Terms of Use

Last Updated: 1 June 2025  |  Effective Date: 1 June 2025

Welcome to tomorrowthailandapp.net (the “Website”), operated by Smart Living TH (legal name: SAAD CONSTRUCTION II CO) (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our Website, mobile applications, content, products, and services (collectively, the “Services”). Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By accessing or using the Services in any manner — including browsing the Website, creating an account, submitting information, or making a purchase — you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of the Services.

If you are using the Services on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity. If you do not have such authority, you must not access the Services.

These Terms constitute a legally binding agreement between you and SAAD CONSTRUCTION II CO under the laws of the Kingdom of Thailand. Your continued use of the Services after any amendment to these Terms constitutes your acceptance of the revised Terms.

2. Description of Services

Smart Living TH provides an online platform and associated tools focused on smart living solutions, property development information, construction services guidance, and related digital content tailored for residents and consumers in Thailand. Our Services may include, but are not limited to:

• Informational content regarding smart home products, construction, and property solutions;
• User registration and account management features;
• Online inquiry and consultation request forms;
• Integration with third-party tools, maps, and property listings;
• Promotional offers, newsletters, and marketing communications;
• Customer support and after-sales service channels;
• Any additional features or tools we may introduce from time to time.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, for operational, technical, or legal reasons. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

3. Eligibility and User Responsibilities

To access and use the Services, you must:

• Be at least 20 years of age (the age of contractual capacity under Thai law), or the age of majority in your jurisdiction if higher;
• Have the legal capacity to enter into binding contracts;
• Not be prohibited from receiving services under applicable laws in Thailand or any other applicable jurisdiction;
• Provide accurate, current, and complete information when registering or interacting with the Services.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorised access to your account.

4. Acceptable Use Policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not use the Services to:

• Violate any applicable Thai law, regulation, or international treaty, including but not limited to the Computer Crime Act B.E. 2550 (2007) and its amendments, the Personal Data Protection Act B.E. 2562 (2019) (“PDPA”), the Electronic Transactions Act, and the Civil and Commercial Code of Thailand;
• Transmit any unsolicited commercial communications (spam), chain letters, or mass mailings;
• Upload, post, or transmit content that is defamatory, obscene, fraudulent, threatening, harassing, or otherwise objectionable under Thai law;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Attempt to gain unauthorised access to any portion of the Services, other accounts, computer systems, or networks;
• Introduce viruses, malware, ransomware, or any other harmful code into the Services;
• Scrape, crawl, index, or otherwise systematically extract data from the Website without our prior written consent;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services;
• Use the Services for any illegal, fraudulent, or abusive purpose, including money laundering or financing of terrorism under Thai anti-money laundering laws;
• Reproduce, duplicate, copy, sell, resell, or exploit any part of the Services without our express written permission.

We reserve the right, in our sole discretion, to investigate and take appropriate legal or administrative action against anyone who violates this Acceptable Use Policy, including removing content, suspending accounts, and reporting to law enforcement authorities.

5. Intellectual Property Rights

All content, materials, and elements available on the Website and through the Services — including but not limited to text, graphics, logos, icons, photographs, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade names, and the overall design and layout — are the exclusive property of SAAD CONSTRUCTION II CO or its licensors and are protected under Thai intellectual property law, including the Copyright Act B.E. 2537 (1994), the Trademark Act B.E. 2534 (1991), and applicable international intellectual property conventions to which Thailand is a party.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for your personal, non-commercial purposes in accordance with these Terms. This licence does not include the right to:

• Modify, adapt, translate, or create derivative works from our content;
• Reproduce, publish, distribute, or transmit our content for commercial purposes;
• Reverse engineer, decompile, or disassemble any software component of the Services;
• Remove or alter any proprietary notices, labels, or marks.

Any unauthorised use of our intellectual property is strictly prohibited and may result in civil and criminal penalties under applicable Thai law. If you believe that any content on our Website infringes your intellectual property rights, please contact us immediately at [email protected].

6. User-Generated Content

If the Services permit you to submit, post, upload, or share content (such as reviews, comments, photographs, or other materials), you retain ownership of your content. However, by submitting content, you grant SAAD CONSTRUCTION II CO a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Services and our business operations.

You represent and warrant that: (a) you own or have the necessary rights to submit the content; (b) the content does not violate any third-party rights or applicable law; and (c) the content is accurate and not misleading. We reserve the right to remove any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

7. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE THAI LAW. SAAD CONSTRUCTION II CO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content or information provided through the Services;
• Warranties that defects will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You will be solely responsible for any damage to your device or loss of data that results from the download of any such material.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE KINGDOM OF THAILAND, IN NO EVENT SHALL SAAD CONSTRUCTION II CO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, data, business, or goodwill;
• Damages arising from your reliance on information obtained through the Services;
• Damages resulting from unauthorised access to or alteration of your transmissions or data;
• Damages related to any third-party conduct, content, or services accessed through or linked from the Services;
• Any other intangible losses.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law. In all cases, our total aggregate liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the event giving rise to the claim, or Thai Baht 1,000 (THB 1,000), whichever is greater.

