Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the SmartVault platform (the “Platform” or “Services”) operated by SmartVault (“SmartVault”, “we”, “us”, or “our”).

By accessing or using the Platform, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Platform.

1. Nature of the Service

SmartVault is a digital documentation and reporting platform only. SmartVault does not provide vehicle storage, custody, maintenance, valuation, insurance, or any physical services. SmartVault does not assume any responsibility for the physical condition, safety, security, or value of any vehicle or asset documented on the platform.

Condition assessments, valuation estimates, and any other data presented through the Platform are provided for informational purposes only and do not constitute professional appraisals, warranties, or guarantees. Users should not rely solely on SmartVault data for insurance, financial, or legal decisions without independent professional advice.

2. Eligibility and Accounts

You must be at least 18 years of age to use the Platform. By creating an account, you represent and warrant that you meet this requirement and that all information you provide is true, accurate, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@smartvaultapp.io of any unauthorised use of your account.

There are two types of accounts on the Platform: (i) Operator accounts, held by vehicle storage or custody businesses that document their operations through the Platform; and (ii) Client accounts, held by individuals whose vehicles are documented by an Operator. Operators and Clients each have distinct rights and responsibilities as set out in these Terms.

3. Acceptable Use

You agree not to use the Platform to:

• Upload false, fraudulent, or misleading information about any vehicle or asset;
• Infringe the intellectual property, privacy, or other rights of any person;
• Introduce viruses, malware, or any other harmful code;
• Attempt to gain unauthorised access to any part of the Platform, other user accounts, or connected systems;
• Scrape, reverse-engineer, or otherwise extract data from the Platform except as expressly permitted;
• Use the Platform to facilitate any unlawful activity;
• Impersonate any person or misrepresent your affiliation with any organisation.

We reserve the right to suspend or terminate any account that violates these Acceptable Use provisions, at our sole discretion and without notice.

4. Your Data

You retain all ownership rights in the data you submit to the Platform (“Your Data”). By submitting Your Data, you grant SmartVault a limited, worldwide, non-exclusive, royalty-free licence to host, process, and display Your Data solely as necessary to operate the Platform and provide the Services to you.

SmartVault may use anonymised and aggregated data derived from platform usage for analytics, benchmarking, and service improvement purposes. By using the Platform, you consent to this use of anonymised data. Anonymised data does not identify you, your business, or any individual vehicle or customer.

Where you submit personal data about third parties (for example, your own clients’ contact details) through the Platform, you represent and warrant that you have the legal right to do so and that you have obtained all necessary consents. In such cases, SmartVault acts as a data processor on your behalf, and the terms of processing are governed by a separate Data Processing Agreement available on request.

5. Fees and Payment

Access to certain features of the Platform requires payment of subscription fees. Current pricing is made available at the point of sale or in your account settings. All fees are exclusive of applicable taxes, which you are responsible for paying.

Subscriptions renew automatically for successive terms unless cancelled before the end of the current billing period. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law.

If a payment fails, we may suspend access to paid features until the payment is resolved. Repeated payment failures may result in account termination.

6. Intellectual Property

The Platform, including its software, design, logos, trademarks, and all content provided by SmartVault (excluding Your Data), is the property of SmartVault or its licensors and is protected by intellectual property laws. You are granted a limited, revocable, non-transferable, non-exclusive licence to access and use the Platform solely in accordance with these Terms.

You may not copy, modify, distribute, sell, or create derivative works of the Platform or any SmartVault content without our prior written consent.

7. Third-Party Services

The Platform integrates with third-party services, including but not limited to hosting, payment processing, email delivery, and artificial intelligence providers. These third parties are identified in our Privacy Policy. Your use of such third-party services may be subject to their own terms and privacy policies. SmartVault is not responsible for the acts or omissions of any third-party service provider.

8. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SmartVault does not warrant that the Platform will be uninterrupted, error-free, secure against all threats, or that any data displayed is accurate, complete, or current. Without limiting the foregoing, SmartVault makes no representations or warranties regarding the condition, authenticity, provenance, value, or history of any vehicle documented on the Platform.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTVAULT, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use of or inability to use the Platform;
• Any physical damage, loss, theft, or deterioration of any vehicle or asset documented on the Platform;
• Any decision made or action taken based on data obtained from the Platform;
• Any unauthorised access to or alteration of Your Data;
• Any conduct or content of any third party on the Platform.

SmartVault’s total aggregate liability to you under these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the greater of (i) the total amount paid by you to SmartVault in the twelve (12) months preceding the event giving rise to the liability, or (ii) £100.

Nothing in these Terms excludes or limits liability which cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

10. Indemnity

You agree to indemnify and hold harmless SmartVault, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms, your misuse of the Platform, or your violation of any law or the rights of any third party.

11. Termination

You may terminate your account at any time through the Platform’s account settings. SmartVault may suspend or terminate your access to the Platform at any time, with or without notice, if you breach these Terms or if we determine that continued provision of the Services to you poses a risk to the Platform or to other users.

Upon termination, your right to access the Platform ends immediately. Your Data will be handled in accordance with our Privacy Policy and our data retention practices. You may request export of Your Data for a limited period following termination.

Sections which by their nature should survive termination, including sections on Intellectual Property, Disclaimers, Limitation of Liability, Indemnity, and Governing Law, shall survive.

12. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by updating the “Last updated” date at the top of this page and, where appropriate, by email or in-app notice. Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the changes.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of France, save that nothing in these Terms shall prevent either party from seeking injunctive relief in any competent jurisdiction to protect its intellectual property or confidential information.

If you are a consumer resident in the European Union or the United Kingdom, you may also have the right to bring proceedings in the courts of the country in which you reside, and certain mandatory consumer protections under local law shall continue to apply.

14. General

These Terms, together with our Privacy Policy and any Data Processing Agreement executed between you and SmartVault, constitute the entire agreement between you and SmartVault regarding the Platform and supersede all prior agreements. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.

15. Contact

If you have any questions about these Terms, please contact us: