Terms of Service

Terms of Service

Last updated: December 12, 2024

1. Introduction

1.1 Welcome to smll.io ("we," "us," or "our"). By creating an account, purchasing credits, or using any of our Services ("Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must discontinue use of our Services immediately.

2. Nature of Services

2.1 Our Services are intended solely for development, testing, and evaluation purposes. The Services operate with characteristics typical of development environments including variable performance, periodic restarts, and resource constraints. You acknowledge that the Services are not designed or intended for production use, mission-critical applications, or any situation where failure or data loss may lead to personal, financial, or business impact.

2.2 The Services operate without uptime guarantees, service level agreements, or business continuity commitments. You are solely responsible for implementing appropriate backup procedures, redundancy measures, and fallback systems. We do not guarantee data persistence or integrity, and data may be subject to periodic purging.

2.3 Our initial offerings include database hosting for development purposes. We may, at our sole discretion, expand our Services to include Docker containers, website hosting, or other related services. Any such services will operate under the same reliability considerations and limitations detailed in these Terms.

3. Account Creation and Credits

3.1 You must be at least 18 years old, or of legal age in your jurisdiction, to create an account and use the Services.

3.2 Users may add credits ("Credits") to their account to access certain Services.

3.3 The Services operate on a prepaid credit system. Credits represent prepayment for use of development and testing Services. Current credit rates and conversion values are published at https://smll.io/en/settings/billing.

3.4 Credits can be used for all available development Services at published rates. Credits expire after 12 months of account inactivity. We will provide 30 days' notice before credits expire due to account inactivity. Expired credits cannot be reinstated or refunded. Credit rates may be changed with notice as specified in section 3.5.

3.5 We will provide written notice for changes to the Services as follows: (a) 14 days' notice for changes to credit values or how credits are consumed for Services, (b) 14 days' notice for changes to credit system functionality, (c) 30 days' notice before any Service discontinuation. All notices will be sent to your registered email address.

3.6 We may suspend or revoke credits without prior notice for suspected fraudulent activity, legal requirements or court orders, material breach causing security risk, or clear violation of development-only usage restrictions. For all other cases, including non-critical breaches of Terms of Service or technical changes requiring credit system updates, we will provide 14 days' notice.

3.7 All notices will be sent to your registered email address and include the reason for the change/action, effective date, any available remedy options, and impact on existing credits.

3.8 Credits are generally non-refundable once purchased. Limited refunds may be provided only in cases of material failure to provide the development service, error in credit allocation, service discontinuation with no alternative offered, or as required by applicable law. No refunds will be provided for service interruptions, development environment issues, expired credits, unused credits, or credits revoked due to fraudulent activity, legal requirements, security risks, or violations.

3.9 Credit purchases are processed via Stripe in British Pounds Sterling (GBP). All prices are exclusive of VAT/taxes where applicable. You are responsible for any applicable taxes.

4. Account Suspension and Termination

4.1 We may suspend access to your account: (a) for investigation of suspected violations of these Terms, (b) if required by law or regulation, (c) to address technical or security issues, or (d) for non-payment or expired credits.

4.2 For technical issues and non-payment, we will provide notice of suspension where practical. For suspected violations, legal requirements, or circumstances described in section 3.6, we may suspend access immediately without notice. During suspension, you may not have access to your account or data. We will restore access once the underlying issue has been resolved to our reasonable satisfaction.

4.3 We reserve the right to terminate your account and deny access to the Services: (a) immediately, with notice, for material breach of these Terms, suspected fraudulent activity, or as required by law or regulation; (b) with 30 days' written notice for any other reason Upon termination, your right to access or use the Services ceases on the termination date.

4.4 During any suspension period or following termination, your obligations under these Terms continue. You remain responsible for all fees and charges incurred before or during suspension or up to termination. Where we terminate under: (a) section 4.3(a), you are not entitled to any refund except as required by law (b) section 4.3(b), you are entitled to a pro-rata refund of any unused prepaid Credits.

5. User Responsibilities

5.1 You agree to use the Services in compliance with all applicable laws, regulations, and guidelines.

5.2 You are solely responsible for any data, content, code, or materials you store, test, or deploy using our Services. You must ensure that such data does not violate any laws, regulations, or third-party rights.

5.3 You are responsible for maintaining the security of your account credentials and must not share or transfer account access. You must notify us immediately of any unauthorised access or security concerns.

6. Acceptable Use Policy

6.1 You agree to use the Services in accordance with these Terms and all applicable laws. Prohibited activities include but are not limited to: (a) attempting to breach or compromise system security, (b) excessive or abusive usage that may impact system resources, (c) attempting to use the Services beyond their intended development purpose, (d) any automated usage without our express permission, and (e) any activity that may interfere with or disrupt the Services or other users.

