Legal

Terms of Service

Clear, fair terms that protect both of us. EU-compliant, straightforward, no hidden clauses.

Last updated: August 13, 2026 • EU-Focused

AcceptanceServicesIP RightsData ProcessingLiabilityDisputes

1. Acceptance of Terms

By accessing or using SmartAutomateFlow's website and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms apply to all visitors, users, clients, and partners
Using our services constitutes acceptance of these Terms
We may update these Terms; continued use means acceptance of changes
If you disagree, please discontinue use immediately

2. Service Description

SmartAutomateFlow provides automation consulting and engineering services using a Forward Deploy Engineer (FDE) model. We are not a SaaS provider — each engagement is tailored to your specific needs.

Business process automation design and implementation
Custom software development and integration
Infrastructure and DevOps consulting (AWS, GCP, Azure)
System integration and API development
Technology consulting and architecture reviews
AI and intelligent automation solutions
Ongoing technical support and maintenance

📌 Note: Specific deliverables, scope, and pricing for each engagement will be outlined in a separate Statement of Work (SOW) or service agreement.

3. Engagement and Payment

Our engagement model is designed to be flexible and transparent.

All fees, payment terms, and schedules specified in individual SOWs or contracts
Expenses (if applicable) require pre-approval and separate documentation
We reserve the right to modify pricing for future engagements with prior notice
Late payments may incur interest per applicable law
Taxes and duties are your responsibility unless stated otherwise

4. Acceptable Use Policy

When using our Services, you agree NOT to:

Prohibited Actions:

  • ✗Use our services for any illegal purpose or jurisdiction where prohibited
  • ✗Reverse engineer, decompile, or attempt to extract source code from deliverables (unless explicitly licensed)
  • ✗Resell, redistribute, or sublicense our services without written consent
  • ✗Use our systems to transmit malware, viruses, or harmful code
  • ✗Impersonate us or misrepresent your relationship with SmartAutomateFlow
  • ✗Interfere with service availability or security measures
  • ✗Collect or harvest user data from our platforms without consent
  • ✗Attempt to gain unauthorized access to any system or data

📌 Note: We reserve the right to suspend or terminate services for violations.

5. Intellectual Property Rights

Clear IP ownership protects both parties:

Your Data & Processes

You retain full ownership of all data, business processes, domain knowledge, and confidential information you provide.

Custom Deliverables

Upon full payment, custom code, configurations, and documentation created specifically for you become your property with a perpetual license.

Our Frameworks & Tools

Our proprietary methodologies, frameworks, reusable components, and general know-how remain our intellectual property.

License Grant

You receive a non-exclusive, perpetual license to use deliverables for your intended business purposes.

6. Confidentiality

Both parties agree to maintain confidentiality:

Confidential information includes business plans, technical data, financial information, and anything marked confidential
Obligation survives termination of services for three (3) years
Required disclosures allowed only under legal obligation (with prior notice if possible)
Separate NDA available for engagements involving sensitive information
Return or destroy confidential material upon request after termination

7. Data Processing (GDPR Compliant)

As we may process personal data on your behalf:

Controller vs Processor

You are typically the Data Controller; we act as Data Processor when handling personal data as part of services.

Processing Activities

Limited to what's necessary for service delivery, as outlined in the SOW or DPA.

Security Measures

We implement appropriate technical and organizational security measures per GDPR Article 32.

Sub-processors

Any sub-processors (cloud providers, tools) are vetted and contractually bound to protect data.

Breach Notification

We notify you within 72 hours of becoming aware of any personal data breach.

Data Subject Rights

We assist you in responding to data subject requests (access, erasure, portability).

📌 Note: A detailed Data Processing Agreement (DPA) can be executed upon request.

