Terms of Service, in plain language.

About these terms

These terms are an agreement between SmartDuke Technologies (“SmartDuke”, “we”, “us”) and the business that signs up for SmartDuke (“you”). They cover the SmartDuke app at dukeos.app (the “service”) and this website, https://dukeos.app.

Whoever signs up confirms they are at least 18 and allowed to accept these terms for the business. If you don't agree, please don't use the service.

Our Privacy Policy, Refund & Cancellation Policy and Data Processing Agreement are part of these terms. Enterprise & Agency and source licence customers may have a signed agreement; where it says something different, the signed agreement wins.

The service

SmartDuke is a business app (customers, bookings, memberships, invoices, messages, documents and more) with an AI assistant called Duke built in. Each business gets its own space, on a dukeos.app address or its own domain where the plan includes it. We keep improving the service and may add, change or retire features; we won't take away a core part of your plan during a period you've paid for without telling you first and offering a fair remedy.

Accounts and your team

• Give accurate details and keep them up to date. Keep passwords safe and use two-factor sign-in where you can.
• You decide who joins your business and what each person may do, through roles. You are responsible for what your team does in your account.
• Tell us straight away at support@dukeos.app if you think someone has got into your account without permission.

Plans, drafts and payment

• Plans are priced per business, monthly or yearly, as shown on our pricing page. Each plan includes a number of team members, AI credits and features, such as branches or your own domain.
• Enterprise & Agency is priced per business or agency, monthly, at the price we agree in writing.
• Signing up and building your app is free. Your app stays a draft until you choose a plan and pay to publish it. Drafts that are never published are deleted after 30 days, and we remind you on days 7 and 25.
• Prices in India are in rupees and before tax: 18% GST is added on the invoice. Prices elsewhere are in US dollars, and local taxes may apply.
• We never charge you automatically: there are no card mandates or autopay. We send an invoice for each billing period, and you pay it yourself through our payment providers, PayU in India or PayPal elsewhere. A payment counts once the provider confirms it.
• To change plan, choose a different plan when you pay your next invoice. The new plan starts from that period; there are no part-period charges or credits.
• If an invoice is still unpaid 7 days after it is due, your business becomes read-only until it is paid: you can still see and export your data, but not make changes. Your data is not deleted for non-payment unless the business is closed.
• We may change prices. We will tell you at least 30 days before a new price applies to you; it starts from a later invoice, and you can simply not renew.
• AI credits are included each month and don't carry over. When they run out, Duke tells you; you can connect your own OpenAI or Anthropic key, whose use is billed by that provider, or talk to us about more credits.
• A business whose agency manages its plan pays its agency, not us.
• Fees charged by others, such as Meta's WhatsApp message fees or your own payment provider's fees, are billed by them, not by us.

Student offer

The student offer is a one-time payment for 3 months of the features listed on the pricing page, for a college or school project. It needs a college email or student ID, and messages to customers are recorded but never sent. After 3 months the business turns read-only; you can still export your data, or move to a paid plan. It is not for running a real business.

Cancellations and refunds are covered by our Refund & Cancellation Policy.

Your data

Your business's data is yours. You give us permission to store, process and display it only so we can provide the service to you, keep it safe and support you. We don't sell it, and we don't use it to train AI models.

You can export everything your business keeps in SmartDuke at any time, as one file, from Settings.

For personal data about your own customers, you are the data fiduciary (controller) and we are your data processor, as set out in our Data Processing Agreement. That means you are responsible for having a lawful reason to keep and use that data, for telling your customers how you use it, for getting consent where the law needs it (for example before sending marketing messages), and for answering their requests. SmartDuke gives you the tools: export, correction and erasure of a person's data.

Duke and other AI features

• Duke works with the same permissions as the person using it. It drafts and prepares; changes, deletions and messages wait for a person to approve them, and approvals are recorded in your audit log.
• If you switch on “Duke on duty” for a channel, the actions you choose (such as answering, booking or handing over to a person) run for that customer's conversation without a per-action approval. You choose those rules and can switch them off any time. Money, cancellations of paid things, deletions, exports, settings and bulk messages always need a person.
• AI can be wrong. Check what Duke prepares before you approve it, especially prices, dates, medical, legal or financial content. You are responsible for what you approve and for the rules you switch on.
• To answer, Duke sends the relevant data to an AI model provider (see our Privacy Policy). If you connect your own AI key, that provider's terms also apply to you.

