1. Agreement to Terms
This End User Licence Agreement ("EULA") is entered into between you ("User", "you") and AdvannoSmart (Pty) Ltd ("AdvannoSmart", "we", "us", "our"), a company incorporated in the Republic of South Africa, for the use of the SmartKwam™ mobile application ("App").
By downloading, installing, or using the App, you agree to be bound by this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the App.
This EULA supplements our Terms of Service and Privacy Policy, which are incorporated by reference.
2. Licence
Subject to your compliance with this EULA, AdvannoSmart grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial purposes.
This licence does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
3. Restrictions
You agree not to:
- Copy, modify, or distribute the App or any portion thereof.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App.
- Make the App available to any third party or use it for any commercial purpose.
- Remove, alter, or obscure any proprietary notice (including any trademark or copyright notice) of AdvannoSmart or its affiliates, partners, or licensors.
- Use the App in violation of any applicable law, rule, or regulation.
- Use the App for any purpose not expressly permitted by this EULA.
- Circumvent or disable any security, authentication, or digital rights management features of the App.
4. Ownership
The App and all rights, title, and interest therein — including all intellectual property rights (copyrights, trademarks, trade secrets, and patents) — are and shall remain the exclusive property of AdvannoSmart and its licensors. SmartKwam™ is a trademark of AdvannoSmart (Pty) Ltd.
This EULA does not grant you any ownership rights in the App. Any feedback or suggestions you provide may be used by AdvannoSmart without any obligation to you.
5. Subscriptions & In-App Purchases
The SmartKwam App is free to download and includes core smart home control features at no charge. Certain premium features — including but not limited to cloud video storage tiers, extended automation capabilities, and advanced analytics — are available as optional in-app purchases or subscription plans (“Premium Features”).
Premium Features and their associated pricing will be clearly displayed within the App before any purchase is made. All purchases are processed through the applicable app store (Apple App Store or Google Play Store) and are subject to the payment terms of that platform. You may manage and cancel subscriptions through your device settings or the applicable app store.
Prices for Premium Features are quoted in South African Rand (ZAR) inclusive of VAT where applicable, unless otherwise stated. We reserve the right to modify pricing at any time; existing subscribers will receive at least 30 days' notice of any price changes.
Refund requests for Premium Features should be directed to the applicable app store in accordance with their refund policies.
6. Third-Party Services
The App may integrate with third-party smart home devices, platforms, and services (including but not limited to Tuya Smart). These integrations are subject to their own terms and conditions.
AdvannoSmart is not responsible for the performance, accuracy, or availability of any third-party service and shall not be liable for any loss or damage arising from your use of such services accessed through the App.
7. Updates & Availability
AdvannoSmart may from time to time issue updates, patches, or new versions of the App. You agree that your use of the App may require you to install such updates. Some updates may be installed automatically; others may require action on your part.
We do not guarantee that the App will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of the App for business or operational reasons without notice.
Minimum requirements: The App requires iOS 15.0 or later, or Android 8.0 (API level 26) or later. Performance may vary based on device capabilities, operating system version, and network conditions.
8. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
AdvannoSmart does not warrant that the App will meet your requirements, that it will be available on an uninterrupted, timely, secure, or error-free basis, or that any defects will be corrected. Your use of the App is at your sole risk.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADVANNOSMART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP.
In no event shall AdvannoSmart's total liability to you exceed the amount you have actually paid us for the App in the twelve (12) months preceding the claim, or ZAR 500 (five hundred rand), whichever is greater.
10. Termination
This EULA is effective until terminated by you or AdvannoSmart. Your rights under this EULA will terminate automatically without notice from AdvannoSmart if you fail to comply with any of its terms.
Upon termination, you must cease all use of the App and delete all copies of the App from your devices. Termination does not limit any of AdvannoSmart's rights or remedies at law or in equity.
11. Export Compliance
You may not use or otherwise export or re-export the App except as authorised by South African law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported to any country subject to South African government embargoes or sanctions.
12. Governing Law
This EULA shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. You irrevocably consent to the exclusive jurisdiction of the Western Cape Division of the High Court of South Africa for the resolution of any dispute arising under this EULA.
13. Apple App Store Additional Terms
The following terms apply when you download the App from the Apple App Store:
- You acknowledge that this EULA is between you and AdvannoSmart only, and not with Apple Inc. ("Apple"). AdvannoSmart, not Apple, is solely responsible for the App and its content.
- Apple has no obligation to provide any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, AdvannoSmart, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
- Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
14. Google Play Store Additional Terms
The following terms apply when you download the App from the Google Play Store:
- You acknowledge that Google LLC ("Google") is not a party to this EULA and has no obligation or liability to you with respect to the App or this EULA.
- Your use of the App must comply with the Google Play Store Terms of Service.
- Google is only a provider of the Google Play Store where you obtained the App. AdvannoSmart, not Google, is solely responsible for the App, the content thereof, maintenance, support services, and warranty and any claims relating thereto.
15. Contact Us
If you have questions about this EULA, please contact us:
AdvannoSmart (Pty) Ltd
Email: legal@smartkwam.co.za
General enquiries: support@smartkwam.co.za
Website: advannosmart.co.za