Terms of Use
1. Legal Information
Operator: These Terms of Use (“Terms”) govern the use of the Smart Services platform (“Smart Services” or the “Platform”). The Platform is operated by Smart Services Co., Ltd., a company incorporated under the laws of Thailand. Smart Services Co., Ltd. (the “Company”) is registered in Thailand and has its principal place of business in Hua Hin, Prachuap Khiri Khan, Thailand.
Contact: For any questions or notices regarding these Terms, users may contact the Company at its registered address or via the customer support email/phone provided on the Platform.
Legal Compliance: Smart Services Co., Ltd. operates in compliance with Thai laws and applicable ecommerce regulations. This includes adherence to the Thai Electronic Transactions Act and relevant consumer protection laws for online services. The Company is also committed to protecting personal data in accordance with the Personal Data Protection Act B.E. 2562 (2019) (“PDPA”) 1 . All use of the Platform is subject to these Terms and applicable laws of Thailand.
2. Purpose of the Terms
These Terms set out the conditions of use of the Smart Services Platform and form a legally binding agreement between the Company and all users of the Platform, including both service-requesting clients (“Users” or “Clients”) and service-providing partners (“Service Providers”). The purpose of these Terms is to clearly define the rights and obligations of Users, Service Providers, and the Platform operator. By accessing, registering an account on, or otherwise using the Smart Services Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any provision of these Terms, you must refrain from using the Platform.
These Terms also incorporate by reference any relevant policies or guidelines posted on the Platform (such as the Privacy Policy). The Platform’s role is as an intermediary to connect Clients with Service Providers for various services (cleaning, transport, administrative support, wellness, etc.), and these Terms explain the scope and limitations of that role. The Company reserves the right to amend these Terms from time to time as needed to reflect changes in services or legal requirements. Updated Terms will be posted on the Platform with a revised effective date. Continued use of the Platform after any such update constitutes acceptance of the modified Terms.
3. Access and Account Creation
3.1 Eligibility: Use of the Platform is limited to individuals 18 years of age or older who can form legally binding contracts under Thai law. By registering, you represent that you are at least 18 and have full legal capacity to enter into agreements. The Platform may terminate or suspend your account if we discover you are underage or otherwise not in compliance with applicable laws or these Terms.
3.2 Account Registration: To access certain services on the Platform, you must create a user account. You agree to provide accurate, current, and complete information during registration (including your name, contact information, and any identification or verification details required). Each user (Client or Service Provider) must register using their true identity and you may not create multiple accounts for the same role or impersonate any other person or entity. The information you provide must be kept up to date; you should promptly update your account details if they change. The Company reserves the right to reject a registration or ask for additional proof of identity or qualifications (for Service Providers) if necessary.
3.3 Account Security: You are responsible for maintaining the confidentiality and security of your account login credentials. You must not share your password or allow others to access your account. You agree to notify the Platform immediately if you suspect any unauthorized use of your account or any breach of security. Smart Services will not be liable for any loss or damage arising from the unauthorized use of your account, and you may be held responsible for losses incurred by the Company or others due to such unauthorized use.
3.4 Use of Account: You agree to use your account solely for its intended purpose (Clients requesting services; Service Providers offering services). A User account is personal to you; you shall not transfer or sell your account to any third party. Service Providers must only use the account to offer services they are qualified and permitted to provide. All users must use the Platform in compliance with these Terms and all applicable laws and regulations. If we determine that any information provided is untrue, inaccurate, or if your activities violate these Terms or Thai law, we may suspend or terminate your account (see Section 10).
3.5 Electronic Agreement: You understand that by completing the account registration process or clicking “I Agree” (or similar) when prompted, this action constitutes an electronic signature indicating your acceptance of these Terms. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing, in accordance with Thailand’s Electronic Transactions Act.
4. Description of Services and Platform Role
4.1 Platform Services: Smart Services is a digital platform that facilitates connections between Clients (expatriates or other users seeking services in Thailand) and local Service Providers who offer various services such as home cleaning, transportation, administrative assistance, wellness and similar support services. The Platform enables Clients to browse offerings, request or schedule services, and allows Service Providers to advertise their skills and accept service requests. The Platform may also include features like messaging, reviews/ratings, and payment processing to support these interactions.
