Legal

Terms & Conditions

Please read these terms carefully before installing or using SMMart Manager.

Effective Date: 11 March 2026 | Version 1.0

Please read these Terms and Conditions carefully before installing or using SMMart Manager. By installing the plugin, activating a licence, or using any part of our service, you agree to be bound by these terms. If you do not agree, do not install or use the plugin.

These terms constitute a legally binding agreement between you (the licence holder) and Mediaholic Marketing (Pty) Ltd t/a SMMart Manager, a company registered in South Africa.

1. Definitions

In these Terms and Conditions, the following words have the meanings set out below:

“Agreement” means these Terms and Conditions, together with our Privacy Policy and any licence confirmation email.
“Plugin” means the SMMart Manager WordPress plugin software, including all updates and upgrades.
“Licence Server” means the service hosted at smmartmanager.ai that manages licences, OAuth tokens, and usage tracking.
“Service” means the Plugin and Licence Server together, including all related features and functionality.
“You” or “Licence Holder” means the individual or entity that has installed the Plugin or purchased a licence.
“We”, “Us”, or “Our” means Mediaholic Marketing (Pty) Ltd t/a SMMart Manager.
“Meta Platforms” means Facebook, Instagram, and any other platforms operated by Meta Platforms, Inc.
“Third-Party Services” means Meta Platforms, Anthropic (Claude AI), TinyURL, and any other external services the Plugin integrates with.
“Free Tier” means the no-cost licence permitting up to 4 posts per calendar month.
“Paid Tier” means a paid licence subscription providing higher usage limits and additional features as described on our website.

2. Acceptance of Terms

By taking any of the following actions, you confirm that you have read, understood, and agree to be bound by this Agreement:

Installing or activating the SMMart Manager Plugin
Connecting your Meta account via the OAuth flow
Purchasing a licence for any Paid Tier
Using any feature of the Plugin or Licence Server

If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement.

We reserve the right to update these Terms and Conditions at any time. We will notify active licence holders of material changes by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated terms.

3. Licence Grant

3.1 Free Tier

Subject to these terms, we grant you a non-exclusive, non-transferable, revocable licence to install and use the Plugin on one WordPress website for personal or commercial purposes, subject to a limit of 4 posts per calendar month.

The Free Tier is provided at no charge and may be modified, limited, or discontinued at any time with reasonable notice.

3.2 Paid Tiers

Upon purchase of a Paid Tier licence, we grant you a non-exclusive, non-transferable licence to use the Plugin in accordance with the tier limits described at the time of purchase and confirmed in your licence confirmation email.

Paid Tier licences are valid for the subscription period purchased. Access to Paid Tier features will cease at the end of the subscription period unless renewed.

3.3 Licence Restrictions

You may not:

Copy, modify, distribute, sell, or transfer the Plugin or any part of it
Reverse engineer, decompile, or disassemble the Plugin
Use the Plugin on more websites than your licence permits
Share, resell, or sublicense your licence key to any third party
Use the Plugin in any way that violates applicable laws or these terms
Use the Plugin to publish content that is unlawful, defamatory, harassing, or infringes any third-party rights
Attempt to circumvent usage limits, licence validation, or any other technical restriction

4. Third-Party Services and API Dependencies

4.1 Dependency on Third-Party APIs

The Plugin’s functionality depends on third-party services including Meta’s Graph API and Anthropic’s Claude API. You acknowledge and agree that:

The availability and functionality of the Plugin is partially dependent on these third-party services
We have no control over changes, outages, rate limits, policy changes, or discontinuation of these services
We are not liable for any loss of functionality caused by changes to or unavailability of Third-Party Services
You are responsible for complying with the terms and policies of all Third-Party Services you use in conjunction with the Plugin

4.2 Meta Platform Compliance

By using the Plugin to publish to Facebook and Instagram, you agree to comply with:

Meta’s Terms of Service and Community Standards
Meta’s Platform Terms and Developer Policies
Instagram’s Community Guidelines

You are solely responsible for all content published through the Plugin. We are not responsible for any action taken by Meta against your account, including suspension or termination, arising from your use of the Plugin.

4.3 Meta Policy Changes and Automation

Meta Platforms, Inc. reserves the right to change its platform policies, API terms, and permitted use cases at any time without notice. You acknowledge and agree that:

Meta may at any time restrict, limit, or prohibit the use of third-party automation tools, including plugins such as SMMart Manager, with or without prior notice
If Meta changes its policies in a way that prevents the Plugin from functioning, we are not liable for any resulting loss of functionality, loss of access to your accounts, or any other consequence
We are not responsible for any enforcement action taken by Meta against your account as a result of your use of the Plugin, including account suspension, restriction, or termination
No refund is due in the event that Meta policy changes render the Plugin non-functional, as this is outside our reasonable control
We will make reasonable efforts to update the Plugin to remain compliant with Meta’s policies where technically and commercially feasible, but cannot guarantee continued compatibility

By using SMMart Manager, you accept the inherent risk that third-party platform policy changes may affect the Plugin’s functionality at any time. We strongly recommend staying informed of Meta’s current Platform Terms.

