Terms of Service

Effective date: 2026-10-11

These Terms are an agreement between you and Netbase JSC ("Cmsmart", "we", "us"), 91 Nguyen Chi Thanh Street, Dong Da District, Hanoi, Vietnam. Cmsmart Ecommerce is a division of Netbase JSC. They cover cmsmart.net, the Cmsmart dashboard, our plugins, our Store Packages, our cloud services and our services. By creating an Account, starting a Trial, requesting a Backend Demo, buying a Plan or accepting a Proposal, you agree to these Terms. If you act for a company, you confirm that you may bind it, and "you" means that company.

The Support Policy, the Privacy Policy and the Cloud Storage, Retention and Deletion Terms form part of these Terms. If they conflict with these Terms, these Terms apply. An accepted Proposal applies to the work it describes, and it takes priority over these Terms only where it says so expressly.

1. Definitions

• Account: your login on cmsmart.net.
• Verified Account: an Account whose email address has been confirmed through our verification email and which is not blocked.
• Plan: a paid annual subscription to one Tier. Plans, their features and their prices are listed on /pricing.
• Tier: one of the four Plan levels: Premium, Fullstore, B2B and Marketplace. Each Tier includes everything in the Tiers below it (Premium is included in Fullstore, Fullstore in B2B, and B2B in Marketplace).
• Licence Key: the key that activates a Plan, a Trial or a Legacy Licence on one Domain.
• Domain: one root domain together with its subdomains.
• Billing Period: twelve months from the date of payment. For a Legacy Subscription, the period of that subscription.
• Trial: the free 30-day plugin trial and store trial described in section 4.5. A Trial Licence is the Licence Key issued for a Trial.
• Store Package: a ready-made Cmsmart Store for WordPress and WooCommerce (store theme, settings and the files that come with it), downloaded from the dashboard.
• Demo Content Pack: the sample products, pages, images and presets that can be imported into a Store Package.
• Backend Demo: time-limited, view-only access to the WordPress admin of one of our live demo stores (section 4.6).
• Licensed Services: what a Licence Key gives access to, as described in section 4.8.
• Cmsmart Content: Demo Content Packs, store images and photos, templates, cliparts, documentation text and the Cmsmart name and logos.
• Wallet: your Cmsmart AI wallet. AI Tokens are the units the Wallet holds. The Allowance is the AI Tokens a Plan grants for each Billing Period (section 14).
• Legacy Licence: a Licence Key sold before the effective date of these Terms. A Legacy Subscription is the PayPal subscription that renews a Legacy Licence or any other Plan bought before that date.
• Custom Services: work we do for you on quote, such as set-up beyond a Plan, customisation, development, integration, migration, design, store upgrades and consulting.
• Quote / Proposal: our written offer for Custom Services, with scope, deliverables, Milestones, price, payment schedule and timeline. It is requested through /project-proposal or a Ticket and managed in the dashboard Projects area.
• Approved Scope: the Proposal you accepted, plus any Change Requests you accepted later.
• Milestone: a defined part of the Approved Scope with its own deliverables.
• Acceptance: your confirmation, or deemed confirmation (section 10), that a Milestone matches the Approved Scope.
• Defect: a reproducible failure of something we delivered to work as the Approved Scope or the product documentation describes.
• Change Request: anything that is not in the Approved Scope, such as new features, different designs, new content or a change of mind.
• Ticket: a support request opened from your dashboard.
• Official Channels: dashboard Tickets and dashboard Projects (section 2).

2. Official channels

2.1 The only official channels for support, requests, Change Requests, approvals and Acceptance are dashboard Tickets and dashboard Projects (our WorkSuite project system, shown in your Cmsmart dashboard).

2.2 Email (project@cmsmart.net) and WhatsApp are secondary channels, for communication and urgent alerts only. They are not an official record. Anything agreed by email or WhatsApp, such as a scope change, an approval or an acceptance, counts only once it is confirmed in a Ticket or in the Project.

2.3 The first-reply target in the Support Policy applies to Tickets only.

2.4 We send notices (invoices, licence and renewal notices, project updates and notices under these Terms) to your Account email address. The dashboard remains the record.

3. Your account

3.1 Give accurate details and keep your email address current.

3.2 Purchases, Licence Keys, invoices, Tickets, Projects and Wallet balances belong to the Account (email address) used at checkout. If you paid with a PayPal address that differs from your login email, tell us in a Ticket so we can link the purchase. We do not merge Accounts without proof of ownership.