4.2 Intermediary Role: The Platform’s role is solely as an intermediary that brings together Clients and Service Providers. Smart Services Co., Ltd. is not itself a service provider and does not directly offer or perform the services requested by Clients. The actual contract for services is between the Client and the Service Provider. Smart Services is not a party to the service agreement or any employment relationship between Client and Service Provider. The Platform simply provides the venue and technical tools for Users and Service Providers to find and transact with each other.
4.3 No Employment or Agency: All Service Providers operate as independent contractors and not as employees, agents, joint venturers, or partners of Smart Services. Nothing in these Terms creates any employment, agency, partnership or joint venture between the Company and any Service Provider or Client 2 . Service Providers have sole discretion over how they provide services (including the means and methods of work), subject to any arrangements made with the Client and compliance with these Terms and the law. Smart Services does not direct or control the day-to-day work of Service Providers or assume any responsibilities of an employer.
4.4 No Guarantee of Services: While the Platform may vet or verify certain basic information about Service Providers (for example, identity verification or background checks, where applicable), Smart Services does not guarantee the availability, suitability, or quality of any Service Provider or service. Any descriptions of Services or qualifications are provided by the Service Providers and not by the Platform. Clients should exercise their own judgment and take reasonable precautions when selecting a Service Provider. Similarly, Service Providers should use discretion when engaging with Clients. The Platform may provide a ratings or review system to assist Users in making decisions, but such feedback is generated by other users and is not a guarantee by the Company.
4.5 Facilitation of Payments: The Platform may offer tools to facilitate payment from Clients to Service Providers. If such payment services are used, Clients agree to pay for services they request, and Service Providers agree that the Platform may act as a limited payment-collection agent on their behalf. All fees and payment terms will be displayed at the time of transaction. The Company will ensure that any Client payments for services (minus any applicable Platform fees or commissions) are forwarded to the respective Service Provider as per the agreed terms. However, except where expressly stated, Smart Services is not responsible for collecting or remitting payments for services outside of the Platform’s provided payment system. Users and Service Providers should not attempt to circumvent the payment system or conduct off-platform payments for engagements formed through the Platform (see Section 5 and 6 for related obligations).
5. User (Client) Obligations
Clients using the Platform to request or obtain services agree to the following obligations and responsibilities:
5.1 Provide Accurate Information: Users shall provide true and accurate information about the scope, location, timing, and requirements of the requested service. This includes any relevant details the Service Provider should know (for example, if a cleaning service is required, the size of the area; if transportation, the pick-up/drop-off points; etc.). Misrepresenting the service requirements or providing false information is strictly prohibited.
5.2 Payment for Services: When a User agrees to engage a Service Provider for a service (for example, by confirming a booking or accepting a quote), the User is entering into a binding agreement to pay the agreed-upon fee for that service. Users must pay all fees associated with the services they request, including any applicable service charges or taxes, in a timely manner as specified. If the Platform’s payment system is used, the User authorizes Smart Services to charge their chosen payment method for the service fee and any Platform fees. If payment is to be made directly to the Service Provider, the User agrees to pay as required and provide proof of payment if requested in case of disputes.
5.3 Lawful and Proper Use: Users shall use the Platform and services only for legitimate, lawful purposes. Users may not request any service that is illegal under Thai law or ask Service Providers to engage in unlawful activities. Clients must treat Service Providers with respect and courtesy, and not engage in harassment, discrimination, or any abusive behavior. You agree not to use the Platform to defraud anyone, not to make false bookings, or otherwise misuse the service request system.
5.4 No Circumvention: Users shall not attempt to circumvent the Platform in their dealings with Service Providers. This means you should not solicit or engage a Service Provider you met through the Platform to perform services outside the Platform with the intention of avoiding Platform fees or obligations. Similarly, you should not share personal contact information with a Service Provider for the purpose of moving a transaction off-platform before a service agreement is formed on the Platform. (After a service has been booked and confirmed via the Platform, reasonable direct communication for carrying out the service is allowed, but the initial matching and booking should occur through Smart Services.)
5.5 Accountability for Interactions: Users are responsible for their interactions with Service Providers. You agree to provide a safe and reasonably accessible environment for Service Providers who come to perform services at your location (for example, not subjecting them to dangerous conditions). If a problem arises during the service, you should attempt to resolve it directly with the Service Provider in good faith, and you may notify the Platform if you need assistance or mediation. However, you acknowledge that the Company is not liable for the actions of Service Providers (see Section 7).