4.4 Your Account Security Responsibilities

SMMart Manager connects to your Meta accounts using OAuth access tokens. It is important to understand what we store and what we do not:

We do not store your Meta username, password, or any login credentials
We store only an OAuth access token — a permission key issued by Meta that allows the Plugin to publish on your behalf
This token grants limited, specific permissions only: the ability to publish posts to your connected Page and Instagram account
If our systems were ever breached, an attacker could potentially misuse a stolen token to publish content to your accounts, but could not log into your Meta account, access your password, or perform any action beyond what the token permits
You can revoke a token at any time via Facebook Settings → Security and Login → Apps and Websites, which immediately invalidates access

You are responsible for the security of your own Meta accounts and WordPress installation. We strongly recommend:

Enabling two-factor authentication (2FA) on your Facebook and Instagram accounts
Maintaining at least one backup admin on your Facebook Page in case your primary account loses access
Keeping your WordPress installation, themes, and all plugins updated
Using a strong, unique password for your WordPress admin account
Reviewing the apps connected to your Facebook account periodically via Facebook Settings

We are not liable for any loss, damage, or unauthorised activity resulting from your failure to maintain adequate security on your own accounts or WordPress installation.

4.5 AI-Generated Content

The Plugin uses Anthropic’s Claude AI to generate social media captions. You acknowledge that:

AI-generated captions are suggestions only and may not always be accurate, appropriate, or suitable for your brand
You are responsible for reviewing and approving all AI-generated content before publishing
We make no warranty as to the quality, accuracy, or suitability of AI-generated captions
You are solely responsible for any content you publish, regardless of whether it was AI-generated

4.6 Link Shortening

The Plugin uses TinyURL to shorten product URLs included in posts. You acknowledge that short links are subject to TinyURL’s own terms of service and availability. We are not responsible for the availability or behaviour of shortened links.

4.7 Hosting Environment Compatibility

The Plugin requires your WordPress hosting environment to permit certain outbound and inbound network connections in order to function correctly. Specifically:

The Plugin transmits product images and data outbound to Meta’s Graph API and Anthropic’s API
Meta’s servers must be able to access your product images by downloading them directly from your website during the publishing process
Some hosting environments, web application firewalls (WAF), ModSecurity rulesets, or server-level firewall configurations may block these connections, causing publishing to fail

You acknowledge and agree that:

It is your responsibility to ensure that your hosting environment, server configuration, and any active firewall or WAF rules permit the connections required by the Plugin
We are not responsible for any failure of the Plugin caused by your hosting provider’s server configuration, firewall rules, WAF policies, or any restriction applied at the server level
Failures caused by your hosting environment are not defects in the Plugin and do not entitle you to a refund
We will provide reasonable guidance and documentation to help you or your hosting provider resolve compatibility issues, but we cannot access, configure, or modify your server on your behalf
If your hosting provider is unable or unwilling to make the necessary configuration changes, this is a limitation of your hosting environment and not a failure of the Plugin

Common hosting-related issues and their solutions are documented in our support resources at https://smmartmanager.ai. We recommend consulting this documentation and your hosting provider before contacting our support team for issues of this nature.

5. Acceptable Use

You agree to use the Plugin only for lawful purposes and in accordance with these terms. You must not use the Plugin to:

Publish spam, unsolicited commercial messages, or misleading content
Publish content that infringes any intellectual property rights, including copyright or trademarks
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Publish content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or discriminatory
Attempt to gain unauthorised access to any system, account, or data
Interfere with or disrupt the integrity or performance of the Service or Third-Party Services
Use automated means to exceed usage limits or circumvent licence restrictions

We reserve the right to suspend or terminate your licence immediately if we determine, in our sole discretion, that you have violated these acceptable use requirements.

6. Payment and Subscriptions

6.1 Pricing

Paid Tier pricing is as published on our website at the time of purchase. We reserve the right to change pricing at any time. Price changes will not affect active subscription periods already paid for.

6.2 Billing

Paid Tier licences are billed on a subscription basis for the period selected at checkout. Payment is due in full at the start of each billing period. Licences are not activated until payment is confirmed.

6.3 Automatic Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled. You will receive a reminder email before renewal. It is your responsibility to cancel before the renewal date if you do not wish to continue.

6.4 Failed Payments

If a payment fails, we will attempt to notify you by email. Access to Paid Tier features may be suspended until payment is resolved. We are not liable for any loss resulting from suspension due to failed payment.

6.5 Taxes

All prices are exclusive of applicable taxes. You are responsible for any value-added tax (VAT), sales tax, or other taxes applicable in your jurisdiction.

7. Refund Policy

7.1 Free Tier

No payment is taken for the Free Tier. No refunds are applicable.

7.2 Paid Tiers — 7-Day Refund Window

We offer a 7-day refund from the date of initial purchase for new Paid Tier subscriptions. To request a refund within this period, contact us at donovan@mediaholic.co.za with your order details. Refunds are processed within 10 business days.

