Terms of Use

Last Updated: 15 October 2022

Terms of Use

The following are the terms of a legal agreement between you and Smallize Pty Ltd, also known as Smallize, which maintains this website and its subsidiaries. By accessing, browsing, and/or using this website or its subsidiaries, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this website.

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Smallize may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.

The security procedures and measures Smallize uses are publicly available at security practices, which is incorporated herein by reference and may be updated from time to time. Regarding the protection of user data, Smallize will maintain administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of User Data as described in the security policy above. These safeguards will include, but are not limited to, measures for preventing access, use, modification, or disclosure of User Data by Smallize personnel except (a) to provide the Service and address service or technical problems, (b) as required by law, or (c) as a User or User expressly permits in writing.

The Services are performed using equipment or facilities located in the United States. Smallize’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission). This provides legal grounds for assuring that when processed in the United States, the personal data of EU citizens processed by Smallize customers when using the Service will receive an adequate level of protection as defined by Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).

By agreeing to these Terms, the User grants Smallize a general authorization within the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purpose of providing the Service. The list of processors Smallize uses is publicly available at subprocessors. Smallize will inform the User of changes in such processors in accordance with the procedure for modifying these Terms as stipulated in this agreement.

For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the User (data subject) and Smallize as both the data controller and the data processor (Smallize is the data processor where the User makes use of a Metered License). The User hereby instructs Smallize to control and process the data as described in these Terms.

Subject matter and nature of processing: Smallize provides a Service whereby to access the User must sign up for an account which involves supplying personal information. Smallize collects and uses customer information to send newsletters, keep purchase records, and retain forum posts. With a Metered license, Smallize also acts as the processor of usage data.

Duration: Smallize will collect data on behalf of the User until the termination of the User’s account. Upon termination, Smallize will store the User’s data for 7 days, should the User wish to reopen the account to resume use of Smallize’s Service or to export data, unless instructed otherwise by the User. Smallize deletes or returns all personal data to the User after the end of the provision of services relating to processing and deletes existing copies unless Union or Member State law requires storage of the personal data.

Parties’ rights and obligations: The User’s rights and obligations regarding User Data are provided in these Terms. Smallize ensures that persons authorized to process personal data have committed to confidentiality or are under an appropriate statutory obligation of confidentiality. Smallize takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679 and undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the User.

Unlawful Client Data: Smallize is not obliged to pre-screen, monitor, or filter any User Data or acts of its processing by the User to discover any unlawful nature therein. However, if such unlawful User Data or its unlawful processing is discovered or brought to Smallize’s attention, or if there is reason to believe that certain User Data is unlawful, Smallize has the right to:

• notify the User of such unlawful User Data;
• deny its publication on the website or its insertion into the System;
• demand that the User bring the unlawful User Data into compliance with these Terms and applicable law;
• temporarily or permanently remove the unlawful User Data from the website or Account, restrict access to it, or delete it.

If Smallize is presented with convincing evidence that the User Data is not unlawful, we may, at our sole discretion, restore such User Data that was removed from the website or Account or access to which was restricted.

Additionally, if Smallize believes in its sole discretion that User Data violates applicable laws, rules, or regulations or these Terms, Smallize may (but is not obligated to) remove such User Data at any time with or without notice. Without limiting the generality of the preceding sentence, Smallize complies with the Digital Millennium Copyright Act and will remove User Data from the Platform upon receipt of a compliant takedown notice.

Smallize, as the data controller and data processor, will assist the User as the data subject in meeting the User’s obligations under Regulation (EU) 2016/679, providing subject access, and allowing data subjects to exercise their rights under Regulation (EU) 2016/679.

Smallize assumes no responsibility regarding the accuracy of the information provided by Smallize, and the use of such information is at the recipient’s own risk. Smallize provides no assurances that any reported problems may be resolved with the use of any information that Smallize provides.

By sending Smallize any information or material, you agree that Smallize and its affiliates may collect and use technical information, excluding any confidential information, gathered as part of the product support services provided to you. Smallize may use this information solely to improve our products or to provide customized services or technologies to you. No information is collected by the product; technical information must be provided to Smallize by you through the support process. Please review our Privacy Policy for more details.

Smallize makes no representations whatsoever about any other website you may access through this one. When you access a non-Smallize website, even one that may contain the Smallize logo, please understand that it is independent from Smallize and that Smallize has no control over the content on that website. In addition, a link to a non-Smallize website does not mean that Smallize endorses or accepts any responsibility for the content or use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

IN NO EVENT WILL SMALLIZE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL INFORMATION IS PROVIDED BY SMALLIZE ON AN “AS IS” BASIS ONLY. SMALLIZE PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.

Smallize may at any time revise these terms by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

Copyright Notice

Last Updated: 15 October 2022

Copyrights

All of the content included on this website, as well as all websites operated by Smallize Pty Ltd, including all of the text, graphics, photographs, graphs, sounds, data, images, audio, and video clips available on this website, are the property of Smallize Pty Ltd, its licensors, or content suppliers, and are protected by Australian and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all content available on this website is the exclusive property of Smallize Pty Ltd and is protected by Australian and international copyright laws. All of the content available on this website may only be used by you as a shopping and information-gathering resource. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content of this website, or use this website for any other purpose.

Trademarks

“Smallize”, as well as all brands operated by Smallize Pty Ltd, are trademarks. All other graphics, logos, products, and service names used on this website or any other website by Smallize Pty Ltd are the trademarks of Smallize Pty Ltd. These trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits Smallize Pty Ltd. All other trademarks, brands, names, and logos appearing on this website are the property of their respective owners.

EULA

Last Updated: 15 May 2024

End User License Agreement

IMPORTANT: READ CAREFULLY: This Smallize End User License Agreement (“Agreement”) is a legal agreement between You and Smallize for the materials accompanying this Agreement, which may include computer software, printed materials, and “online” or electronic documentation and resource files, project and solution files for Smallize Products. The Product is licensed, not sold.

BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, DOWNLOAD, COPY OR USE THE PRODUCT.

1. DEFINITIONS

1.1. “API” or “Application Programming Interface” means a publicly accessible interface defining the ways by which an application program may request services from libraries and/or software.

1.2. “Smallize” or “Company” means Smallize Pty Ltd and its subsidiaries.

1.3. “Commercial Deployment” means any distribution of End User Software by You to third-party end users, either directly or through distribution channels. Each customer, either an individual or a single entity, of Your End User Software counts as one (1) Commercial Deployment.

1.4. “Confidential Information” is any information marked as confidential. Confidential Information does not include information: (a) which is publicly known; (b) which is disclosed to the other party without restriction by a third party and without any breach of confidentiality by the third party; or (c) which is developed independently by the other party without reliance on any of the discloser’s Confidential Information.