8. No Guaranteed Outcomes

While we strive for excellence, we provide honest expectations:

We do not guarantee specific business outcomes (revenue increases, cost savings, etc.)
Results depend on factors beyond our control: team adoption, infrastructure, market conditions
Estimates provided are good-faith projections based on experience, not promises
We commit to our process quality, not specific metric achievements
If we believe goals are unrealistic, we'll tell you upfront

9. Limitation of Liability

To the maximum extent permitted by law:

  • Total liability shall not exceed fees paid in the 3 months preceding the claim
  • We're not liable for indirect, incidental, special, consequential, or punitive damages
  • Not liable for losses from inaccurate information you provide
  • Not liable for third-party services or integrations beyond our direct control
  • Not liable for failures caused by your team's actions or omissions
  • Some jurisdictions don't allow exclusions; this limit applies where permitted

10. Warranty & Disclaimers

What We Warranty

  • Deliverables will be professionally developed per SOW specifications
  • Code follows industry best practices and security standards
  • We'll fix bugs reported within the warranty period at no cost
  • Services performed with reasonable care and skill

What's Excluded

  • No warranty for modifications made by others after delivery
  • No warranty for issues caused by your infrastructure or actions
  • No warranty for third-party software or services we integrate
  • "AS IS" for any materials provided without specific warranty

11. Termination

Either party may terminate under these conditions:

By You (Client)

Written notice per contract terms (typically 30 days); payment for work completed through termination date

By Us (SmartAutomateFlow)

Material breach uncured after reasonable notice; failure to pay invoices when due; or for convenience with notice per contract

Immediate Termination

Either party may terminate immediately if the other breaches confidentiality, becomes insolvent, or acts illegally

Post-Termination

Confidentiality and IP provisions survive; final payment due; return of materials as agreed

12. Indemnification

Each party agrees to indemnify the other for:

Claims arising from indemnifying party's negligence or breach of these Terms
Claims arising from indemnifying party's violation of third-party rights
Intellectual property infringement claims related to materials provided by indemnifying party
Reasonable attorney fees and costs in defending such claims
Prompt written notification required; sole control of defense (with cooperation)

13. Dispute Resolution (EU-Friendly)

We prefer amicable resolution over litigation:

3

1. Good Faith Negotiation

30 days

Parties attempt to resolve disputes through direct discussion in good faith

A

2. Mediation

Additional 30 days

If negotiation fails, parties engage an independent mediator (EU-based if possible)

P

3. Arbitration (Optional)

Per arbitration rules

Binding arbitration under ICC Rules (or equivalent); single arbitrator; language: English

N

4. Courts (Last Resort)

N/A

Courts of Ireland have exclusive jurisdiction; EU consumer protections apply where relevant

📌 Note: During dispute resolution, both parties continue performing unaffected obligations.

14. Force Majeure

Neither party liable for delays/failures caused by events beyond reasonable control:

⚡Natural disasters (earthquakes, floods, hurricanes, pandemics)
⚡Government actions (laws, regulations, orders, restrictions)
⚡War, terrorism, civil unrest
⚡Internet infrastructure failures (beyond our direct control)
⚡Power outages, utility disruptions
⚡Strikes or labor disputes (not involving either party directly)

📌 Note: Affected party must notify promptly; reasonable extension of time granted; if event exceeds 60 days, either party may terminate.

15. Governing Law & Jurisdiction

Governing Law

These Terms governed by laws of Ireland, without conflict of laws principles

Jurisdiction

Courts of Ireland have exclusive jurisdiction; proper venue: Irish courts

EU Consumer Rights

For EU consumers, mandatory consumer protection laws of your country of residence apply

BREXIT Note

UK clients: UK-EU Trade Agreement provisions may affect data transfer and jurisdiction

Language

English language version prevails; translations available upon request

16. General Provisions

Severability

If any provision unenforceable, remainder remains in effect; replace with closest valid provision

Assignment

Neither party may assign rights/obligations without written consent (except to affiliates/acquirers)

Amendments

These Terms only modified by written agreement signed by both parties; website updates notified via email

Waiver

Failure to enforce provision doesn't constitute waiver; waivers must be explicit and written

Entire Agreement

These Terms + SOW + DPA + NDA constitute entire agreement; supersedes prior agreements

Notices

Legal notices sent to emails in contact section or registered addresses; deemed received after 3 business days

Questions About These Terms?

Our legal team is happy to clarify anything before you engage with us.

Legal Inquiries

Enquiry@smartautomateflow.com

General Questions

Enquiry@smartautomateflow.com
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