Refunds will not be issued in the following circumstances:

Requests made more than 7 days after the initial purchase date
Renewal charges — you must cancel before the renewal date to avoid being charged
Where we have evidence of a breach of these Terms and Conditions
Partial periods — if you cancel mid-subscription, the remaining period is not refunded

7.3 Service Disruptions

We do not offer refunds for temporary service disruptions caused by Third-Party Services (including Meta API outages), scheduled maintenance, or circumstances beyond our reasonable control.

7.4 Consumer Rights

Nothing in this refund policy limits your statutory rights under South African consumer protection law, including the Consumer Protection Act, 68 of 2008, where applicable.

8. Intellectual Property

8.1 Our Property

The Plugin, Licence Server, and all related software, code, design, branding, and documentation are the intellectual property of Mediaholic Marketing (Pty) Ltd. All rights are reserved. Nothing in these terms grants you any rights in our intellectual property other than the limited licence set out in Section 3.

8.2 Your Content

You retain all rights to the product content, images, and descriptions you use with the Plugin. By using the Plugin, you grant us no rights over your content except as necessary to operate the Service (for example, transmitting images to Meta’s API on your instruction).

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Plugin, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose without obligation to you.

9. Disclaimers and Warranties

The Plugin and Service are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including:

Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement
Any warranty that the Plugin will be uninterrupted, error-free, or free of harmful components
Any warranty regarding the accuracy, reliability, or completeness of AI-generated captions
Any warranty that the Plugin will be compatible with all WordPress themes, plugins, or hosting environments
Any warranty regarding the continued availability of Third-Party Services

We do not warrant that use of the Plugin will result in any particular social media reach, engagement, sales, or business outcome.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Mediaholic Marketing (Pty) Ltd, its directors, employees, or agents be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, business, or goodwill
Loss of or damage to content, posts, or social media accounts
Costs of procuring substitute goods or services
Any damages arising from your reliance on AI-generated content
Any damages arising from changes to or unavailability of Third-Party Services, including Meta APIs
Any action taken by Meta or other platforms against your accounts

In any event, our total aggregate liability to you for all claims arising out of or relating to this Agreement shall not exceed the total amount paid by you for the Service in the three months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mediaholic Marketing (Pty) Ltd and its 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 use of the Plugin or Service
Content you publish using the Plugin
Your violation of these Terms and Conditions
Your violation of any rights of a third party, including Meta’s Platform Policies
Your violation of any applicable law or regulation

12. Suspension and Termination

12.1 Termination by You

You may cancel your subscription at any time through your account on smmartmanager.ai or by contacting us. Cancellation takes effect at the end of the current billing period. No refund is given for unused time within the current period.

12.2 Termination by Us

We may suspend or terminate your licence and access to the Service immediately and without notice if:

You breach any provision of these Terms and Conditions
We are required to do so by law or by Meta’s Platform Policies
We determine your use poses a risk to the Service or other users
You fail to pay any amounts due

12.3 Effect of Termination

Upon termination for any reason:

Your licence to use the Plugin ceases immediately
Your OAuth tokens and account data will be deleted from our Licence Server
The Plugin will continue to exist on your WordPress installation but will cease to function
You remain responsible for any outstanding payments

Sections 8, 9, 10, 11, and 14 survive termination of this Agreement.

13. Service Availability

We aim to maintain a high level of availability for the Licence Server but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible.

If the Licence Server is unavailable, the Plugin on your site may be unable to publish posts or validate your licence. We are not liable for any losses resulting from downtime.

We reserve the right to modify, suspend, or discontinue the Service or any feature at any time. Where we discontinue the Service entirely, we will provide a minimum of 30 days’ notice to active licence holders and will issue pro-rata refunds for unused paid subscription periods.

14. Governing Law and Disputes

14.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

14.2 Dispute Resolution

In the event of a dispute, we encourage you to contact us first at donovan@mediaholic.co.za so that we may attempt to resolve the matter informally. If the dispute cannot be resolved informally within 30 days, it shall be submitted to the jurisdiction of the courts of KwaZulu-Natal, South Africa.

14.3 Consumer Rights

Nothing in this Agreement limits your rights under the Consumer Protection Act, 68 of 2008, the Electronic Communications and Transactions Act, 25 of 2002, or any other applicable South African consumer protection legislation.

15. General Provisions

15.1 Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us regarding the Service and supersedes all prior agreements and understandings.

15.2 Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including but not limited to acts of God, internet outages, third-party API changes, government actions, or other events outside our reasonable control.

15.6 Notices

Notices to us must be sent to donovan@mediaholic.co.za. Notices to you will be sent to the email address associated with your licence account.

16. Contact Us

For any questions or concerns about these Terms and Conditions, please contact us:

Mediaholic Marketing (Pty) Ltd t/a SMMart Manager
Email: donovan@mediaholic.co.za
Address: 61 Mackeurtan Avenue, Durban North, KwaZulu-Natal, 4051, South Africa
Website: https://smmartmanager.ai