1.5. “Developer” means one of Your employees or third-party consultants authorized to develop End User Software specifically for You using the Product in accordance with this Agreement. For the avoidance of doubt, the term Developer may include report authors or administrators when referring to Reporting Products.

1.6. “End User Software” means an end user program which You develop using a Smallize Product and into which one or more of the Redistributables are linked, and which contains significant additional functionality over and above the functionality contained in the Smallize Product.

1.7. “Enhanced Support” means any paid support package, including Developer Support, Business Support, and Enterprise Support.

1.8. “Evaluation Version” means use of the Product without a License File. An Evaluation Version is a fully functional version of the Product except the results produced will include a Smallize watermark or a feature limitation, specified by the Product documentation.

1.9. “License File” means an electronic file which enables the Product to operate without evaluation restrictions. The License File is generated by Smallize when the Product is purchased and is provided to You. The License File contains information about You, the Product, and the license grant.

1.10. “Maintenance Subscription” means paid access to Product Updates and fixes.

1.11. “Metered Products” means Products licensed under the titles ‘Metered Small Business License’ and “Metered OEM License.”

1.12. “Metered Fee” means a monthly fee that Smallize will charge You for the use of Metered Products. The Metered Fee shall be calculated based on Your usage of the Metered Product for the prior thirty (30) day period.

1.13. “Physical Location” means any distinct physical address. For example, each store and/or office within a company with a unique address is classed as a separate physical location.

1.14. “Product” or “Smallize Product” means the software development products licensed under this Agreement.

1.15. “Redistributables” means runtime libraries and files intended for duplication and distribution with the End User Software.

1.16. “Reporting Products” means all Smallize SharePoint, SQL Server Reporting Services (“SSRS”), and JasperReports Products.

1.17. “SaaS” or “Software as a Service” means a model of software deployment whereby a provider licenses an application to customers for use as a service on demand.

1.18. “SDK” or “Software Development Kit” means a set of development tools that allows a software engineer to create applications for a certain software package, software framework, hardware platform, computer system, video game console, operating system, or similar platform.

1.19. “SDK Products” means Products licensed under the titles ‘Developer SDK’ and ‘Site SDK.’

1.20. “Temporary License File” means an electronic file which enables the Product to operate without evaluation restrictions for a limited period of time. The Temporary License File is generated by Smallize and is provided to You. The Temporary License File contains information about You, the Product, and the evaluation period.

1.21. “Unmetered Products” means Products licensed under the titles ‘Developer Small Business License,’ ‘Developer OEM License,’ ‘Site Small Business License,’ ‘Site OEM License,’ ‘Developer SDK,’ and ‘Site SDK.’

1.22. “Unwrappable Products” means Products licensed under the titles ‘Developer Small Business License,’ ‘Developer OEM License,’ ‘Site Small Business License,’ and ‘Site OEM License.’ Unwrappable Products are subject to the Redistribution Restrictions defined in Section 3.1 “Redistribution Restrictions for Unwrappable Products.”

1.23. “Updates” means technical support, new version, new release, and/or supplements to the Product and/or related information.

1.24. “You” or “Your” means the purchaser, either an individual or a single entity.

2. GRANT OF LICENSE

Smallize grants You the rights described in this Agreement provided that You comply with all the terms and conditions of this Agreement:

2.1. General License Grant. Except for termination for cause, Smallize hereby grants to You a nonexclusive, nontransferable, perpetual license to use any versions of the Product that were accessible during the term of this Agreement. Smallize grants use of the Product according to one of the license types below as identified in the Product title. Such use shall be in accordance with the provisions of this Agreement, including the restrictions in Section 3 DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS, which shall survive any termination of this Agreement.

2.2.1. Developer Small Business License. A Developer Small Business license permits One (1) Developer to create an unlimited number of End User Software using the Product which can be used at only One (1) Physical Location (distinct address or office building) within Your organization. This license type does not allow distribution of End User Software to third parties, public-facing websites/applications, extranets, multi-site intranets, or SaaS project usage scenarios.

2.2.2. Developer OEM License. A Developer OEM license permits One (1) Developer to create an unlimited number of End User Software using the Product which can be used at an unlimited number of Physical Locations (distinct address or office building) within or outside of Your organization. This license type allows distribution of End User Software to third parties, public-facing websites/applications, extranets, multi-site intranets, app stores, or SaaS project usage scenarios.

2.2.3. Site Small Business License. A Site Small Business license permits up to Ten (10) Developers to create an unlimited number of End User Software using the Product which can be used at Ten (10) Physical Locations (distinct address or office building) within Your organization. This license type does not allow distribution of End User Software to third parties, public-facing websites/applications, extranets, or SaaS project usage scenarios. It can support multi-site intranet usage subject to the restrictions on Developers and Physical Location numbers.

2.2.4. Site OEM License. A Site OEM license permits up to Ten (10) Developers to create an unlimited number of End User Software using the Product which can be used at an unlimited number of Physical Locations (distinct address or office building) within or outside of Your organization. This license type allows distribution of End User Software to third parties, public facing web sites/applications, extranets, multi-site intranets, app stores or SaaS project usage scenarios

2.2.5. Metered Small Business License. A Metered Small Business license permits an unlimited number of Developers to create an unlimited number of End User Software using the Product which can be used at One (1) Physical Location (distinct address or office building) within Your organization. This license type does not allow distribution of End User Software to third parties, public facing web sites/applications, extranets or SaaS project usage scenarios; it may only be used for internal applications, intranets or private cloud servers.

2.2.6. Metered OEM License. A Metered OEM license permits an unlimited number of Developers to create an unlimited number of End User Software using the Product which can be used at an unlimited number of Physical Locations (distinct address or office building) within or outside of Your organization This license type allows distribution of End User Software to third parties, public facing web sites/applications, extranets, multi-site intranets, app stores or SaaS project usage scenarios.

2.2.7. Developer SDK. A Developer SDK license permits One (1) Developer to create an unlimited number of End User Software using the Product which can be distributed to fifty (50) Commercial Deployments (distinct customers). This license type allows distribution of End User Software to third parties, public facing web sites/applications, extranets, multi-site intranets, app stores or SaaS project usage scenarios.

2.2.8. Site SDK. A Site SDK license permits up to Ten (10) Developers to create an unlimited number of End User Software using the Product which can be distributed to two hundred fifty (250) Commercial Deployments (distinct customers). This license type allows distribution of End User Software to third parties, public facing web sites/applications, extranets, multi-site intranets, app stores or SaaS project usage scenarios.

