About the Terms

These Terms of Service (“Terms” or “Agreement”) are a contract between Smallution Limited (“Smallution” or “we” or “us”) and you (“the Customer”). They describe the Services (“Landing Builder”) developed and operated by Smallution Limited and set forth the terms and conditions that govern your use and access to our Services. By using our Subscription Services or signing up for a free trial program, you agree to these Terms and our Privacy Policy, which form part of these Terms. This is a legal contract, so if you are using our Services on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms. (In this case, “you” and “your” would then refer to the entity.)

1. General Terms & Definitions

Account: An Account is created when an individual, company, or other entity, or any representative of such, signs up to the Landing Builder with a username and password.

Add-On: Other features we may develop in the future that you have the option of adding to your Account based on the Subscription plan, which may or may not include an additional fee.

Authorised Users: Employees of the Customer who are authorised by the Customer to use the Services and the Documentation.

Confidential Information: Any information marked confidential, identified as confidential at the time of disclosure, or that ought reasonably to be considered confidential, whether received in writing, visually, electronically, or orally. Confidential information includes, but is not limited to: technical information, marketing and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, procurement requirements, engineering information, samples, computer software (source and object codes), forecasts, the identity of or details about actual or potential Customers or projects, techniques, inventions, discoveries, know-how and trade secrets. “Confidential Information” also includes all such business or technical information of any Third Party that is in Smallution’s possession.

Customer: Any person, organization, or other entity that has signed up for an Account, at any level.

Documentation: the document(s) made available to the Customer by Smallution which set(s) out a description of the Services and the user instructions for the Services.

Effective Date: The date specified in the agreement (or such other date as mutually agreed by Smallution and the Customer in the written notice).

Fees: The fees payable by the Customer to Smallution for the use of the Services.

Landing Builder: Smallution’s landing page creation and editing platform. Features available depending on the Subscription/Account level, including but not limited to lead collection, storage and the ability to create, update, publish, and A/B test customizable landing pages.

Materials: Anything provided by or through Smallution, its employees, licensors, or other commercial partners including, but not limited to, software, source code, informational text, documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof.

Renewal: The extension of the Subscription period.

Services: The Landing Builder, and all features therein.

Subscription: The Subscription plan to be made available to the Customer which allows or enables Authorised Users to gain access to and use the Services and the Documentation in accordance with the Agreement.

Third Party: Any organization or person, other than you or Smallution.

Trial Period: The period of a new Subscription, prior to billing, wherein you have access to features for free for a limited time.

Viruses: Anything or any device (including any software, code, file or programme) which may: (a) prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; (b) prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); (c) adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices; or (d) result in unauthorized access, use, transfer, disclosure or leakage of any Data by or to any third party.

Your Customers: The visitors who access the landing page(s) created by our Landing Builder and may or may not purchase/book your products or Services or complete your conversion goal.

2. Your Account

2.1 Your User ID is the only way to log in and access your Account. You understand and agree that you are responsible for maintaining the confidentiality of your User ID and not disclosing your User ID to any Third Party.

2.2 If you become aware of any unauthorized use of your Account, you are responsible for notifying Smallution immediately.

2.3 Smallution disclaims all liability where Account ownership is disputed and will not participate or play any role in such disputes.

3. Use of Services

3.1. For as long as you adhere to this Agreement and maintain a valid Account owner, Smallution grants you a non-transferable, non-sublicensable, non-exclusive right to access and use the Landing Builder during the Subscription period.

3.2 You are solely responsible for all activities that occur within your Account.

3.3 You agree that you are solely responsible for all content you submit, provide, or upload, including any legal or other consequences for submitting, providing, or uploading it.

3.4 You represent to Smallution that you own any content you provide, upload, submit, or otherwise add to your Account, or that you have obtained any necessary licenses, rights, consents, and permissions to such content and activity. As such, you agree that none of the aforementioned content will in any way violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person, business, organization, or entity.

3.5 You grant Smallution a non-exclusive license to use the content you upload in order to provide the Services to you, including, but not limited to, troubleshooting and publishing your pages. This use may include, without limitation, the right to host, index, cache, store, modify or otherwise format your Content.

3.6 You agree that Smallution is not responsible for any violations of Third Party intellectual property rights in any content that you submit, upload, or otherwise add to Landing Builder. You further agree to pay all royalties, fees, and any other monies owed relating to the use of such content.

3.7 During the use of the Services, you agree not to upload any materials that:

(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(b) facilitates illegal activities;

(c) depicts sexually explicit images;

(d) promotes unlawful violence;

(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(f) is otherwise illegal or causes damage or injury to any person or property;

3.8 You agree not to:

(a) copy, modify, duplicate, create derivative works from frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means;

(b) decompile, reverse compile, disassemble, reverse engineer or attempt to access any source code underlying the Site, the Services, or other Smallution technology;

(c) access all or any part of the Services and Documentation in order to build a product or service using similar ideas, features, functions, interfaces, or graphics;

(d) use the Services and/or Documentation to provide Services to third parties;

(e) attempt to gain unauthorized access to Smallution’s computer systems;

(f) engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Site or Services;

(g) upload any Content, software, or code designed to cause a security breach or override, interfere with the functionality or performance of the Services, or prevent others from accessing or using the Services.

