Terms of Use

Last Updated: October 2026

Welcome to SmartCodeDev. By accessing or using SmartCodeDev.com ("the Site"), you agree to be bound by these Terms of Use. If you do not agree, please do not use the Site.

1. Acceptance of Terms

These Terms of Use constitute a legally binding agreement between you and SmartCodeDev ("Company," "we," "us," or "our"). By using this Site, you represent that you are at least 18 years of age and have the legal authority to enter into this agreement.

2. Use of the Website

You agree to use SmartCodeDev.com only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable federal, state, or local laws or regulations
• Transmit any unsolicited or unauthorized advertising or promotional material
• Attempt to gain unauthorized access to any portion of the Site or related systems
• Use automated tools to scrape, crawl, or harvest data from the Site
• Introduce viruses, trojans, or other malicious code
• Impersonate SmartCodeDev or any employee, partner, or representative

3. Intellectual Property

The Site and all its original content — including but not limited to text, graphics, logos, the SmartCD™ brand mark, icons, code, and the SAGE AI assistant — are the exclusive property of SmartCodeDev and are protected by United States and international copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from this Site without our prior written consent.

4. AI Chat Assistant (SAGE)

The SAGE AI assistant is provided for informational purposes only. By using SAGE, you acknowledge:

• SAGE responses are AI-generated and may not always be accurate or complete
• SAGE does not constitute professional legal, financial, or technical advice
• SmartCodeDev is not liable for decisions made based on SAGE's responses
• Do not submit confidential, proprietary, or sensitive information through the chat interface
• Conversations may be reviewed to improve service quality

5. Services and Engagements

Information about our custom software services presented on this Site is for general informational purposes. Custom service engagements are governed by separate, executed service agreements between you and SmartCodeDev. Projects, purchases and freelancer participation through the SmartCodeDev marketplace (the Projects, Hire Talent, Work Freelance and Products pages) are governed by Sections 6 to 12 below.

6. The SmartCodeDev Marketplace

SmartCodeDev connects clients ("Clients") with vetted independent professionals ("Freelancers") and sellers of digital products ("Sellers"). SmartCodeDev manages every marketplace project: we review project submissions and freelancer applications, handle all communication between Clients and Freelancers, collect payment from Clients and pay Freelancers.

• All projects, profiles and product listings are reviewed by SmartCodeDev and may be approved, edited for privacy, or declined at our discretion.
• Public projects are shown on our Projects page without the Client's name or contact details, and accept a limited number of bids. Private projects are never listed publicly; SmartCodeDev assigns them to a Freelancer or to our in-house team.
• Freelancer profiles are shown publicly with first name, last initial and professional details only.
• Freelancers are independent contractors, not employees, agents or partners of SmartCodeDev or of any Client.
• Unless agreed otherwise in writing, once a project is paid in full, the Client owns the deliverables created specifically for that project, and the Freelancer assigns those rights to the Client through SmartCodeDev. Pre-existing tools, libraries and open-source components remain under their own licenses.

7. Pricing and Payments

• Client price and SmartCodeDev fee. The price shown to a Client for a bid or estimate is the Freelancer's price plus a SmartCodeDev service fee of 10% of the Freelancer's price, with a minimum fee of $15 per project, covering vetting, project management and payment protection. The fee is shown on each bid and estimate, and the total is the amount charged at checkout. Projects delivered by SmartCodeDev's in-house team are quoted as a single price. SmartCodeDev may change its fee for future projects by updating these Terms; the fee on a bid or estimate already shown to a Client does not change.
• Payment before work begins. Clients pay SmartCodeDev in full, through our payment processor Stripe, before work starts. SmartCodeDev does not store card details. Prices are in US dollars unless stated otherwise.
• Freelancer payment. A Freelancer is paid the amount of their accepted bid, or the amount agreed with SmartCodeDev for an assigned project, after the work is delivered and accepted. Payouts are sent through Stripe Connect to the Freelancer's connected account. Freelancers are responsible for their own taxes and for any currency conversion or bank charges applied by Stripe or their bank.
• Products. Product purchases are paid to SmartCodeDev through Stripe at checkout. Payout terms for Sellers are confirmed with each Seller by email before their listing is approved.
• Changes in scope. Work beyond the agreed project description may require a new estimate, which the Client must approve and pay before the additional work begins.

