Terms of Service (non-EEA)

Smallest.ai Terms of Service (non-EEA)

These Smallest.ai Terms of Service apply if you reside outside of the European Economic Area (EEA), Switzerland, or UK. If you live in the EEA, Switzerland, or UK, other terms might apply to you.

These Smallest.ai Terms of Service (“Terms”) are between you and Smallest Inc. (“Smallest.ai”, “we”, “us”, or “our”). By using our Services (as defined below), you agree to be bound by these “Terms.” These Terms apply to your access to and use of Smallest.ai’:

• website located at Smallest.ai and all associated web pages, websites, and social media pages (the “Website”); and
• services (including applications) and products accessible via the Website or our application programming interfaces (APIs), or otherwise made available to you by us (together with the Website, the “Services”).

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 12, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 12, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND Smallest.ai WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to your access to and use of some or all of our Services ("Supplemental Terms"), including:

• Our Prohibited Use Policy, which applies to your use of all of our Services;
• Our Data Processing Addendum, which governs our processing of any personal data contained within any content our business clients provide to us; and
• Any other terms and conditions disclosed within the Services, such as restrictions relating to use of a Voice Model (as defined below).

Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of those changes by any reasonable means, such as by sending an email, providing a notice through our Services, or updating the date at the top of these T erms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.

1. Eligibility and Use Restrictions

(a) Age. If you are under 18 years of age (or the age of legal majority where you live), you may not use our Services.

(b) Authorization. If you register, access, or use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms (other than in this Section 1(a)) will include that person or entity, (b) you represent that you are authorized to enter into these Terms on that person’s or entity’s behalf, and (c) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us. If you are an entity using any Services pursuant to these Terms, you are responsible for your employees’ and representatives’ use of the Services, including ensuring they comply with these Terms.

(c) Use Restrictions. Your access to and use of the Services and your use of any Output (as defined below) must comply with these Terms. Without limiting the foregoing: (i) if you access or use our Services free of charge (such a user, a “Free User”), you may only use the Services for non-commercial purposes; (ii) if you access or use our Services through a paid subscription plan (such a user, a “Paid User”), you may use the Services for commercial purposes, but in either case, your access and use of the Services and any Output must still comply with the Prohibited Use Policy.

2. Personal Data

You may provide certain information to Smallest.ai in connection with your access to or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive communications from Smallest.ai via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Smallest.ai in connection with the Services is accurate. For information about how we collect, use, share, and otherwise process information about you, please review our Privacy Policy.

In addition, where you agree to these terms on behalf of an entity, you agree that the Data Processing Addendum governs Smallest.ai’s processing of any personal data contained within any content you input to our Services. You acknowledge that Smallest.ai may process personal data relating to the operation, support, or use of our Services for our own business purposes, such as billing, account management, data analysis, benchmarking, technical support, product development, research and development of its AI models, improvement of its systems and technologies, and compliance with law.

3. Accounts

We may require that you create an account in order to use some or all of our Services. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If your account is closed or terminated, you will forfeit all unused credits related to our Services (including character credits) associated with your account.

4. Content and Voice Models

(a) Inputs and Outputs. You may provide content as input to our Services ("Input") and may receive content as output from the Services ("Output", together with the Input, collectively, the "Content"). Inputs may include, without limitation, recordings of your voice, text descriptions, or any other content that you may provide to us through the Services. Your access to and use of the Services, including for the purposes of providing Input to the Services and receiving and using the Output from the Services, is subject to our Prohibited Use Policy. We may enable you to download Output from some (but not all) of the Services; in such cases, you are permitted to use such Output outside of the Services but always subject to these Terms and our Prohibited Use Policy. If you choose to make any of your information publicly available through the Services or otherwise, you do so at your own risk.

(b) Voice Models. Some of our Services allow for the creation of a voice model that can be used to generate synthetic audio sounding like your voice or a voice you’re authorized to share with us (a "Voice Model"). To create a Voice Model through our Services, you may be asked to upload audio recordings of your voice as Input to our Services, and Smallest.ai is permitted to use those audio recordings of your voice subject to subsection (d) below. For more information on how we collect, use, share, retain, and destroy your audio recordings, please see the Voice Processing Notice in our Privacy Policy. You may request deletion of Voice Models created with your audio recordings through your account.