4. Trial Program

4.1 You agree that you will not create multiple Accounts for the purpose of obtaining additional trial periods and receiving trial program benefits. Once such behaviour is suspected, we may terminate/suspend your Account and we reserve the right to ask for the charges for the service you used.

4.2 The free trial period starts with the activation of your Account and lasts for 14 days.

4.3. The free trial shall terminate automatically upon the date and time designated by Smallution at its sole and absolute discretion. To continue the Services after the trial period, the Subscription fee is required to be settled.

5. Subscription Fee & Payment

5.1 The Subscription is on a monthly basis.

5.2 The monthly Subscription on the first month will be calculated on a pro-rata basis. For example, if the Customer subscribed on 12 Dec, the monthly Subscription will be monthly Subscription fee x 20/31 [no.of days remaining/no.of calendar days].

5.3 Smallution will issue invoice(s) to the Customer on the 15th of each month. The Customer should pay the fee within 14 days after the date of issuing the invoice in order to continue using the Services in the next month.

5.4 Unless otherwise specified or agreed, all amounts and fees stated in the agreement or any subsequent invoice as issued by Smallution:

(a) shall be payable in Hong Kong dollars; and

(b) are non-cancellable and non-refundable.

5.5 You agree that you cannot be refunded for periods in which your Account remains open, but you do not use the Services.

6. Renewal

6.1 Your Subscription will automatically renew unless you cancel.

6.2 If you upgrade to a higher-level Subscription plan or downgrade to a lower-level Subscription plan during the Subscription period, changes to Subscriptions will be effective on the 1st of next month.

7. Cancellation and Account Deletion

7.1 You may cancel your monthly Subscription by sending us a written notice in email.

7.2 Cancellations must be completed at least fifteen (15) days prior to the end of your current Subscription period. Cancellations performed after billing are not entitled to refunds, in whole or in part.

7.3 Upon Subscription cancellation, Smallution shall delete your Account within six (6) months of the date of cancellation, unless you re-subscribe before the end of the 6 month period, or make other arrangements with us to retain your Account and its affiliated Personal Data. Account deletion permanently removes all pages, contents, and lead data, as well as your email address and other personal data from our databases.

7.4 Smallution is not responsible for any content lost as a result of Account deletion. We reserve the right to change our data storage and processing capabilities and procedures at any time, without notice or liability, subject to applicable laws.

8. Termination

8.1 Smallution may, at its sole and absolute discretion, give notice of termination in writing to the Customer to suspend or terminate the provision of any or all of its Services to the Customer under the agreement 1 month before the proposed date of suspension or termination without providing any reasons.

8.2 Smallution may, at its sole and absolute discretion, suspend or terminate this agreement and any or all of the Services with immediate effect by giving written notice to the Customer, if :

(a) Smallution considers, at its sole discretion, that the Customer has provided false information to Smallution both before or after signing the agreement, or the Customer did not have the authority to sign the agreement;

(b) Smallution considers, at its sole and absolute discretion, that the Customer’s use of the Services is illegal, or that the Customer has misappropriated or infringed the property of Smallution and/or any third parties;

(c) Smallution reasonably believes that the Customer’s use of the Services under the agreement has exposed or will expose Smallution to any civil or criminal liability;

8.3 On termination of the agreement, all licences granted under the agreement shall immediately terminate and the Customer shall immediately cease to use any or all of the Services and/or the documentation.

9. Intellectual Property Rights

9.1 You acknowledge and agree that all Smallution materials, as defined in the General Terms, are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret, and other intellectual property laws.

9.2 By using the Services, you agree that we may, with or without prior notice or notification, at our sole discretion, immediately remove and/or request you to remove pages, and content if there is any violation of the intellectual property rights.

10. Monitoring

10.1 You acknowledge and agree that we may monitor the Customer/Your Customer’s behaviour (including but not limited to any landing pages created by the Landing Builder), examine the traffic of specific pages, the functioning of the Services, and other investigatory processes as needed.

10.2 We reserve the right to monitor the security and preserve the integrity of our site, resources, data, materials, Customer content, and intellectual property (yours, ours, and Third Parties’).

11. Collection of Personal Information

11.1 If you use the Services to collect and store personal information about identifiable individuals, you agree to take all measures to protect the privacy and legal rights of individuals whose information you collect, and to provide them with a legally sufficient privacy notice or policy.

11.2 You agree to indemnify Smallution and hold us harmless for any failure to comply with the foregoing, or for any claim made against Smallution by any third party related to your use of the Services to collect, store, or use personal or sensitive information.