8. Cancellations and Refunds

• Before payment. Posting a project is free. A Client may withdraw a project at any time before paying, at no cost.
• After payment, before work starts. If a Client cancels before the Freelancer or our team has started work, SmartCodeDev will refund the full amount paid.
• After work has started. If a Client cancels once work has begun, SmartCodeDev will refund the portion of the price for work not yet performed, as reasonably determined by SmartCodeDev based on the progress of the project. The Freelancer is paid for work completed.
• If a Freelancer does not deliver. If an assigned Freelancer cannot complete the work, SmartCodeDev will, at the Client's choice, reassign the project to another qualified professional or our in-house team at no additional cost, or refund the amount paid for undelivered work.
• Disputes. If a Client believes the delivered work does not match the agreed project description, they should contact us within 14 days of delivery. SmartCodeDev will review the project and work with the Freelancer on corrections. Freelancer payouts for disputed work may be held until the dispute is resolved.
• Digital products. Because digital products can be accessed immediately, purchases are generally non-refundable once delivered. If a product is defective or materially not as described, contact us within 14 days of purchase for a replacement or refund.
• Approved refunds are returned to the original payment method through Stripe. Processing times depend on the Client's bank.

9. Communication and Non-Circumvention

To protect Clients, Freelancers and the quality of every project, all marketplace communication and payments must go through SmartCodeDev.

• Clients and Freelancers agree not to share, request or exchange direct contact details (such as email addresses, phone numbers, social media or messaging app handles, or links to personal websites) through project descriptions, bids, profiles or any other part of the marketplace. Content containing contact details may be blocked or removed.
• For 24 months after a Client and a Freelancer are introduced through SmartCodeDev (including when a Freelancer bids on or is assigned to a Client's project), neither may hire, contract with or pay the other for similar work outside SmartCodeDev, whether directly or through another platform, without SmartCodeDev's prior written consent.
• Anyone who becomes aware of a request to work or pay outside SmartCodeDev should report it to Support@SmartCodeDev.com.
• Violations may result in removal from the marketplace, cancellation of pending projects and bids, and any other remedies available to SmartCodeDev under law.

10. Freelancer Obligations

• Provide accurate information about your identity, skills and experience, and keep your Freelancer Portal access key confidential.
• Bid only on work you are qualified and available to complete, and deliver it professionally, on time and as described in your bid.
• Do not start work on a project until SmartCodeDev confirms that the Client has paid.
• Deliver original work that you have the right to provide, does not infringe anyone's intellectual property, and does not contain malicious code.
• Keep all Client information and project materials confidential, especially for private projects, and use them only to complete the project.
• Founding Professional badges and referral rewards are promotional programs offered at SmartCodeDev's discretion. Referral rewards apply only to genuine new professionals who are approved and complete their first paid project, and self-referrals or duplicate accounts are not eligible. SmartCodeDev may change or end these programs at any time, without affecting rewards already earned.

11. Client Obligations

• Provide accurate project information and the materials, access and feedback the work requires, in a timely manner.
• Only submit projects that are lawful and that you have the right to commission, and do not include sensitive personal data, passwords or confidential information in public project descriptions.
• Keep your private project link confidential. Anyone with the link can view the project and its bids or estimate.

12. Product Listings

• Sellers confirm that they own, or have the right to sell, every product they list, and that the product works as described.
• Listings must not contain contact details, and SmartCodeDev may edit, decline or remove any listing at its discretion.
• Buyers receive a license to use the product as described in the listing. Unless the listing states otherwise, products may not be resold or redistributed.

