Terms of service

1. Who these terms are between

These terms are an agreement between GOSMOKO LIMITED (NZBN 9429053954558), a New Zealand company based in Taranaki, New Zealand ("GoSmoko", "we", "us"), and the business that holds the GoSmoko account ("you"). The person who signs up confirms they are at least 18 and authorised to accept these terms for that business, whether it is a sole trader, company, partnership or trust.

You accept these terms when you create an account, start a paid plan, or use GoSmoko. If your business has separate signed terms with us, those apply instead where they conflict.

GoSmoko is built for businesses. It is not offered for personal or household use.

2. The documents that make up the agreement

These terms, together with our Privacy policy, Data processing terms and Acceptable use policy, are the whole agreement between us about GoSmoko. Where they conflict, these terms win, except that the Data processing terms win on how we handle your customers' personal information.

3. The service

GoSmoko is job management software for trade businesses: enquiries, quotes, scheduling, jobs, time, purchase orders, stock, invoices and reporting, on the web and on the phone, with optional add-ons and connections to accounting, payment, email and text providers.

We improve GoSmoko continuously, so features change. We will not remove a capability you rely on without telling you first, and if a change materially reduces what your plan includes, you may cancel and we will refund any amount you have prepaid for the period after the change.

4. Your account and your crew

• Keep sign-in details secure. You are responsible for what is done under your account, including by people you add to it.
• Each person needs their own login. Sharing one login hides who did what and is not permitted.
• Give accurate business details. The legal name, GST number and bank account you enter appear on the quotes and tax invoices you issue, and getting them right is your responsibility.
• Tell us promptly at security@gosmoko.com if you think someone has gained access to your account.

5. The free trial

Every new business gets a 7-day free trial that starts when you sign up. Nothing is charged during the trial and we do not ask for payment details to start it. We may extend a trial at our discretion.

When the trial ends we ask you to choose a plan and add a payment method. You then have 3 days' grace. If you have not chosen a plan by the end of the grace period, your account becomes read-only: you can still sign in, see and export everything, and change your settings, but you cannot add or change records until you choose a plan.

We do not delete a business's data because a trial ended. If you never choose a plan you are never charged, and you can delete your business yourself at any time.

6. Plans, prices and GST

Plans are charged in New Zealand dollars at the prices on our pricing page when you subscribe. Today that is Solo at $49 a month for one person, Crew at $69 per person a month, and Business at $89 per person a month. On Crew and Business, "per person" means each active person on your account during the billing period.

Prices exclude GST. Customers in New Zealand pay New Zealand GST at the current rate, shown on our invoice to you. For customers in Australia we do not add New Zealand GST; if Australian law requires us to collect Australian GST from you, we will add it and show it on your invoice. Any other taxes, duties or bank fees in your country are yours.

Where we offer an annual plan, it is paid up front for 12 months at the annual price shown when you subscribe.

Payment processing and card fees for the payments your own customers make through Stripe are charged by Stripe under your agreement with them, not by us.

7. Billing and automatic renewal

• Paid plans are billed in advance through our payment processor, Stripe, to the payment method you give us. Card details are held by Stripe, not by us.
• Your plan renews automatically at the end of each billing period (monthly or yearly) at the then current price for your plan, until you cancel. We email a receipt for every charge.
• Adding people to a Crew or Business plan, or changing plan, is reflected from your next billing date unless the screen tells you otherwise before you confirm.
• If a payment fails we tell you and Stripe retries it. If it stays unpaid, we may make the account read-only until it is paid. We will not delete your data for non-payment without written notice and a fair chance to pay or export it.
• Fees are due without set-off, except where the law gives you a right of set-off that cannot be excluded.

8. Add-ons

Some features are optional paid add-ons that you switch on separately. They are billed with your plan and renew with it, and you can switch an add-on off at any time, effective at the end of the current billing period. Current add-ons and prices are on our pricing page, for example:

• SMS: $19/month, 100 texts included, then 25c each. Texts beyond the included allowance in a billing period are charged in arrears on your next invoice. A long message can count as more than one text. Included texts do not carry over to the next period.
• Timeline: $5/person/month, for each person it is switched on for.
• Connect: $29/month.

9. AI credits

Features that use artificial intelligence, such as Talk it out, reading supplier bills and @Smoky in job chat, use AI credits. Each plan includes a monthly allowance: 5,000 credits on Solo, and 3,000 credits per active person on Crew and Business, pooled across the business. The number of credits a task uses depends on its size, and the app shows your balance.

Included credits reset at the start of each billing month and do not carry over. Where offered, extra credits can be bought in packs (currently 10,000 credits for $10 plus GST). Pack credits are used after your included credits, have no cash value, and are not refundable except where the law requires it.

