Please read these Terms carefully. By using smart solutions or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
Under Ashewa Technology Solutions S.c products, the smart solution unit provides Smart website builder, Smart ERP, Smart School management system, smart SEO, Smart Hospital management system and other individuals with a number of tools and systems (including these desktop applications) to enable them to create, publish, and manage mobile applications. The following terms and conditions govern all use of the Services and all content, services and products available at or through the Smart Solutions website (taken together, the systems).
The Website and Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Ashewa’s Privacy Policy) and procedures that may be published from time to time on this Website by Ashewa (collectively, the “Agreement”).
By posting updated versions of the Agreement on the Website, or otherwise providing notice to you, Ashewa may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Smart Solutions website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. Smart Solutions will use reasonable efforts to make you aware of any changes to the terms of this Agreement. Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Ashewa, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 15 years old.
If you create an app or the Website, you are responsible for keeping your account and app secure in terms of your password and username, and you are fully liable for all activities that occur under the account and any other actions taken in connection with the app but not explicitly described services that Ashewa provides in terms of special assistance and server infrastructure.You must not describe or assign keywords to your app in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Ashewa reserves the right to change or remove any description or keyword that it deems inappropriate or unlawful, or that is otherwise likely to cause Ashewa liability.
You must immediately notify Ashewa of any unauthorized use of your app, account, or other security breaches. Ashewa will not be liable for Your actions or omissions, including any damages incurred as a result of such actions or omissions.The applications created with the Services must comply with the rules of the relevant app stores and marketplaces, specifically Apple's App Store and Google Play. Ashewa makes no guarantees that apps created with the Services will be approved for publication by any third party.
If you operate an app, comment on your app, post material to your app, post links on the app, or otherwise make (or allow any third party to make) material available through the service (any such material, "Content"), You are entirely responsible for the content of that Content and any harm caused by it. This is true regardless of whether the Content is text, graphics, an audio file, or computer software. By distributing Content, you represent and warrant that:
The downloading, copying, and use of the Content will not violate any third party's proprietary rights, including but not limited to copyright, patent, trademark, or trade secret rights.
Unless proof of authorization from the original content owner can be provided, the content is not aggregated or copied from third-party sites, even if the source is mentioned.
You have fully complied with any third-party licenses relating to the Content and have done everything required to successfully pass any required terms through to end users; the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost third-party site search engine rankings, or to further illegal acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content is not pornographic, does not contain threats or incite violence against individuals or entities, and does not violate any third party's privacy or publicity rights.
Your app is not being advertised through unsolicited electronic messages such as spam links on newsgroups, email lists, other apps and websites, and similar unsolicited promotional methods; your app is not being named in a way that leads your readers to believe you are another person or company.
The name of the app is not the name of another person or company other than your own; and you have accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Ashewa or otherwise.
By submitting Content or graphic materials (e.g., your logo) to Ashewa for inclusion in your app, you grant Ashewa a non-exclusive, worldwide, royalty-free license to reproduce, modify, adapt, and publish the content and materials solely for the purpose of displaying, distributing, and promoting your app.
Without limiting any of those representations or warranties, Ashewa reserves the right (but not the obligation) to I refuse or remove any app that, in Ashewa's reasonable opinion, violates any Ashewa policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Ashewa will be under no obligation to refund any previously paid amounts.
Terms in general: By signing up for and submitting an order for the service, you agree to pay Ashewa the one-time or monthly, or annual fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for the service and will cover use of that service for the indicated monthly or annual subscription period. A lifetime license (also known as a "owned" or "owned" license).
The "one-time" license includes support for 12 months from the day you sign up for the service as well as a usage license for the life of the product.
Refunds and cancellations: You may cancel services at any time by providing Ashewa with 30 days written notice. Any one-time, service, customization, monthly, or yearly fees are non-refundable. Fees are refundable only within 30 days of your order for services that explicitly offer a "30 days guarantee." Ashewa reserves the right to change the payment terms and fees with 30 days' notice in writing.
Ashewa will not issue refunds for any fees paid if your app is rejected by Google or Apple for reasons beyond Smart Solutions' control, such as suspected copyright violations or failure to meet the companies' guidelines and rules for apps published on the App Store and Google Play.
Automatic Renewal. Unless you notify Ashewa before the end of the applicable subscription period that you want to cancel the service , your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for the service (along with any applicable taxes) using any local payment options such as Birr or international payment options like credit card or other payment mechanism we have on file for you.
Support. The Smart Solutions service includes, live and in person support, email support as well as phone support for certain services. "Email support" refers to the ability to submit requests for technical support and assistance via email at any time (with Ashewa making reasonable efforts to respond within one business day) regarding the use of the Services.
License. Ashewa hereby grants you a worldwide non-exclusive, personal, non-assignable license to use the Services for the duration of this agreement, exclusively in the conditions hereunder.
Ashewa has not reviewed, and cannot review, all of the material, including computer software, posted to its customers' apps, and thus cannot be held liable for its content, use, or consequences. Ashewa disclaims any responsibility for any harm caused by users' use of other Websites or apps, or by their downloading of content posted there.
As Ashewa expects others to respect its intellectual property rights, it also respects others' intellectual property rights. If you believe that material on or linked to by Smart Solutions infringes on your intellectual property rights, please notify Ashewa. Ashewa will respond to all such notices by removing the infringing material or disabling all links to the infringing material, as required or appropriate. If a customer is determined to be a repeat infringer of Ashewa's or others' copyrights or other intellectual property rights, Ashewa will terminate the customer's access to and use of the Website. Ashewa will have no obligation to refund any amounts previously paid to Ashewa in the event of such termination.
