Terms & Conditions
Effective date: 29 August 2026
These Terms & Conditions (“Terms”) govern your registration for and use of the SmartHarta website, applications, portals, subscription plans, add-ons, and related services (collectively, the “Service”). By creating an account, purchasing a subscription, or using the Service, you agree to these Terms and our Privacy Policy.
1. Account Eligibility and Responsibility
You must provide complete and accurate registration information and keep it updated. You are responsible for protecting your login credentials and for all activities performed through your account, including activities by your staff, team members, maintainers, tenants, and other authorised users.
2. Scope of the Service
SmartHarta provides software tools for property, unit, tenant, invoice, expense, maintenance, document, and team management. SmartHarta is not a real estate agent, property manager, legal adviser, accountant, tax adviser, financial adviser, or investment adviser. You remain responsible for your property operations and decisions.
3. Property, Tenant, and Personal Data
You confirm that you have the necessary authority, lawful basis, notices, and consents to collect, upload, use, and process information relating to properties, tenants, staff, maintainers, and other individuals. You must use the Service in accordance with applicable Malaysian data-protection laws, including the Personal Data Protection Act 2010 and its amendments.
You are responsible for the accuracy of data entered into the Service and for responding to lawful requests from individuals concerning their personal data.
4. Staff, Team Members, and Maintainers
Owners are responsible for assigning suitable roles, permissions, and property access. A staff member with no assigned property may be unable to view property-related records. Actions performed by users whom you authorise are treated as actions taken under your account.
5. Free Plan
The Free Plan is subject to the limits displayed on the Service. SmartHarta may revise Free Plan features or limits by providing reasonable notice. A Free Plan does not create an entitlement to permanent access to any particular paid feature.
6. Paid and Ala-Carte Plans
Subscription prices, included features, usage limits, and billing periods are those displayed and confirmed at the time of purchase. Ala-Carte calculator totals are estimates until SmartHarta confirms the configuration and payment. Additional units are supplied in bundles of 10 unless stated otherwise.
7. Payments, Taxes, and Renewals
You authorise SmartHarta and its payment providers to charge the applicable fees. Prices are stated in Malaysian Ringgit unless indicated otherwise. You are responsible for applicable taxes and for maintaining a valid payment method.
Stripe may support automatic recurring payments. Certain ToyyibPay payments may require manual renewal. The checkout page will indicate the applicable billing arrangement.
8. Cancellations and Refunds
You may cancel an eligible recurring subscription through the available account controls or by contacting SmartHarta. Cancellation stops future renewals but does not automatically refund amounts already paid. Unless required by law or expressly agreed in writing, fees are non-refundable and access continues until the end of the paid billing period.
9. Failed or Overdue Payments
If payment fails, is reversed, or becomes overdue, SmartHarta may restrict features, stop add-ons, downgrade the account, or suspend access after reasonable notice. You remain responsible for outstanding charges.
10. Usage Limits and Add-ons
You must remain within the limits of your plan and active add-ons. Add-on capacity is available only while the relevant add-on remains active. SmartHarta may prevent the creation of additional records when a limit is reached.
11. Prohibited Use
You must not:
- upload unlawful, fraudulent, infringing, malicious, or misleading content;
- access another person’s account or data without authority;
- circumvent usage limits, security controls, or access restrictions;
- introduce malware or interfere with the operation of the Service;
- use the Service for spam, harassment, fraud, or unlawful surveillance; or
- copy, resell, sublicense, or reverse engineer the Service except where permitted by law.
12. Availability and Maintenance
SmartHarta aims to provide a reliable Service but does not guarantee uninterrupted, error-free, or fully secure operation. Scheduled maintenance, urgent security work, internet failures, third-party outages, and circumstances beyond reasonable control may cause temporary disruption.
13. Backups and Data Export
SmartHarta takes reasonable measures to protect and back up platform data. You should retain independent copies of important agreements, receipts, invoices, statutory records, and property documents. You are responsible for exporting data you require before your account ends.
14. Third-Party Services
The Service may integrate with payment gateways, WhatsApp, Telegram, OpenAI, email providers, storage providers, and other third parties. Their services are governed by their own terms, privacy practices, availability, and technical limitations. SmartHarta is not responsible for a third party’s independent acts or outages.
15. AI-Generated Content
AI-generated drafts, summaries, recommendations, and analyses may be incomplete or inaccurate. You must review all AI output before publishing it or relying on it. AI output is not legal, financial, tax, or investment advice.
16. Intellectual Property
The SmartHarta software, interface, branding, documentation, and original platform content belong to SmartHarta or its licensors. You retain ownership of content and data you lawfully upload. You grant SmartHarta the limited rights necessary to host, process, transmit, and display that content to provide the Service.
17. Suspension and Termination
SmartHarta may suspend or terminate access where an account breaches these Terms, creates a security or legal risk, remains unpaid, or is used unlawfully. Where reasonably possible, SmartHarta will provide notice and an opportunity to remedy the issue.
18. Disclaimers and Limitation of Liability
To the extent permitted by law, the Service is provided on an “as available” basis. SmartHarta is not liable for indirect, incidental, special, or consequential loss, loss of profit or opportunity, rental disputes, tenant or contractor conduct, investment decisions, or loss caused by inaccurate user data.
Nothing in these Terms excludes liability that cannot lawfully be excluded under Malaysian law.
19. Indemnity
You agree to be responsible for claims, losses, or costs arising from your unlawful use of the Service, your content, your breach of these Terms, or your failure to obtain necessary rights and consents, except to the extent caused by SmartHarta’s own breach or unlawful conduct.
20. Changes to the Service or Terms
SmartHarta may improve, replace, or discontinue features and may update these Terms. Material changes will be communicated through the website, Service, or registered email address. Continued use after the effective date of revised Terms constitutes acceptance where permitted by law.
21. Governing Law and Disputes
These Terms are governed by the laws of Malaysia. Before commencing formal proceedings, both parties should attempt in good faith to resolve the dispute through written discussions. The courts of Malaysia will have jurisdiction, subject to any mandatory rights available under applicable law.
22. General Terms
If any provision is held invalid or unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. You may not transfer your account or these Terms without SmartHarta’s written consent.
23. Contact
Questions about these Terms may be submitted through the SmartHarta Contact Us page or through the official contact details displayed on the website.