We warn you as your credits run low. When they run out we may pause AI features until your allowance resets or you buy a pack. The rest of GoSmoko keeps working.

10. AI output is a draft

AI features propose things: a job, a quote line, parts, hours, a reminder. Nothing they propose is saved until a person taps to accept it, and you are responsible for checking a proposal before you accept it and before anything goes to a customer. AI can be wrong, and you should not rely on it for safety, compliance or pricing decisions.

11. Offers and discounts

From time to time we may offer a discount, such as an early-user offer. Each offer's conditions (what it applies to, how long it lasts, and the last day to take it up) are shown where the offer is made and at Checkout, and apply alongside these terms.

Unless the offer says otherwise: it applies only to the plan price, not to add-ons, AI credit packs, text overage or taxes; it applies to monthly plans only; it cannot be combined with another offer or exchanged for cash; and when it ends your plan continues at the normal price at your next billing date. We will email you before a discount ends.

For example, the early-user offer EARLY80 takes 80% off your monthly plan price if you subscribe by 11:59pm NZDT on 15 November 2026. The discount ends at the start of 1 March 2027 (NZDT), and the normal monthly price applies from your next billing date after that.

12. Price changes

We may change our prices. We will give you at least 30 days' notice by email before a change applies to your account, and the new price starts at your first renewal after that notice. If you do not want to pay the new price you can cancel before it starts, and you will not be charged it. An annual plan keeps its price until its renewal.

13. Cancelling and refunds

• You can cancel at any time from Settings, through the billing portal, or by emailing us. Cancelling stops the next renewal. You keep full access until the end of the period you have paid for. After that we may make the account read-only, so you can still see and export everything.
• We do not refund part-months, or the unused part of an annual plan, when you cancel for convenience.
• We will refund, in full or in part, where we have charged you in error, where we have materially failed to provide the service and not fixed it within a reasonable time after you told us, where these terms say we will, or where New Zealand or Australian consumer law gives you a right to a refund.
• Cancelling does not delete your data. You can export it, or delete your business yourself, at any time.

14. Your rights under consumer law

Nothing in these terms excludes, restricts or modifies a right or remedy you have under law that cannot lawfully be excluded, including the Australian Consumer Law and, where it applies, the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986.

Australia: our services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the service, you are entitled to cancel your contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion. Where the services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a guarantee is limited, to the extent the law allows, to supplying the services again or paying the cost of having them supplied again.

New Zealand: GoSmoko is supplied and acquired in trade. You agree that, to the extent the law allows, the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, and that this is fair and reasonable given that we are both in trade and you are buying GoSmoko for your business.

15. Your data

Your business data stays yours. We do not sell it, we do not share it with other customers, and neither we nor our providers use it to train AI models.

We use your data only to run, secure, support and improve GoSmoko for you, as set out in our Privacy policy. Personal information about your customers and crew is handled under our Data processing terms, where you are in charge and we act on your instructions.

You can export your data and delete your business at any time. Records already sent to Xero, Stripe or your customers live in those places and are not removed by deleting your GoSmoko account.

You give us permission to host, copy, transmit and display your data only as needed to provide GoSmoko to you. We may use anonymised, aggregated statistics that cannot identify you or your customers to understand and improve the service.

16. Messages you send through GoSmoko

When GoSmoko sends an email or text to your customer, it sends it for your business and you are the sender under the New Zealand Unsolicited Electronic Messages Act 2007 and the Australian Spam Act 2003. You are responsible for having the consent or relationship those laws require, for identifying your business, and for honouring opt-outs. GoSmoko handles STOP replies to texts automatically and will not text a number that has opted out.

Quotes, invoices, reminders and booking messages to your own customers are what GoSmoko is for. Marketing or bulk messages are not permitted. The Acceptable use policy sets out the detail.

17. Integrations and third parties

When you connect Xero, Stripe, an AI assistant through Connect Claude or our API, or another service, you authorise us to exchange data with it on your behalf within the permissions you grant. Those providers have their own terms and fees, which are between you and them. We are not responsible for their services, but we will tell you if a change on their side affects what GoSmoko can do.

You can disconnect any integration at any time. Stored credentials for it are deleted when you do.

18. Acceptable use

You and your crew must use GoSmoko lawfully and in line with our Acceptable use policy. In short: no spam, no attempts to reach another business's data or to probe or disrupt the service, nothing unlawful, and no documents you know to be false.

19. The mobile app

The GoSmoko phone app is part of the service, included in your plan, and covered by these terms. We grant you a personal, revocable, non-transferable licence to use it on devices you or your crew control while your account is open. You may not copy, reverse-engineer or redistribute it.

