Terms of Service

These Terms of Service (the “Terms”) are a binding contract between you and SmartOrderCapture, the business operating the smartordercapture.com website and the SmartOrderCapture Android application (“SmartOrderCapture”, “we”, “us” or “our”). They govern your access to and use of the website at smartordercapture.com, the SmartOrderCapture Android application, our APIs, the template marketplace, and everything else we make available (together, the “Service”).

By creating an account, installing the application, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The following documents are incorporated into these Terms by reference and form part of this contract. Where a conflict exists, these Terms control, except that the Privacy Policy controls on the handling of personal information:

• The Acceptable Use Policy
• The Privacy Policy and the Cookie Policy
• The Refund and Cancellation Policy
• The Copyright and DMCA Policy

You must be at least 18 years old, or the age of legal majority where you live, to enter into these Terms and to hold a paid plan. If you are between 13 and 18, you may use the Service only with the involvement and consent of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use. The Service is not directed to, and may not be used by, anyone under 13.

You must provide accurate registration information and keep it current. You are responsible for all activity under your account, including activity by anyone you give access to. Keep your credentials confidential, enable two-factor authentication, and tell us at security@smartordercapture.com immediately if you suspect unauthorised access.

If you create an account on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” means both you and that organisation. An organisation’s administrators can view, modify, transfer and delete workflows and other content in the organisation’s workspace, and can manage members’ access to it.

You may not use the Service if you are barred from doing so under applicable law, if we have previously terminated your account, or if you are a competitor using it to build a competing product.

SmartOrderCapture has two halves. On the web, you design workflows visually: a trigger, then a sequence of actions. On your Android device, our application executes those workflows locally, using Android system APIs — including the Android Accessibility Service — to perform taps, swipes, text entry and other interactions with apps on your device.

Two consequences follow from that design, and both matter legally:

• You are the operator. A workflow does on your device exactly what you told it to do, acting as you, with your permissions, against apps and accounts that are yours. We do not perform those interactions; your device does, at your instruction.
• We cannot see what your device sees. Screen content read by the Accessibility Service is processed on the device and is not transmitted to us, except for the limited run metadata described in the Privacy Policy and any data an action you configured deliberately sends somewhere.

The Service depends on Android platform behaviour, third-party application interfaces, and device permissions that you grant and can revoke. Any of those can change without notice and break a workflow. Automation of graphical interfaces is inherently brittle; we do not promise that a workflow which works today will work after an operating system update, an app update, or a change to a screen layout.

We may change, add, or remove features. If we discontinue a material feature you are paying for, we will give you at least 30 days’ notice and, on request, refund the unused portion of your prepaid fees. Features marked beta, preview or experimental are provided without any commitment and may be withdrawn at any time.

This section is the heart of the contract. Read it carefully.

You are solely responsible for every workflow you create, install, publish or run, and for all of its consequences. Before you run a workflow, it is your obligation to confirm that it complies with:

• the terms of service, acceptable use rules and automation policies of every third-party application, website or service the workflow touches;
• the terms of any account the workflow acts on, including employer, platform and marketplace accounts;
• all laws that apply to you, including those governing computer access, telephone and text messaging, consumer protection, employment, privacy and data protection; and
• our Acceptable Use Policy.

You must not use the Service in any circumstance where failure, delay or a mistaken interaction could lead to death, personal injury, or serious physical, environmental or financial harm. That includes medical devices and treatment, emergency services and alerting, vehicle or machinery control, life support, aviation, navigation, and the operation of critical infrastructure. Do not use it as the only mechanism for anything time-critical or irreversible.

You are responsible for the accuracy and consequences of destructive actions — sending messages, making purchases, transferring funds, deleting data, or accepting offers — that a workflow performs on your behalf. Test with harmless actions first.

If you use the Service on a device you do not own, or on an account belonging to another person or an employer, you represent that you have their documented authorisation to do so.

Your use of the Service must comply with the Acceptable Use Policy, which forms part of these Terms and lists what you may not build, publish or run.

We maintain a denylist of application package names that workflows may not target. The denylist is compiled into the Android application and enforced on the device, and is mirrored server-side so that offending workflows are rejected before they sync or publish. Categories currently include gig-economy and delivery-dispatch applications, ticketing applications, and advertising SDKs. See the denylist reference for the current list.

Attempting to defeat the denylist, the kill switch, rate limits or any other technical enforcement measure is itself a material breach of these Terms.

Where we reasonably believe a workflow, template or account violates these Terms, the Acceptable Use Policy or the law, or creates risk to other users, to a third party or to us, we may, with or without prior notice: disable a specific workflow (a kill switch), remove or unpublish a template, restrict marketplace access, suspend or terminate the account, withhold marketplace payouts pending investigation, and report the matter to law enforcement or an affected platform. We will use notice and a narrower measure where circumstances reasonably allow it, and will tell you what happened unless we are legally prohibited from doing so or notice would defeat the purpose.