3.3 You are responsible for activity on your Account and for keeping your password safe. Tell us at once in a Ticket if you suspect misuse.

3.4 Team access is given by adding users to a project in the dashboard. Do not share logins.

3.5 Verified Account. You need a Verified Account to start a Trial or to request a Backend Demo. We send Backend Demo links only to the verified email address of the Account that asked for them. We may ask you to verify your email address again, and we may refuse or end a Trial or a Backend Demo for an Account that is not verified.

3.6 One person or company may not open several Accounts to obtain more than one Trial, more Backend Demos than allowed, or any other benefit that is limited per Account.

4. Licences and plans

4.1 What a Plan gives you. A Plan gives you a Licence Key and access to the Licensed Services of your Tier for one Domain while the Plan is active. Each Tier's features are those listed on /pricing at the time you buy. Downloads and updates are available in your dashboard while the Plan is active. We may retire a product or version. You can keep using the copy you have, but we do not guarantee that retired files stay downloadable.

4.2 Tiers. Plans are sold in four Tiers: Premium, Fullstore, B2B and Marketplace. Each higher Tier includes everything in the Tiers below it. Premium covers the Cmsmart Product Designer plugin with its premium features. Fullstore adds the Cmsmart Store Packages that /pricing lists for it. B2B and Marketplace add their editions and their Store Packages (section 4.7).

4.3 One Licence Key per Domain.

• A Licence Key is activated on one production Domain (one root domain plus its subdomains). A second production Domain needs a second Licence Key.
• Local and staging installations used only for development and testing are free and do not need another key. They must not be open to the public as a shop.
• You can change the Domain of a Licence Key in Dashboard → Your Licenses. We may limit how often a Domain or a store can be changed, as the dashboard shows.
• Within one Domain, you may switch between the Store Packages your Tier covers.
• A Legacy Licence keeps the number of domains it was sold with (section 4.10).

4.4 Upgrade by Tier. You can upgrade a Licence Key to a higher Tier in Dashboard → Your Licenses. The upgrade keeps the same Licence Key, so nothing needs to be reinstalled or re-activated. The unused value of your current Billing Period is credited against the first Billing Period of the new Plan, as shown before you pay. The upgrade takes effect when the payment is confirmed. A Trial Licence can be upgraded to any Tier. There are no downgrades during a Billing Period. A lower Tier can be bought at renewal, with no credit or refund for the current period.

4.5 Trial. We do not refund Plans (section 7). Instead, you can test before you pay:

• Plugin trial. A Verified Account can get a free Trial Licence that activates the Cmsmart Product Designer with its premium features on one Domain for 30 days from the date it is issued.
• Store trial. A Verified Account can try the Store Packages that the dashboard offers for the trial, on one Domain, for 30 days. The store trial is offered once per Account and starts with your first Store Package download. You may switch between those Store Packages during the store trial.
• The Trial does not include the Plan benefits of section 4.11 (such as product set-up, free hosting, maintenance or an Allowance). Help during the Trial is described in the Support Policy.
• A Trial ends automatically after 30 days. It never becomes a paid Plan unless you buy one, and nothing is charged.
• When the Trial ends, the features controlled by the Trial Licence stop working (section 6). Ending a Trial does not delete your site or your WooCommerce data.

4.6 Backend Demo. A signed-in Verified Account can request a Backend Demo of a live demo store from the dashboard or from a store page.

• The access link is sent only to the verified email address of the Account. It is valid for 24 hours from the time it is issued and then expires.
• The access is view-only. Changes, uploads, imports, exports and emails are disabled. Secret settings, such as licence keys, API keys and payment settings, are hidden.
• The link is personal and non-transferable. Do not share, publish or resell it.
• You must not scrape or copy the demo store or its content, use automated tools on it, test its security, try to get around the view-only limits, or use it to harm anyone. Demo stores hold sample data only. Do not enter real personal data.
• We limit the number of links per Account and per network. We may refuse a request, revoke a link before it expires, or stop offering Backend Demos at any time, without notice.
• We log Backend Demo requests and use (see the Privacy Policy), and each request creates a Ticket in your dashboard so that our team can follow up.