(c) Rights to your Inputs. Except for the license you grant below, as between you and Smallest.ai, you retain all rights in and to your Input.

(d) License to Input. You hereby grant to Smallest.ai a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use your Input to provide the Services (including the trust and safety features therein), to improve the Services, and to develop new services and products. For avoidance of doubt, to the extent that your Input includes your voice, the foregoing license allows Smallest.ai to reproduce, modify, publish, create derivative works from, distribute, publicly or otherwise perform, and use your voice, and other indicia of your persona that may be contained therein, to provide and improve the Services, and to develop new services and products. Notwithstanding the foregoing, we will not commercialize your voice on a standalone basis without your permission to do so.

• perpetual and irrevocable (which means this license cannot be withdrawn)
• nonexclusive (which means you can license your Input to others)
• royalty-free and fully paid (which means there are no monetary fees for this license)
• worldwide (which means it’s valid anywhere in the world)
• sub-licensable, through multiple tiers (which means we can make it available to others)

(e) License to Voice Models and Output. To the extent you own or acquire any intellectual property rights in or to any Voice Models or Output, you hereby grant to Smallest.ai a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use the Voice Models and Output to provide the Services (including the trust and safety features therein) to you, to improve the Services, and to develop new services and products.

• perpetual and irrevocable (which means this license cannot be withdrawn)
• nonexclusive (which means you can license your Input to others)
• royalty-free and fully paid (which means there are no monetary fees for this license)
• worldwide (which means it’s valid anywhere in the world)
• sub-licensable, through multiple tiers (which means we can make it available to others)

(f) Necessary Rights. You may not provide Input or create Output for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that the Content and Voice Models, and our use of the Content and Voice Models, will not violate any rights of any person or entity, or cause injury to any person or entity.

(g) Data Deletion and Opt Out. You may request for us to delete your personal data as required under applicable law. Please see our Privacy Policy for more data.

(h) Moderation. We do not undertake to review all Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Content. Although we have no obligation to screen, edit, or monitor Content, we may:

• (i) delete or remove Content or refuse to post any Content at any time and for any reason with or without notice, including for any violations of applicable law or these Terms;
• (ii) terminate or suspend your access to all or part of the Services, temporarily or permanently, if the Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
• (iii) take any action with respect to the Content that is necessary or appropriate, in Smallest.ai’ sole discretion, to ensure compliance with applicable law and these Terms, or to protect Company’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
• (iv) as permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Services.

Our Intellectual Property

(a) Ownership. The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Smallest.ai or our licensors. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors.

(b) Limited License. Subject to your compliance with these Terms, Smallest.ai hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services. For clarity, any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

(c) Trademarks. The name “Smallest.ai” and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Smallest.ai and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

(d) Feedback. You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Smallest.ai or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or technologies in Smallest.ai’s sole discretion. Smallest.ai will exclusively own any improvements to, or new inventions based upon, such Services, or Services based on the Feedback. You understand that Smallest.ai may treat any Feedback as nonconfidential.

Subscription Services; Payment

(a) Subscriptions. To access and use certain Services, you may be required to enroll in a subscription payment plan (a “Recurring Subscription”). Your Recurring Subscription will automatically renew until you cancel it or your Recurring Subscription is otherwise terminated. You authorize us to store your payment method information and to automatically charge your payment method(s) for the amount of your Recurring Subscription with no further action required by you. The length of your Recurring Subscription will be provided when you make your purchase. In the event that Smallest.ai is unable to charge your payment method(s) as authorized by you when you enrolled in a Recurring Subscription, Smallest.ai may in its sole discretion (i) suspend your access to the Services until payment is received or (ii) seek to update your payment method information through third-party sources (i.e., your bank or a payment processor) to continue charging your payment method as authorized by you. You may cancel your subscription through your account. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the applicable Services through the end of your current subscription period. Smallest.ai may change the prices charged for Recurring Subscriptions at any time by posting updated pricing through the Services; provided, however, that the prices for your Recurring Subscription will remain in force for the duration of the subscription period for which you have paid. After that period ends, your use of the applicable Services will be charged at the then-current subscription price. If you do not agree to these price changes, you must cancel your Recurring Subscription at least 7 days before the changes take effect. If you do not cancel, your Recurring Subscription will automatically renew at the then-current price at the time of renewal and for the same duration as the initial subscription term, and Smallest.ai will charge your on-file payment card or method on the first day of the renewal of the subscription term.