2.3. Evaluation Versions and Temporary Licenses. When using an Evaluation Version or a Temporary License, You MAY NOT use the Product to produce any End User Software with the exception of Works produced exclusively for the purpose of Product evaluation. If You use the Product in any other End User Software, You must purchase the applicable license or You may be sued for collection and punitive damages. If You do not agree to these terms, then do not evaluate the Product and remove it from Your computer immediately. Temporary licenses are limited to three (3), thirty (30) day licenses per customer per twelve (12) month period.

2.4. Documentation. You may make any number of copies of the electronic and other documentation provided with the Product or downloaded from the Smallize website, provided that all copies must be used only for internal purposes and may not be republished or distributed externally.

2.5. No Disassembly. You may not reverse engineer, decompile, disassemble, create derivative works or in any other way try to gain access to information regarding the construction of the Product(s).

2.6. No Transfer. You may not rent, lease, lend, sub-license, sell, assign, transfer or pledge the Product in a standalone fashion or this Agreement, on a temporary or permanent basis, unless you first receive written permission from Smallize.

2.7. Reservation of Rights. Smallize reserves all rights not expressly granted herein.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

3.1. Redistribution Restrictions for Unwrappable Products

3.1.1. Unwrappable Products may not be distributed in any form that allows the Product to be reused by any application other than Your End User Software.

3.1.2. Unwrappable Products may not be included as part of an SDK.

3.1.3. Unwrappable Products may not be used to develop End User Software that offer similar or competing functionality as the Product or expose features of the Product through an API for use by an unlicensed third party.

3.1.4. Unwrappable Products may not be used to develop End User Software that offer similar functionality as the Product for any programming language, development framework or platform, including but not limited to .NET, Java, C++, Python, PHP, Ruby on Rails, node.js, SQL Reporting Services, JasperReports, SharePoint, Microsoft Dynamics, Microsoft Azure, Amazon Web Services (“AWS”), SalesForce.com, Google App Engine, Google Compute Engine or any other PaaS (Platform as a Service) or IaaS (Infrastructure as a Service) providers.

3.2. Redistribution Restrictions for SDK Products

3.2.1. Users of Your End User Software must not access the Product directly. Any functionality from the Product must be accessed through Your End User Software.

3.2.2. End User Software may not copy or use the API structure of the Product. End User Software must have a unique API structure and offer functionality beyond what is utilized from the Product.

3.3. Redistribution Restrictions for all Products

3.3.1. Your License File must be protected to ensure no unauthorized access or unintended distribution is possible.

3.3.2. Smallize will not provide support for End User Software, Smallize will only provide support for the Product.

3.3.3. End User Software may not use any of the brands of the Company in their naming nor may any of the brands of the Company appear in their name, without prior written permission from Smallize.

3.3.4. The name “Smallize” must not be used to endorse or promote End User Software without prior written permission. For written permission, please contact sales@smallize.com.

3.4. Metered Product Abuse. If Smallize detects attempts to circumvent, abuse, harm or improperly utilize the Metered Product or licensing server, then Smallize may temporarily or permanently restrict, suspend, or disable your account’s access to the Metered Product or licensing server without notice. Smallize, in its sole discretion, will determine abuse or improper usage.

3.5. Term. The term of this Agreement shall continue perpetually from the date of purchase unless terminated according to Section 3.6.

3.6. Termination. Without prejudice to any other rights, either party may terminate this Agreement if the opposite party fails to comply with the terms and conditions of this Agreement. In such event, You must destroy all copies of the Product, including but not limited to backups and all component parts and End User Software.

3.7. Survival. Unless by its nature a provision cannot survive this Agreement, the provisions of this Agreement shall survive the expiration or any termination of this Agreement.

** 3.8.** Consent to Use of Data. You agree that Smallize may collect and use technical information, excluding any Confidential Information, gathered as part of the Product support services provided to You. Smallize may use this information solely to improve our Products or to provide customized services or technologies to You. No information is collected by the Product; technical information must be provided to Smallize by You through the support process.

4. CONSIDERATION

4.1. Currency. All dollar amounts set forth in this Agreement are in U.S. currency.

4.2. Consideration for Metered Products. For the rights and license granted in this Agreement, each month Smallize will issue an invoice for the Metered Fee. You will pay the Metered Fee to Smallize within thirty (30) days after receipt of the invoice. If the Metered Fee is not paid with thirty (30) days after receipt of the invoice, then Smallize may terminate Your access to the Metered Product at their discretion. All Metered Fees are nonrefundable unless otherwise explicitly stated in this Agreement.

4.3. Consideration for Unmetered Products. For the rights and license granted in this Agreement, You will pay Smallize the currently published price available at Smallize.com or another mutually agreed upon amount to appear on a valid invoice.

4.3.1. Refund Policy. Smallize may, in its sole discretion, provide a refund for Unwrappable Products within the first 15 days after payment is received. Refunds will be administered as described in the refund policy.

4.4. Taxes. The license fees and any other amounts payable pursuant to the terms and conditions herein are exclusive of any taxes or duties, now in force or enacted in the future, in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Smallize, You must pay to Smallize the amount of such taxes or duties in addition to any fees owed under this Agreement.

5. MAINTENANCE, UPDATES AND DISCONTINUATION

5.1. Maintenance for Metered Products. A thirty (30) day Maintenance Subscription is included each time the Metered Fee is paid. A Maintenance Subscription cannot be renewed if Your access to the product has been terminated due to nonpayment of the Metered Fee.

5.2. Maintenance for Unmetered Products. Initial purchase of an Unmetered Product includes a one-year Maintenance Subscription. Thereafter, You may renew Your Maintenance Subscription annually. A Maintenance Subscription entitles the purchaser to Updates of the Product and access to Product fixes for a period of one (1) year (365 days).

5.3. Updates. Smallize may, in its sole discretion, provide technical support and/or Updates to You hereunder.

5.4. Technical Support. Technical Support, whether free or through a paid Enhanced Support subscription is provided with the following conditions:

5.4.1. Technical support is provided only through Smallize Support Forums. You agree not to attempt to bypass the Support Forums via phone, email, or other means.

5.4.2. Smallize does not guarantee that any fix will be provided in any given time period. Any estimates provided are estimates only and are not binding or enforceable.

5.4.3. Updates and fix notifications are posted in the Smallize Support Forum; they are not provided directly to You. You agree to check the relevant Support Forum for Updates and fixes.

5.4.4. Smallize will provide support status updates when You request them.

5.4.5. Smallize will typically provide support for the Product throughout the license subscription period whether the Product has been migrated or not. However, Smallize reserves the right to cancel support, whether provided for free or Enhanced Support for a fee, at any time and for any reason.