4.7 Store Packages.

• Free download. Every released Store Package, including the B2B and Marketplace stores, can be downloaded free of charge from the dashboard Store Catalogue. A Store Package that is not yet released is shown as not available and cannot be downloaded.
• Activation needs a Licence Key. Installing and activating a Store Package needs a Licence Key whose Tier covers that store, or a Trial Licence during the Trial.
• Demo Content Packs. Where a store has a Demo Content Pack, it is available through the dashboard to Licence Keys that cover that store, including a Trial Licence during the Trial. Demo Content Packs are Cmsmart Content (section 4.8). Replace the sample content before you sell.
• B2B and Marketplace are full store solutions. They are sold only as complete stores with the B2B or Marketplace Tier. We do not offer a separate B2B or Marketplace plugin download for use in another store.
• Existing custom stores. If you run your own store with the Cmsmart Product Designer and want B2B or Marketplace features in it, you buy the matching Plan, and we review your current store and send a separate Proposal for the upgrade work ("Upgrade your store to B2B" or "Upgrade your store to a Marketplace"). That work is a Custom Service (section 9). A Plan alone does not include it.

4.8 Open-source code and what the licence covers. The Cmsmart Product Designer plugin and the Cmsmart Store themes are released under the GNU General Public License, version 2 or later. You may use, modify and redistribute that code as the GPL permits, and nothing in these Terms limits those rights. A Cmsmart Licence Key and Plan is separate from the code licence and covers the Licensed Services:

• access to updates and upgrades delivered through the Cmsmart update channel;
• technical support through the Cmsmart dashboard (Support Policy);
• Cmsmart cloud services, for example the Wallet and AI Tokens, cloud storage, template and clipart libraries, print-ready rendering and the free hosting period;
• Cmsmart Content.

A Licence Key is licensed for one production Domain (section 4.3). The Cmsmart name, logos, store photos and Cmsmart Content are protected by trademark and copyright under a separate asset licence and are not covered by the GPL grant.

4.9 Restrictions. These restrictions apply to Licence Keys, Licensed Services, Cmsmart Content and our brand, not to GPL code. You may not:

• resell, share, sublicense or publish Licence Keys, or use one Licence Key on more Domains than it covers;
• access updates, cloud services or Cmsmart Content with a Licence Key that was not issued to you, or after your Plan has ended;
• resell or redistribute Cmsmart Content, or use it outside the store your Licence Key covers;
• use the Cmsmart name or logos in a way that suggests your product or service is ours or endorsed by us.

We do not offer white-label or reseller Plans.

4.10 Legacy Licences and Legacy Subscriptions.

• A Legacy Subscription that is active keeps renewing normally, at its existing PayPal amount and on its existing billing cycle. We do not change the amount of an active Legacy Subscription.
• Once a Legacy Subscription has lapsed, expired or been cancelled and its paid period has ended, it cannot be renewed on its old terms. Renewal means buying a current Plan at the current /pricing price, because the licence system has changed.
• A Legacy Licence keeps the features, number of domains and term it was sold with. Plan benefits introduced with the current Plans (section 4.11) apply to current Plans only.

4.11 Plan benefits. Plans include the benefits that /pricing lists for that Tier at the time you buy. Depending on the Tier, these can be:

• product set-up: we set up the number of products /pricing lists for your Tier, until they are ready to sell. More products are set up as a quoted Custom Service;
• 3 months of free hosting (section 12);
• store maintenance and upgrades (section 13);
• an AI Token Allowance (section 14).

Plan benefits have no cash value and cannot be transferred or exchanged. They end with the Plan (section 6).

4.12 Products as released. Each product is provided as each released version is, with the features documented for that version. We are not obliged to add or change features at a customer's request, and the roadmap is at our discretion. You can submit a feature request in a Ticket, or order the feature as custom development (section 9).

4.13 Third-party products. Some features rely on third-party plugins, themes, APIs or services, such as payment gateways, shipping carriers, page builders and the free WordPress.org plugins that come with our Store Packages. They are licensed to you by their authors under their own terms. We do not sell them, and they are not part of a Plan unless /pricing says so. Their fees are billed by their vendors, and accounts with those vendors are yours to open and manage. We do not fix bugs in third-party plugins or support their paid versions, and we do not guarantee that a third-party plugin stays free or available. We may replace one in a later version of a Store Package.

5. Billing and renewal

5.1 Annual billing only. Plans are sold and billed annually, for every Tier. There is no monthly payment option. Where /pricing shows a monthly amount, it is the annual price divided by twelve, shown for comparison only. You pay the full annual price at the start of each Billing Period.

5.2 Prices and payment. Plan prices are those shown on /pricing at the time you buy. Custom Services are priced in your Proposal. We charge in US dollars through PayPal, our only payment processor. Bank transfer may be accepted for large Custom Services by written agreement in the Proposal.

