Terms of Service
Last updated: February 17, 2025
1. Introduction
Welcome to Smart Expert Connect – AI Agent (the “App”), operated by Smart Expert PTY(LTD) (“the Company”). The App is designed to assist users with appointment scheduling at Smart Expert medico-legal hubs in South Africa and to provide a lookup service for finding medical and legal professionals based on individual needs. By accessing or using the App, you agree to be bound by these Terms of Service (the “Terms”). If you do not agree to these Terms, please do not use the App.
2. Eligibility
- General Access:
The App is open to the public without age restrictions. However, you acknowledge and agree that you are responsible for ensuring your use of the App complies with all applicable laws and regulations. - Account Responsibility:
Users are solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. You agree to notify us immediately if you suspect any unauthorized use of your account.
3. User Conduct and Responsibilities
- Acceptable Use:
You agree to use the App only for lawful purposes and in accordance with these Terms. Although we do not list specific prohibited activities, you are expected to engage responsibly and ethically. - Prohibited Activities:
Without limiting the foregoing, you agree not to:
- Upload, transmit, or distribute any material that is harmful, malicious, or fraudulent.
- Engage in activities that infringe upon the intellectual property rights or privacy of others.
- Use the App in any manner that could damage, disable, or impair its functionality or interfere with other users’ access.
- User-Generated Content:
Any content that you submit remains your property. However, by submitting such content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content as necessary for the operation and promotion of the App.
4. Data Collection, Usage, and Privacy
- Data Collected:
We collect the following personal information when you use the App:
- Email address (for signup and communication)
- Name
- Phone number
- Personalization information
- Purpose of Data Collection:
The data we collect is used exclusively for:
- Sending invoices and other necessary communications
- Communicating with you via WhatsApp regarding your appointments and service updates
- Data Sharing:
Your personal information will not be shared with third parties except as required to operate integrated AI services (e.g., Google’s AI models, ChatGPT) or as required by law. - User Rights:
You have the right to:
- Access and update your personal data
- Request corrections to any inaccurate information
- Request deletion of your personal data, subject to legal and contractual obligations For any data-related inquiries or requests, please contact us using the details provided in Section 10.
- Privacy Policy:
Our Privacy Policy, which forms part of these Terms, provides further details on how we collect, use, and protect your information. By using the App, you consent to our data practices as described in our Privacy Policy.
5. Intellectual Property Rights
- Ownership:
All content, trademarks, logos, and intellectual property displayed or provided through the App are the property of Smart Expert PTY(LTD) or its licensors and are protected by applicable intellectual property laws. - User License:
By using the App, you acknowledge that you have no right or license to use the Company’s intellectual property except as expressly provided in these Terms or with the Company’s prior written consent.
6. Third-Party Services and AI Models
- Integration with Third-Party AI:
Our App may integrate with third-party AI services (e.g., Google’s AI models and ChatGPT) to enhance functionality. While we take measures to ensure these services comply with data protection standards, please note that such services may have their own terms and conditions and privacy practices. - Disclaimer for Third-Party Services:
The Company is not responsible for the performance, reliability, or privacy practices of any third-party service integrated into the App. Use of such services is subject to the respective third party’s terms and conditions.
7. Disclaimers and Limitation of Liability
- Service Availability:
The App is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We do not guarantee that the App will be uninterrupted, error-free, or completely secure. - No Warranty:
To the fullest extent permitted by law, the Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. - Limitation of Liability:
Under no circumstances shall Smart Expert PTY(LTD) be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the App—even if advised of the possibility of such damages. Our total cumulative liability for any claims shall not exceed the amount paid, if any, by you for using the App.
8. Indemnification
You agree to indemnify, defend, and hold harmless Smart Expert PTY(LTD), its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the App, your violation of these Terms, or your infringement of any rights of any third party.
9. Termination
- User-Initiated Termination:
You may terminate your account at any time by contacting us at info@smartexpert.co.za. - Company-Initiated Termination:
The Company reserves the right to suspend or terminate your account and access to the App at any time, without prior notice, if you violate these Terms or engage in conduct that the Company deems harmful, fraudulent, or otherwise detrimental to the App or its users. - Effects of Termination:
Upon termination, your right to access or use the App will immediately cease, and the Company may, at its discretion, delete your account and any associated data. Termination does not affect any accrued rights or obligations.
10. Governing Law and Dispute Resolution
- Governing Law:
These Terms are governed by and construed in accordance with the laws of South Africa. - Dispute Resolution:
In the event of any dispute arising out of or relating to these Terms or your use of the App, the parties agree to first attempt to resolve the dispute amicably by contacting each other. If a resolution cannot be reached, the dispute shall be subject to binding arbitration in accordance with the rules of arbitration applicable in South Africa. The arbitration proceedings shall be conducted in English, and the decision of the arbitrator(s) shall be final and binding.
11. Changes to the Terms
The Company reserves the right to modify or update these Terms at any time. Any changes will be posted on this page along with a revised “Last updated” date. Your continued use of the App following the posting of changes constitutes your acceptance of the updated Terms.
12. Miscellaneous
- Severability:
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect. - Entire Agreement:
These Terms, together with any documents referenced herein, constitute the entire agreement between you and Smart Expert PTY(LTD) regarding your use of the App and supersede all prior or contemporaneous communications, whether electronic, oral, or written. - No Waiver:
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it at a later time.
13. Contact Information
If you have any questions, concerns, or requests regarding these Terms or your personal data, please contact us at:
Smart Expert PTY(LTD)
980 Jan Shoba Street
Brooklyn, Pretoria
Email: info@smartexpert.co.za
Phone: +27 76 848 6409