12. Indemnification

12.1 You agree to indemnify, defend, and hold Smallution harmless from and against any Third-Party claim, demand, loss, damage, cost, or liability (collectively and individually, “Claims”) incurred by:

(a) your use, non-use or misuse of, or connection to the Services and any content;

(b) your violation or alleged violation of this agreement; and

(c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein.

12.2 Smallution reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Smallution and you agree to cooperate with Smallution’s defence of these Claims.

12.3 You agree not to settle any matter without the prior written consent of Smallution. Smallution will use reasonable efforts to notify you of any such claims upon becoming aware of them.

12.4 You agree to compensate Smallution if your operations adversely affect the operation of any of our programmes or data.

13. Change of Terms

13.1 Smallution may revise these Terms and Conditions and/or introduce additional provisions from time to time after giving reasonable notice to the Customer. Such provisions and/or any revision thereto shall become effective when brought to the attention of the Customer and shall be deemed to have been accepted by the Customer if the Customer continues to use the Services after the effective date of such notice.

14. Confidentiality

14.1 Each Party shall hold the other's Confidential Information in confidence and must not make the other's Confidential Information available to any Third Party, or use the other's Confidential Information, for any purpose not contemplated under the agreement.

15. Disclaimer, Exclusion, and Limitation of Liability

15.1 Smallution makes no representations or warranties about the suitability, reliability, availability, timeliness, security, or accuracy of the site, Services, or data made available from the Services. Your use of the site or Services, and all content, material, and Third Party software and content are at your sole responsibility and risk. The site and Services are provided on an “as is” and “as available” basis.

15.2 Smallution disclaims any warranty that the site, the Services, or any content, including, without limitation, any Third Party software and content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the site, Services, and servers are free of viruses or other harmful components.

15.3 Your access to and use of the Services may be interrupted or suspended from time to time for any reason, including, but not limited to, equipment malfunctions, periodic updating, maintenance or repair of the site or Services.

15.4 You acknowledge and agree that you are not entitled to damages or any other form of compensation or relief when outages, delays, downtime, malfunctions, security or system breaches, or other interruptions of service occur.

15.5 Smallution makes no guarantee regarding:

(a) the number of visitors, views, or conversions on any of your landing pages;

(b) the compatibility of any software, hardware, or content with the site or Services.

You are not entitled to compensation, refunds, credits, damages or any form of relief should the site or Services not meetting your expectations.

15.6 Smallution disclaims any liability or responsibility for any unauthorized use of your content by Third Parties, and is not responsible for protecting your content.

15.7 Smallution is not responsible for the acts, omissions, or failures of any Third Party content, service, network, or software or hardware provider, including but not limited to, internet service providers, hosting Services used by Smallution, telecommunications providers, content provided by other users, or any software or hardware not provided by Smallution.

15.8 No advice or information, whether communicated orally or in writing, from Smallution employees, or via the Site or Services, shall create any warranty not expressly stated in this agreement.

15.9 You agree that neither Smallution nor its owners, officers, directors, contractors, licensors or employees, will be held liable to you or any Third Party acting on your behalf, for any tangible or intangible damages or losses arising from or relating to this agreement, your use of or inability to use the site or Services, or your use of Third Party materials, content, or Services.

15.10 Smallution will not be held responsible for any damages, liabilities, losses, or other consequences that you may incur in the event that the site and/or Services are modified, suspended or discontinued.

15.11 In no event shall Smallution’s and its representatives’, officers’, directors’, stockholders’, employees’, or agents’ aggregate liability for all claims, whether in agreement, tort, or any other theory of liability, exceed the cost of Customer’s Subscription.

15.12 The Customer acknowledges that there may be interruptions or temporary failures in the operating system and/or any hardware from time to time (where applicable), which may cause inconvenience, loss of data, errors, tampering or other economic losses to the Customer. The Customer further acknowledges and agrees that it shall take its own measures against the risk of the aforesaid losses when using the Services provided by Smallution.

15.13 Except for loss or damage due to Smallution’s negligence, fraud, or wilful default, Smallution shall not be liable for any loss or damage (whether direct, indirect, or consequential and including, without limitation, loss of profit or interest) arising from or in connection with the Services provided by Smallution.

15.14 Smallution may decide, at its sole and absolute discretion, the mode of provision of its Services, including but not limited to the engagement of third parties to provide any or all of Services and the methods, technologies and approaches to provide Services to the Customer.

15.15 In the case of any disputes under the Agreement, Smallution reserves the right of final decision.

16. Governing Law

16.1 The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Hong Kong.

17. Feedback

17.1 We value and welcome Customer’s feedback. All feedback is Smallution’s exclusive property, and no provider of feedback has a claim to any form of compensation, monetary or otherwise, in exchange for providing it.

Last updated on: 08/01/2023