5.6 Follow Platform Policies: Users shall adhere to any additional policies, guidelines, or rules that Smart Services may post on the Platform. This includes any community guidelines for leaving reviews or ratings (e.g. feedback must be honest and factual, and not contain offensive or defamatory language) and any specific terms for certain services or promotional programs. Users must not post any content on the Platform that is unlawful, infringing, or violates the rights of any third party. The Company reserves the right to remove or edit any user-submitted content (such as reviews or inquiries) that violate Platform rules or Thai law.
5.7 Indemnification: To the extent permitted by law, Users agree to indemnify and hold harmless the Company (and its directors, officers, employees, and agents) from any claims, losses, or damages arising out of the User’s breach of these Terms, misuse of the Platform, or violation of any law or rights of a third party. (For example, if a User’s wrongful act or omission causes injury to a Service Provider or damage to property, and the Company faces a claim as a result, the User would be responsible for covering the Company’s costs and losses). This indemnity will survive termination of the user’s account or these Terms.
6. Service Provider Obligations
Individuals or businesses offering services through Smart Services (“Service Providers”) must abide by the following obligations:
6.1 Accurate Profile and Qualifications: Service Providers must provide truthful and complete information about themselves and the services they offer. This includes your identity, qualifications, licenses or permits (if any are required for the service, e.g., professional licenses for drivers, therapists, etc.), experience, and any other credentials relevant to the services. You must keep your profile information and service listings up to date. Misrepresenting your skills, qualifications, or legal eligibility to provide a service is strictly prohibited. The Company may require verification of certain information or documents, and you agree to comply with any such verification processes.
6.2 Compliance with Laws: You are responsible for complying with all Thai laws and regulations applicable to the services you provide. This includes (but is not limited to) labor laws, tax regulations, health and safety standards, and any specific regulations for your service domain. If you are required to have a work permit, license, insurance, or certification to lawfully provide a particular service, you must obtain and maintain those requirements at your own expense. Smart Services does not assume responsibility for ensuring that Service Providers have complied with their legal obligations; however, we may remove or suspend your account if we believe your activities are unlawful or violate these Terms.
6.3 Quality of Service: By accepting a Client’s request, a Service Provider agrees to perform the service with due skill, care, and professionalism. You should make best efforts to arrive on time (or be available online at the agreed time for remote services) and carry out the service in accordance with the booking terms or service description. Service Providers shall bring any necessary tools or equipment as advertised or commonly expected for the type of service. If you anticipate being unable to fulfill a confirmed booking (e.g., due to emergency or illness), you must inform the Client (and the Platform support, if required) as soon as possible and cooperate in good faith to reschedule or allow the Client to find an alternative solution. Repeated cancellations or failure to perform services as promised may result in suspension of your account.
6.4 Professional Conduct: Service Providers should conduct themselves courteously and respectfully when dealing with Clients. You must not engage in any harassment, discriminatory behavior, or any inappropriate conduct while performing services or communicating with Clients. You must also respect the Client’s property and privacy when you are on-site at a Client’s location. Any confidential or personal information about a Client that you learn in the course of providing the service (for example, entry codes, personal data, health or family information) must be kept confidential and used only for the purposes of providing that service.
6.5 Use of Client Data (PDPA Obligations): If, as a Service Provider, you receive personal data about Clients (such as names, addresses, phone numbers, or any other information that can identify an individual), you agree to handle and protect that personal data in compliance with the PDPA and other applicable data protection laws. You should only use the Client’s personal information for the purpose of carrying out the requested service and not retain it longer than necessary or use it for any other purpose without the Client’s consent. You are expected to implement reasonable measures to keep any Client information secure and to report to the Platform (and the Client, if appropriate) any incident of data breach or unauthorized disclosure of Client data.
6.6 Avoiding Off-Platform Transactions: Service Providers shall not solicit Clients introduced via Smart Services to engage in services outside of the Platform. In particular, you agree not to propose or accept any direct payment arrangement with a Client outside the Platform’s system for any job you first discovered through Smart Services, unless explicitly authorized by the Company. Attempting to circumvent the Platform’s payment or booking system may result in account termination. Smart Services may monitor communications on the Platform for compliance with this rule (in accordance with our Privacy Policy and PDPA).
