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. 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
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Contact
Questions about these Terms? Contact us: