Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Small Factory Marketing Inc. ("Smallfactory", "we", "us", or "our"), a Canadian corporation, governing your access to and use of the Smallfactory website at smallfactory.co and all related services (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

Smallfactory is a web-based visual design tool that allows users to create app screenshot compositions, marketing graphics, and related visual content. The Service includes canvas editing, device frame mockups, image export, project publishing, and related features.

3. Accounts

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must be at least 16 years of age to use the Service.
• You must notify us immediately at support@smallfactory.co if you become aware of any unauthorized use of your account.

4. Subscriptions and Payments

• Certain features of the Service require a paid subscription.
• Subscription fees are billed in advance on a recurring basis (monthly or annually) through our payment processor.
• All fees are in USD and are non-refundable except as required by applicable law or as described in our refund policy.
• We reserve the right to change subscription pricing with 30 days' prior notice. Price changes will take effect at the start of your next billing period.
• If payment fails, we may suspend access to paid features until the payment issue is resolved.

5. Cancellation

• You may cancel your subscription at any time through your account settings or billing portal.
• Upon cancellation, you retain access to paid features until the end of your current billing period.
• After the billing period ends, your account reverts to the free tier. Your data is retained for 30 days, after which it may be permanently deleted.

6. Your Content

"Your Content" means any images, text, designs, screenshots, and other materials you upload, create, or store through the Service.

• Ownership: You retain all rights to Your Content. We do not claim ownership over anything you create or upload.
• License to us: You grant us a limited, non-exclusive, worldwide license to host, store, process, and display Your Content solely as necessary to provide and operate the Service. This license terminates when you delete Your Content or your account.
• Published content: When you use the publish/embed feature, you direct us to make the published images publicly accessible via CDN. You are responsible for ensuring you have the rights to publish such content.
• Responsibility: You are solely responsible for Your Content and for ensuring it does not violate any third-party rights or applicable laws.

7. Acceptable Use

You agree not to use the Service to:

• Upload or distribute content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Infringe on any intellectual property rights of others.
• Distribute malware, viruses, or any other harmful code.
• Attempt to gain unauthorized access to the Service or its related systems.
• Use the Service to send spam or unsolicited communications.
• Reverse-engineer, decompile, or disassemble any part of the Service.
• Use the Service in any way that could damage, disable, or impair our infrastructure.

We reserve the right to suspend or terminate accounts that violate these terms, with or without notice.

8. Intellectual Property

The Service, including its design, code, features, and branding, is owned by Small Factory Marketing Inc. and is protected by Canadian and international intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.

9. Third-Party Services

The Service relies on third-party providers for payment processing, hosting, data storage, and other infrastructure. Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party providers.

10. Availability and Modifications

• We strive to maintain the Service but do not guarantee uninterrupted or error-free access.
• We may modify, suspend, or discontinue any part of the Service at any time.
• We will make reasonable efforts to notify users of material changes.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Small Factory Marketing Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, or goodwill, arising out of or related to your use of the Service, regardless of the theory of liability.

Our total aggregate liability for any claims arising from or relating to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Indemnification

You agree to indemnify, defend, and hold harmless Small Factory Marketing Inc. from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, Your Content, or your violation of these Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Ontario, Canada.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact

If you have questions about these Terms, contact us at support@smallfactory.co.