SmartSpend Contact

Terms of Use

App: SmartSpend
Operator: Firmeza Consulting cc
Effective Date: 05 April 2026
Last Updated: 05 April 2026

1. Acceptance of Terms

By downloading, installing, or using SmartSpend (the "App"), you ("User," "you") enter into a binding agreement with Firmeza Consulting cc, a close corporation registered under the laws of the Republic of Namibia ("we," "us," "our"). If you do not agree to these Terms of Use ("Terms"), you must not use the App.

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, and all other notices published at [APP_STORE_URL_OR_WEBSITE] (collectively, the "Legal Documents"). In the event of a conflict between these Terms and any other Legal Document, these Terms govern unless the other document expressly states otherwise.

SmartSpend is made available for use worldwide. These Terms apply to all users regardless of their country or territory of residence. Where mandatory local consumer protection or data protection law grants you rights that cannot be excluded by contract, those rights are preserved and unaffected by these Terms.

2. Eligibility and Legal Capacity

2.1 Legal capacity. You represent that you have the legal capacity to enter into a binding contract under the laws of your jurisdiction and that you are not prohibited from using the App under any applicable law. We do not impose a universal minimum age, but you are responsible for ensuring your use of the App complies with any age-related requirements that apply in your country of residence.

2.2 Parental or guardian responsibility. If you permit a minor (as defined by your local law) in your care to use the App, you accept full responsibility for ensuring their use is lawful and appropriate, and you agree to these Terms on their behalf.

2.3 We do not knowingly collect personal data from persons who lack legal capacity to consent under applicable law. If we become aware of such collection, we will delete the relevant data promptly.

3. Description of the App

SmartSpend is a personal finance management application that operates primarily in a local-first mode: financial data (transactions, budgets, savings goals, subscriptions) is stored on your device. An optional backend authentication service may be enabled for account management and session handling. The App does not connect to your bank accounts, payment processors, or financial institutions on your behalf, and does not execute financial transactions.

Features include, but are not limited to: transaction tracking, budget management, savings goals, subscription management, spending insights and forecasting, recurring cashflow views, report export (PDF/CSV), local notifications, and exchange-rate lookups via third-party data providers.

4. Account Registration (Backend Mode)

4.1 Where the optional backend service is enabled, you may create an account using a valid email address. You must provide accurate, complete, and current information.

4.2 You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must notify us immediately at support@smaartspend.com of any suspected unauthorized access.

4.3 We reserve the right to suspend or terminate accounts that we reasonably believe involve misrepresentation, fraudulent activity, or breach of these Terms.

5. Local-First Architecture and Your Data

5.1 Your financial data is stored locally on your device in an encrypted database. We do not have routine access to this data unless you explicitly export or share it.

5.2 You are solely responsible for maintaining device backups. We expressly disclaim any liability for data loss resulting from device failure, OS updates, App uninstallation, or any other cause beyond our reasonable control.

5.3 Where you use the export or OS share-sheet functionality, you assume responsibility for the security and handling of any exported files from the point of export.

6. Biometric Authentication

The App may offer local biometric unlock (e.g., Face ID, fingerprint) using your device's operating system APIs. The App does not store, process, or transmit raw biometric data. All biometric matching is performed entirely by your device's OS. We have no access to your biometric data.

7. Exchange-Rate Data

Exchange-rate information is retrieved from third-party providers (see Third-Party Services Notice). All exchange-rate figures displayed in the App are labelled "for reference only" and are provided solely for personal budgeting purposes. They may not reflect real-time or commercially accurate rates and may be delayed or inaccurate due to third-party data feed issues. You must not rely on this data for any commercial currency conversion, investment decision, or financial dealing. In the event of a discrepancy between App exchange-rate data and actual market rates, the actual market rates prevail.

8. Financial Information - No Advice

Nothing in the App or these Terms constitutes financial, investment, tax, or legal advice. Insights and spending analyses generated by the App are based solely on data you input; they are illustrative estimates of patterns and projections - not recommendations - and may not be accurate. You should consult a qualified professional before making any financial decision. See our Disclaimers document for full scope.

9. Intellectual Property

9.1 The App, including all software, design, trademarks, and content owned or licensed by Firmeza Consulting cc, is protected by copyright, trademark, and other intellectual property laws applicable in the relevant jurisdiction. These Terms do not transfer any intellectual property rights to you.