(b) Other Usage Charges. In the event your usage exceeds the volume provided under your Recurring Subscription, you will be charged usage overage fees for your Recurring Subscription, as indicated to you upon subscribing. In such event, you hereby authorize us to charge your payment method on file or any other payment method you choose for these charges.

(c) Payment. You represent and warrant that you have the right to use any payment method that you submit in connection with a payment. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You will pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

(d) Refunds and Exchanges. All sales are final. We may offer refunds in our sole discretion.

(e) Reservation of Rights. Smallest.ai reserves the right, including without prior notice, to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for services; and to refuse to provide any user with any Service.

Copyright Complaints

(a) Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who infringe the intellectual property rights of others (our "DMCA Policy").

(b) Reporting Claims of Copyright Infringement. If you believe that any content on our Services infringes any copyright that you own or control, you may notify Smallest.ai’s designated agent (your notification, a “DMCA Notice”) as follows:

By Email: info@Smallest.ai
Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to Smallest.ai for certain costs and damages.

Third-Party Services and Content

(a) Our Services rely on or interoperate with third-party products and services, including data storage services, communications technologies, and internet and mobile operators (collectively, "Third-Party Services"). These Third-Party Services are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services.

(b) We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.

(c) We have no obligation to monitor Third-Party Services or Third-Party Content, and we may block or disable access to any Third-Party Services or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Services may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Services). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend (at our option), and hold harmless Smallest.ai and our officers, directors, agents, partners, licensors, employees and agents from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to: (a) your access to or use of the Services; (b) the Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services or the Content. You will cooperate with Smallest.ai in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). Smallest.ai will have control of the defense or settlement, at Smallest.ai's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Smallest.ai.

Disclaimers

Your use of our Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services) is at your sole risk. To the fullest extent permitted under applicable law, our Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Services) are provided “as is” and “as available” without warranties of any kind, either express or implied. Smallest.ai disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Smallest.ai does not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) will be uninterrupted. While Smallest.ai attempts to make your use of our Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Services) safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Services) are free of viruses or other harmful components or content or materials. All disclaimers of any kind (including in this Section 10 and elsewhere in these Terms) are made for the benefit of all Smallest.ai and Smallest.ai’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as our and their respective successors and assigns.

Limitation of Liability

(a) To the fullest extent permitted by applicable law, Smallest.ai will not be liable to you under any theory of liability (whether based in contract, tort, negligence, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Smallest.ai has been advised of the possibility of such damages.

(b) The total liability of Smallest.ai for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of: (i) $100; and (ii) the amount paid by you to use our Services in the 12 months preceding the claim.

Dispute Resolution; Binding Arbitration

Please read this Section 12 carefully because it requires you and Smallest.ai to arbitrate certain disputes and claims and limits the manner in which we can seek relief from each other. Arbitration precludes you and Smallest.ai from suing in court or having a jury trial. You and Smallest.ai agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. Smallest.ai and you are each waiving the right to trial by a jury. Follow the instructions below if you wish to opt out of the requirement of arbitration on an individual basis. No class or representative actions or arbitrations are allowed under this arbitration agreement.

(a) Informal Dispute Resolution Prior to Arbitration. For any dispute or claim between you and Smallest.ai relating to these Terms or our Services, including any privacy or data security claims, (collectively, “Disputes”, and each a “Dispute”), you and Smallest.ai agree to attempt to first resolve the Claim informally via the following process:

• If you assert a Dispute against Smallest.ai, you will first contact Smallest.ai by sending a written notice of your Dispute to Smallest.ai by email to info@Smallest.ai. If Smallest.ai asserts a Dispute against you, Smallest.ai will contact you by sending a written notice of Smallest.ai’ Dispute to you via email to the primary email address associated with your account.
• If you and Smallest.ai cannot reach an agreement to resolve the Dispute within 30 days after you or Smallest.ai receives the applicable notice, then either party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Smallest.ai first send the applicable notice so that the parties can engage in this informal dispute-resolution process.

