Terms of Service

Effective Date: [DATE — TODO: set before launch]

These Terms of Service ("Terms") govern your access to and use of the websites, applications, biometric authentication platform, and related services (collectively, the "Service") provided by Smiley Pay Limited ("Smiley Pay," "we," "our," or "us"). By creating an account, enrolling in biometric authentication, or otherwise using the Service, you agree to these Terms.

1. The Service

Smiley Pay provides smile-based biometric authentication for use cases such as employee time and attendance, event check-ins, and membership verification. Certain features described on our website — including Smiley Payments — are in development and not yet generally available. Early-access features may change, be interrupted, or be discontinued.

2. Eligibility

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction, to use the Service.

3. Accounts

You are responsible for the accuracy of the information you provide and for safeguarding your account credentials. Notify us promptly of any unauthorized use of your account.

4. Biometric Enrollment and Consent

Use of biometric authentication requires your voluntary enrollment and affirmative consent under our Biometric Consent Form and Biometric Information Policy. Our collection and use of personal information is described in our Privacy Policy.

5. Authentication Is Probabilistic

Biometric authentication technology is probabilistic and may occasionally produce failed or incorrect authentication results. The Service is provided as an authentication aid and should be deployed with appropriate fallback procedures. You are responsible for maintaining reasonable operational fallbacks for your use case.

6. Prohibited and Unsupported Uses

• The Service is not designed or licensed for emergency services, life-safety systems, critical infrastructure, medical decision-making, or any use where an authentication failure could lead to death, personal injury, or severe damage.
• You may not enroll another person's biometric information without their informed consent.
• You may not use the Service to violate any applicable law, including biometric privacy laws applicable to your deployment.
• You may not attempt to probe, reverse engineer, or circumvent the Service's security or matching systems.

7. Customer Responsibilities

If you deploy the Service for your employees, guests, or members, you are responsible for providing legally required notices, obtaining legally required consents in your jurisdiction, and operating the Service on compatible hardware in suitable conditions.

8. Fees and Trials

Paid plans are billed as described at the time of purchase. Trial periods, where offered, last thirty (30) days unless otherwise stated. Pricing may change with notice; changes apply at your next billing cycle.

9. Intellectual Property

The Service, including its software, design, and branding, is owned by Smiley Pay Limited or its licensors. These Terms do not grant you any rights to our trademarks or branding.

10. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access for breach of these Terms, suspected fraud or abuse, or as required by law. Sections that by their nature should survive termination will survive.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AUTHENTICATION RESULTS WILL BE ERROR-FREE OR UNINTERRUPTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMILEY PAY LIMITED WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING FROM OR RELATED TO THE SERVICE. OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless Smiley Pay Limited from claims arising out of your breach of these Terms, your violation of applicable law, or your deployment of the Service without legally required notices or consents.

14. Governing Law

These Terms are governed by the laws of [JURISDICTION — TODO: set before launch], without regard to conflict-of-law principles.

15. Changes to These Terms

We may modify these Terms from time to time. Updated versions become effective upon posting or otherwise notifying users. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

16. Contact Information

Smiley Pay Limited
Address: [ADDRESS — TODO: set before launch]
Email: legal@smileylimited.com
Website: smileylimited.com