5.5. Enhanced Support. Enhanced Support services will be provided substantially as described in the description of services available at http://www.smallize.com. In addition to the terms in Section 5.4, the following shall apply:

5.5.1. Smallize shall use reasonable efforts to solve problems identified by You; however, Smallize does not warrant that it will solve any particular problem in a given timescale, or at all.

5.5.2. Enhanced Support packages are subject to fair use policies as described on the Enhanced Support product descriptions.

5.6. Product Migrations. Smallize reserves the right to merge or split Products at any time, whether offered individually or as a part of a Product suite. If a Product which You own a current Maintenance Subscription for is merged with another Product, then a license for the subsequent Product will be made available to You at no additional fee. If a Product which You own a current Maintenance Subscription for is split into separate Products, then a license for the subsequent Products will be made available to You at no additional fee.

5.7. Close of Business. If for any reason, including insolvency or dissolution, Smallize is unable to remain in business under the Smallize name or another name they will provide the following remedy to each license owner:

5.7.1. Smallize will make a reasonable effort to notify You at least thirty (30) days prior to close of business.

5.7.2. You will be provided with the option of purchasing source code for the Product for which You own current Maintenance Subscription at a cost of no more than the cost of a single Site OEM license at that time. Some proprietary portions of the source code may be provided in compiled form only.

6. DELIVERY

The Product and any associated materials are provided in electronic format only. You are responsible for downloading the Product from the Smallize website: http://www.smallize.com. Upon purchase, Smallize shall deliver to You a License File which will enable the Product to function in the purchased license capacity. Your License File must be protected in the manner described in Section 3.3.1. Previous versions of the Product will only be available for a twelve (12) month period from the date of publishing; access to previous versions once removed will only be available to customers who hold a current subscription for the Product. CUSTOMERS ARE ADVISED TO KEEP A BACKUP COPY OF ANY DOWNLOADED PRODUCT FOR FUTURE USE.

7. INTELLECTUAL PROPERTY RIGHTS

All title and intellectual property rights in and to the Product (including but not limited to any Smallize trademarks, copywritten images, demos, source code, intermediate files, packages, photographs, Redistributables, animations, video, audio, music, text, and “applets” incorporated into the Product and any copies of the Product that You are expressly permitted to make herein) and any derivative works are owned by Smallize or its suppliers. All rights not expressly granted are reserved by Smallize.

8. NONDISCLOSURE

Both Parties recognize that the other Party may obtain proprietary and/or Confidential Information in the course of their business. Each Party agrees to protect each other’s Confidential Information as follows:

8.1. Time and Method. Both during the term of this Agreement and for a period of five (5) years after termination or expiration of this Agreement to hold each other’s Confidential Information in confidence and to protect the disclosed Confidential Information by using the same degree of care to prevent the unauthorized use, dissemination or publication of the Confidential Information as they use to protect their own confidential information of a like nature.

8.2. Permitted Disclosure to Employees. Each Party agrees that it will only disclose Confidential Information to its responsible employees, contractors, professional advisors and similarly situated individuals who have a bona fide need to know and who are bound by agreement or by law to keep such information confidential.

8.3. Other Permitted Disclosures. Each Party may disclose Confidential Information (i) as authorized by the other Party in writing or (ii) to the extent required by applicable law, court, or government agency, provided that the Party required to disclose Confidential Information promptly notifies the other Party and cooperates with any efforts by the other Party, at the other Party’s expense, to limit such disclosure by means of seeking a protective order or requesting confidential treatment. Other than those expressly allowed under this Section 8 of the Agreement, no other disclosures of Confidential Information are permitted.

9. LINKS TO THIRD PARTY SITES

You may be linked to third party sites through the use of the Product documentation. The third party sites are not under the control of Smallize, and Smallize is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Smallize is not responsible for webcasting or any other form of transmission received from any third party sites. Smallize provides the links to third party sites to You only as a convenience, and the inclusion of any link does not imply an endorsement by Smallize of the third party site.

10. LIMITED WARRANTY AND DISCLAIMER

10.1. Except with respect to an Evaluation Version of the Product, Smallize warrants that, for a period of thirty (30) days from the date of purchase (as evidenced by a copy of Your receipt) when used with a recommended hardware configuration, the Product will perform in substantial conformance with the documentation supplied with the Product. This warranty applies only on initial Product purchases and does not apply to Maintenance Subscription renewals or Updates.

10.2. SMALLIZE PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR EVALUATION VERSIONS OF THE PRODUCT. THE EVALUATION VERSION OF THE PRODUCT IS PROVIDED “AS IS”.

10.3. SMALLIZE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SMALLIZE DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. SMALLIZE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

10.4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

10.5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMALLIZE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

11. EXCLUSIVE REMEDY

Your exclusive remedy for breach of warranty is to return the Product to the place You acquired it, with a copy of Your receipt and a description of the problem. If You report a breach of warranty to Smallize no more than thirty (30) days from the date of purchase, then Smallize will use reasonable commercial efforts to supply You with a replacement copy of the Product that substantially conforms to the documentation, or refund to You Your purchase price for the Product, at its option. Smallize shall have no responsibility if the failure arises out of use of the Product with other than a recommended hardware configuration. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT.

12. LIMITATION OF LIABILITY

Except with regard to: (i) breach of confidentiality obligations; and (ii) any costs associated with the defense chosen by Smallize pursuant to Section 13 INDEMNITY, and (iii) settlement, to the infringed upon party, of an intellectual property right claim or moral right claim, liability shall be limited as follows:

12.1. NEITHER SMALLIZE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SMALLIZE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE OSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12.2. SMALLIZE’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES, FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT CAUSED SUCH DAMAGE.

12.3. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT.

12.4. Force Majeure. Smallize is not liable hereunder by reasons of failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, war, acts of terrorism, fires, flood, storm, explosions, earthquakes, acts of God, government action, labor conditions, or any other cause which is beyond its control.

13. INDEMNITY

You agree to hold Smallize harmless against, and at Your expense handle and defend, any claim and defend any third party suit brought against You based upon an allegation that any software developed by You and included in End User Software produced using the Product constitutes an infringement of any international patent, or any copyright or other proprietary or intellectual property right. You shall pay all damages and costs awarded in such suit.

Smallize will indemnify, defend and hold You, and/or Your and/or its affiliated and/or subsidiary companies harmless against any claims, legal actions, losses and other expenses arising out of or in connection with any claims that the Product and/or related documentation infringes or violates any intellectual property right of any third party (“Claim”).