9. Indemnification

You agree to defend, indemnify, and hold harmless SAAD CONSTRUCTION II CO, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgements, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms;
• Your use of the Services;
• Your violation of any applicable law or regulation;
• Your infringement or misappropriation of any intellectual property or other rights of any person or entity;
• Any content you submit, post, or transmit through the Services;
• Any dispute between you and another user of the Services.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with our defence of such claim.

10. Third-Party Links and Services

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by SAAD CONSTRUCTION II CO. We have no control over, and assume no responsibility for, the content, privacy policies, terms, or practices of any third-party sites or services. We strongly advise you to review the terms and privacy policies of any third-party websites you visit. The inclusion of any link does not imply endorsement, approval, or recommendation by us of the linked site or any association with its operators.

11. Force Majeure

SAAD CONSTRUCTION II CO shall not be held liable for any delay, failure, or interruption in the performance of our obligations under these Terms arising from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, floods, storms, earthquakes, epidemics, pandemics (including government-imposed restrictions related thereto), fires, wars, hostilities, terrorist attacks, civil unrest, governmental actions, strikes or labour disputes, power outages, internet or telecommunications failures, cyberattacks, or any other event constituting force majeure under Thai law.

In the event of a force majeure, we will make reasonable efforts to notify you and resume normal operations as soon as practicable. Our obligations under these Terms shall be suspended for the duration of the force majeure event.

12. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law provisions.

Subject to the dispute resolution provisions in Section 13 below, you agree to submit to the exclusive jurisdiction of the courts of Bangkok, Thailand to resolve any legal dispute arising out of these Terms or the Services. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

13. Dispute Resolution

We are committed to resolving disputes fairly and efficiently. In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or your relationship with SAAD CONSTRUCTION II CO, the parties agree to follow this multi-step dispute resolution process:

1. Informal Resolution: You must first contact us in writing at [email protected] describing the nature of the dispute and the relief sought. Both parties agree to negotiate in good faith for a period of thirty (30) days from the date of the written notice to attempt to resolve the dispute informally before resorting to formal proceedings.
2. Mediation: If the dispute cannot be resolved through informal negotiation within thirty (30) days, either party may request mediation before a mutually agreed mediator or through the Thai Mediation Centre or the Office of the Consumer Protection Board (OCPB) in Thailand, where applicable. Mediation shall be conducted in Bangkok, Thailand, in the Thai or English language.
3. Litigation: If mediation does not resolve the dispute within sixty (60) days of the commencement of mediation (or such longer period as agreed in writing), either party may bring the dispute before the competent courts of Bangkok, Thailand, in accordance with Section 12 above.

Nothing in this Section shall prevent either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute.

14. Termination

We reserve the right, in our sole discretion, to suspend or terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, including where we reasonably believe that:

• You have violated any provision of these Terms;
• You have violated any applicable law or regulation;
• Your conduct poses a risk to the security or integrity of the Services or other users;
• Continuation of Services to you is no longer commercially viable.

Upon termination, your right to use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, indemnification, limitation of liability, governing law, and dispute resolution.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination.

15. Modification of Terms

SAAD CONSTRUCTION II CO reserves the right to amend, update, or replace these Terms at any time in our sole discretion. When we make material changes, we will notify you by updating the “Last Updated” date at the top of this page and, where appropriate, by sending an email notification to the address associated with your account or by displaying a prominent notice on the Website.

Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable under the laws of the Kingdom of Thailand or any other applicable jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed deleted. Any modification or deletion of a provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Website, constitute the entire agreement between you and SAAD CONSTRUCTION II CO with respect to your use of the Services, and supersede all prior and contemporaneous agreements, representations, warranties, negotiations, and understandings, whether written or oral, between you and us regarding the subject matter hereof.

No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. No waiver by us of any breach of these Terms shall be deemed a waiver of any subsequent breach.

18. Personal Data and Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your personal data in compliance with the Personal Data Protection Act B.E. 2562 (PDPA) of Thailand. By using the Services, you consent to the collection and use of your personal data as described in the Privacy Policy. If you have questions about your personal data rights under the PDPA, please contact our Data Protection Officer at [email protected].

19. Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, notices, and updates. These electronic communications satisfy any legal requirement that such communications be in writing. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically comply with any applicable legal requirements, including those under the Electronic Transactions Act B.E. 2544 (2001) of Thailand.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Use, or if you wish to exercise any of your legal rights, please contact us using the information below:

We aim to respond to all enquiries within 5 business days. For urgent matters relating to security incidents or suspected data breaches, please mark your communication “URGENT” in the subject line.

These Terms of Use were last updated on 1 June 2025 and are effective for all users accessing or using the Services on or after this date. © 2025 SAAD CONSTRUCTION II CO. All rights reserved.