6.7 Taxes and Reporting: Each Service Provider acknowledges that they are operating as an independent business person or contractor. You are solely responsible for reporting and paying any taxes (income tax, VAT, social security contributions, etc.) that you are legally obligated to pay in connection with the income you earn from services arranged through Smart Services 3 4 . Smart Services does not withhold any taxes on your behalf (unless required by law in specific circumstances) and will not provide any employment benefits or insurance coverage. You should maintain your own records of transactions and consult with a tax professional if needed to ensure compliance with Thai tax laws. In the event the Thai Revenue Department or any authority requires the Platform to provide information about your earnings or activities, the Company will comply with such lawful requests.
6.8 Indemnification: To the extent allowed by law, Service Providers agree to indemnify and hold harmless the Company (including its directors, officers, employees, and agents) from any claims, liabilities, damages, or expenses arising out of or related to (i) your breach of these Terms or violation of law, (ii) the content you submit to the Platform, or (iii) your provision of services to Clients (including any injuries, losses, or damages to any party that occur during the performance of a service, except to the extent caused by the Company’s negligence). This means that if a third party (including a Client) brings a claim against Smart Services because of something you did or failed to do, you will cover the Company’s losses and expenses (including reasonable attorneys’ fees) related to that claim. This indemnity obligation will survive termination of your account or these Terms.
7. Platform Responsibilities and Limitations of Liability
7.1 No Warranty for Services: Smart Services provides the Platform as a venue for information and facilitation of connections between Users and Service Providers “as is” and “as available.” The Company does not warrant or guarantee that any service arranged through the Platform will meet the User’s expectations or that any Service Provider will be suitable, available, or competent to perform a specific service. While we may conduct basic screenings of Service Providers (such as identity verification or collecting references) for the benefit of Users, Smart Services makes no guarantees regarding the reliability, quality, or suitability of any Service Provider or the safety, timing, or outcome of any service. Users acknowledge that any hiring or engagement of a Service Provider is done at the User’s own risk and judgment.
7.2 Platform Uptime and Errors: The Company strives to keep the Platform operational and secure, but does not guarantee continuous, uninterrupted access to the Platform. Scheduled maintenance, outages, or technical issues may occasionally interrupt or affect the services. Smart Services will make reasonable efforts to ensure reliability of the Platform, but shall not be held liable for any loss, damage, or inconvenience caused by an inability to access or use the Platform, by any bugs, errors, or inaccuracies in the software, or by any unauthorized access or breach of security that is not due to the Company’s own negligence. Users are responsible for having the necessary equipment and internet access to use the Platform and understand that electronic platforms are not 100% error-free or secure.
7.3 Third-Party Content and Links: Content on the Platform may include information provided by other users (such as profiles, service descriptions, reviews) or links to third-party websites or resources. Smart Services is not responsible for the accuracy or reliability of any content posted by users, and such content does not reflect the Company’s endorsement or opinions. Similarly, any third-party links or advertisements on the Platform are provided for convenience and do not imply an endorsement. The Company is not liable for any content, products, or services on third-party sites, and if you access those, you do so at your own risk subject to the third parties’ terms.
7.4 Limitation of Liability: To the fullest extent permitted by law, Smart Services Co., Ltd. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of (or inability to use) the Platform or any service booked through the Platform. In no event will the Company’s total cumulative liability to a user (whether Client or Service Provider) for any claims arising from or related to this Platform or these Terms exceed the amount of service fees the user paid to Smart Services (if any) in the six months preceding the event giving rise to the liability. If you have not paid any service fees to the Company, the Company’s liability will be limited to a nominal amount. Nothing in these Terms shall limit or exclude liability for gross negligence, willful misconduct, or any other liability that cannot be limited under Thai law.
7.5 No Involvement in User Disputes: Users and Service Providers are solely responsible for resolving between themselves any disputes that may arise regarding the services (such as claims of unsatisfactory work, payment issues, scheduling problems, or property damage during service). Smart Services may, at its discretion, offer limited assistance to mediate a dispute if either party contacts us, but the Company is not obligated to do so. In any event, the Company bears no liability for the outcome of any such dispute. You agree that Smart Services is not responsible for any loss or damage arising out of disputes between users and Service Providers, and you release the Company from any claims and demands arising from such disputes .
