Last Updated: December 16, 2025

These Terms of Service (“Terms”) govern access to and use of the Smart FDS platform and services (the “Services”) provided by Smart FDS, Inc., Suite No. 8, The Green Ste R, Dover, Delaware 19901, USA (“Smart FDS,” “we,” “us,” or “our”).

By accessing, registering for, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility & Authority

You represent that:

  • You are at least 18 years old, and
  • You have the legal authority to enter into these Terms on behalf of yourself or the entity you represent.

If you are acting as a partner, agency, cooperative, or service provider managing multiple farms or businesses, you represent that you are authorized to bind those parties and remain responsible for their use of the Services.

2. Description of Services

Smart FDS provides a cloud-based farm delivery management platform (“Farm Delivery Software” or “FDS”) that enables online ordering, subscriptions, deliveries, invoicing, payments, customer management, inventory tracking, route planning, billing automation, and reporting.

The Services are provided exclusively as software-as-a-service (SaaS). No software is installed on your local systems.

3. Account Registration & Access

You are responsible for:

  • Maintaining accurate account information
  • Safeguarding login credentials
  • All activity occurring under your account

You may only allow access to authorized users within your organization.

4. License & Acceptable Use

Smart FDS grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your internal business purposes during your active subscription.

You may not:

  • Resell, sublicense, or commercially exploit the Services
  • Reverse engineer or attempt to extract source code
  • Use the Services to build or offer a competing product
  • Interfere with system integrity or security
  • Use the Services for unlawful, fraudulent, or abusive purposes

5. Customer Data & Feedback

Customer Data

You retain ownership of all data you submit to the Services (“Customer Data”). You grant Smart FDS a limited right to host, process, transmit, and display Customer Data solely to operate and improve the Services.

Feedback

Any feedback you provide may be used by Smart FDS without restriction or obligation.

6. Payments & Subscriptions

  • Fees are charged in advance based on your selected plan
  • Subscriptions renew automatically unless cancelled
  • All fees are non-refundable
  • Late payments may result in suspension or termination

All payments are processed in U.S. dollars. Taxes are your responsibility unless otherwise stated.

7. Third-Party Payment Processing

Payment features may rely on third-party payment gateways. Smart FDS does not store or process credit card data and is not responsible for third-party payment disputes, failures, or fraud.

8. Availability & Support

We aim to provide continuous service availability but do not guarantee uninterrupted access. Planned maintenance and force majeure events may result in downtime.

Support is provided in accordance with our support policy and business hours.

9. Suspension & Termination

We may suspend or terminate access if you:

  • Fail to pay fees
  • Breach these Terms
  • Misuse the Services
  • Cease business operations

Upon termination:

  • Your access ends immediately
  • Your data may be permanently deleted within 48 hours
  • No refunds will be issued

10. Intellectual Property

All rights, title, and interest in the Services, software, and documentation remain the exclusive property of Smart FDS. No ownership rights are transferred to you.

11. Confidentiality

Both parties agree to protect confidential information and use it only as permitted under these Terms, except where disclosure is required by law.

12. Warranties & Disclaimers

The Services are provided “as is” and “as available.”
We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the maximum extent permitted by law:

  • Smart FDS will not be liable for indirect or consequential damages
  • Our total liability will not exceed the fees paid by you in the three (3) months preceding the claim

14. Indemnification

You agree to indemnify and hold harmless Smart FDS from claims arising from your data, use of the Services, or violation of these Terms.

15. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, and disputes shall be resolved exclusively in Delaware courts.

16. Modifications

We may update these Terms from time to time. Continued use of the Services after changes constitutes acceptance.

17. Contact

For questions regarding these Terms, contact:
questions@smartfds.com (or your preferred legal contact)

Comments are closed.