terms of service
Effective Date: 1 September 2026
These Terms of Service (“Terms”) are a legally binding agreement between you (“you” or “your”) and Bit by Smile (Pty) Ltd, a South African private company trading as Bit by Smile (“Bit by Smile”, “we”, “us” or “our”), concerning your access to and use of our websites, applications, mobile applications, web applications, games, plugins, software and related services (collectively, the “Services”).
Our Services currently include Awwli and OneLynk, with Sharlo currently identified as a coming-soon product. Additional Services may be introduced in the future.
By accessing, installing, registering for, or using any of our Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Services.
1. Eligibility
You may use our Services only if you are legally capable of entering into a binding agreement under the laws applicable to you.
If you are under the age of majority in your country, you may use a Service only with the involvement and consent of your parent or legal guardian where required by applicable law.
Certain Services may have additional age requirements. Where they do, those requirements will be communicated to you before or during use of the relevant Service.
2. Your Right to Use the Services
Subject to these Terms and your continued compliance with them, Bit by Smile grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Services for their intended purposes.
You may not use the Services for purposes that are unlawful, fraudulent, abusive or inconsistent with these Terms.
You may not:
Use the Services in a way that violates applicable law or regulation.
Attempt to gain unauthorised access to the Services, accounts, systems, servers or networks.
Interfere with, disrupt, damage or place unreasonable load on the Services or their infrastructure. Introduce viruses, malware or other harmful code.
Circumvent, disable or interfere with security features.Use bots, scrapers, crawlers, automated systems or other means to access or collect information from the Services unless expressly permitted by us.
Reverse engineer, decompile, disassemble or attempt to derive source code from our software except where applicable law expressly permits it.
Modify, adapt, translate or create derivative works of the Services except where expressly permitted by us or applicable law.
Copy, reproduce, distribute, sell, lease, sublicense or commercially exploit the Services or their content without our permission.
Use the Services to infringe another person’s intellectual property, privacy or other rights.
Impersonate another person or misrepresent your identity or affiliation.
Use the Services to distribute spam, unsolicited advertising or other unauthorised communications.
Attempt to obtain another user’s account credentials or personal information.
Use the Services to harm, harass, threaten, defame or exploit another person.
Upload or transmit content that is unlawful, malicious or harmful.
We may take appropriate action if we believe that your use of a Service violates these Terms, applicable law, or the safety or integrity of the Service.
3. Accounts and Login Information
Some Services may require you to create an account.
When creating an account, you agree to provide information that is accurate and reasonably up to date.
You are responsible for maintaining the confidentiality of your login information and for activity that occurs through your account.
You must not:
Share your account credentials with another person.
Allow another person to access your account.
Create an account using another person’s identity or information.
Sell, transfer or otherwise provide your account to another person.
If you believe that your account or login information has been compromised, you should contact us and take reasonable steps to secure the account.
4. Ownership
The Services, including their software, source code, object code, interfaces, designs, graphics, illustrations, animations, sounds, text, logos, trademarks, names, features, concepts and other materials, are owned by or licensed to Bit by Smile and are protected by applicable intellectual property laws.
Nothing in these Terms transfers ownership of any Bit by Smile intellectual property to you.
Except for the limited right to use the Services granted in these Terms, Bit by Smile reserves all rights not expressly granted to you.
Bit by Smile, its product names, logos and related marks are trademarks or identifiers of Bit by Smile (Pty) Ltd or their respective owners. You may not use them without appropriate permission.
5. Your Content
Some Services may allow you to submit, upload, create, store or otherwise provide content.
This may include text, images, links, files, profile information, preferences, feedback, messages or other information you choose to provide.
You retain ownership of content that you own and submit to our Services.
By submitting content to a Service, you grant Bit by Smile the limited rights necessary to host, store, process, reproduce, transmit, display and otherwise use that content solely as reasonably necessary to operate, provide, secure and improve the relevant Service.
This permission ends when the relevant content is deleted, except where we are required or permitted by law to retain it, or where it is reasonably necessary for legitimate business purposes such as security, fraud prevention, dispute resolution or enforcement of these Terms.
You are responsible for the content you submit and for ensuring that you have the necessary rights and permissions to submit it.
You must not submit content that:
Infringes another person’s intellectual property or privacy rights.
Is unlawful or fraudulent.
Contains malicious software.
Contains personal information that you are not authorised to provide.
Is abusive, threatening or otherwise unlawful.