5.3 Taxes. Prices do not include taxes unless /pricing or the Proposal says so. You are responsible for any VAT, sales tax, withholding tax or similar charge that applies in your country, and for any fees your bank or PayPal charges you.

5.4 Automatic renewal. A Plan renews automatically every 12 months, on the date you first paid, through your PayPal subscription, until you cancel. The renewal is charged at the amount of your subscription. PayPal also shows upcoming payments in your PayPal account. If we need to change the amount of an active subscription, we do so only under section 24.

5.5 Upgrades. Upgrades follow section 4.4.

5.6 Cancel anytime. You can cancel at any time from the dashboard or in PayPal. Cancelling stops the next renewal. Your Plan stays active until the end of the Billing Period you have paid for and then does not renew. There is no refund for the current period (section 7).

5.7 Failed payments and grace. If a renewal payment fails, your Plan enters a 10-day grace period. Your Licence Key keeps its features during grace, and we ask you to update your payment method. If payment is not received by the end of grace, the Plan expires (section 6).

5.8 Lapsed Plans. After a Plan has expired, it is renewed by buying a Plan at the current /pricing price. Legacy Subscriptions follow section 4.10.

5.9 Invoices. Every payment creates an invoice in Dashboard → Invoices, which you can download as a PDF. Report billing errors in a Ticket within 15 days of the invoice date.

5.10 Checkout acknowledgement. Before you pay for a Plan or an upgrade, you confirm at checkout that Plans are non-refundable, that the free 30-day Trial was available to you instead, and that you agree to these Terms and the Privacy Policy. That confirmation forms part of your order.

5.11 Disputes and chargebacks. Please open a Ticket before opening a PayPal dispute or chargeback. Billing problems are solved faster that way. While a dispute or chargeback on a Plan is open, we may suspend the Licence Key and the Plan benefits. If the payment is reversed, the Plan ends and the Allowance granted with that payment is removed (section 14.4).

6. When a plan ends

6.1 When a Plan or a Trial expires, or a Plan is cancelled and its paid period has ended:

• premium features controlled by the Licence Key stop working;
• updates, support, maintenance and cloud services for that Plan stop;
• Plan benefits stop, and the unused Allowance expires (section 14). For hosting, see section 12.5.

6.2 Your store keeps running. We do not delete your site, WooCommerce data or orders because a Plan ended. Files on Cmsmart Cloud follow the Cloud Storage, Retention and Deletion Terms.

6.3 You can reactivate at any time by buying a Plan at the current /pricing price (section 5.8).

7. No refunds: free 30-day trial instead

7.1 Plans, Licence Keys, renewals, upgrades and AI Token purchases are not refundable. This includes partly used periods, unused time after cancellation, unused Plan benefits and unused AI Tokens. Instead, we offer the free 30-day Trials, free Store Package downloads and the Backend Demo (sections 4.5 to 4.7). Please use them before you buy.

7.2 The only exceptions are duplicate charges and billing errors on our side, such as a wrong amount, or a charge after a confirmed cancellation. Reported within the time in section 5.9, these are refunded in full to the original PayPal payment.

7.3 If a Licence Key does not activate, or a product does not work as its documentation describes, open a Ticket. We will fix it or provide a working alternative. A misunderstanding of what a product includes is not a Defect; the Trial exists to check that.

7.4 Refunds are paid only in money, to the original payment method. We do not convert refunds into AI Tokens, store credit or vouchers.

7.5 Custom Services follow section 8.

7.6 Nothing in this section removes a right you have under consumer law that cannot be excluded by agreement.

8. Refunds for custom services

8.1 Custom Services are paid on the schedule in the Proposal (section 9.3), and refunds follow the work actually done:

• Before any work starts: if you cancel before discovery or any other work has started, we refund what you paid, minus any discovery costs already incurred.
• Deposit once work has started: the deposit is non-refundable once discovery or work has started.
• Work we cannot deliver: if we cannot deliver tasks that are within the Approved Scope, you receive a partial refund of the value of those incomplete tasks, using the task breakdown in the Proposal.
• Accepted work: Milestones that have been accepted, including deemed acceptance, are not refundable. Defects found later are fixed under the warranty (section 10.8), not refunded.

8.2 No refund is due:

• for delays or failures caused by you (section 9.7);
• when you cancel for reasons that are not ours after work has started;
• for third-party costs already paid on your behalf, such as licences, API fees, hosting or stock assets.