7.6 Independence of Users and Providers: As noted, Smart Services is not an employer of Service Providers or an agent of Users. We do not direct the work or determine how a Service Provider’s services are executed beyond providing the general Platform tools and guidelines. We are not responsible for the conduct, whether negligent or intentional, of any User or Service Provider. This includes any physical harm, theft, or property damage that may occur during an in-person service appointment, or any other wrongful acts by a user of the Platform. Service Providers and Clients acknowledge that they are engaging with each other at their own risk and should take appropriate precautions (such as meeting in safe locations, informing someone else of the appointment, securing valuables, etc.). The Company strongly encourages both Clients and Service Providers to carry appropriate insurance if their activities warrant it, but the Company does not provide any insurance coverage for users.
7.7 Disclaimer of Warranties: To the extent allowed by law, the Company hereby disclaims all warranties and conditions of any kind, whether express or implied, regarding the Platform and any services arranged through it. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or that use of the Platform will result in any specific outcome or business benefit. We cannot guarantee that the Platform will meet your requirements or that it will be free from error or downtime. Users accept that no advice or information (oral or written) obtained from the Company or through the Platform shall create any warranty not expressly stated in these Terms. In jurisdictions that do not allow the exclusion of certain warranties, our liability is limited to the minimum extent permitted by law.
7.8 Legal Compliance and Release: Smart Services will comply with all applicable Thai laws in the operation of the Platform. Users are likewise expected to comply with the law in using the Platform. If the Company receives complaints or official notices alleging that a User or Service Provider has engaged in unlawful conduct (for example, using the Platform for fraud, posting illegal content, etc.), we may investigate and take appropriate action, including providing information to law enforcement as required by law. By using the Platform, you agree to release Smart Services from any liability arising from acts or omissions of other users or third parties during your use of the Platform. The Platform’s performance is subject to existing laws and legal process, and nothing in these Terms will limit our right to comply with law enforcement or other governmental or legal requests or requirements.
8. Personal Data Protection (PDPA Compliance)
8.1 Data Controller: Smart Services Co., Ltd. is the Data Controller for any personal information you provide to the Platform, meaning the Company determines how and why personal data is processed. We collect and use personal data from Users and Service Providers solely for legitimate purposes of operating the Platform and delivering the matchmaking services. This includes information provided during registration (such as names, contact details, identification documents), profile information, service request details, transaction history, payment information, and any communications or content you exchange on the Platform. By using Smart Services, you acknowledge that we will process your personal data as necessary to perform our contract with you (connecting Clients with Service Providers and facilitating services), to comply with legal obligations, and/or based on your consent where required (for instance, for sending marketing communications, which you can opt out of). Our collection, use, and disclosure of personal data will be in accordance with the Thai Personal Data Protection Act (PDPA) and our internal Privacy Policy.
8.2 Purpose Limitation: We will collect and use personal data only for specified purposes. Generally, these purposes include: enabling account creation and verification, allowing Users and Service Providers to connect and communicate, processing bookings and payments, providing customer support, sending necessary service updates or confirmations, and improving our Platform services. We will inform you of any additional purpose at the time of data collection or seek your consent when required. We commit to data minimization, meaning we ask only for data that is relevant and necessary for the stated purposes. We will not use your personal data for unrelated secondary purposes without obtaining your consent (unless otherwise permitted by law).
8.3 Disclosure to Third Parties: Smart Services will treat users’ personal data confidentially and will not disclose personal data to third parties except in the following circumstances: (a) to the counterparties involved in a transaction (e.g., we will share a Client’s first name and relevant contact or location details with a Service Provider who has accepted the Client’s job, so the service can be performed); (b) to thirdparty service providers and partners of Smart Services who perform functions on our behalf and need the data to help operate the Platform (for example, payment processors, identity verification services, IT infrastructure providers) – in such cases, we ensure these parties are bound to protect the data and use it only as instructed by us; (c) when required by law or government order, or to protect the rights, property, or safety of Smart Services, our users, or the public (for example, disclosing information to law enforcement under proper authority); or (d) in the event of a business transfer (such as a merger or acquisition of the Company), in which case the new controlling entity will have the same obligations to protect your data. We do not sell personal data to third-party marketers. Any sharing of personal data will be done in compliance with PDPA requirements and, where necessary, with appropriate safeguards or contracts in place.