This Agreement does not transfer any Ashewa or third-party intellectual property from Ashewa to you, and all right, title, and interest in and to such property will remain solely with Ashewa (as between the parties). Ashewa, Smart Solutions products, the logo, and all other trademarks, service marks, graphics, and contents used in connection with Smart Solutions or the Website are the property of Ashewa or its licensors. Other trademarks, service marks, graphics, and logos appearing on the Website may be the property of third parties. You have no right or license to reproduce or otherwise use any Ashewa or third-party trademarks by using the Website.
Ashewa owns all rights, title, and interest in and to the Site, Services, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection with them (collectively, "Ashewa platforms"). As used herein, "Intellectual Property Rights" include any type of invention or patent, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights, including applications for any of the foregoing, in any country, arising under statutory or common law or by contract, and whether or not perfected, now existing or heritable.
All use of the Ashewa platform shall benefit Ashewa, and you shall not: I contest, or assist others in contesting, our rights or interests in and to the Ashewa Platforms or the validity of our rights in and to the Ashewa Platforms and all applications, registrations, or other legally recognized interests therein; or (ii) contest, or assist others in contesting, the validity of our rights in and to the Ashewa Platforms and all applications, registrations, or other (ii)
Attempt to register, record, obtain, or pursue any Intellectual Property Rights or other proprietary rights or protections in or to said Ashewa Platforms. Ashewa reserves all rights in the Ashewa Platforms that are not expressly granted herein. You hereby agree to and do assign to Ashewa any modifications or derivative works made by you in violation of the foregoing limitation.
Ashewa reserves the right to include attribution links like 'Designed by Smart Solutions' or 'Powered by Smart Solutions' in the user interface of your app. Such attribution links can be removed upon request and payment of a white label fee or recurring fees charged to participate in our White Label or Reseller Programs or subscribe to plans with a White Label feature.
Reselling the Services to third parties is only permitted if you participate in Smart Solutions' "White Label Program," also known as the "Reseller Program," or purchase a "White label Add-On." The following conditions must also be met:
Access to and use of the Services by a third party granted access by you ("Your Customer"): (a) does not diminish your strict obligation to ensure compliance with the terms of this Agreement; and (b) does not diminish Ashewa's right to enforce the terms of this Agreement, without liability to you or the Customer, including suspension or termination of access to the Service, whether or not it may have an adverse impact on Your Customer or the ability to use the Services.
You must: (a) enter into a binding contractual relationship with Your Customer on terms no less onerous than this Agreement; (b) provide Your Customer with a Privacy Policy that complies with your local law and is no less onerous in terms of your obligations to Your Customer than Ashewa's Privacy Policy is in relation to Ashewa's Customers; and (c) provide all customer relationship management, including first level support services in relation to the Services, to Yo.
You agree to indemnify and hold Ashewa harmless from and against all costs, expenses, losses, and liabilities arising in any way (including under statute, tort law, or otherwise).equity or any other theory of law whatsoever) from or in relation to use of the Services by Your Customer and all other acts and omissions of Your Customers otherwise taking place on or in relation to the Services.
If you wish to terminate this Agreement or your Smart Solutions account (if you have one), simply contact Ashewa and request that your account be canceled. Regardless of the foregoing, if you have purchased an app, Ashewa may terminate your account if you materially breach this Agreement and fail to cure such breach within thirty (30) days or less based on the severity of Ashewa's notice to you; provided, however, that Ashewa may terminate the Website immediately as part of a general shutdown of our service. All provisions of this Agreement that, by definition, should survive termination shall do so, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and liability limitations.
The Website is offered "as is." Ashewa and its suppliers and licensors expressly disclaim all express and implied warranties, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Ashewa nor its suppliers or partner, or licensors warrant that the Website will be free of errors or that access to it will be continuous or uninterrupted. You acknowledge that you download from, or otherwise obtain content or services from, the Website at your own risk.
In no event will Ashewa, or its suppliers or licensors, be liable under any contract, negligence, strict liability, or other legal or equitable theory with respect to any subject matter of this agreement for: (I) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ashewa under this Ashewa will not be liable for any failure or delay caused by events beyond their reasonable control. The preceding shall not apply to the extent that applicable law prohibits it.
You represent and warrant that your use of the Website will be in strict accordance with the Ashewa Privacy Policy, with this Agreement, and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content, as well as all applicable laws regarding the transmission of technical data exported from the Ethiopia or the other territories).
You agree to indemnify and hold Ashewa, its contractors, and its licensors, as well as their respective directors, officers, employees, and agents, harmless from and against any and all claims and expenses, including attorneys' fees, arising from your use of the Website, including, but not limited to, your violation of this Agreement.
The refund for the services is only available for 30 days after the payment is made. If users unsubscribe from the selected packages after the apps are successfully released in app stores:
Users will be prevented from accessing newly released apps in app stores.
Users can choose the OneTime payment option to gain complete control over the released apps.
This Agreement contains the entire agreement between Ashewa and you regarding the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Ashewa, or by the posting of a revised version by Ashewa. The English version the original version that shall govern, interpret, and construe the Agreement. The parties irrevocably agree that the laws of the land shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims), except that Ashewa expressly reserves the right (at its sole discretion) to bring an action against you in a court or courts where you reside, have your principal place of business, or have central administration.
A waiver of any term or condition of this Agreement or any breach thereof by either party in any one instance does not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that agrees to its terms and conditions; Ashewa may assign its rights under this Agreement without restriction. The parties, their successors, and permitted assigns will be bound by and benefit from this Agreement. This document is licensed under the law of all the country laws.