8.3 Ask for a refund in the Project or in a Ticket. Approved refunds are paid within 14 days.

9. Services and project delivery

9.1 Quote-only. Custom Services, including custom development, store upgrades to B2B or Marketplace, integrations and migrations, are sold on quote only. There is no fixed public price for them. A Plan does not include Custom Services beyond the Plan benefits in section 4.11.

9.2 Discovery. You describe your needs at /project-proposal or in a Ticket. We review them, ask questions and, where useful, hold a call about your goals, current site and constraints. For a store upgrade, we review your current store before we send the Proposal.

9.3 Proposal and payment schedule. We send a written Proposal with:

• scope, deliverables and exclusions;
• Milestones and their acceptance criteria;
• the acceptance window;
• price, payment schedule and estimated timeline.

A Quote is valid for 30 days. Anything not written in the Proposal is out of scope. The Proposal and its Milestones govern the work. The Quote states which payment schedule applies:

• 50/50: 50% deposit to start and 50% on final acceptance; or
• 40/50/10 (larger projects): 40% deposit to start, 50% at the Milestone named in the Quote, and 10% on final acceptance.

Work starts once you accept the Proposal and the deposit is paid.

9.4 Milestones in dashboard Projects. Each project is created in WorkSuite and shown in Dashboard → Projects, with its Milestones, tasks, files, discussion and invoices. When a Milestone is ready, we deliver it for review (section 10).

9.5 Change Requests. Anything outside the Approved Scope is a Change Request. We tell you when a request is a change, then quote the extra cost and time. The work is done only after you accept it in the Project. Accepted Change Requests become part of the Approved Scope.

9.6 Communication. Project communication, decisions, approvals and Acceptance happen in the Project or in Tickets (section 2). Email and WhatsApp are for quick contact and urgent alerts only, and nothing agreed there counts until it is confirmed in the Project. Each project has a named contact on our side. Project tasks are scheduled Monday to Friday, Vietnam time (UTC+7).

9.7 Your dependencies and delays. Timelines depend on you providing, on time:

• content, images, product data and branding;
• the access we need, such as hosting, WordPress admin and third-party accounts, given as the Support Policy describes (temporary accounts with the least access needed; never passwords in message text);
• feedback and Acceptance within the agreed windows;
• payments by their due dates.

If information, data or Acceptance from you is late, the timeline is extended by at least the length of the delay.

After 14 days of delay on your side, we may pause the project and reassign the team. A paused project resumes in the next available slot. Resuming carries a re-scheduling fee of 10% of the value of the remaining Milestones.

Overdue invoices incur a late fee of 2% of the invoice amount per week overdue, capped at 10% of the invoice. Work may be suspended while an invoice is overdue.

Delays are measured from the timestamps in the Ticket or the Project. The dashboard is the official record (section 2).

9.8 How delays and late fees work: examples. The figures below are illustrative only. Your Proposal sets the real Milestone values and the acceptance window.

1. Late acceptance. Milestone 2 ($2,000) is delivered with a 10-business-day acceptance window. You send no feedback in the Project. On business day 11 the Milestone is deemed accepted and its $2,000 invoice becomes due. No penalty applies at this point.
2. Late client input leading to a pause. We are waiting for your product data, and 14 days pass without it. The project is paused, and the timeline is extended by the delay. You send the data in week 4 and we resume. The Milestones still to be delivered are worth $3,000, so the re-scheduling fee is 10% × $3,000 = $300. The fee covers re-planning the team and finding a new slot for your project.
3. A delay under 14 days. You send the product data 6 days late. The timeline moves by 6 days. There is no pause and no fee.
4. An overdue invoice. A $2,000 invoice is paid 3 weeks late, so the late fee is 3 × 2% = 6%, which is $120. If it is paid 8 weeks late, the cap applies: 10%, which is $200 (not 16%). Work may be suspended while the invoice is overdue, and the timeline is extended by that time.
5. A delay caused by Cmsmart. If we deliver late, or need more time for reasons on our side, you pay no fee, and the timeline is extended in your favour.
6. Force majeure and agreed changes. For events outside either side's control, or a Change Request agreed in a Ticket or the Project, the dates are reset by agreement, without fees.
7. Waiver. We may waive a fee at our discretion. Waiving one fee does not waive any future fee.

9.9 Environments. We build and test on a staging copy where possible, and go live after your approval. Unless your Proposal includes backups, keeping backups of your own live site is your responsibility (section 19).

10. Delivery, acceptance and warranty

10.1 Delivery for review. When a Milestone is ready, we mark it as delivered in the Project with a note. The note says what was built, where to test it, and which acceptance criteria it covers.

