Agreement and Parties
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and MBP Enterprises LTD, a company registered in England and Wales (company number 16058795) with its registered office at 128 City Road, London, EC1V 2NX, United Kingdom ("Company", "we", "us"). Smarteaming is a product of MBP Enterprises LTD. By creating an account or using the Smarteaming service in any way, you confirm that you have read, understood, and agree to be bound by these Terms. If you are agreeing on behalf of an organisation, you represent that you have the authority to bind that organisation.
1. Description of Service
Smarteaming is a workforce scheduling and payroll-assistance service provided as software-as-a-service (SaaS). It allows employers to create work schedules, track shift confirmations, manage team availability, and export payroll data. The service is accessible via the web application at app.smarteaming.com and through our mobile application. The marketing website at smarteaming.com provides information about the service but does not constitute part of the service itself.
2. Account Registration
To use the service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at contact@smarteaming.com if you become aware of any unauthorised use of your account. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.
3. Free Trial
We offer a 90-day free trial starting from the date you create your account. During the trial period, you have access to the full functionality of the service at no charge. No payment information is required to start the trial. At the end of the trial period, you must subscribe to a paid plan to continue using the service. We reserve the right to modify or discontinue the free trial offer at any time. If the trial is modified or discontinued, existing trial accounts will be honoured for their remaining trial period.
4. Subscription and Payment
Smarteaming is billed on a monthly per-user basis. You are charged each month for each team member who has been scheduled during that billing period. Fees are due in advance at the start of each billing cycle. All prices are exclusive of applicable taxes unless stated otherwise. We reserve the right to change our pricing at any time; however, price changes will not apply to your current billing cycle and we will provide at least 30 days' notice before any increase takes effect. Failure to pay may result in suspension or termination of your access to the service.
5. Your Responsibilities
You are solely responsible for: (a) the accuracy and legality of all data you enter into the service, including employee information, schedules, and payroll data; (b) ensuring that your use of the service complies with all applicable employment, labour, tax, and data-protection laws in your jurisdiction; (c) obtaining any necessary consents from your employees or team members before entering their personal data into the service; (d) maintaining adequate records independently of the service. Smarteaming is a scheduling and payroll-assistance tool; it is not a substitute for professional legal, tax, or HR advice. You should verify any outputs of the service (including payroll calculations) before relying on them.
6. Acceptable Use
You agree not to: (a) use the service for any unlawful purpose or in violation of any applicable law; (b) attempt to gain unauthorised access to the service, other accounts, or our systems; (c) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the service; (d) use the service to store or transmit malicious code; (e) interfere with or disrupt the integrity or performance of the service; (f) use automated scripts, bots, or other means to access the service in a manner that exceeds reasonable use; (g) resell, sublicense, or redistribute the service without our prior written consent. We reserve the right to suspend or terminate your account immediately if we reasonably determine that you have violated these provisions.
7. Intellectual Property
All rights, title, and interest in and to the Smarteaming service, including all software, designs, text, graphics, and other content provided by us, remain the exclusive property of MBP Enterprises LTD. These Terms do not grant you any intellectual property rights in the service other than a limited, non-exclusive, non-transferable, revocable licence to use the service in accordance with these Terms. You retain ownership of all data you upload to or create within the service.
8. Service Availability and Downtime
We make commercially reasonable efforts to keep the service available and operational. However, we do not guarantee any specific level of uptime or availability. The service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control (including but not limited to internet failures, hosting-provider outages, natural disasters, or cyberattacks). We will endeavour to provide advance notice of planned maintenance where practicable. In the event of an unplanned outage exceeding 72 consecutive hours, you may request a pro-rata credit for the affected period by contacting contact@smarteaming.com. Such credit shall be your sole and exclusive remedy for any period of unavailability.
9. Limitation of Liability
To the maximum extent permitted by applicable law: (a) MBP Enterprises LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or business interruption, however caused, whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages; (b) our total aggregate liability arising out of or relating to these Terms or your use of the service shall not exceed the total amount you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim; (c) we are not liable for any losses, damages, or costs arising from the inaccuracy of data you or your team members enter into the service, errors in payroll calculations resulting from incorrect input data, your failure to comply with applicable employment or tax laws, reliance on the service as a sole record-keeping system, or actions taken or not taken based on outputs of the service. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
10. Indemnification
You agree to indemnify, defend, and hold harmless MBP Enterprises LTD, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of or inability to use the service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any data or content you submit to or through the service; (e) any claim by a third party (including your employees) relating to data you have entered into the service.
11. Data and Privacy
Your use of the service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the service, you acknowledge that you have read and understood our Privacy Policy. Where you enter personal data of third parties (such as your employees) into the service, you act as a data controller and we act as a data processor. You are responsible for ensuring that you have a lawful basis for processing that data and that the individuals concerned have been informed in accordance with applicable data-protection law.
12. Termination
You may cancel your subscription and close your account at any time by contacting us at contact@smarteaming.com. Cancellation takes effect at the end of the current billing period; no partial refunds are given for unused time within a billing cycle. We may suspend or terminate your access to the service immediately and without notice if: (a) you breach any provision of these Terms; (b) you fail to pay any amount due; (c) we are required to do so by law; or (d) we reasonably determine that your continued use poses a risk to the service or other users. Upon termination, your right to use the service ceases immediately. We may delete your data in accordance with our Privacy Policy and data-retention schedule.
13. Disclaimers
The service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any outputs generated by the service, including payroll calculations, schedule summaries, or reports. You acknowledge that no software is entirely free of defects and agree that the existence of minor defects shall not constitute a breach of these Terms.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.
15. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and notify you by email or through the application at least 30 days before the changes take effect. Your continued use of the service after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the service and cancel your subscription before the changes take effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and MBP Enterprises LTD regarding your use of the Smarteaming service. They supersede all prior agreements, representations, and understandings, whether written or oral. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision.
17. Contact
If you have any questions about these Terms, please contact us at: MBP Enterprises LTD, 128 City Road, London, EC1V 2NX, United Kingdom. Email: contact@smarteaming.com.