Terms of service

1. Who these terms are between

These terms apply between Smoko Software Limited (NZBN 9429000000000), of 23 Currie Street, New Plymouth Central, New Plymouth 4310, Taranaki, New Zealand, and the business that holds the account. Where the account is held by a company, partnership, or trust, the person who signs up confirms they are authorised to accept these terms on its behalf.

Using GoSmoko means accepting these terms. If your business has separate signed terms with us, those take precedence over this document where they conflict.

2. Your account

• You are responsible for keeping your sign-in credentials secure and for everything done under your account.
• Each person who signs in needs their own login. Sharing one login across a crew is not permitted, and it makes the audit trail useless to you.
• You must give accurate business details. The legal name, address, and GST number you enter appear on the tax invoices you issue to your customers, and they are your responsibility to get right.
• Tell us promptly if you believe someone has gained access to your account.

3. The service we provide

GoSmoko is job management software: quoting, job tracking, invoicing, scheduling, stock records, and reporting, with optional connections to accounting, payment, and email providers.

We aim to keep the service available and correct, and we improve it continuously. That means features change over time. We will not remove something you rely on without notice, but we do reserve the right to alter how it works.

4. What GoSmoko is not

• GoSmoko is not accounting, tax, or legal advice. It calculates GST from the rate you configure and produces documents in the standard form — it does not tell you what to charge or how to file.
• GoSmoko is not your system of record for tax purposes. Your ledger in Xero or MYOB, and your obligations to IRD or the ATO, remain yours.
• GoSmoko is not a payment processor. Card payments are handled entirely by Stripe under your own Stripe account and your agreement with them.

5. Your data

Your business data stays yours. We do not sell it, we do not share it with other customers, and we do not use it to train models.

We process your data to run the service for you: storing your records, sending the emails you ask us to send, and passing information to the integrations you connect. Our privacy policy sets out the detail.

You can export your data and you can ask us to delete your account data. Records already pushed to Xero, MYOB, or Stripe live in those systems under your accounts, and deleting your GoSmoko account does not remove them.

6. Integrations and third parties

When you connect Xero, MYOB, or Stripe, you are authorising us to act on your behalf within the permissions you grant. We ask for the narrowest access that makes the feature work. Email is part of GoSmoko and is delivered by our tech partner Hatched Digital (Hatched Send).

Those providers have their own terms and their own fees, which you pay them directly. We are not responsible for their availability, their pricing, or changes they make to their APIs — though we will tell you if a change affects what GoSmoko can do.

You can disconnect any integration at any time. Doing so deletes the stored credentials immediately.

7. Acceptable use

• Do not use GoSmoko to send unsolicited bulk email. The email integration is for transactional messages to your own customers — quotes, invoices, and receipts.
• Do not attempt to access another business's data, probe the service for vulnerabilities without telling us, or interfere with its operation.
• Do not use GoSmoko for anything unlawful, or to issue documents you know to be false.

8. The mobile app

The GoSmoko app for iPhone and Android is part of the service, included in your plan at no extra charge, and covered by these same terms. We grant you a personal, revocable, non-transferable licence to install and use it on devices you or your crew control, for as long as your account is open. You may not copy it, reverse-engineer it, or redistribute it.

The app keeps an encrypted copy of your business data on the device so that it works without signal. Keeping the devices your crew use reasonably secure — a passcode, and the biometric lock we provide — is your responsibility, and signing out of a device you no longer control removes that copy.

• Apple and Google are not parties to these terms. Your licence to use the app on an Apple device is granted by us, not by Apple, and is limited to the usage rules in Apple's App Store Terms of Service.
• Apple and Google have no obligation to provide any maintenance or support for the app, and no warranty responsibility for it. Any claim about the app — including product liability, a legal compliance failure, or a consumer protection claim — is ours to answer, not theirs.
• If the app fails to conform to any warranty we give, you may notify Apple and Apple will refund the purchase price. As the app is free, that amount is nil. Apple has no other warranty obligation.
• Apple and Google are third-party beneficiaries of this section and may enforce it against you directly.
• You confirm you are not located in a country subject to a United States embargo, and are not on a United States prohibited or restricted party list, as the app stores require us to state.
• App store availability, and the versions of iOS and Android we support, may change. We will not drop support for a phone version without notice in the app.

9. Fees and billing

Plans are charged per user per month in New Zealand dollars, excluding GST, at the prices published on our pricing page. Free trials require no card and end automatically.

Moving to a higher plan takes effect immediately and is charged pro rata. Moving to a lower plan takes effect at your next billing date, so you keep what you have paid for.

If we change prices, we will give at least 30 days' notice before it applies to your account. You can cancel before it takes effect.

Cancelling stops future charges. We do not refund part-months, but you keep access for the rest of the period you have paid for.

10. Availability and support

We do not promise uninterrupted service. We do commit to fixing problems promptly, being honest about what is broken, and never quietly losing your data.

Support is provided by email during New Zealand business hours. Business plans include priority handling.

11. Liability

Nothing in these terms limits rights you have under the New Zealand Consumer Guarantees Act, the Fair Trading Act, or the Australian Consumer Law where those apply and cannot be excluded.

Subject to that, our total liability to you in any twelve-month period is limited to the fees you paid us in that period, and we are not liable for lost profits, lost business, or indirect loss.

You remain responsible for the accuracy of the documents you issue from GoSmoko and for meeting your own tax and record-keeping obligations.

12. Ending the arrangement

You can close your account at any time from your settings or by emailing us. We may suspend or close an account that breaches these terms, does not pay, or is being used to harm others — and where circumstances allow, we will tell you first and give you a chance to fix it.

On closure we retain your data for a short period so an account closed by mistake can be recovered, then delete it.

13. Changes and governing law

We may update these terms. Material changes will be notified by email or in the app before they take effect, and continuing to use GoSmoko after that means accepting the updated terms.

These terms are governed by New Zealand law, and the New Zealand courts have non-exclusive jurisdiction.