SMARTKITS
END USER LICENCE AGREEMENT AND USAGE RIGHTS
Entity: SmartKits
Address: Pretoria, Gauteng, South Africa
Email: info@smartkits.co.za
Effective Date: 10 June 2026
Governing Law: Republic of South Africa
IMPORTANT NOTICE:
This Agreement is a legally binding licence. It limits what you may do with SmartKits digital products. It prohibits resale, redistribution, sublicensing and republication of the original files and substantially similar derivative files. By purchasing, downloading, opening, accessing or using any SmartKits digital product, you agree to this Agreement.
1. Definitions
1.1 “SmartKits” means the business trading under the name SmartKits from Pretoria, Gauteng, South Africa.
1.2 “Digital Product” means any SmartKits downloadable file, template, checklist, prompt pack, guide, worksheet, document, spreadsheet, editable file, PDF, archive, pack, compilation or related material supplied by SmartKits.
1.3 “Source Files” means the original downloadable and editable SmartKits files supplied to the purchaser, including prompts, templates, document packs, worksheets, checklists and associated materials.
1.4 “Permitted Business Use” means lawful internal business use by the purchaser for the purchaser’s own business operations, administration, planning, communication, productivity or service delivery.
1.5 “Purchaser” means the person or business that lawfully purchased the Digital Product from SmartKits.
1.6 “Client Output” means a finished document, communication, report, plan or deliverable created by the purchaser using the Digital Product as a working tool, but not including the Source Files themselves.
2. Licence Grant
2.1 Subject to full payment and continued compliance with this Agreement, SmartKits grants the Purchaser a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, access and use the Digital Product for Permitted Business Use.
2.2 Unless a product page states otherwise, one purchase grants one licence to one purchasing person or one purchasing business entity.
2.3 If the Purchaser is a business entity, the licence may be used internally by the Purchaser’s owners, employees and contractors acting under the Purchaser’s control and solely for the Purchaser’s business purposes.
2.4 This licence is not a sale or assignment of intellectual property. Ownership of the Digital Product remains with SmartKits or its licensors at all times.
3. What You May Do
3.1 You may download and store the Digital Product for your own lawful business use.
3.2 You may make reasonable backup copies for security and record-keeping.
3.3 You may edit, customise and adapt editable sections of the Digital Product for your own business use.
3.4 You may use the Digital Product to create completed business records, internal documents, marketing drafts, planning records or other end-use materials for your own organisation.
3.5 If you are a consultant, agency, freelancer or service provider, you may use the Digital Product as a working tool to prepare Client Output for your clients, provided that:
3.5.1 the client receives only the final output and not the SmartKits Source Files;
3.5.2 you add your own professional input, judgement or service value;
3.5.3 you do not give, sell, upload or transfer the SmartKits Source Files, prompt libraries or editable pack contents to the client; and
3.5.4 you do not present the SmartKits files as your own template library or as a product for onward distribution.
4. What You May Not Do
4.1 You may not resell, redistribute, sublicense, rent, lease, lend, gift, share or transfer the Digital Product or any Source Files to any third party.
4.2 You may not upload the Digital Product to public websites, cloud shares, marketplaces, shared drives, communities, repositories, course portals, Telegram groups, WhatsApp groups, “template vaults”, membership sites or AI prompt libraries for access by others.
4.3 You may not repackage, relabel or white-label the Digital Product as your own product, freebie, lead magnet, toolkit, client resource library, template shop or digital download.
4.4 You may not sell or distribute modified versions of the Digital Product if the modified version remains substantially similar to the original SmartKits files or can be used as a substitute for them.
4.5 You may not use the Digital Product to build a competing template pack, document bank, AI prompt pack, business kit, automated form library, training dataset or software/database product.
4.6 You may not remove embedded copyright, trademark or licence notices where they appear in the files, except where a product is specifically designed for brand replacement in a finished end-use document.
4.7 You may not use the Digital Product for unlawful, misleading, fraudulent or harmful purposes.
4.8 You may not claim that SmartKits authored, approved, reviewed or is responsible for your final edited version or any document you produce from the files.
4.9 You may not use the Digital Product as legal, tax, labour, regulatory or professional advice or represent it as attorney-approved guidance.
5. Modification Rules
5.1 SmartKits recognises that many files are intended to be customised. You may replace placeholders, branding elements, names, dates, options and operational wording for your own lawful use.
5.2 Your customisations do not transfer ownership of the underlying SmartKits content to you.
5.3 Any business-specific additions made by you remain yours, but the underlying structure, wording, compilation, arrangement and original SmartKits material remain owned by SmartKits.
5.4 If you create a derivative version, this licence still applies to the SmartKits portions of that derivative version.
6. South African Use and Professional Review
6.1 SmartKits Digital Products are designed as practical tools and templates with South African business use in mind.
6.2 They are not promised to suit any foreign law, city, country, industry, regulator, municipality, client contract, labour framework or tax regime outside the Republic of South Africa.
6.3 If your use involves legal, tax, labour, regulatory, HR, compliance or industry-specific issues, you must obtain advice from a suitably qualified South African professional before relying on the content.
7. No Ownership Transfer
7.1 The Digital Product is licensed, not sold.
7.2 All copyright, trade mark, database, compilation and other intellectual property rights in and to the Digital Product remain vested in SmartKits and/or its licensors.
7.3 No right is granted except the limited express licence set out in this Agreement.
8. Support, Updates and Versioning
8.1 Unless SmartKits expressly states otherwise in writing, your purchase includes access only to the version supplied at the time of purchase.
8.2 SmartKits may improve, update, rename, replace or retire products from time to time, but is not obliged to provide free future updates unless expressly promised.
8.3 SmartKits may provide user instructions or product notes, but does not undertake legal review, implementation services or business consulting under this licence.
9. Breach and Termination
9.1 This licence terminates automatically if you breach this Agreement.
9.2 SmartKits may suspend access, refuse support, cancel future sales, revoke the licence, demand deletion of files and take legal action if it reasonably believes the Digital Product has been misused.
9.3 On termination you must immediately stop using the Source Files and permanently delete or destroy all copies in your possession or control, subject to any record-retention duties required by law.
9.4 Termination does not limit any rights or remedies SmartKits may have in law or in equity.
10. No Warranties as to Outcome
10.1 The Digital Product is provided as a practical resource and starting point.
10.2 SmartKits does not warrant that the Digital Product will guarantee legal compliance, regulatory approval, business success, client acceptance, tax treatment, labour compliance or suitability for your specific circumstances.
10.3 You are solely responsible for reviewing, adapting and deciding how to use the Digital Product.
11. Liability
11.1 To the fullest extent permitted by law, SmartKits is not liable for losses caused by:
11.1.1 your edits, deletions, additions or misuse of the Digital Product;
11.1.2 your failure to obtain professional advice;
11.1.3 use of the Digital Product outside South Africa; or
11.1.4 reliance on the Digital Product as legal, financial or tax advice.
11.2 Nothing in this Agreement excludes liability that cannot lawfully be excluded under South African law, including liability for fraud, wilful misconduct or gross negligence where exclusion is prohibited.
12. Governing Law and Disputes
12.1 This Agreement is governed by the laws of the Republic of South Africa.
12.2 Any dispute arising from or relating to this Agreement must first be raised with SmartKits at info@smartkits.co.za to allow an opportunity for informal resolution.
12.3 Subject to any mandatory consumer rights, South African courts with jurisdiction will have authority over disputes that cannot be resolved amicably.
13. Contact
Questions about this Agreement may be sent to:
Email: info@smartkits.co.za
Address: Pretoria, Gauteng, South Africa