Anyone may report abuse via our abuse form or at abuse@smartordercapture.com.

“Your Content” means everything you put into the Service: workflows and their definitions, names and descriptions, templates you publish, ratings and reviews, support messages, and any other material you submit.

As between you and us, you own Your Content. We claim no ownership in it. You represent that you have all rights necessary to submit it and that it does not infringe anyone else’s rights.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display and create derived technical copies of Your Content solely to operate, secure, support and improve the Service for you — including syncing it to your devices, backing it up, and reviewing it where our moderation, security or abuse processes require. This licence ends when you delete the content or close your account, except for copies retained in backups for the periods described in the Privacy Policy, and except for content you published to the marketplace, as set out in Section 7.

If you send us feedback, suggestions or feature ideas, you grant us an unrestricted, perpetual, irrevocable, royalty-free licence to use them for any purpose without attribution or compensation. Please do not send us anything you consider confidential.

The marketplace lets users publish workflow templates for others to install, free or for a fee. If you publish a template, you are a “Creator” and the following applies in addition to the rest of these Terms.

Creator obligations

• You grant each user who installs your template a non-exclusive, worldwide, perpetual licence to use and modify it for their own purposes, and you grant us the licence necessary to host, display, distribute, promote and deliver it.
• You must have the right to publish everything in the template, including any text, names, icons and third-party material it contains.
• You must describe accurately what the template does, which applications it targets, and what permissions or accounts it requires. You must not publish a template designed to circumvent the denylist or the Acceptable Use Policy.
• You are responsible for supporting your template and for any tax arising from your earnings.

Fees, payouts and pricing

For paid templates, the revenue share is 70% to the Creator and 30% to us, calculated on the amount actually received after payment-processing fees, refunds, chargebacks and taxes. Payouts are made through our payment processor, are subject to its identity, tax and sanctions-screening requirements, and may be delayed or withheld where a template is under investigation or subject to a dispute. Chargebacks and refunds are deducted from current or future payouts.

Moderation and the “verified safe” marker

We may review, reject, unpublish or remove any template at our discretion. A template marked verified safe has passed an automated and, in some cases, manual check against our denylist and static rules. That marker is not a warranty, a certification, or advice: it does not mean a template is lawful for you to run, permitted by the applications it targets, or suitable for your device.

The Free plan permits up to 3 workflows. Pro is $9 per month. Team is $29 per user per month. Current plan features and prices are shown on the pricing page, which is part of these Terms.

Fees are stated and charged in US dollars, are billed in advance for each billing period, and are exclusive of taxes. You are responsible for all sales, use, VAT, GST and similar taxes, which we or our payment processor may collect and remit where required. You are also responsible for any bank, card or currency-conversion charges.

Payments are processed by Stripe. We do not receive or store your full card number. Your use of Stripe’s checkout is also subject to Stripe’s own terms and privacy notice. You authorise us and Stripe to charge your payment method for all amounts due, including on each renewal.

You must keep a valid payment method on file while you hold a paid plan. If a charge fails, we may retry it, and we may downgrade or suspend paid features after a reasonable period. Amounts more than 30 days overdue may accrue interest at 1.5% per month or the maximum rate permitted by Florida law, whichever is lower, plus reasonable collection costs.

We may change prices. A price change takes effect at your next renewal after at least 30 days’ notice to you, and you may cancel before it takes effect. Downgrading to Free while you hold more than 3 workflows does not delete your workflows, but only 3 of them will remain enabled.

Full terms — including the 14-day money-back window on a first paid charge, the 48-hour window on marketplace purchases, the renewal reminders we send, and how to request a refund — are in the Refund and Cancellation Policy, which forms part of these Terms.

Except as stated in that policy or as required by law, fees are non-refundable and there are no credits for partial periods, unused workflows, or downtime.

The Service, including the website, the Android application, the workflow engine, the visual builder, our documentation, and the SmartOrderCapture name and logo, is owned by us and our licensors and is protected by copyright, trademark and other laws. These Terms grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Service, and to install and run the application on devices you control, solely in accordance with these Terms and for the term of your account.

You may not, and may not permit anyone else to:

• copy, modify, translate or create derivative works of the Service, except as expressly permitted for open-source components under their own licences;
• reverse engineer, decompile or disassemble any part of the Service, except to the limited extent that applicable law expressly permits it despite this restriction;
• resell, sublicense, rent, lease, or provide the Service to third parties as a service bureau, or use it to build a competing product;
• remove or obscure proprietary notices, or use our name, logo or branding without our written permission, other than accurate nominative references;
• access the Service by automated means beyond documented API use, circumvent rate limits or access controls, or probe, scan or test the vulnerability of our systems except as permitted by our security policy; or
• use the Service, or its outputs, to train a competing machine-learning model.