(b) Disputes Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or Smallest.ai, including any disputes in which you or Smallest.ai seek injunctive or other equitable relief for the alleged unlawful use of your or Smallest.ai’ intellectual property or other infringement of your or Smallest.ai’ intellectual property rights (“IP Disputes”), all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that are not resolved in accordance with Section 12(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (JAMS) pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. The remedies and reliefs rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

(c) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email by certified mail addressed to: In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 12.

(c) Rejection of Future Arbitration Changes. You may reject any change we make to Section 12 (except address changes) by personally signing and sending us notice within 30 days of the change by certified mail addressed to:If you do, the most recent version of Section 12 before the change you rejected will apply.

(c) Severability. If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these T erms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 12 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 12; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 12 will be enforceable.

Governing Law

Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 12, then the state and federal courts located in Delaware City, Delaware, will have exclusive jurisdiction. You and Smallest.ai waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

Modifying and Terminating Our Services

We may: (a) modify, impose limits on, replace, upgrade, update, suspend, or terminate providing all or part of our Services at any time; (b) charge, modify, or waive any fees required to use the Services; or (c) offer opportunities to some or all end users of the Services, each of (a) through (c) without any liability or additional notice to you. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Smallest.ai in writing. We are not responsible for any loss or harm related to your inability to access or use our Services.

Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent and warrant that you are not located in a country or territory that is subject to economic sanctions or trade embargoes imposed by the U.S. Government (including Belarus, Cuba, Iran, North Korea, Russia, Syria, and the annexed regions of Ukraine), that you are not listed on identified on any U.S. Government list of sanctioned individuals, that you will comply fully with all relevant export laws and regulations of the United States and other international trade laws applicable to your use of the Services.

Miscellaneous

(a) Smallest.ai’ failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

(b) The section titles in these Terms are for convenience only and have no legal or contractual effect. Lists of examples following “including” or “e.g.” or similar words are not exhaustive (that is, they are interpreted to include “without limitation”). All monetary amounts are expressed in U.S. dollars. URLs are understood to also refer to successor URLs, URLs for localized content, and information or resources linked from within the websites at the specified URLs. The word “or” will be deemed an inclusive “or”.

(c) If any portion of these Terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

(d) If you have a question or complaint regarding the Services, please send an email to info@smallest.ai. You may also contact us by writing to:

Note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

17. Additional Terms Applicable to Mobile Devices

If you download our mobile application associated with the Services (“Mobile App”) from an app store or distribution platform (each, an “App Store”), you acknowledge and agree that the availability of the Mobile App and the Services is dependent on the App Store from whom you received the Mobile App license, and that these Terms are between you and Smallest.ai and not with the App Store. Smallest.ai, not the App Store, is solely responsible for the Services, including the Mobile App. In order to use the Mobile App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Mobile App. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Mobile App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

(a) Apple App Store. The following terms apply if you download our Mobile App from a device made by Apple Inc. (“Apple”) or the Apple App Store.

• i. Acknowledgment. You acknowledge that these Terms are concluded solely between us, and not with Apple. Smallest.ai, not Apple, is solely responsible for the Mobile App and the content thereof. You further acknowledge that the usage rules for the Mobile App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the Mobile App, and in the event of any conflict, the Usage Rules in the Apple App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
• ii. Scope of License. The license granted to you is limited to a non-transferable license to use the Mobile App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• iii. Maintenance and Support. You and Smallest.ai acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
• iv. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Mobile App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Smallest.ai. However, Smallest.ai has disclaimed all warranties of any kind with respect to the Mobile App, and therefore, there are no warranties applicable to the Mobile App.
• v. Product Claims. You and Smallest.ai acknowledge that as between Apple and Smallest.ai, Smallest.ai, not Apple, is responsible for addressing any claims relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to (A) product liability claims, (B) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation.
• vi. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringe that third party’s intellectual property rights, Smallest.ai, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these T erms.
• vii. Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

(b) Google Play Store. The following terms apply if you download our Mobile App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”).

• i. Google Play Terms. You acknowledge that to the extent of any conflict between (A) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (B) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Mobile App that you download from Google Play.
• ii. Acknowledgement. You acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Smallest.ai or you (or any other user) under these Terms or the Google Play Terms.