8.4 Data Subject Rights: Under the PDPA, individuals (data subjects) have certain rights regarding their personal data held by us. Smart Services is committed to honoring those rights. Your rights include the right to access your personal data and obtain a copy of it, the right to rectify (correct) any inaccurate or outdated personal data, the right to erase or anonymize your personal data in certain circumstances (for example, if it is no longer necessary for us to retain it for the original purpose or if you withdraw consent and we have no other legal basis to keep it), the right to object to certain data processing (such as direct marketing) or to withdraw consent at any time (where consent was the basis for processing), the right to restrict processing of your data under certain conditions, and the right to data portability (to receive or transfer your data in a machine-readable format when applicable) 7
- . To exercise any of these rights, you can contact us through the designated contact channels (e.g., our support email or PDPA contact address). We may request verification of your identity before fulfilling a data request and will respond within the timeframe required by law. Note that some rights may be subject to legal exceptions – for instance, we might retain certain information if required for legal claims or compliance.
- Data Security: The Company implements reasonable security measures to protect personal data against unauthorized access, alteration, disclosure, or destruction. This includes using encryption, access controls, and other technical and organizational measures appropriate to the sensitivity of the data. Users also have a role in keeping their data secure; please maintain the confidentiality of your password and account access as noted in Section 3.3. If Smart Services becomes aware of a data breach that affects your personal data, we will notify affected users and relevant authorities as required by the PDPA and other laws.
- Data Retention: We will retain personal data for as long as necessary to fulfill the purposes for which it was collected, unless a longer retention period is required or permitted by law. For example, account information is kept while your account remains active; transaction records might be kept longer to comply with financial or tax regulations; and certain data may be retained to resolve disputes or enforce our agreements. When personal data is no longer needed, we will securely delete or anonymize it.
- Cross-Border Data Transfers: In general, we store and process user data on servers located in Thailand. However, if we ever need to transfer or store personal data outside of Thailand (for instance, using a cloud service or engaging an overseas service provider), we will ensure that the destination country has adequate data protection standards or that appropriate safeguards (such as standard contractual clauses or binding corporate rules) are in place in accordance with Sections 28-29 of the PDPA 9 10 . In any case, we will comply with all PDPA requirements for cross-border data transfers, including obtaining consent from data subjects if required.
- Privacy Policy: More detailed information about our privacy practices may be provided in a separate Privacy Policy on the Platform. That Privacy Policy is hereby incorporated by reference into these Terms. In the event of any conflict between these Terms and the Privacy Policy regarding personal data matters, the provisions that offer greater protection to user data or stricter compliance with PDPA shall govern. By using the Platform, you also agree to the terms of the Privacy Policy.
9. Intellectual Property
9.1 Platform Content: The Smart Services Platform, including all content, text, graphics, logos, button icons, images, software, and other materials available on the site or app (collectively, “Platform Content”), is the intellectual property of Smart Services Co., Ltd. or its licensors. This content is protected by Thai and international copyright, trademark, patent, and other intellectual property laws. All trademarks and service marks on the Platform (such as the “Smart Services” name and logo) are owned by the Company or by third parties who have authorized their use on the Platform. Users do not acquire any ownership rights in the Platform Content by using the service.
9.2 Permitted Use: Smart Services grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and the Platform Content for your personal or internal business use in connection with the services of the Platform and in accordance with these Terms. This means you may view, download (cache) or print portions of the Platform Content for the purpose of using the Smart Services Platform for its intended functions (for example, reviewing service listings, managing your bookings, etc.). No other use is permitted. You may not copy, reproduce, modify, distribute, create derivative works from, publicly display or perform, republish, upload, or transmit any part of the Platform Content without the prior written consent of Smart Services or the respective rights holder, except as allowed by law (such as brief quotations under fair use).