All rights not expressly granted are reserved. Copyright complaints are handled under the Copyright and DMCA Policy.

The Service interoperates with software and services we do not control: the applications your workflows target, the Android operating system, endpoints your HTTP actions call, storage you configure, and the app stores through which you obtain our application. We do not endorse them, we are not responsible for them, and their availability and behaviour are outside our control. Your use of them is governed by their own terms.

If you install the Android application from Google Play, Google’s terms also apply to that distribution, and Google is not responsible for the application or for support of it. If you install it directly as an APK, you are responsible for enabling installation from unknown sources on your device and for verifying that you obtained the file from us. We are not responsible for builds distributed by anyone else.

The application requires permissions — including Accessibility Service access — that give it significant capability on your device. You grant those permissions yourself, in Android’s settings, and you can revoke them at any time. Revoking them will stop workflows from running.

Our handling of personal information is described in the Privacy Policy. By using the Service you acknowledge that handling.

You consent to receive communications from us electronically — by email, and in the application — and you agree that electronic communications, agreements and notices satisfy any legal requirement that they be in writing. You may withdraw consent to non-essential marketing email at any time via the unsubscribe link, but transactional messages about your account, security, billing and material changes to these Terms are part of the Service and cannot be switched off while you hold an account.

These Terms apply from your first use of the Service until terminated. You may terminate at any time by cancelling your plan and deleting your account from Settings.

We may suspend or terminate your access, in whole or in part, if: you materially breach these Terms or the Acceptable Use Policy; your use creates a security, legal or operational risk; we are required to do so by law; you fail to pay amounts due; or, on at least 30 days’ notice, we discontinue the Service or your plan generally. Where the breach is curable and the risk allows, we will give you notice and a reasonable opportunity to fix it.

On termination: your licence to the Service ends; workflows stop syncing; and we delete or de-identify your data as described in the Privacy Policy. Export anything you want to keep before you close your account. If we terminate for our own convenience, or you terminate for our uncured material breach, we will refund the unused portion of any prepaid fees. No refund is due where we terminate for your breach.

Sections 4, 6, 7 (as to accrued obligations), 8, 10, 15 through 22 and any other provision that by its nature should survive, survive termination.

We aim to keep the Service available, but we do not commit to a specific uptime level unless we have signed a separate written agreement with you that says otherwise. We perform maintenance, sometimes without notice where it is urgent, and cloud features depend on providers we do not control.

Workflows already synced to your device continue to run locally when our cloud is unavailable or your device is offline. Features that require the cloud — syncing, run history upload, the marketplace, cloud-triggered runs — do not.

Support is provided at the level described on the pricing page for your plan. Response targets stated there are goals, not guarantees, and are not service-level commitments carrying credits.

Without limiting that, we do not warrant that:

• the Service will be uninterrupted, timely, secure, or free of errors, defects or malicious code;
• a workflow will trigger, will execute correctly, will execute at the intended moment, or will continue to work after an update to Android, to a targeted application, or to a screen layout;
• automating any particular application is lawful, permitted by that application’s terms, or free of consequences for your account with that provider; or
• any template, including one marked verified safe, is accurate, suitable, safe or fit for your purpose.

No advice or information, whether oral or written, obtained from us creates any warranty not expressly stated here. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you; in that case those warranties are limited to the minimum period and extent permitted by law.

You acknowledge that automating a graphical interface can produce unintended results: an action can land on the wrong control, run at the wrong time, repeat, or operate on data you did not intend. You knowingly assume the risks of using the Service, including loss of data, unintended messages, purchases or transfers, unintended changes to device settings, battery and data consumption, and suspension or termination of your accounts with third parties whose terms prohibit automation.

You are responsible for maintaining independent backups of anything a workflow could alter or destroy.

These limits apply to all theories of liability — contract, tort including negligence, strict liability, statute or otherwise — and apply to us, our affiliates, and our respective officers, employees, agents and suppliers. They do not apply to liability that cannot be limited by law, including liability for fraud, fraudulent misrepresentation, gross negligence or wilful misconduct, or death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

The parties agree that these limits are an essential basis of the bargain: the fees for the Service are set on the assumption that liability is limited in this way.

You will defend, indemnify and hold harmless SmartOrderCapture, its affiliates, and their respective officers, directors, employees and agents from and against any third-party claim, demand, action or proceeding, and all resulting losses, damages, liabilities, settlements, fines, costs and reasonable legal fees, arising out of or relating to:

• your use of the Service, including anything a workflow you ran did;
• Your Content, including any template you publish;
• your breach of these Terms, the Acceptable Use Policy, or any applicable law; or
• your violation of the rights of a third party, including a third party whose terms of service prohibited the automation you performed.