Smallize’s indemnity obligations are further conditioned upon You promptly notifying Smallize of the Claim and giving Smallize sole control of the defense and negotiations for its settlement or compromise. If You become, or may become, prohibited from continued use of the Product by reason of an actual or anticipated Claim, Smallize will use its reasonable efforts to do the following: (a) obtain for You the right to use the Product, or (b) replace or modify such Product so that it is no longer subject to a Claim, but performs the same functions in an equivalent manner.

In the event that Smallize determines, in its sole discretion, that neither (A) nor (B) is commercially reasonable, Smallize shall refund pro-rata unused license fees paid by You for the infringing Product.

14. NO WAIVER

No action taken by either party pursuant to this Agreement, and no waiver by either party, whether express or implied, of any provision or right in this Agreement or any breach thereof, and no failure of either party to exercise or enforce any of its rights under this Agreement, will constitute a continuing waiver with respect to such provision or right or as a breach or waiver or any other provision or right, whether or not similar.

15. SEVERABILITY

If any covenant or provision of the Agreement is determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from this Agreement and shall not effect or impair the enforceability or validity of any other covenant or provision of this Agreement or any part thereof.

16. GOVERNING LAW

This Agreement is made in the State of New South Wales, Australia and shall be governed and interpreted according to the laws of New South Wales, Australia. Any lawsuit filed regarding this Agreement shall be filed in New South Wales, Australia. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

17. CAPTIONS

All indexes, titles, subject headings, section titles, and similar items are provided for the purpose of reference and convenience and are not intended to be inclusive, efinitive, or to affect the meaning or scope of this Agreement.

18. UPDATES

Smallize may make updates and changes to this license Agreement from time to time. Such changes will be posted on our website at http://www.smallize.com as well as distributed with the Product. You are bound by the terms of the Agreement as it is posted or distributed at the most recent time you install the Product or Updates. If You do not wish to be bound by the terms of this license Agreement You should not install any Updates or additional Product(s).

19. PUBLICITY

You grant Smallize the right to use Your name and logo in press releases, brochures, case studies, marketing materials, the Smallize website and similar materials indicating that You are a customer of Smallize.

20. PAID CONSULTING

Paid consulting customers are subject to the Consulting Amendment in addition to this Agreement.

21. ENTIRE AGREEMENT

This Agreement is the entire agreement between You and Smallize relating to the license of the Product and the support services (if any) You purchase hereunder and it supersedes all prior or contemporaneous oral or written communications, proposals and epresentations with respect to the Product or any other subject matter covered by this Agreement. This Agreement includes and encompasses materials referenced herein from the Smallize.com website. To the extent the terms of any Smallize policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.

Important: Do not make changes to this agreement. If You are an Enterprise Support customer and wish to discuss any of the terms within this agreement, then please contact Smallize Sales for further information.

Privacy Policy

Last Updated: 15 October 2022

1. General

Smallize Pty Ltd is located at Suite 163, 79 Longueville Road, Lane Cove, NSW, 2066, Australia, also known as “Smallize”. By accessing or using any website owned by Smallize Pty Ltd, you agree to the terms of this Online Privacy Policy. If you do not agree to these terms, please do not access or use the site.

For the purposes of this policy, Smallize defines the following terms:

• “Visitor” as an individual that visits any page of our front-end website (for example www.smallize.com) or uses our products, services, web apps, or mobile apps.
• “User” as an entity with whom Smallize has an established relationship when a Visitor uses its products or signs up for an account on the website.
• “Service” includes our:
  • Websites
  • Software as a Service (SaaS) Products
  • Downloadable Products
  • Desktop apps
  • Mobile apps, such as those downloaded from the Apple App Store or Google Play Store.

Services do not include:

• Third-Party Products: These are third-party products or services that you may choose to integrate with Smallize’s products or services, such as third-party Add-Ons. You should always review the policies of third-party products and services to make sure you are comfortable with the ways in which they collect and use your information.

Any information stored by Smallize is treated as confidential. All information is stored securely and accessed by authorized personnel only. Smallize implements and maintains appropriate technical, security, and organizational measures to protect Personal Data against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft, or disclosure.

2. Information We Collect

Smallize takes online security very seriously and is committed to protecting your privacy. To access some Smallize services, you will be asked to provide personal identification information (“Personal Information”). How, why, and other relevant information are explained below.

In general, you may visit Smallize’s web pages without disclosing your identity or revealing any Personal Information about yourself. However, without providing personal information, you may not be able to download or purchase our products or services.

2.1. Collection of User Data

During registration on the Smallize website, you consent to provide information such as name, company name, email address, physical address, phone number, credit card number, and other relevant data. This information is used by Smallize to identify you as a User and provide you with access to:

• Purchase our software
• Use support and services
• Participate in mailings, sales, and marketing activities
• Billing purposes
• Meet any other contractual obligations

We do not collect sensitive information such as medical, health, racial, ethnic, political, religious, philosophical, union membership, or sexual orientation information. If we are made aware that we have received such information, we will promptly delete it.

In some cases, another User (such as a system administrator) may create an account on your behalf and may provide your information, including Personal Information (most commonly when your company requests to use our products). We collect information under the direction of our customers and often have no direct relationship with the individuals whose personal data we process.

If you are providing information (including Personal Information) about someone else, you must have the authority to act for them and consent to the collection and use of their Personal Information as described in this Privacy Policy.

2.2. Data Access, Correction, Deletion, and Opt Out

Users of the website can at any time access and edit, update, or delete their contact details by logging in to their account on the Smallize website with their username and password. Users may create more Users within their account (sub-accounts). Once these new Users log into Smallize, they meet the definition of User in this policy. Smallize will not retain User data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

To the extent that you do provide us with Personal Information, Smallize wishes to maintain it accurately and up-to-date. Where we collect Personal Information from you, our goal is to provide a means of contacting Smallize should you need to access, update, or correct that Information.

You can contact us at any time to:

• Request access to information that Smallize has about you
• Correct any Information that Smallize has about you
• Delete information that Smallize has about you

Contact us at sales@smallize.com and we will make reasonable efforts to promptly provide you with the information or assistance you need free of charge.

2.3. Our Role

Smallize processes Personal Data both as a Processor and as a Controller, as defined in the Directive and the GDPR:

Smallize, which you as a User entered an agreement with when signing up for an account, will be the Controller for User data, as outlined in the information above.

Using some Smallize services you may send your clients’ (“Client”) data through our servers, in this case, you the User will be the Controller in accordance with Directive and GDPR, and Smallize will be the Processor. Smallize adheres to the Directive of 1995 and the GDPR from May 25th, 2018.