6.2 You must maintain reasonable resource consumption levels consistent with development and testing purposes. We reserve the right to impose technical limitations on resource usage, including but not limited to storage limits, processing capacity, and connection limits.

7. Disclaimers and Limitations of Liability

7.1 We provide the Services on an "as-is" and "as-available" basis for development and testing purposes only. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

7.2 We do not guarantee any level of service availability, performance, or uptime. We do not provide Service Level Agreements (SLAs). You acknowledge that temporary service interruptions, performance variations, and periodic system maintenance are normal aspects of development and testing environments.

7.3 We are not responsible for the security, integrity, or accuracy of your data. We may experience downtime, data corruption, or data loss, and you agree that you will maintain your own backups and security measures. You acknowledge that data may be periodically purged from development environments.

7.4 We are not liable for any financial losses, lost profits, revenue, data, or opportunities, nor any indirect, incidental, consequential, special, or exemplary damages arising from or relating to your use or inability to use the Services. This includes, without limitation, any losses incurred due to downtime, data inaccuracies, or data breaches.

7.5 To the extent permitted by law, our total aggregate liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising from or in connection with the Services shall be limited to the total amount paid by you for the Services in the twelve (12) months immediately preceding the claim.

7.6 Nothing in these Terms excludes or limits our liability for: (a) fraud or fraudulent misrepresentation, or (b) any other liability that cannot be excluded or limited by applicable law.

8. No Guaranteed Support

8.1 We are under no obligation to provide support services. While we may, at our sole discretion, provide limited technical support or guidance, we do not guarantee the availability, accuracy, completeness, or timeliness of any support provided. You acknowledge that the Services are provided without any commitment to technical support, response times, or issue resolution.

9. Modifications to the Terms or Services

9.1 We reserve the right to modify, update, or replace these Terms at any time. We will make reasonable efforts to inform you of significant changes. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of those changes.

9.2 We may modify, suspend, or discontinue any part of the Services at any time, with or without notice, and without liability to you.

10. Data Protection and Processing

10.1 We provide development infrastructure services. For personal data you store or process using our Services, you are the data controller, and we are the processor. For account management and service operations, we are the controller.

10.2 We process personal data for account administration and authentication (via Supabase), payment processing and credit management (via Stripe), infrastructure hosting and service delivery (via Hetzner), service monitoring and error logging (via Sentry), and basic service analytics (via Google Analytics).

10.3 You control any data you choose to store or process in our development infrastructure. You are responsible for ensuring you have the right to process any personal data, using appropriate test data in development environments, implementing security measures appropriate for your data, maintaining your own data retention policies, and responding to data subject requests for data you control.

10.4 We use the following sub processors: Supabase for user authentication and data storage, Stripe for payment processing and fraud prevention, Hetzner for infrastructure hosting, Google Analytics for basic service analytics, and Sentry for application error logging. We will notify you of material changes to our sub processors.

10.5 Our services may involve data transfers outside the UK/EEA. We ensure appropriate safeguards through the UK International Data Transfer Agreement (IDTA), EU Standard Contractual Clauses (SCCs), and additional technical measures where required.

10.6 We implement security measures appropriate for development infrastructure and will notify you of security incidents affecting our infrastructure. You are responsible for securing any data you store or process, and development environments may be subject to periodic purging.

10.7 Account data is retained while your account is active, development data may be periodically purged, and upon termination, we delete data within 30 days. You should maintain backups of any important development data.

10.8 We use essential cookies for service functionality and Google Analytics for basic service monitoring. You control any cookies in your development applications.

10.9 For Account Holders, you have rights regarding your account personal data including access, correction, and deletion. Contact us at contact@smll.io to exercise these rights, and we will respond to requests within one month. These rights may be limited where we have compelling legitimate grounds or legal obligations. For Development Data, you are responsible for handling data subject rights requests for any personal data you store in development environments, and we will provide reasonable assistance where required. Given the development nature of the Services, we recommend against storing actual personal data in development environments.

10.10 For complete information about our data practices, please refer to our Privacy Policy at https://smll.io/privacy.

11. Governing Law and Jurisdiction

11.1 These Terms and your use of the Services are governed by and construed in accordance with the laws of England and Wales.

11.2 Any disputes arising out of or relating to these Terms, or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Severability and Waiver

12.1 If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be deemed severed from the Terms and shall not affect the validity and enforceability of the remaining provisions.

12.2 Failure or delay by us to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

13. Entire Agreement

13.1 These Terms, together with any policies or guidelines referenced herein, constitute the entire agreement between you and smll.io regarding your use of the Services, and supersede all prior agreements, understandings, and communications.

14. Contact Us

If you have any questions, concerns, or inquiries about these Terms or the Services, please contact us at: contact@smll.io.