9.2 You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes, subject to these Terms.

9.3 You must not: reverse engineer, decompile, or disassemble the App except to the extent expressly permitted by mandatory applicable law; copy, modify, or create derivative works; distribute, sublicense, sell, or commercially exploit the App; or remove any proprietary notices.

10. User Content and Exports

You retain ownership of the personal data and content you enter into the App. By exporting or sharing reports, you represent that you have the right to share any third-party information included in those reports and that such sharing complies with applicable law.

11. Acceptable Use

Your use of the App is subject to our Acceptable Use Policy, incorporated herein. Key prohibitions include using the App for any unlawful purpose, attempting to circumvent security features, interfering with the App's operation, or attempting to access backend systems without authorization.

12. Third-Party Services

The App integrates with third-party exchange-rate providers and relies on OS-level APIs (notifications, biometrics, secure storage). We are not responsible for the availability, accuracy, or conduct of third parties. See our Third-Party Services Notice.

13. Availability and Updates

13.1 We do not warrant uninterrupted or error-free availability of the App or any connected services. We may modify, suspend, or discontinue the App or any feature at any time, with or without notice.

13.2 We may issue updates to the App. Continued use following an update constitutes acceptance of any changes to features. Where an update materially changes these Terms, we will provide notice as described in Section 18.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.

Nothing in these Terms excludes or limits warranties that cannot be excluded or limited under mandatory consumer protection law in your jurisdiction.

15. Limitation of Liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Firmeza Consulting cc AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

15.2 IN JURISDICTIONS THAT DO NOT PERMIT EXCLUSION OF CONSEQUENTIAL DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.

15.3 Aggregate cap. Where liability cannot be fully excluded, our total cumulative liability to you for all claims arising out of or relating to these Terms or the App shall not exceed the greater of (a) the amount you paid us for the App in the twelve (12) months preceding the claim or (b) USD 100 (or local currency equivalent at prevailing rates).

15.4 Consumer rights savings clause. Nothing in this Section limits statutory rights you may have under applicable mandatory consumer protection legislation, including but not limited to rights under the Namibia Consumer Protection Framework, EU consumer directives, the UK Consumer Rights Act 2015, the Australian Consumer Law, or equivalent national legislation.

16. Indemnification

You agree to indemnify, defend, and hold harmless Firmeza Consulting cc and its affiliates from and against any third-party claims, liabilities, damages, and costs (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of applicable law; or (c) your use of export or sharing features in a manner that infringes third-party rights.

17. Governing Law and Dispute Resolution

17.1 These Terms are governed by the laws of the Republic of Namibia, without regard to conflict-of-laws principles.

17.2 Any dispute arising from or relating to these Terms or the App that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of the Republic of Namibia, except where mandatory consumer protection laws of your country of residence grant you the right to bring proceedings in local courts, in which case such local jurisdiction is also available to you.

17.3 International users. We acknowledge that users in the EU, UK, Australia, and other jurisdictions may have mandatory statutory rights to bring claims before local courts or alternative dispute resolution schemes. Nothing in this Section limits those rights.

17.4 Nothing in this Section prevents either party from seeking urgent injunctive or other equitable relief from a competent court.

18. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 14 days' advance notice via in-app notification, email (if registered), or notice at [APP_STORE_URL_OR_WEBSITE]. Your continued use of the App after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must cease using the App.

19. Termination

19.1 You may stop using the App at any time. Uninstalling the App removes locally stored data.

19.2 We may suspend or terminate your access (in backend mode) immediately if you materially breach these Terms, engage in conduct that poses a security risk, or if required by law.

19.3 Sections 8, 9, 14, 15, 16, 17, and 20 survive termination.

20. General Provisions

20.1 Entire agreement. These Terms and the incorporated Legal Documents constitute the entire agreement between you and Firmeza Consulting cc regarding the App and supersede any prior agreements.

20.2 Severability. If any provision is found unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force.

20.3 No waiver. Our failure to enforce any right or provision shall not constitute a waiver.

20.4 Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction in connection with a corporate restructuring, merger, or asset sale.

20.5 Force majeure. We are not liable for failure or delay caused by circumstances beyond our reasonable control, including acts of God, civil unrest, cyberattacks on critical infrastructure, or telecommunications failures.

20.6 Language. These Terms are provided in English. Where translated versions are provided as a convenience, the English version prevails in the event of any inconsistency.

20.7 Contact. General inquiries: support@smaartspend.com. Legal notices: 030915, Namibia.