Smallize does not own, control, or direct the use of any of the Client data stored or processed by a Client or User via the Service. Only the Client or Users are entitled to access, retrieve, and direct the use of such Client Data. Smallize is largely unaware of what Client Data is actually being stored or made available by a Client or User to the Service and does not directly access such Client Data except as authorized by the User or as necessary to provide Services to the Client and its Users. As such, Smallize is not acting in the capacity of data controller in terms of the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, hereinafter “GDPR”) and does not have the associated responsibilities under the GDPR.

Smallize should be considered only as a processor on behalf of its Clients and Users as to any Client Data containing Personal Data that is subject to the requirements of the GDPR. The Client or the User is the data controller under the Regulation for any Client Data containing Personal Data, meaning that such a party controls the manner such Personal Data is collected and used as well as the determination of the purposes and means of the processing of such Personal Data.

2.4. Data Transfer Across Borders

You should be aware that if you choose to provide us with your Personal Information, we may transfer such information within Smallize or to Smallize’s third-party service providers across borders and from your country or jurisdiction to other countries or jurisdictions around the world, subject to the limitations of this Privacy Policy.

Personal data collected by Smallize will be stored in secure hosting facilities provided by Amazon Web Services located in the US, which is on the EU Commission’s list of countries or territories providing adequate protection for the rights and freedoms of data subjects in connection with the processing of their personal data. All hosting is performed in accordance with the highest security regulations, and Amazon Web Services is EU-US Privacy Shield compliance certified and follows the relevant principles.

Smallize strives to comply with all applicable laws around the globe that are designed to protect your privacy. Although legal requirements may vary from country to country, Smallize intends to adhere to the principles set forth in this online Privacy Policy.

2.5. Compromise of Personal Information

In the event that personal information is compromised as a breach of security, Smallize will promptly notify our customers in compliance with applicable law.

2.6. Choice

You may choose whether or not to provide Personal Information to Smallize. However, when you engage in certain activities on this site, such as purchasing products or services, downloading software, or entering competitions, Smallize may require that you provide certain information about yourself by filling out and submitting an online form. It is entirely optional for you to engage in these activities. If you elect to engage in these activities, Smallize may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information.

3. How We Share Your Information

• Personally Identifiable Information: Your personal information will not be leased, sold, rented, or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Be aware that any personally identifiable information you elect to make publicly available on our Sites or the Smallize Service, such as posting comments on our public forum, will be available to others, and this privacy policy does not apply. If you remove information that you have made public on our Sites or Service, copies may remain viewable in cached and archived pages or if other users have copied or saved that information. Our forum and blog are hosted on our servers, and we have full control over the data and ability to remove content if requested.

• Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to help us understand the usage patterns for our website. Such data consist solely of non-personally identifiable information. Non-personally identifiable information may be stored indefinitely.

• Purchase Information: Details of your purchases, including but not limited to: order ID, licenses, and contact information, will not be shared with anyone without your written permission. For this reason, employee requests for all licenses owned by their company will be denied.

• Instances Where We Are Required To Share Your Information: Smallize will disclose your information where required to do so by law, if subject to subpoena or other legal proceeding or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our terms or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Smallize, our users, or others.

• What Happens In The Event Of A Change Of Control: We may buy or sell/divest/transfer the company, or any combination of its products, services, assets, and/or businesses. Your information such as customer names and email addresses, and other User information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign, or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions, or proceedings involving all or a portion of the company. You will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

• Testimonials: We display personal testimonials (success stories) of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at sales@smallize.com.

4. Cookies and Other Tracking Technologies

When you visit any Smallize website, you may surf the site anonymously and access important information without revealing your identity. To analyze and improve our site, we use Cookies to track your visit. A “Cookie” is a small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. Cookies cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, therefore allowing you to decide whether or not to accept it. (For some web pages that require authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access such pages.)

While Smallize uses Cookies to track your visits, and our web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Smallize with Personal Information.

Some Cookies are associated with your account and personal information to remember that you are logged in. Other Cookies are not tied to your account but are unique and allow us to carry out analytics and customization, among other similar things. Cookies can be used to recognize you when you visit this Site or another Site managed by Smallize or use our Services, remember your preferences, and give you a personalized experience that’s consistent with your settings. Cookies also make your interactions faster and more secure.

We collect information when you use our Websites to help us improve our products and services. This information is anonymous and cannot be used to identify you.

A list of our main services that uses cookies is detailed in the table below. Note this is not an exhaustive list of Cookies and generally details the Cookies that may or may not be stored on your machine.

5. Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”). reCAPTCHA is used to check whether the data entered on our website (such as on a contact or signup form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as a website visitor enters the website. For the analysis, reCAPTCHA evaluates various information, like IP address, how long the visitor has been on the website, or mouse movements made by the user. Data collected during the analysis will be forwarded to Google. The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place. We have a legitimate interest in protecting our sites from abusive automated crawling and spam.

If you do not want any data about you or your behavior to be transmitted to Google, you must log off completely from Google and delete all Google cookies before you visit our website or use reCAPTCHA software. Data is automatically transmitted to Google as soon as you access our site. To delete this data again, you must contact Google support at Google Support. By using our website, you agree that Google and its agents automatically collect, process, and use data. You can learn more about reCAPTCHA on Google’s web developer page. A good overview of the basic use of data at Google can be found in the company’s own privacy policy at Google Privacy Policy.

6. Newsletters

From time to time, Smallize will provide information to their customers in the form of electronic newsletters. When you subscribe to the Smallize newsletter you will be added to our mailing list and will receive announcements and information about Smallize and its ventures.

The announcements and information will come from Smallize, not from third parties. It will be emailed directly to the email address that you provide when you subscribe. If you no longer wish to receive newsletters from us in the future, you can sign in to smallize.com and then unsubscribe by accessing the settings of your profile.

7. Security

Wherever your Personal Information may be held by Smallize or by a third party on Smallize’s behalf, reasonable and appropriate precautions, such as encryption, firewalls, and like technologies, are and will be implemented to protect such Personal Information from loss, misuse, or unauthorized access.

8. Aggregate Information

The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, IP addresses, External Web Sites (defined below) linked to, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used, and disclosed in aggregate form only and it will not contain Personal Information. We may use such aggregate information to analyze trends, administer the Site, track users’ movement, and gather broad demographic information for aggregate use. We may share this aggregate information with third parties to assist them in targeting advertisements to appropriate audiences.

9. Links to Third Party Sites

The Site or Services may provide links to other Web sites or resources over which we have no control (“External Web Sites”). Such links do not constitute an endorsement by Smallize of those External Web Sites. You acknowledge that Smallize is providing these links to you only as a convenience, and further agree that Smallize is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

10. Children’s Privacy

Smallize, its websites and services are not designed nor structured to attract children. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age. If we are made aware that information is or has been submitted by or collected from a child under the age of thirteen, we will promptly delete this information.