10.2 Acceptance criteria. Acceptance criteria are those in the Approved Scope for that Milestone. Where none are listed, the criterion is that the Milestone works as the Approved Scope describes, on the agreed environment and browsers.

10.3 Review window (UAT). You have 7 to 14 business days from delivery to test the Milestone. The exact window for each project is stated in the project plan, and depends on the information and data the project needs from you.

10.4 Accept or report. Within the window, accept the Milestone in the Project or post one consolidated list of Defects there. Each Defect needs steps to reproduce and a reference to the criterion it fails. Feedback sent only by email or WhatsApp does not count until it is posted in the Project (section 2).

10.5 Defect or Change Request. A Defect is a reproducible failure against the Approved Scope, and we fix it at no charge. Anything else is a Change Request (section 9.5), including:

• changes to something that works as agreed;
• new ideas or new content;
• design preferences not specified in the Proposal.

10.6 Fix and re-test. We fix the reported Defects and redeliver. The re-test window is 3 business days and covers only the reported Defects.

10.7 Deemed acceptance. A Milestone is deemed accepted, and its invoice becomes due, if:

• the review window passes without a Defect list in the Project; or
• you use the deliverable in live production, for example taking real orders, without reporting Defects.

10.8 Warranty. For 30 days after Acceptance, we fix Defects in our own work that you report in a Ticket or in the Project, at no charge. The warranty does not cover:

• changes made by you or by third parties;
• WordPress, WooCommerce, theme or plugin updates you install;
• hosting or server problems;
• third-party services;
• Change Requests.

After 30 days, fixes are covered by your Plan's maintenance where it applies (section 13). Otherwise they are quoted.

10.9 Final acceptance. The project is complete when the last Milestone is accepted. The final payment is due on final acceptance.

11. Support and tickets

11.1 Support is given through Tickets in your Cmsmart dashboard, under the Support Policy. The Support Policy sets out who can get support, what it covers and does not cover, the first-reply target, how to give us access safely, and how Tickets are closed.

11.2 Support covers our own products as released. Custom development, third-party plugins, themes and hosting, server administration, data recovery beyond the backups we provide, and design work are not support. They can be quoted as Custom Services (section 9).

11.3 A slow reply or an unresolved Ticket is not grounds for a refund (section 7).

12. Free hosting for 3 months (optional)

12.1 What is included. Plans whose /pricing card lists free hosting (at the effective date of these Terms: Fullstore, B2B and Marketplace) include 3 months of free hosting for one store on a Cmsmart company VPS. Premium does not include hosting. The free period starts on the activation date. Free hosting helps you launch if you do not have a host ready. It is optional: you may install the store on your own hosting instead, and not using the free hosting gives no credit or refund.

12.2 Limits and fair use. Each hosted store gets 20 GB of disk for its WordPress files, media and database, on a shared company VPS. Fair use means the hosting runs one store; it is not file storage, a backup target, email hosting, a CDN for other sites, or a place for video or bulk downloads. We choose which company VPS hosts the store and may move it between our servers with notice in a Ticket. We may restrict a store that harms other stores on the same server, for example through a traffic spike, abuse or a compromised plugin; if we do, we tell you in a Ticket.

12.3 Going over the limit. If a store goes over 20 GB or over fair use, we tell you in a Ticket. You can then reduce the usage, take paid hosting on a quote, or move the store to your own hosting. We do not offer unlimited storage or bandwidth.

12.4 Backups. We take weekly backups of hosted stores for disaster recovery. They are not a substitute for your own exports and do not guarantee recovery of every change. Domain registration, DNS and email hosting are not included unless stated.

12.5 After month 3. Hosting after the free period is priced per project and quoted to you individually; there is no fixed public price. Before the free period ends, we send you a hosting quote. You can either:

• accept it and stay on our VPS; or
• move the store to your own hosting, with a full copy of the files and database from us.

If you do neither within 14 days after the free period ends, we may suspend the hosted store. We keep a backup for 30 days and then delete it.

12.6 Your own hosting. Our products run on standard WordPress and WooCommerce hosting. Recommended: Apache or Nginx, a supported PHP version, MySQL or MariaDB, an SSL certificate, cron enabled, at least 2 GB RAM (more for larger stores) and SSD storage; the exact requirements for each product are in its documentation. Migration from or to external hosting is a quoted Custom Service. Problems caused by external hosting are outside support.

