Terms of Service

These Terms of Service ("Terms") govern your access to and use of SmartBuild, a business management platform provided by 3E Software Ltd ("we", "us", "our"). By registering for or using SmartBuild, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

SmartBuild is a cloud-based platform that helps trade and construction businesses manage quoting, contracts, client communications, invoicing, AI-generated renders, and marketing automation. The Service is accessible via your web browser at smartbuild.3e-software.com.

2. Your Account

• You must provide accurate, complete registration information and keep it up to date.
• You are responsible for all activity that occurs under your account and for keeping your credentials secure.
• Accounts are associated with a single business ("Tenant"). You may invite staff members, but sharing login credentials between separate individuals is not permitted.
• You must be at least 18 years old and have authority to bind your business to these Terms.

3. Acceptable Use

You may use the Service only for lawful business purposes. You must not:

• Attempt to access accounts, data, or systems that do not belong to your Tenant.
• Upload malware, spam, defamatory content, or material that infringes third-party intellectual property rights.
• Reverse-engineer, scrape, or decompile any part of the Service.
• Use the Service in a way that disrupts, degrades, or impairs it for other users.
• Resell, sublicence, or otherwise commercialise the Service without our written permission.

4. Client Data and Your Responsibilities

You may store personal data about your clients (names, email addresses, phone numbers, property addresses, photos) within the Service. You are the data controller for that information. You are responsible for:

• Ensuring you have a lawful basis under applicable privacy law to collect and process that data.
• Providing your clients with any required privacy notices.
• Honouring any requests from your clients to access, correct, or delete their data.

Our role as data processor is described in our Privacy Policy.

5. AI-Generated Content

SmartBuild uses artificial intelligence to generate design renders, marketing copy, and measurement estimates. AI-generated content is provided as a starting point only. You acknowledge that:

• AI outputs may be inaccurate, incomplete, or unsuitable for your specific situation.
• You are responsible for reviewing and approving all AI-generated content before sharing it with clients or publishing it publicly.
• We do not guarantee the quality, accuracy, or fitness for purpose of any AI-generated content.

6. Social Media Integrations

When you connect your social media accounts (TikTok, Facebook, Instagram, and others) to SmartBuild, you authorise us to post content to those accounts on your explicit instruction. We do not post automatically — all posts require your approval through the platform. You are solely responsible for:

• The content you publish via connected accounts.
• Compliance with the terms of service of each connected social media platform.
• Any applicable advertising standards, consumer law, or platform-specific requirements.

7. Third-Party Services

The Service integrates with third-party providers including payment processors (Stripe), accounting systems (Xero), email delivery (SendGrid), and AI services (OpenAI, Replicate). Use of these third-party services is subject to their respective terms and privacy policies. We are not liable for the acts or omissions of third-party providers.

8. Intellectual Property

You retain ownership of all data, content, and materials you upload to the Service. By uploading content, you grant us a limited, non-exclusive licence to host, process, and display your content as necessary to provide the Service.

We retain ownership of the SmartBuild platform, its code, design, branding, and all associated intellectual property. Nothing in these Terms transfers any IP rights to you.

9. Fees and Payment

Subscription fees, billing cycles, and payment terms are set out in your subscription agreement or displayed within the application. Fees are charged in advance. We may update our pricing with 30 days' notice to your registered email address. Continued use after the notice period constitutes acceptance of the new pricing.

Fees are non-refundable except as required by applicable consumer protection law or as stated in your subscription agreement.

10. Service Availability and Support

We aim for high availability but do not guarantee uninterrupted or error-free access to the Service. Planned maintenance will be communicated in advance where practicable. Support is provided via the in-app contact form or email during business hours (New Zealand Time).

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will meet your specific requirements or that it will be error-free.

12. Limitation of Liability

To the maximum extent permitted by New Zealand law, our total aggregate liability to you for any claim arising from or related to the Service will not exceed the total subscription fees you paid to us in the 12 months immediately preceding the claim. In no event will we be liable for:

• Loss of data, loss of profits, loss of revenue, or loss of business opportunity.
• Indirect, incidental, special, consequential, or punitive damages.
• Losses arising from your reliance on AI-generated content or third-party services.

13. Indemnification

You agree to indemnify and hold harmless 3E Software Ltd and its directors, employees, and agents from any claim, liability, loss, or expense (including legal fees) arising from your use of the Service, your breach of these Terms, or your violation of any applicable law.

14. Termination

You may cancel your subscription at any time via the in-app settings or by contacting us. We may suspend or terminate your access immediately if you materially breach these Terms, or with 30 days' notice for any other reason. On termination, your data will be retained for 30 days to allow you to export it, after which it will be deleted.

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified by email or in-app notification at least 14 days before taking effect. Your continued use of the Service after that date constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the New Zealand courts.

17. Contact

If you have any questions about these Terms, please contact us at contact-us@3e-software.com or write to us at 3E Software Ltd, New Zealand.