13. Website Builder

• The Website Builder creates a simple static website (HTML, CSS and JavaScript, up to 5 pages) using the SmartCodeDev Website Builder Engine, based on the information you provide.
• Eligibility. Our AI assistant reviews each request first. Requests that need custom development, such as logins, online payments, shopping carts, booking systems, databases or more than 5 pages, aren't eligible and are referred to a Private project instead.
• Free homepage preview. For eligible requests, we email you a link to start a free preview of your homepage. The preview is free and creates no obligation to buy. Other pages are built only after purchase, and the preview carries a "Free preview" label until you buy. We limit the number of previews per person and per day. Previews that are not purchased may be deleted after 45 days.
• Website plan. A one-time payment of the price shown at checkout (currently $99.95) for the complete website, delivered as downloadable files. Hosting, domain names and third-party services (such as a form service) are not included in this plan.
• Website + Hosting plan. The price shown at checkout (currently $179.95) covers the complete website, the first year of Managed Hosting, and registration of one domain name for the first year. The free domain covers a standard-priced domain name; premium or unusually expensive names are not included, but we can register one for you at extra cost. We reserve the right to choose or approve which domain name is provided free. We will contact you to choose an available domain name and will put your website online within about 1 business day after you confirm it. The domain is registered for your business. Domain renewal after the first year and premium domain names are not included and are quoted separately.
• Managed Hosting and automatic renewal. Managed Hosting (currently $99.95 per year, or $9.95 per month) can be added to the Website plan from your order page or is included in the Website + Hosting plan. The Website + Monthly Hosting plan includes the website and monthly Managed Hosting, but no domain name. Hosting renews each year (or each month, for monthly hosting) until you cancel, at the price you signed up at (launch pricing stays locked in while your hosting remains active). Each yearly hosting term has a due date; we email you a renewal notice 30 days, 7 days and 2 days before it. The renewal payment is due 24 hours before the due date and is charged automatically by Stripe to your payment method on file at that time. Monthly hosting is charged automatically each month. You can update your card from your order page. If a renewal payment fails, your website stays online for a grace period of 60 days while we email you reminders and a secure link to pay. If the payment is still not received by the end of the grace period, your hosting package is cancelled and your website is taken offline. You can restart hosting later from your order page. You can cancel at any time by emailing Support@SmartCodeDev.com; cancellation takes effect at the end of the paid year or month, and no partial refunds are given except as described below. When hosting ends, your website is taken offline, but your website files remain yours to download and host elsewhere.
• Revisions. Each order includes 2 free revisions, requested from your private order page. A revision rebuilds the website to apply your requested changes.
• Content updates. After delivery, you can request content updates from your order page (for example new hours, prices, menu items, contact details or wording). Each update covers one page, or one change applied across every page, and costs $25 (currently), with a limit of 2 paid updates in any 12-month period. Each paid year of Managed Hosting (each yearly renewal, or every 12 paid months of monthly hosting) includes 1 free single-page update, which does not carry over once hosting ends. Updates change existing content only; new pages, new features or redesigns are quoted as a Private project. If we host your website, we publish the updated files within about 1 business day. Paid updates are non-refundable once applied.
• 14-day money-back guarantee. If you are not happy with your website after using your revisions, email Support@SmartCodeDev.com within 14 days of purchase and we will refund your payment in full. For the Website + Hosting plan, a refund also cancels hosting. A domain already registered for you remains yours, and its cost is not deducted from your refund. The guarantee does not apply to orders cancelled for violating these Terms.
• Once paid and delivered, the website files are yours to use, edit and host for your business. You are responsible for the content you provide and for reviewing your website before publishing it, including replacing placeholders and confirming that all details (such as prices, hours and contact information) are accurate.
• You must not request content that is unlawful, deceptive or infringing, including impersonating another business or collecting passwords or payment details. We may decline or cancel such orders.
• Your order page link is private; anyone with the link can view and download your website, so please keep it safe.
• If we are unable to deliver your website, we will complete it for you or refund your payment.
• With your permission, or for websites we build at no charge, we may show a finished website as an example in our sample gallery. Email us at any time to have yours removed.

Website Builder Referral and Partner Program

• Website Builder customers receive a personal referral link after purchase, and approved partners receive a partner link. When a new customer first visits through your link and buys a Website Builder plan within 60 days, you earn the reward shown on our Partner Program page (currently $25 per paid order).
• Rewards are confirmed after the 14-day refund period ends and are paid monthly by a method we agree with you. Refunded, cancelled, complimentary and fraudulent orders do not earn a reward.
• Self-referrals, referrals of your own business or of businesses you control, and referrals obtained through spam, misleading claims, or paid ads bidding on the SmartCodeDev name are not eligible.
• Partners are independent and are not employees, agents or representatives of SmartCodeDev, and may not make promises about our services beyond what is described on our website. Partner applications are approved at SmartCodeDev's discretion.
• You are responsible for any taxes on rewards you receive. SmartCodeDev may change or end the program at any time without affecting rewards already earned.

14. Disclaimer of Warranties

THE SITE AND ALL CONTENT, INCLUDING THE SAGE AI ASSISTANT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SMARTCODEDEV DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability and fitness for a particular purpose
• Warranties that the Site will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy or completeness of any content

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTCODEDEV SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. External Links

The Site may contain links to third-party websites. These links are provided for convenience only. SmartCodeDev has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites. We encourage you to review the terms and privacy policies of any external sites you visit.

17. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in California.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will post the updated Terms on this page with a revised effective date. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.

20. Contact

Questions about these Terms? Contact us:

• Email: Support@SmartCodeDev.com
• Phone: 510.400.2000
• Website: SmartCodeDev.com