13. Maintenance and store upgrades

13.1 Plans that include maintenance (as /pricing lists) cover, for the store or plugin under the Plan:

• updates of our plugin and Store Packages;
• compatibility with current WordPress and WooCommerce releases;
• bug fixes in our code.

13.2 Maintenance does not cover:

• content, product or data entry;
• redesigns or new layouts;
• new features;
• custom code, including custom work we built for you, which is covered by its warranty (section 10.8) and then by quote;
• third-party plugins and their licences;
• recovery from incidents caused by credentials or plugins outside our control.

13.3 Store versions are separate products. Moving a heavily customised store to a new major version is a migration and is quoted. Customisations are not guaranteed to survive an update unless they are part of our code.

14. AI tokens and the wallet

14.1 AI features, such as background removal, upscaling and preflight, use AI Tokens from your Wallet. The Wallet is linked to your Account and shared between your dashboard and your activated stores. The dashboard shows the token cost of an action before you run it.

14.2 Allowance per Tier. Each Plan grants an Allowance for each Billing Period:

• Premium: 3,000 AI Tokens a year;
• Fullstore: 20,000 AI Tokens a year;
• B2B: 100,000 AI Tokens a year;
• Marketplace: 200,000 AI Tokens a year.

If /pricing shows a different Allowance when you buy, the /pricing figure applies to your purchase.

14.3 When the Allowance is granted and reset. The Allowance is credited to the Wallet of the Account that paid, when the payment for the Plan is confirmed. At each renewal, the unused Allowance of the period that ended expires and the Allowance for the new period is credited. Unused Allowance does not carry over. When a Plan ends, its unused Allowance expires.

14.4 Upgrades, refunds and chargebacks. On an upgrade (section 4.4), we credit the difference between the new Tier's Allowance and the Allowance already granted for the current period; this is never negative. If a Plan payment is refunded or reversed, the unused part of the Allowance granted with it is removed. Other AI Tokens are not removed for this reason.

14.5 Top-ups and gifts carry over. AI Tokens you buy as top-ups, and AI Tokens we give as a gift with a purchase (for example a launch gift shown at checkout), are not reset at renewal or when a Plan ends. AI Tokens from a separate Wallet subscription follow that subscription's cycle.

14.6 Trials and Legacy Licences. Trial Licences and Legacy Licences do not include an Allowance. A sign-up bonus may be credited to new Accounts, as the Wallet shows.

14.7 No cash value. AI Tokens have no cash value. They are not refundable, exchangeable or transferable to another Account, and can be used only for Cmsmart services.

14.8 Fair use. AI features are for use in your own store. You may not use automated or bulk requests that are not part of normal store use, try to get around token charges, resell access to our AI features, or use them for unlawful content. We may limit or suspend AI features for an Account that does so.

14.9 Cmsmart Cloud storage for designer files (AI results, customer uploads, saved designs, order files) is separate from hosting. Its allowances, overage charges and retention are set out in the Cloud Storage, Retention and Deletion Terms.

15. Intellectual property and ownership of custom work

15.1 Our products and brand. Netbase JSC owns the copyright in our plugins, Store Packages, themes, libraries and tools, including improvements made while working on your project. Their code is licensed to you under the GPL (section 4.8). Cmsmart Content, the Cmsmart name and logos and our cloud services are not licensed under the GPL and may be used only as these Terms allow.

15.2 Your bespoke work becomes yours. Once your project is paid in full, you own the custom code, designs and other deliverables we wrote specifically for you under the Approved Scope. You may use and change them for your business.

15.3 Reuse. We may reuse general know-how, and non-confidential generic components, in our products. We never reuse your confidential data, branding or content.

15.4 Before full payment. Until the project is paid in full, deliverables are licensed to you for review only.

15.5 Portfolio. We may mention the project in our portfolio unless you tell us not to in a Ticket or in the Project.

15.6 Third-party rights. Third-party plugins, themes, fonts, images and services remain the property of their owners and are used under their own licences (section 4.13).

16. Your content and data

16.1 You keep all rights to the content, products, images, customer data and orders in your store. You confirm you have the right to use everything you give us, including images, fonts, trademarks and data.

16.2 We use the access and data you share only to deliver the service you asked for. Revoke temporary access when a job is finished.

16.3 You are the controller of the personal data in your store, and you are responsible for lawful use of your store, including your own terms, privacy notice, cookie consent, taxes and consumer law towards your customers.