9.3 Restrictions: Users shall not reverse engineer, decompile, or disassemble any software or technology used to provide the Platform. You agree not to bypass or disable any security or technical features of the Platform that are there to prevent unauthorized copying or usage. You shall not use any automated system (such as bots, spiders, or scrapers) to access the Platform or extract data without our permission. Furthermore, you must not use the Platform in a way that infringes any intellectual property rights of others – for example, you may not upload or share content on the Platform (including profile pictures, descriptions, or feedback) that you do not have the right to use. If you believe that something on the Platform infringes your intellectual property (such as your copyrighted work being posted without permission), you can notify us and we will respond appropriately, including by removing or disabling access to the infringing content if warranted.
9.4 User-Submitted Content: Certain features of the Platform may allow Users or Service Providers to submit content, such as profile information, service descriptions, photos, reviews, ratings, comments, or other materials (“User Content”). By submitting any User Content, you affirm that you either own the rights to that content or have obtained all necessary permissions to submit it and to grant the licenses below. You retain ownership of any intellectual property rights that you hold in the content you post. However, by posting or uploading User Content on the Platform, you grant Smart Services Co., Ltd. a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, adapt, translate, create derivative works from, publicly display and perform, and otherwise utilize such User Content in connection with operating, promoting, or improving the Platform and services. This license survives termination of your account to the extent that the Company may need to retain or display historical content (for example, published reviews that were left while your account was active) but will generally cease when you remove the content or delete your account, subject to routine backups and legal retention requirements.
9.5 Third-Party Intellectual Property: The Platform may contain content owned by third parties (for example, a Service Provider’s business logo or a third-party certification badge). All such third-party content is the sole property and responsibility of the party that provided it. Use of any third-party trademarks or names on the Platform is only to identify those parties’ goods or services and does not imply endorsement by or of those third parties. Nothing in these Terms grants any license or right to use any third-party trademarks, logos, or content outside of the Platform. If you, as a user, misuse or infringe upon the intellectual property rights of others in connection with the Platform, we reserve the right to remove the offending material and, if appropriate, suspend or terminate your account.
10. Suspension and Termination
10.1 By the Company (Suspension/Termination for Cause): Smart Services may suspend or terminate a User’s or Service Provider’s access to the Platform (including blocking certain features or disabling an account entirely) at any time, with or without prior notice, if we determine that: (a) the user has violated these Terms or any other policy that is incorporated into these Terms; (b) the user has engaged in misconduct or actions that are inappropriate, unlawful, or potentially harmful to the Platform or its users; (c) the user has provided false information or refuses to provide required information (such as failing to pass verification checks); or (d) for Service Providers, if you consistently receive poor ratings or complaints or fail to perform services to the standard expected. In less severe cases of violation, the Company may choose to give a warning or require corrective actions before resorting to termination, but we are not obligated to do so. Suspension may include temporary disabling of your account or certain functionalities (for example, preventing a Service Provider from accepting new jobs pending investigation of a complaint). Termination is the permanent closure of your account. When feasible and lawful, we will inform you of the reason for termination or suspension after it occurs.
10.2 By the Company (Convenience or Discontinuation): Smart Services reserves the right to terminate the Platform or any user account for convenience (for example, if we cease operations or if we decide to discontinue a particular service or region) by giving notice to affected users via the email address on file or via an in-app notification. If the entire Platform is being shut down, we will provide users with a reasonable prior notice if possible so that ongoing engagements can be concluded. If only certain accounts are affected (not due to cause), we will also attempt to provide advance notice. Upon such termination, any active service bookings may be canceled and any balances or payments due will be handled as appropriate (refunds to Clients for services not delivered, payment to Service Providers for services already rendered, etc., as per our policies or as required by law).
10.3 By the User or Service Provider: You may choose to deactivate or delete your account at any time if you no longer wish to use the Platform. Users should contact the Platform support or use any available account deletion feature. If you have any pending obligations at the time of account closure (such as an unfinished service or an outstanding payment), you are responsible for fulfilling those obligations even after account deletion. Service Providers who wish to leave the Platform should complete any confirmed bookings or properly cancel them in accordance with our cancellation policy (to avoid harming Clients) before terminating their account.
