1. Acceptance
By accessing the SmartLinks website (smartlinks.app) or using the SmartLinks platform and related services (the "Services"), you agree to these Terms of Service. The Services are provided by Prove Anything Limited, a company registered in England and Wales ("SmartLinks", "we", "us").
2. The Services
SmartLinks provides a SaaS Digital Product Passport (DPP) platform, including DPP Portals, GS1 Digital Link resolution, analytics and engagement tools that connect physical products to digital experiences. Specific features, limits and service levels may be set out in an Order Form, subscription plan or written agreement.
3. Accounts
- You must provide accurate registration information and keep credentials confidential.
- You are responsible for activity carried out under your account.
- You must promptly notify us of any unauthorised use.
4. Acceptable Use
You agree not to:
- Use the Services unlawfully or in breach of third-party rights.
- Upload content that is misleading, infringing, defamatory, harmful or unlawful.
- Reverse engineer, scrape, probe or interfere with the Services or underlying infrastructure.
- Attempt to gain unauthorised access to accounts, systems or data.
- Use the Services to send spam or unsolicited communications.
5. Customer Content
You retain ownership of the data, brand assets and product information you submit ("Customer Content"). You grant us a worldwide, non-exclusive licence to host, process and display Customer Content solely to provide the Services. You are responsible for ensuring you have the rights to upload Customer Content and that it complies with applicable law.
6. Subscriptions, Fees & Trials
Paid plans are billed in accordance with the applicable Order Form or pricing page. Unless stated otherwise, fees are non-refundable, exclusive of VAT, and renew automatically for successive periods until cancelled. Free trials and freemium tiers may be subject to limits and may be modified or discontinued.
7. Intellectual Property
The SmartLinks platform, software, designs, trademarks and documentation are owned by Prove Anything Limited or its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription, subject to these Terms.
8. Service Availability
We aim to maintain high availability but do not guarantee uninterrupted access. We may perform maintenance, release updates, and modify features. Any service-level commitments are set out in a written SLA where applicable.
9. Third-Party Services
The Services may interoperate with third-party tools (e.g. Syndigo, Shopify, GS1 registries). We are not responsible for third-party services and your use of them is governed by their own terms.
10. Confidentiality & Data Protection
Each party will protect the other's confidential information. Personal data is handled in accordance with our Privacy Policy. Where we process personal data on your behalf, our Data Processing Addendum forms part of the agreement.
11. Warranties & Disclaimers
The Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
12. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill. Our aggregate liability for claims arising from or related to the Services is limited to the fees paid by you in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be excluded by law.
13. Indemnity
You will indemnify us against claims arising from your Customer Content or your breach of these Terms, except to the extent caused by our negligence or wilful misconduct.
14. Suspension & Termination
We may suspend or terminate access for material breach, non-payment, or where required by law. On termination, your right to use the Services ends and we may delete Customer Content after a reasonable retention window unless legally required to keep it.
15. Changes
We may update these Terms from time to time. Material changes will be notified via the website or by email. Continued use of the Services after changes take effect constitutes acceptance.
16. Governing Law
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute, except where mandatory local law provides otherwise.