17. Privacy

How we handle personal data, including licence checks, Backend Demo logs and the Wallet ledger, is set out in our Privacy Policy and our User Data Deletion page. Files stored on Cmsmart Cloud follow the Cloud Storage, Retention and Deletion Terms.

18. Acceptable use

You may not use our products, services, hosting, Backend Demos or AI features for:

• illegal content;
• malware, spam or phishing;
• payment fraud;
• infringing anyone's copyright, trademark or other rights;
• attacks on other systems, including ours;
• overloading, scraping or probing our servers, licence server, update channel, cloud services or demo stores;
• getting around authentication, access limits, token charges or Licence Key checks on our servers and services.

We may suspend service immediately to stop harm, and we will tell you why.

19. Security

19.1 We take reasonable measures to keep our products secure and ship security fixes in updates.

19.2 No software can be guaranteed free of vulnerabilities. To the maximum extent permitted by law, we are not liable for breaches, data loss or damage caused by:

• vulnerabilities or attacks;
• third-party plugins, themes or hosting;
• your not applying updates, or not keeping credentials safe.

19.3 You are responsible for the security of your own hosting, your backups, applying updates, and controlling who has access to your store and accounts. For stores on our free hosting period, what we do is limited to what section 12 states: weekly backups, and the server-level care of the VPS we run.

20. Suspension and termination

20.1 You may stop using our services at any time. Cancelling a Plan follows section 5.6.

20.2 We may suspend or end your Licence Key, Plan benefits, hosting, Backend Demo access, Wallet use or a project if you seriously breach these Terms and do not fix the breach within 10 days of our notice. Examples are unpaid invoices after grace, Licence Key misuse (section 4.9), abuse of a Trial or Backend Demo, or a breach of section 18. Where the law requires it, or to prevent harm, we may act immediately.

20.3 On termination, the Licence Key and any Plan benefits end. Work that was delivered, accepted and paid for stays yours under section 15. For hosted stores, we give you a copy of your data on request within the retention period in section 12.5.

20.4 Suspension or termination for breach does not entitle you to a refund. GPL code you already have remains yours to use under the GPL.

21. Warranties and disclaimers

21.1 We provide our services with reasonable skill and care, and in line with the Approved Scope or the product documentation.

21.2 Apart from that and the warranty in section 10.8, our software, Store Packages, Cmsmart Content, cloud services, Backend Demos and services are provided "as is" and "as released" (section 4.12). We do not guarantee that they are error-free or uninterrupted, that they work with every third-party plugin, theme or host, or that they will produce business results such as sales or rankings. Trials, Backend Demos and free downloads are provided without any warranty, to the extent the law allows.

22. Limitation of liability and indemnity

22.1 We are not liable for:

• indirect or consequential losses, such as lost profits, revenue or data, or business interruption;
• losses caused by third-party products or hosting;
• losses caused by your own changes;
• losses caused by updates you install against our guidance.

22.2 Our total liability for any claim is limited to the fees you paid us for the project concerned, or, for a Plan, the fees for the current Billing Period. For Trials, Backend Demos and free downloads, where nothing was paid, we have no liability to the extent the law allows.

22.3 Nothing in these Terms limits liability that cannot be limited by law.

22.4 Indemnity. You will compensate us for losses, damages and reasonable costs, including reasonable legal fees, arising from a claim by a third party caused by your store or its content, your breach of these Terms, your breach of the law, or your misuse of a Licence Key, a Backend Demo or our services. We will tell you about such a claim promptly and let you take part in its defence.

23. Governing law and disputes

23.1 Please raise any problem with us first in a Ticket or in the Project; most issues are solved there.

23.2 These Terms are governed by the laws of Vietnam. The courts of Hanoi, Vietnam have jurisdiction over any dispute that cannot be settled between us.

24. Changes to these Terms

We may update these Terms, for example when our Plans or the law change. We post the new version on this page with its effective date, and email Account holders about material changes at least 14 days before they apply.

Changes do not affect:

• a Billing Period you have already paid for;
• a Proposal you have already accepted;
• the amount of an active Legacy Subscription (section 4.10).

25. Contact

• Official channels: Dashboard → Tickets for support and requests, and Dashboard → Projects for project work, approvals and Acceptance. These are the official record (section 2).
• Email: project@cmsmart.net, for sales questions, legal notices and urgent alerts. This is not an official record for support or project decisions.
• WhatsApp: +84 937 869 689, for quick contact and urgent alerts only.
• Address: Netbase JSC, 91 Nguyen Chi Thanh Street, Dong Da District, Hanoi, Vietnam.