11. Data Protection Officer

Smallize has a “Data Protection Officer” who is responsible for matters relating to privacy and data protection. This Data Protection officer can be reached by email: dpo@smallize.com.

12. Your Consent

By using this website or our services, you consent to the terms of our Online Privacy Policy and to Smallize’s processing of Personal Information for the purposes outlined above.

Should the Online Privacy Policy change, we will take reasonable steps to ensure that these changes are brought to your attention by posting all changes prominently on our website for a reasonable period of time. If we make any changes, the “Last Updated” at the top of this Privacy Policy will be revised accordingly.

Custom Agreements

Last Updated: 15 October 2022

Custom Agreements Policy

Smallize is a technology company focused on building the best software products in the world. In order to maintain that focus, we have a small business team, so that we can have a greater number of developers and support staff. The time and costs associated with negotiating and managing custom agreements are high; therefore, our agreement policies must be more conservative so that we can continue to build better products and services.

Pre-purchase Agreements

Pre-purchase agreements are any agreements requested prior to a purchase being made. Examples include nondisclosure agreements, evaluation agreements, and other similar documents. Smallize is unable to accommodate any pre-purchase agreements. Our End User License Agreement contains language for evaluations and confidentiality. The terms of the End User License Agreement apply once an evaluation is installed, so it’s possible the End User License Agreement may contain the types of assurances requested in other pre-purchase agreements.

Customized License Agreement

Smallize is willing to accept limited changes to our End User License Agreement. All changes must be made in the Smallize agreement wizard. The wizard outlines areas of the license agreement that Smallize is willing to change, to minimize negotiation time, in order to make efficient use of our clients’ time and resources.

One must be willing to purchase Enterprise Support in order to negotiate a custom license agreement. More information regarding Enterprise Support can be found in the support section. If negotiations are unsuccessful, then there is no obligation to purchase Enterprise Support. Contact the sales team for access to the Smallize agreement wizard.

The negotiation of a customized license agreement is expected to be fully concluded in a reasonable time. In the event an agreement cannot be settled upon in a timely manner, Smallize reserves the right to charge an additional fee.

NDA

In Section 7 of the End User License Agreement, there is NDA-style language. When sharing sensitive content with any Smallize Team Member, simply include a “Confidential Information” note and any data or files will be covered and treated with the utmost confidentiality. Smallize is unable to make any additional warranties aside from what is included in the End User License Agreement.

Questionnaires and Forms

Smallize has limited administrative resources which is why we decline to fill out long questionnaires or forms. Where possible, we will provide you with the documents or links to our website where you can find the information yourself. If the forms are necessary for your purchase and we are unable to oblige, we will direct you to a local reseller who can assist with those forms and the purchase of our products on our behalf.

GDPR Notice

Last Updated: 15 October 2022

Smallize and the GDPR

On the 25^th May 2018, the European Union began enforcing its General Data Protection Regulation (GDPR). It impacts how businesses collect and process data from European individuals. While Smallize is an Australian business with no European entity, it values the rights of its users and customers and their personal data regardless of their location. As such, we’re working hard to comply with these rules across all our systems and processes.

This page gives an overview of the roles described by the GDPR, the responsibilities of each party, and the efforts we’re putting in place to support these recommendations.

Smallize as the data processor

While using our services, you may upload files for processing via our service platforms, and you may also send our Support Team files for debug or support purposes. Due to the nature of our products and services, your files may contain information from or about your clients. While covered by the confidentiality clauses, the upcoming updates to our Terms of Use and Privacy Policy further cement these rights.

These are your data subjects, and you are considered the data controller for this personal data. Our Terms of Use and Privacy Policy refer to this data as Client Data.

Using Smallize services to process your Client Data means that you have engaged Smallize as a data processor to carry out certain data processing activities on your behalf. Article 28 of the GDPR states that the relationship between the controller and the processor needs to be made in writing (electronic form is acceptable under subsection (9) of Article 28). Our Terms of Use and Privacy Policy also serve as your data processing contract with Smallize. They set out the instructions you are giving to Smallize in regard to processing personal data you control and establishing the rights and responsibilities of both parties. Smallize will only process your Client Data based on your instructions as the data controller.

Data Transfers

When data is transferred outside of the European Economic Area (EEA) by data processors, the GDPR sets strict requirements for moving data outside of the scope of its protection.

As Smallize is an Australian business with no European entity, the data controller makes the sole decision to transfer data to Smallize, which is based in Australia outside of the EEA, with its technical infrastructure based in the US. Where we do engage with sub-processors, we do so in a considered fashion considering the legalities of the transfer at each step.

We’ll keep an up-to-date list of sub-processors in our Terms of Use. This ensures we are fully transparent about our transfers and the processors we use. We’ll explain the data we transfer and for what purpose. We only engage with sub-processors who have either certified under the EU-US Privacy Shield framework or signed the EU Commission’s standard contractual clauses for data transfers with us.

If you have any questions on these points, you can contact us at privacy@smallize.com.

Smallize as the data controller

Smallize acts as the data controller for the personal data we collect about you, the user of our web apps and website, and the purchaser of our products or services.

Secondly, we process data to meet our obligations under the law (GDPR Article 6(1)(c)) — this primarily involves financial data and information that we need to meet our accountability obligations.

Thirdly, we process your personal data for our legitimate interests in line with GDPR Article 6(1)(f).

What do you mean by ‘legitimate interests’?

• Improving our products and services in a way that is useful to you.
• Ensuring your data and Smallize’s systems are reliable, safe, and secure.
• Responsible marketing of our products, services, and their features.
• The ability to service the contract we are entering into with you, our customer.

As the controller for your personal data, Smallize is committed to respecting your rights under the GDPR. If you have any questions, please contact our Data Protection Officer at dpo@smallize.com.

What is Smallize doing for the GDPR

Smallize respects the privacy of its customers and their clients. To that end, we have implemented and continue to improve both technical and organizational measures in line with the GDPR to ensure the appropriate processing of personal data.

Internal processes, security, and data transfers

We have reviewed our internal processes and operations to make sure we map and audit the data traveling through our systems. We are implementing functionality within all our main customer-facing systems to cope with the principles of Privacy by Design. Any access to Client Data is only done through the permission of our customers and is always limited and specifically in scope to the contract between Smallize and its customers.

Our internal procedures and logs make sure that we meet the GDPR accountability requirements.

We onboard new third-party services rarely, but when we do, we have an internal process for evaluating these suppliers on their security and privacy considerations. We keep the number of sub-processors to a minimum, where possible using our own technology and infrastructure for processing.

