1. Acceptance of these terms
These Terms & Conditions (“Terms”) form an agreement between you and Smallution Limited (“Smallution”, “we”, “us” or “our”). By accessing smallution.com, submitting a form, using our AI Website Builder, Landing Builder, software, generated websites, or other services (collectively, the “Services”), you agree to these Terms and our Privacy Policy.
If you use the Services for a company or other organisation, you confirm that you have authority to bind that organisation. If you do not agree to these Terms, do not use the Services.
2. Our services
Smallution provides technology consultancy, software development, product design, data and analytics, AI implementation, managed operations, website-building tools, and related services. Features, availability, eligibility, and limits may vary by service and may change over time.
Information on our website is general information and is not a binding quotation, guarantee, or commitment to deliver a project. Project scope, deliverables, fees, timetable, acceptance criteria, support, and ownership arrangements will be set out in the applicable proposal, order form, or service agreement.
3. AI Website Builder and generated output
Our AI Website Builder may use automated systems and third-party AI models to generate copy, layouts, code, images, suggestions, or other materials (“Output”) based on information you submit (“Input”).
- Output may be inaccurate, incomplete, outdated, unsuitable, or similar to content generated for another user.
- We do not guarantee originality, exclusivity, search ranking, accessibility compliance, regulatory compliance, or fitness for a particular purpose.
- You must review, test, edit, and approve Output before publishing or relying on it.
- You are responsible for claims, contact details, prices, offers, intellectual property, privacy notices, and other content displayed on a generated website.
- A generated website may initially be provided as a preview, demonstration, or limited service and may be subject to storage, traffic, feature, or availability limits.
Subject to these Terms and any applicable project agreement, you may use Output generated specifically for you for your lawful business purposes. This permission does not grant rights in third-party material, our platform, underlying models, templates, software, branding, or pre-existing intellectual property.
4. Your content and permissions
You retain ownership of Input and other materials you submit where you already own those rights. You grant Smallution and our service providers a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, adapt, and display that material only as reasonably necessary to provide, secure, support, and improve the Services.
You confirm that:
- you have all rights, permissions, and lawful bases required to submit and use the material;
- the material does not infringe intellectual property, privacy, confidentiality, contractual, or other rights;
- the material is accurate where accuracy is relevant; and
- you will not submit sensitive personal data unless expressly agreed with us and adequately protected.
5. Acceptable use
You must not use the Services to:
- break any law, regulation, court order, or third-party right;
- create or distribute unlawful, fraudulent, deceptive, defamatory, discriminatory, abusive, obscene, or harmful material;
- impersonate another person or misrepresent affiliation, endorsement, origin, or authority;
- send spam, facilitate phishing, distribute malware, interfere with systems, or bypass security or usage controls;
- collect or process personal data without appropriate notice, consent, authority, and safeguards;
- reverse engineer, scrape, copy, resell, or exploit the Services except where expressly permitted by law or written agreement; or
- use Output as the sole basis for high-impact decisions involving legal rights, employment, credit, insurance, healthcare, safety, or other similarly sensitive matters.
6. Accounts and security
Where an account or verification process is required, you must provide accurate information, keep credentials and verification codes secure, and promptly notify us of suspected unauthorised access. You are responsible for activity conducted through your account unless caused by our breach of duty.
We may reject registrations, impose reasonable limits, require business contact details, or suspend access where necessary to prevent fraud, abuse, security risks, or repeated use of a limited promotional offer.
7. Fees, payment, and cancellation
Fees, taxes, billing frequency, payment dates, renewal, cancellation, and refund terms will be shown at purchase or stated in the relevant proposal or agreement. Unless otherwise stated, fees are quoted in the specified currency and exclude applicable taxes.
Failure to pay an undisputed amount when due may result in suspension or termination after reasonable notice. Free trials, previews, and promotional services may be changed or withdrawn at any time, subject to applicable law.
8. Intellectual property
Smallution and our licensors retain all rights in the Services, including our software, platform, source code, workflows, interfaces, designs, templates, documentation, trademarks, logos, and know-how. Except for the limited rights expressly granted under these Terms, no intellectual property rights are transferred to you.
Project-specific ownership and licence terms may be set out separately. Feedback you voluntarily provide may be used by us without restriction or payment, provided we do not publicly identify you without permission.
9. Third-party services
The Services may depend on or link to third-party hosting, AI, communications, analytics, payment, domain, or other services. Their terms and privacy policies may apply separately. We are not responsible for third-party content, systems, availability, or acts beyond our reasonable control.
10. Availability and changes
We aim to provide reliable Services but do not guarantee uninterrupted, secure, or error-free operation. Maintenance, upgrades, outages, provider failures, emergencies, or events beyond our reasonable control may affect availability. We may modify, replace, suspend, or discontinue a feature where reasonably necessary.
11. Disclaimers
To the maximum extent permitted by law, the website, self-service tools, previews, and AI-generated Output are provided “as is” and “as available”. We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
12. Limitation of liability
To the maximum extent permitted by law, Smallution will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profit, revenue, opportunity, goodwill, data, or anticipated savings arising from the Services or Output.
Unless a signed service agreement states another limit, our total aggregate liability arising from a Service will not exceed the amount you paid us for that Service during the twelve months immediately before the event giving rise to the claim. These limits do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, or liability that cannot legally be limited.
13. Indemnity
To the extent permitted by law, you will indemnify Smallution against third-party claims, losses, and reasonable costs arising from your unlawful use of the Services, your Input or published content, your infringement of another person's rights, or your material breach of these Terms.
14. Suspension and termination
You may stop using the Services at any time, subject to applicable payment or project commitments. We may restrict, suspend, or terminate access where you materially breach these Terms, create a security or legal risk, fail to pay amounts due, or misuse the Services. Where appropriate, we will provide notice and a reasonable opportunity to remedy the issue.
Provisions intended by their nature to survive termination—including intellectual property, payment obligations, disclaimers, liability, indemnity, and governing law—will continue to apply.
15. Changes to these terms
We may update these Terms by posting a revised version and changing the “Last updated” date. Material changes may also be communicated through the website, account, or email where appropriate. Continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.
16. Governing law
These Terms are governed by the laws of the Hong Kong Special Administrative Region. The courts of Hong Kong have exclusive jurisdiction over disputes arising from these Terms, unless a signed agreement states otherwise or applicable law requires another forum.
If any provision is held invalid or unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them as part of a reorganisation or transfer of our business.
17. Contact us
Questions about these Terms may be sent to Smallution Limited at cs@smallution.com or +852 5710 1466.