Terms of Service

Effective Date: January 1, 2025  ·  Last Updated: January 1, 2025

Please read these Terms of Service ("Terms") carefully before using any application or website operated by Smidgovation LLC ("Smidgovation," "we," "our," or "us"). By creating an account or using any of our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our apps (including Skutl), websites, or any related services (collectively, the "Services"), you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, do not use our Services.

2. Eligibility

You must be at least 13 years old to use our Services. By using the Services, you represent and warrant that you meet this age requirement. If you are between 13 and 18 years old, you represent that a parent or guardian has reviewed and agreed to these Terms on your behalf. Smidgovation reserves the right to terminate accounts found to belong to users under age 13.

3. Accounts

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must provide accurate, current, and complete information when creating an account.
• You may not create an account on behalf of another person without their permission.
• You may not sell, transfer, or sublicense your account to any other party.

Notify us immediately at support@smidgovation.com if you suspect unauthorized use of your account.

4. User Content

Your Content

You retain ownership of content you submit, post, or display through our Services ("User Content"). By submitting User Content, you grant Smidgovation a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute such content solely for the purpose of operating and improving our Services.

Content Standards

You agree that your User Content will not:

• Be false, misleading, or fraudulent
• Be defamatory, abusive, harassing, threatening, or hateful
• Contain nudity, sexual content, or graphic violence
• Infringe any third party's intellectual property, privacy, or other rights
• Contain malware, viruses, or harmful code
• Violate any applicable law or regulation
• Impersonate another person or entity

Moderation

We reserve the right to remove any User Content that violates these Terms or that we find objectionable, at our sole discretion and without prior notice.

5. Prohibited Uses

You may not:

• Use our Services for any unlawful purpose or in violation of any applicable law
• Scrape, crawl, or harvest data from our Services without written permission
• Attempt to reverse-engineer, decompile, or disassemble any part of our Services
• Interfere with or disrupt the integrity or performance of our Services or servers
• Attempt to gain unauthorized access to any portion of our Services
• Use automated scripts, bots, or other means to interact with our Services
• Create multiple accounts to circumvent restrictions or bans
• Use our Services to spam, solicit, or advertise to other users

6. Intellectual Property

All content, features, functionality, software, and design of our Services — excluding User Content — are the exclusive property of Smidgovation LLC and its licensors, protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

7. Subscriptions and In-App Purchases

• Certain features are available through paid subscriptions or one-time in-app purchases processed by Apple or Google.
• All purchases are final unless otherwise required by applicable law. Returns and refunds are governed by the applicable app store's policies.
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Cancel through your App Store or Google Play account settings.
• Prices are subject to change. We will provide reasonable notice of any price changes.
• A subscription grants access to designated premium features only and does not confer any ownership rights.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMIDGOVATION LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID SMIDGOVATION IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.

10. Indemnification

You agree to indemnify, defend, and hold harmless Smidgovation LLC and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Services, your User Content, or your violation of these Terms.

11. Termination

We may suspend or terminate your account and access to the Services at any time, with or without cause and with or without notice, including for violations of these Terms. You may terminate your account at any time by contacting us or using in-app account deletion if available. Upon termination, the rights granted to you under these Terms will cease immediately.

12. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Maryland, United States, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Services shall be resolved by binding arbitration on an individual basis, rather than in court. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Changes to These Terms

We may revise these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this page. For material changes, we will provide notice via in-app alert or email. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

14. Contact Us

Questions about these Terms? Contact us:

Smidgovation LLC
Email: legal@smidgovation.com