10.4 Effect of Termination: Upon termination of an account, whether initiated by you or by the Company, your right to access the Platform and its content ceases immediately. The Company will remove or disable your profile from public view. However, the Company may retain certain information associated with your account for record-keeping purposes, to prevent fraud, or to enforce any part of these Terms that survive termination. For example, records of transactions may be kept for accounting and legal reasons. Any licenses or rights you granted to the Company in relation to User Content (Section 9.4) may also survive as described. If your account was terminated due to a breach of these Terms, you may not register a new account or access the Platform without explicit permission from Smart Services. The Company shall not be liable to you for compensation, reimbursement, or damages in connection with termination of access, beyond any refund of unused funds or balances that we determine is owed (if any).
10.5 Outstanding Fees and Resolving Accounts: If at the time of suspension or termination you owe any fees or money to Smart Services or to another user (for example, a cancellation fee or a reimbursement claim), the obligation survives and you agree to pay all amounts due. Conversely, if Smart Services is holding any funds in escrow or otherwise that are due to you (for instance, a Service Provider payout), we will endeavor to release those funds to you minus any offsets for liabilities or claims, in accordance with law and our policies.
10.6 Appeal and Reinstatement: If you believe your account was suspended or terminated in error, you may contact our customer support to request a review. The Company will review such requests at its discretion and determine whether any reactivation is warranted. However, the Company’s decision in this respect is final. There is no guarantee of reinstatement.
10.7 Survival of Terms: Any provisions of these Terms which by their nature should survive termination (including but not limited to intellectual property rights, disclaimers of warranties, limitations of liability, indemnities, governing law, and dispute resolution provisions) shall continue to remain in effect after your access to the Platform has been terminated. Termination of your account does not release you from liability for any breaches of the Terms that occurred prior to termination.
11. Governing Law and Jurisdiction
These Terms of Use and any disputes or claims arising out of or relating to the Platform or these Terms shall be governed by the laws of the Kingdom of Thailand, without regard to its conflict of law principles. All users, whether located in Thailand or abroad, agree that the laws of Thailand will apply to any issues concerning the interpretation or enforcement of these Terms and any services arranged through the Platform.
In the event of a dispute, claim, or controversy between you and Smart Services (or between a Client and a Service Provider, to which Smart Services is joined as a party) that cannot be resolved amicably, such dispute shall be subject to the exclusive jurisdiction of the courts of Thailand. You agree to submit to the jurisdiction of the competent courts of Thailand for the resolution of any legal action, lawsuit, or proceeding arising out of or relating to these Terms or your use of the Platform. Unless mandated otherwise by law, venue for any proceedings shall be in Thailand, and proceedings will be conducted in the Thai language if required by the court (with English translations as necessary).
By agreeing to these Terms, you explicitly waive any objections to the Thai courts’ jurisdiction or claims of inconvenient forum. However, nothing in this clause shall limit Smart Services’ right to seek injunctive relief or enforce judgments in any appropriate jurisdiction as needed.
11.1 Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms shall remain in full force and effect.
11.2 No Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Smart Services in writing.
11.3 Entire Agreement: These Terms (along with any policies or guidelines incorporated by reference) constitute the entire agreement between Smart Services Co., Ltd. and the user (Client or Service Provider) regarding the use of the Platform, and supersede any prior or contemporaneous understandings and agreements, whether written or oral, relating to the same subject matter. No oral statements or representations by any employees or agents of the Company will vary these Terms. Users cannot assign or transfer their rights or obligations under these Terms without the prior written consent of the Company. Smart Services may assign or transfer its obligations and rights under these Terms in connection with a merger, acquisition, sale of assets or by operation of law.
11.4 Governing Language: These Terms are provided in English. If Smart Services provides a Thai language version or any other language version of these Terms, those are provided for convenience. In case of any inconsistency or ambiguity between the English version and a translated version, the English version shall prevail for purposes of interpretation and enforcement (unless explicitly required otherwise by Thai law, in which case an official Thai version may control).
11.5 Contact and Notices: All legal notices or communications required under these Terms should be delivered to Smart Services at the contact information provided in Section 1. The Company may send you notices via the email associated with your account or via notifications within the Platform. It is your responsibility to keep your contact information up to date. Notices shall be deemed delivered and received upon the first business day after sending (for email) or immediately upon posting (for inPlatform notifications).
By using the Smart Services Platform, you acknowledge that you have read, understood, and agreed to these Terms of Use. We thank you for using Smart Services and for adhering to these terms, which are designed to ensure a fair and safe marketplace for all participants.