We will notify you promptly of any claim, give you control of the defence (except that you may not settle in a way that imposes any obligation or admission on us without our written consent), and cooperate reasonably at your expense. We may participate with our own counsel at our own cost.

Informal resolution first

Before starting an arbitration or a lawsuit, you agree to try to resolve the dispute informally. Send a written notice to legal@smartordercapture.com describing the dispute, the relief you seek, and your account email. We will do the same to the email on your account. Both parties agree to negotiate in good faith for 60 days from the notice. This step is a condition precedent to filing, and it tolls any applicable limitations period. Either party may seek individual relief in small-claims court without completing it.

Agreement to arbitrate

If the dispute is not resolved, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service — including its formation, interpretation, breach, termination, validity or enforceability — will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Arbitration will be conducted in English, by a single arbitrator, and — unless you and we agree otherwise — by document submission, telephone or video where the rules permit, and otherwise in the State of Florida or, at your election, the county where you live. The arbitrator may award any relief a court could award to that individual party, must apply these Terms, and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, not a court, decides questions of arbitrability, except as stated below for the class-action waiver.

We will pay the arbitration filing, administration and arbitrator fees that exceed what you would have paid to file the same claim in court, unless the arbitrator determines your claim was frivolous or brought for an improper purpose. Each party otherwise bears its own legal fees, unless the arbitrator awards them under a statute that provides for them.

Exceptions

• Either party may bring an individual claim in small-claims court.
• Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement or misuse of intellectual property, or unauthorised access to systems or data.

Class-action and jury-trial waiver

If this waiver is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed and heard in court in the state and federal courts located in the State of Florida, and the rest will proceed in arbitration. If the waiver is found unenforceable in its entirety, the entire agreement to arbitrate is void, and disputes will be resolved in the courts identified in Section 21. The enforceability of this waiver is decided by a court, not the arbitrator.

Mass filings

If 25 or more similar claims are asserted against us by or with the coordination of the same or coordinated counsel, the parties agree the claims will be administered in sequential batches of no more than 50, with a single arbitrator per batch, and the limitations period is tolled for claims awaiting a batch.

How to opt out

You may reject this arbitration agreement by sending written notice to legal@smartordercapture.com with the subject “Arbitration Opt-Out”, including your name and account email, within 30 days of first accepting these Terms. Opting out affects nothing else in these Terms, and we will not retaliate for it. If you opt out, disputes are resolved under Section 21.

This section survives termination of your account and of these Terms. If we materially change this section, the change applies only to claims arising after its effective date, and you get a new opt-out window.

To the maximum extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within 1 year after the claim arose, or it is permanently barred. This does not apply where the applicable law prohibits shortening the limitations period.

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration under Section 19, you and we submit to the exclusive jurisdiction of the state and federal courts located in the State of Florida, and waive any objection to venue or forum non conveniens there.

If you are a consumer resident in a jurisdiction whose law grants you mandatory protections or a mandatory forum that cannot be waived by contract, nothing in this section deprives you of them.

Changes to these Terms

We may update these Terms. For material changes, we will give at least 30 days’ notice by email to your account address or by a prominent notice in the Service before they take effect, and we will update the “Last updated” date above. Changes are not retroactive. If you do not agree to a change, your remedy is to stop using the Service and cancel before the change takes effect; continuing to use it afterwards means you accept it.

Notices

We give you notice by email to the address on your account, or in the Service. You give us notice by email to legal@smartordercapture.com. Legal process and formal legal notices must also be sent to the postal address below. Notice is effective on the day it is sent by email, or three business days after posting.

Export controls and sanctions

You represent that you are not located in, and are not a national or resident of, a country subject to comprehensive US sanctions, and that you are not on any US government restricted-party list. You will not use or export the Service in violation of US export control or sanctions laws.

Force majeure

Neither party is liable for a failure or delay caused by events beyond its reasonable control, including acts of God, natural disaster, hurricane, war, terrorism, labour dispute, government action, internet or utility failure, or the failure of a third-party provider. Payment obligations are not excused.

Assignment

You may not assign or transfer these Terms without our written consent; any attempt to do so is void. We may assign them to an affiliate or in connection with a merger, acquisition, reorganisation or sale of assets, on notice to you.

Severability, waiver, entire agreement

If a provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remainder stays in force. A failure to enforce a provision is not a waiver of it. These Terms, with the documents incorporated by reference, are the entire agreement between you and us about the Service and supersede all prior understandings. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship, and there are no third-party beneficiaries other than our affiliates and the indemnified parties named in Section 18. Headings are for convenience only.

US government users

The Service is a “commercial product” consisting of “commercial computer software” under FAR 12.212 and DFARS 227.7202. US government users acquire only the rights granted to all other users.

For questions about these Terms, write to legal@smartordercapture.com. For help with your account, write to support@smartordercapture.com.

Formal legal notices must be sent to: