketing partners. By making a purchase through a partner's website where our tracking is installed:

• You consent to the storage of a referral attribution cookie for up to 24 months
• This tracking is used solely for commission attribution and does not track your browsing activity
• You may opt out by clearing browser cookies, though this may affect promotional offers

8. Warranty Disclaimer

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. Any reliance on our services is at your own risk.

9. Limitation of Liability

To the maximum extent permitted by applicable law, smert.ai Limited and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business
• Loss of data or information
• Business interruption
• Any other pecuniary or non-pecuniary loss

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless smert.ai Limited and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to your use of our services or violation of these Terms.

11. Termination

We may suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use our services will immediately cease
• Any outstanding payments will become immediately due
• Provisions that by their nature should survive termination will remain in effect

12. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, or infrastructure failures.

13. Dispute Resolution

Any disputes arising from or related to these Terms shall first be attempted to be resolved through good faith negotiations. If negotiations fail, the dispute shall be submitted to binding arbitration in Hong Kong under the rules of the Hong Kong International Arbitration Centre (HKIAC).

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China. The courts of Hong Kong shall have exclusive jurisdiction over any matters arising from these Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and smert.ai Limited regarding the use of our services and supersede any prior agreements or understandings.

17. Contact Us

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

smert.ai Limited
Email: hello@smertai.com
Phone: +1 (650) 564-3040
Address: Tsim Sha Tsui, Hong Kong