We may remove or restrict access to content where reasonably necessary to operate or protect the Services, enforce these Terms, or comply with applicable law.
6. AI-Powered Features
Some Bit by Smile Services may use artificial intelligence or other automated technologies.
Where a Service uses AI, information you provide may be processed by the systems used to provide that feature.
AI-generated results may be inaccurate, incomplete, outdated or unsuitable for your particular circumstances.
AI-generated information should therefore be treated as assistance rather than a guarantee, professional opinion or substitute for your own judgement.
For example, recommendations generated by Awwli are intended to help you discover gift ideas. They do not guarantee that a particular recommendation, product or merchant will be suitable.
Where third-party AI providers are used, their processing of information submitted through the relevant feature may also be subject to their own terms and privacy policies, as applicable.
7. Product-Specific Terms
Different Services may have features, rules or requirements that apply specifically to them.
Where additional terms are provided for a particular Service, those terms form part of your agreement with Bit by Smile for that Service.
If a product-specific term conflicts with these Terms, the product-specific term will apply only to the extent of that conflict for the relevant Service.
8. Third-Party Services
Our Services may rely on, integrate with, or link to services provided by third parties.
These may include hosting providers, authentication services, analytics services, AI providers, payment providers, app stores, software platforms or other technology providers.
Third-party services are governed by their own terms and policies.
Bit by Smile is not responsible for the availability, content, security, functionality or practices of third-party services that we do not control.
9. Availability, Changes and Updates
We are continually building and improving our Services.
We may, at any time:
Add or remove features.
Modify existing features.
Release updates.
Fix or change functionality.
Suspend a feature.
Temporarily suspend a Service.
Discontinue a Service.
Some products may be experimental or marked as coming soon. Information about a product before release does not guarantee that the product, feature or functionality will ultimately be released in the form described.
We may require you to install updates in order to continue using a Service.
We do not guarantee that any Service or feature will always be available or uninterrupted.
10. Fees and Purchases
Some Bit by Smile Services or features may be offered without charge.
If a Service includes a paid feature, subscription or other transaction, the applicable price and terms will be presented to you before you complete the transaction.
Any payment may be processed by a third-party payment provider. Payment providers may have their own terms and privacy policies.
Nothing in these Terms limits any consumer rights that cannot legally be excluded or restricted.
11. Disclaimers
To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
We do not guarantee that:
The Services will always be available.
The Services will always be uninterrupted or error-free.
The Services will meet every expectation or requirement.
Information provided through a Service will always be complete, accurate or current.
A Service will be suitable for every particular purpose.
Nothing in these Terms excludes or limits any warranty, right or remedy that cannot legally be excluded or limited under applicable law.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Bit by Smile will not be liable for indirect, incidental, special, consequential or punitive loss arising from or relating to your use of, or inability to use, the Services.
This includes, where legally permitted, loss of profits, revenue, business opportunities, goodwill or data.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
Where applicable law permits limitation of liability, Bit by Smile’s total liability arising from a particular Service will be limited to the amount you paid to Bit by Smile for that Service during the twelve months immediately preceding the event giving rise to the claim.
Nothing in this section limits your statutory consumer rights.
13. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold Bit by Smile harmless from reasonable claims, losses, liabilities, damages and expenses arising from:
Your breach of these Terms.
Your unlawful use of the Services.
Your violation of another person’s rights.
Content you submit through the Services.
This does not apply to the extent that the relevant loss was caused by Bit by Smile’s own unlawful conduct or negligence.
15. Privacy
Your use of the Services is also governed by our Privacy Policy, which explains how Bit by Smile collects, uses, stores, shares and protects personal information.
Our Privacy Policy forms part of these Terms.
16. Changes to These Terms
We may update these Terms from time to time.
If we make material changes, we will take reasonable steps to notify you where required by applicable law.
The updated Terms will become effective on the date stated in the revised Terms.
Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms to the extent permitted by law.
If you do not agree with updated Terms, you should stop using the affected Services.
17. Governing Law
These Terms are governed by the laws of the Republic of South Africa, unless applicable law requires otherwise.
Where a dispute arises, we encourage you to contact us first so that we can try to resolve the matter directly.
Nothing in these Terms prevents you from exercising rights available to you under applicable consumer protection or other mandatory laws.
18. General
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
Our failure to enforce a provision does not constitute a waiver of our right to enforce it later.
These Terms, together with the Privacy Policy and any applicable product-specific terms, constitute the agreement between you and Bit by Smile concerning the Services.