Ability to action subject access requests

Data subjects’ ownership of their personal data is at the heart of the GDPR. We are working on a plan to respond to data subject requests to delete, modify, or transfer their data. This means that our Customer Support Specialists, along with the Engineers that assist them in their work, are well-prepared to help you in any matters involving your personal data.

Documentation

Our Terms of Use and Privacy Policy are updated regularly to make sure we build upon the good work we’ve always done in this area. As these documents set out the basis of our relationship with you, it is of paramount importance for us to openly and clearly explain your rights in these documents.

Training and awareness

Training and awareness about GDPR, and the handling and processing of personal data, have been communicated throughout the whole Smallize business. Each Smallize team member has awareness of the issues and our policies surrounding compliance with GDPR and other privacy-related issues. We have built this training into our new team member training requirements and have scheduled refresher checks regularly.

We believe the above approach in adhering to the GDPR is firmly in line with the ethos of its purpose and what it aims to achieve.

DMCA Policy

Last Updated: 15 October 2022

DMCA Policy

We take the intellectual and proprietary rights of others seriously and require that our users do the same. The Digital Millennium Copyright Act (DMCA) established a process for addressing claims of copyright infringement. If you own a copyright or have authority to act on behalf of a copyright owner and you believe that your copyrighted works or materials are improperly posted, displayed, or accessible on any website that is owned or controlled by us, please send a notice that meets the minimum requirements of the DMCA, listed below, to dmca@smallize.com. Please note that we are a paperless company and we do not accept notices sent to our mailing address. Once we receive your DMCA notice, we will review it, make a determination on the infringement, and notify you of the outcome in a timely manner. If we find that the DMCA requirements have been satisfied, we will remove the infringing content as quickly as possible.

DMCA Notice Requirements

The DMCA notice must include the following:

• A description of the copyrighted work you claim is being infringed or, if the claim involves multiple works, a representative list of such works.
• A description of the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the site or the exact location where such material may be found.
• Adequate information by which we can contact you (your name, title, if acting as an agent, address, telephone number, and email address). Note portions or all the information you submit may be provided to third parties (e.g., the uploader of the material).
• The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
• The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.

Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, your request may be rejected. If you are unsure whether someone’s use of your copyrighted material amounts to infringement, please seek legal advice. You may also want to consult publicly available reference materials.

Removal of Non-DMCA Content

If you uploaded a document containing sensitive or confidential information that you want removed, do not submit a DMCA notice. Your document will remain private and it will be removed automatically from our servers.

Other Disputes

Disputes regarding trademarks are not governed by the DMCA. These disputes must be resolved by the parties involved. We will never act as arbitrators or intermediaries in these disputes and will not take any action without appropriate legal orders.

Subprocessors

Last Updated: 15 October 2022

Third Parties

Smallize Pty Ltd uses third-party Subprocessors to provide infrastructure services. Prior to engaging any third-party Subprocessor, we perform diligence to evaluate their privacy, security, and confidentiality practices.

Infrastructure Subprocessors

Smallize Pty Ltd uses the following Subprocessors to host Customer Data or provide other infrastructure that helps with the delivery of our Services:

Updates

As our business grows and evolves, the Subprocessors we engage may also change. For our update policy check the Terms of Service. We will post any such updates here, please check back frequently for updates.

Paperless Policy

Last Updated: 15 October 2022

Paperless Policy

Smallize Pty Ltd cares deeply about the environment and acts responsibly to avoid any negative environmental impact. As such, Smallize Pty Ltd has a strict paperless policy, meaning we do not send paper to customers and aim to reduce incoming paper to our offices to as close to zero as possible.

If you have any queries or concerns about our paperless policy, please contact us at sales@smallize.com. We’ll respond within 12 hours of receiving your request (during weekdays).

Due to international mail services, writing to us at our postal address can take anything up to 21 days for us to receive and reply to your message. Use this email address to get a prompt response to any query.

Smallize is a 100% Electronic Company

• All documents produced while conducting our business are electronic.
• All customer interaction is achieved through electronic mediums, all serviced through digital means.

Paperless Office

• We save resources and energy by avoiding printing and the associated postage overheads. We ask all suppliers and vendors who deal with us to interact with us in this manner where possible.
• As well as environmental benefits, being paperless helps us streamline our organization. Our turnaround time when communicating and supporting our customers is very low as we have no paper overheads.
• We don’t use fax machines or photocopiers.
• On the very rare occasions where letters do need to be sent to us, once processed, any paper is securely destroyed or carefully recycled.

Low Carbon Emissions

Smallize is a global company. To ensure that we keep our environmental footprint low, we take steps to ensure very low carbon emissions.

• Trade show and user group presence. We support trade shows and user groups via electronic prizes and financial sponsorship rather than a physical presence.

Customer Data Security

Last Updated: 15 October 2022

Customer Data And Security

We run our services to ensure maximum uptime while focusing on the security of any customer data.

Infrastructure

Smallize’s customer-facing services are delivered via Amazon Web Services (AWS), the largest and leading provider of cloud infrastructure. Millions of customers in hundreds of countries, including government agencies, educational institutions, and non-profits trust AWS every day with their infrastructure and data.

Using an industry standard like Amazon helps guarantee the security and resilience of our services. Amazon has attained a number of certifications that affirm that they have stringent, working internal controls.

Customized License Agreement

Smallize is willing to accept limited changes to our End User License Agreement. All changes must be made in the Smallize agreement wizard. The wizard outlines areas of the license agreement that Smallize is willing to change, to minimize negotiation time, in order to make efficient use of our clients’ time and resources.

One must be willing to purchase Enterprise Support in order to negotiate a custom license agreement. More information regarding Enterprise Support can be found in the support section. If negotiations are unsuccessful, then there is no obligation to purchase Enterprise Support. Contact the sales team for access to the Smallize agreement wizard.

The negotiation of a customized license agreement is expected to be fully concluded in a reasonable time. In the event an agreement cannot be settled upon in a timely manner, Smallize reserves the right to charge an additional fee.

NDA

In Section 7 of the End User License Agreement, there is NDA-style language. When sharing sensitive content with any Smallize Team Member, simply include a “Confidential Information” note and any data or files will be covered and treated with the utmost confidentiality. Smallize is unable to make any additional warranties aside from what is included in the End User License Agreement.

Questionnaires and Forms

Smallize has limited administrative resources which is why we decline to fill out long questionnaires or forms. Where possible, we will provide you with the documents or links to our website where you can find the information yourself. If the forms are necessary for your purchase and we are unable to oblige, we will direct you to a local reseller who can assist with those forms and the purchase of our products on our behalf.