1. Who we are and acceptance
These Terms of Service govern the purchase and use of the Smartfy Cloud services, a brand operated by [Legal name], a Brazilian company registered under CNPJ [CNPJ], headquartered at [full address] ("Smartfy", "we").
By subscribing to any plan, creating an account or using the services, you ("Customer") confirm you have read and accepted these Terms, the Privacy Policy and the Service Level Agreement (SLA). If you subscribe on behalf of a company, you confirm you are authorized to bind it.
2. The services
Smartfy offers managed infrastructure in two tracks:
- Laravel hosting: server provisioning and management, automated deploys (CI/CD), database, cache, queues, SSL certificates, backups, monitoring and observability, according to the subscribed plan.
- BI Metabase: a managed Metabase instance connected to the Customer's data sources, with backups and monitoring, according to the subscribed plan.
Each plan includes the features listed on the pricing page at the time of purchase. Add-ons are purchased separately. Enterprise plans follow a specific proposal and contract, which prevail over these Terms where they differ.
Smartfy is responsible for the infrastructure. Source code, business logic, content and application data are the Customer's responsibility.
3. Plans, pricing and payment
- Billing is monthly, in advance and recurring, on the credit card provided at checkout, processed by Stripe. Smartfy does not store card data.
- The cycle starts on the date of the first charge and renews automatically until cancelled.
- Prices may change with at least 30 days' notice by email. The new price applies from the cycle following the end of the notice period.
- Plan changes (upgrade or downgrade) take effect on the next cycle, unless otherwise agreed with our team.
- Customers outside Brazil are responsible for any local taxes applicable in their jurisdiction.
4. Invoices
An invoice is issued for every charge, using the billing details provided by the Customer, who is responsible for their accuracy.
5. Cancellation and refunds
- There is no lock-in. The Customer may cancel anytime through the subscription portal or by emailing support.
- Cancellation stops future charges. The service remains active until the end of the cycle already paid, with no prorated refund for the remaining days.
- Where consumer protection law grants a right of withdrawal, it is fully respected. For consumers in Brazil, this means a full refund if requested within 7 calendar days of the first charge.
6. Non-payment and suspension
If a charge fails, we notify the Customer by email and Stripe retries the payment. After 10 days overdue, the service may be suspended, with prior notice. Data is preserved during suspension for the period set out in section 11.
We may also suspend the service immediately, notifying the Customer, in case of a serious breach of section 7 or a security risk to the infrastructure or third parties.
7. Customer responsibilities and acceptable use
The Customer agrees to:
- keep credentials confidential and report any unauthorized access immediately;
- comply with applicable law, including data protection law, for the data processed by their application;
- not use the services for: spam; phishing or fraud; malware distribution; cryptocurrency mining; attacks, scans or penetration tests against third parties; hosting illegal content or content that infringes third-party rights;
- not consume resources in a way that harms the stability of shared infrastructure, where applicable.
8. Data, backups and security
Data stored by the Customer belongs to the Customer. For that data, Smartfy acts as a processor, handling it only to provide the service and under the Customer's instructions.
We run backups according to the subscribed plan and apply reasonable technical security measures. Backups reduce risk but do not eliminate it. We recommend the Customer keeps their own copies of critical data, especially on plans without tested restores or off-site backup.
9. Availability and SLA
Availability targets, support response times and service credits are set out in the SLA, which is part of these Terms. SLA credits are the exclusive remedy for unavailability.
10. Support
Support is provided through the channels of the subscribed plan (email, priority support, chat or dedicated support), in English or Portuguese. Contact: [email protected].
Support covers the infrastructure managed by Smartfy. Application code changes, consulting and development can be purchased separately.
11. Termination and data deletion
After cancellation or termination for non-payment, we keep the Customer's data and backups for 30 days. During this period the Customer may request an export. After that, data is permanently deleted, unless the law requires us to keep it.
12. Limitation of liability
To the maximum extent permitted by law, Smartfy is not liable for lost profits, lost revenue or indirect damages. Smartfy's total liability in any case is limited to the amount paid by the Customer in the 12 months before the event.
Smartfy is not liable for failures caused by the Customer's code or configuration, by third-party services contracted by the Customer, or by events beyond its reasonable control.
Nothing in these Terms limits rights that consumer protection law grants and that cannot be waived.
13. Intellectual property and third-party trademarks
The Smartfy Cloud brand, website and materials belong to Smartfy. Laravel and Metabase are trademarks of their respective owners. Smartfy is an independent service with no affiliation with Laravel Holdings Inc. or Metabase, Inc. Metabase is used under the terms of its licenses.
14. Changes to these Terms
We may update these Terms. Material changes will be communicated by email at least 30 days in advance. Continued use after they take effect means acceptance. If the Customer disagrees, they may cancel at no additional cost.
15. Governing law and jurisdiction
These Terms are governed by the laws of Brazil. The courts of São Paulo/SP, Brazil, have jurisdiction, without prejudice to mandatory consumer rights in the Customer's place of residence.