The app keeps an encrypted copy of your business data on the device so it works without signal. Keeping those devices reasonably secure (a passcode, and the biometric lock we provide) is your responsibility. Signing out removes that copy.

• Apple and Google are not parties to these terms. Your licence to use the app on an Apple device is granted by us, not by Apple, and is limited to the usage rules in Apple's App Store Terms of Service.
• Apple and Google have no obligation to provide maintenance or support for the app, and no warranty responsibility for it. Any claim about the app (including product liability, a legal compliance failure, a consumer protection claim, or a claim that it infringes someone's intellectual property) is ours to answer, not theirs.
• If the app fails to conform to a warranty we give, you may notify Apple and Apple will refund the purchase price. As the app is free, that amount is nil, and Apple has no other warranty obligation.
• Apple and Google, and their subsidiaries, are third-party beneficiaries of this section and may enforce it against you.
• You confirm you are not located in a country subject to a United States embargo, and are not on a United States prohibited or restricted party list.
• The versions of iOS and Android we support may change. We will not drop support for a phone version without notice in the app.

20. Intellectual property and feedback

We own GoSmoko, including its software, design, content and help guides. These terms give you a right to use it while your account is open; they do not transfer ownership. GoSmoko is a trademark of GOSMOKO LIMITED. You may not use our name or logo except to identify the service we provide to you, or with our written permission.

If you send us ideas or feedback, we may use them to improve GoSmoko without owing you anything. We will not identify you publicly as their source without asking.

21. Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for the purposes of this agreement, except where it is already public, was independently known, or must be disclosed by law. Where the law requires us to disclose your data, we will tell you first if we lawfully can.

22. Availability and support

We work to keep GoSmoko available and correct, back it up every day, and fix problems promptly, but we do not promise it will be uninterrupted or error free. Planned maintenance is done at quiet times where we can.

Support is by email at hello@gosmoko.com, Monday to Friday, 7am to 6pm NZST. Business plans get priority handling.

23. Liability

This section is subject to the section on your rights under consumer law.

To the extent the law allows, GoSmoko is provided as is, and we exclude all warranties and conditions not set out in these terms.

To the extent the law allows, neither of us is liable to the other for loss of profit, revenue, business or goodwill, or for indirect or consequential loss, however it arises.

To the extent the law allows, our total liability to you for all claims arising from GoSmoko in any 12-month period is limited to the fees you paid us in that period, or NZ$500 if that is more.

These limits do not apply to liability for fraud, wilful misconduct, or anything else that cannot lawfully be limited. Each party's liability is reduced to the extent the other party caused or contributed to the loss.

You remain responsible for the documents you issue from GoSmoko, the prices and taxes on them, the messages you send, and your own tax, employment and record-keeping obligations.

24. Suspension and ending the agreement

You can end this agreement at any time by cancelling your plan or deleting your business.

We may suspend a feature or an account, or end this agreement, if you seriously or repeatedly breach these terms, do not pay, or use GoSmoko in a way that harms others or the service. Unless there is urgent harm (for example a live spam run or an attack), we will tell you first and give you a reasonable chance to fix it. We may also end this agreement for any reason on 60 days' notice, in which case we will refund any prepaid fees for the period after it ends.

When the agreement ends you can still sign in to export your data for at least 30 days, unless you deleted your business yourself. After that we may delete it. Backups age out on the schedule in our Privacy policy.

25. Things outside our control

Neither of us is responsible for a delay or failure caused by events beyond reasonable control, such as natural disasters, outages at major internet or cloud providers, or government action, provided we take reasonable steps to limit the effect and resume as soon as we can. This does not excuse payment of fees for service you have received.

26. Changes to these terms

We may update these terms, for example to reflect new features, prices or laws. For a change that materially affects you, we will tell you by email or in the app at least 30 days before it takes effect, unless the change is required by law sooner. If you do not agree, you can cancel before it takes effect and we will refund any prepaid fees for the period after that date. Continuing to use GoSmoko after a change takes effect means you accept it.

27. General

• Governing law: New Zealand law governs these terms, and the courts of New Zealand have non-exclusive jurisdiction. If your business is in Australia, this does not take away any protection you have under Australian law, and you may also bring proceedings in the courts of your state or territory.
• Disputes: if something goes wrong, tell us first at hello@gosmoko.com and we will try in good faith to fix it within 20 working days before either of us goes to court, except for urgent relief.
• Notices: we send notices to the email address of your account's owner. You send notices to hello@gosmoko.com.
• Transfer: you may not transfer this agreement without our consent, which we will not unreasonably withhold. We may transfer it to a business that takes over GoSmoko, and we will tell you if we do.
• If a part of these terms is unenforceable, the rest still applies. Not enforcing a term straight away does not waive it.