By accessing or using the website, products, or services of Smartway Digital ('we', 'us', 'our'), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Services. These terms apply to all visitors, users, and others who access or use our Services.

Smartway Digital provides the following technology services:

• Web design and development (corporate, e-commerce, institutional, portfolio sites)
• Digital business card solutions with QR code, link, and NFC sharing
• WhatsApp Survey services for customer feedback and data collection
• Domain registration and web hosting services
• IT consultancy and digital transformation advisory
• System development and custom software solutions

We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice.

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your password and account credentials
• Promptly update your account information to keep it accurate
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these terms.

You agree not to use our Services to:

• Violate any applicable local, national, or international law or regulation
• Infringe upon the intellectual property rights of others
• Transmit any harmful, threatening, defamatory, obscene, or otherwise objectionable content
• Interfere with or disrupt the integrity or performance of our Services
• Attempt to gain unauthorized access to our systems or user accounts
• Use our Services for fraudulent purposes or to distribute malware
• Harvest or collect personal data about other users without their consent
• Send unsolicited communications, spam, or bulk messages

All content, designs, logos, software, and materials provided by Smartway Digital are protected by copyright, trademark, and other intellectual property laws. This includes but is not limited to:

• The Smartway Digital name, logo, and branding
• Website designs, layouts, and user interfaces
• Software code, algorithms, and proprietary technology
• Documentation, marketing materials, and written content

You are granted a limited, non-exclusive, non-transferable license to use our Services for their intended purpose. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

For our web development and digital business card services:

• You retain ownership of all content, images, text, and materials you provide to us
• You grant us a license to use your content solely for the purpose of delivering our Services
• You warrant that you have the right to use and share all content you provide
• You are responsible for ensuring your content does not violate third-party rights

Upon project completion and full payment, ownership of the final deliverables transfers to you as specified in your service agreement.

For paid Services, the following terms apply:

• All fees are quoted in Tanzanian Shillings (TZS) unless otherwise stated
• Payment terms are specified in your service agreement or invoice
• A deposit may be required before work begins on custom projects
• Recurring services (hosting, subscriptions) are billed according to the selected plan
• Late payments may result in service suspension and applicable late fees
• All payments are non-refundable unless otherwise agreed in writing

For hosting and managed services:

• We target 99.9% uptime for our hosting services
• Scheduled maintenance may require brief service interruptions
• We will provide advance notice of scheduled maintenance when possible
• Force majeure events (natural disasters, internet outages, etc.) are excluded from uptime guarantees
• Support response times vary by service tier as specified in your agreement

To the maximum extent permitted by law:

• Smartway Digital shall not be liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount you paid for the Services in the 12 months preceding the claim
• We are not responsible for third-party services, integrations, or platforms
• We do not guarantee that our Services will be error-free or uninterrupted
• You use our Services at your own risk

You agree to indemnify, defend, and hold harmless Smartway Digital, its directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from your use of our Services, your violation of these Terms, or your infringement of any third-party rights.

We may terminate or suspend your access to our Services immediately, without prior notice, for:

• Violation of these Terms of Service
• Non-payment of fees when due
• Engaging in fraudulent or illegal activities
• Conduct that harms our reputation or other users

Upon termination, your right to use our Services ceases immediately. Provisions regarding intellectual property, limitation of liability, and indemnification survive termination.

These Terms are governed by the laws of the United Republic of Tanzania. Any dispute arising from these Terms shall be resolved as follows:

• Parties shall first attempt to resolve disputes through good-faith negotiation
• If negotiation fails, disputes shall be submitted to mediation under Tanzanian law
• If mediation fails, disputes shall be resolved by the courts of Tanzania
• The prevailing party shall be entitled to recover reasonable legal costs

Our Services may integrate with or link to third-party platforms, including:

• WhatsApp Business API (Meta Platforms, Inc.)
• Payment processors and financial institutions
• Cloud hosting and infrastructure providers
• Analytics and marketing tools
• Social media platforms

Your use of third-party services is subject to their respective terms and policies. We are not responsible for the content, privacy practices, or availability of third-party services.

We may update these Terms of Service from time to time. Material changes will be posted on this page with an updated effective date. Continued use of our Services after changes constitutes acceptance of the revised terms. We encourage you to review these terms periodically.