Terms of Service

Last updated: February 17, 2026

1. Acceptance of Terms

By accessing or using Smalby ("the Service"), operated by Smalby Inc. ("Company", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Smalby is a project management and collaboration platform that helps teams organize work, manage tasks, and communicate effectively. The Service includes web applications, APIs, and related tools. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. User Accounts

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate or fraudulent information.

4. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
  • Upload or transmit viruses, malware, or other malicious code
  • Attempt to gain unauthorized access to the Service or its related systems or networks
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service to send unsolicited communications or spam
  • Reverse engineer, decompile, or disassemble any aspect of the Service
  • Use the Service to store or transmit content that infringes on any third party's intellectual property rights
  • Resell, sublicense, or redistribute the Service without our prior written consent

We reserve the right to investigate and take appropriate action against anyone who violates these restrictions, including removing content, suspending accounts, and reporting to law enforcement authorities.

5. Intellectual Property

The Service and its original content, features, and functionality are owned by Smalby Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Your data remains your own — we do not claim ownership of content you upload to the Service. By uploading content, you grant us a limited license to host, store, and display that content solely as necessary to provide the Service to you and your organization.

6. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

7. Payment and Billing

Certain features of the Service may require a paid subscription. If you choose a paid plan, you agree to pay all applicable fees as described at the time of purchase. Fees are non-refundable except as required by law or as explicitly stated in these Terms. We reserve the right to change our pricing with 30 days' advance notice. Failure to pay may result in suspension or termination of your access to paid features.

8. Service Availability and SLA

We strive to maintain 99.9% uptime for the Service, excluding scheduled maintenance windows. Scheduled maintenance will be announced at least 24 hours in advance when possible. We do not guarantee uninterrupted access and shall not be liable for any downtime or service interruptions caused by circumstances beyond our reasonable control, including but not limited to natural disasters, third-party service failures, or cyberattacks.

9. Indemnification

You agree to indemnify, defend, and hold harmless Smalby Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) any content you upload, post, or transmit through the Service.

10. Limitation of Liability

To the fullest extent permitted by law, Smalby Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the Service.

In no event shall our total aggregate liability exceed the greater of (a) the amount you have paid to us in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100). This limitation applies regardless of the theory of liability and even if we have been advised of the possibility of such damages.

11. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for conduct that we believe violates these Terms, is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

You may terminate your account at any time through your account settings or by contacting us. Upon termination, you may request an export of your data within 30 days. After 30 days, we may permanently delete your account data. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware, United States, and the language of the arbitration shall be English.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Smalby Inc. concerning the Service. Any prior agreements, representations, or understandings are superseded by these Terms.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes at least 30 days in advance via email or through a prominent notice within the Service. Your continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must discontinue use of the Service.

18. Contact

If you have questions about these Terms of Service, please contact us at legal@smalby.com.