Acceptable use

Please don't use SmartDuke to:

• break the law, or store or send content that is illegal, fraudulent, defamatory or infringes someone else's rights;
• send spam or messages people haven't agreed to receive, or break WhatsApp's, Meta's or email providers' rules, or India's rules on commercial communications (TRAI);
• collect or use personal data without a lawful basis, or keep sensitive data you don't need;
• try to get into other businesses' data, probe or overload the service, get around limits or security, or reverse-engineer it;
• resell the service or use it to build a competing product, unless we agree in writing.

If you break these rules, we may suspend the affected feature or account, after warning you where that's reasonable. In an emergency, such as an attack or illegal content, we may act first and tell you right after.

Connected services

You can connect other services, such as your WhatsApp number, your own Stripe, PayPal, Razorpay or PayU account for your customers' payments, your email, or your own AI key. Their own terms apply to your use of them, they charge their own fees, and money your customers pay goes straight to your account with them. We are not responsible for those services or for their being unavailable.

Availability and support

We work hard to keep SmartDuke running and back it up every night, but on standard plans we don't promise a particular uptime. We may pause the service briefly for maintenance, at quiet times where we can. Support is by email and chat, included in every plan; Pro plans get priority. An agency supports its own clients, and we support the agency. Guaranteed response times are available on Enterprise & Agency. Source licence holders host and support their own clients; we support their developers on the code.

Closing your account

To stop using SmartDuke, simply don't pay the next invoice: when the grace period ends, your business becomes read-only, and you can still see and export your data. Nothing is charged automatically.

To have your business and its data removed, ask us at support@dukeos.app to close it. When a business is closed it is blocked straight away and can be reopened for a while; 90 days after closing, everything it kept in SmartDuke is deleted for good, and copies disappear from our backups within 30 days after that. Export your data before closing if you want to keep it.

We may close an account for a serious or repeated breach of these terms, or if invoices stay unpaid for 60 days after we have reminded you. Except where the law or an emergency stops us, we will tell you first and give you time to export your data.

Live demos

The demo businesses contain made-up data, are rebuilt every night, and never send real messages. Please don't enter real personal data in them, and don't try to disrupt them.

Intellectual property

SmartDuke, the app, Duke, our designs, code and this website belong to us or our licensors. We give you the right to use the service for your business while your account is active. You keep all rights in your data and your content. If you send us ideas or feedback, we may use them without owing you anything.

You may quote brief excerpts of this website with attribution and a link back; for larger reuse, please ask us.

Confidentiality

Each of us will keep the other's non-public information confidential and use it only for this agreement, except where the law requires disclosure.

Warranties

We will provide the service with reasonable skill and care. Apart from that, and to the extent the law allows, the service and this website are provided “as is”, without other promises, including that they will be error-free or uninterrupted, or that AI output will be accurate. Nothing in SmartDuke or on this website is professional, legal, tax or medical advice.

Limitation of liability

To the extent the law allows, neither of us is liable for indirect or consequential losses, or for lost profits, revenue or goodwill. Our total liability under these terms is limited to the amount you paid us in the 12 months before the event that caused the claim. These limits don't apply where the law doesn't allow them to, such as for fraud.

Indemnity

If someone makes a claim against us because of the data you put into SmartDuke, the messages you send through it, or your breach of these terms or the law, you will cover our reasonable costs of that claim.

Changes to these terms

We may update these terms. The latest version always lives at this address with its date. For important changes we will tell account owners by email or in the app at least 30 days before they apply. If you keep using SmartDuke after that, the new terms apply; if you don't agree, you can cancel.

Law and disputes

These terms are governed by the laws of India. We'd always rather sort a problem out by talking first: write to support@dukeos.app. If we can't, the courts of Coimbatore, Tamil Nadu, India have exclusive jurisdiction. Consumer protection rights you have where you live are not affected.

Contact

SmartDuke Technologies. Email: support@dukeos.app. WhatsApp: +91 73393 01244.