Terms of Service for Smashr

Last updated: February 6, 2023

From everyone at Galahad Creative, thank you for using our products! We build them to help you do your best work. beause we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Galahad Creative Ltd.

When we say “Services”, we mean our websites, including smashr.app, smashr.com, and galahadcreative.com, and any product created and maintained by Galahad Creative Ltd whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services. We have specific ownership policies for our products: Smashr, FitIgniter, and SimpleMMO.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.

Account Terms

You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may not use the Services for any purpose outlined in our Use Restrictions policy, and you may not permit any of your users to do so, either.
You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Children under the age of 13 are not permitted to create an account or otherwise use the Services. If you are accessing our Services from the European Economic Area, you must also be over the legal age required by the laws of your country to create an account or otherwise use the Services.
By accepting these Terms, creating an account on Smashr or using our website or Services you confirm you are over the legal age in your country.
In addition, if you are under 18, by using our website and Smashr you confirm that you have the consent of your parent or guardian to use our Services and, in particular, to make any purchases you may make through Smashr.

Payment, Refunds, and Plan Changes

If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For downgrades in plan level, the new rate starts from the next billing cycle. For upgrades, the payment will be prorated.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. See our Taxes policy for more details. Otherwise, you are responsible for payment of all taxes, levies, or duties.
We process refunds according to our Fair Refund policy

Cancellation and Termination

You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. You can find instructions for how to cancel your account in our Cancellation policy. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team
All of your content will be still accessible from the Services immediately upon subscription cancellation. To delete all of the associated data, you must delete the organization.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Fair Refund policy for more details.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services — here’s the one exception — but do take uptime of our applications seriously.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Galahad Creative Ltd may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
- To help you with support requests you make. We’ll ask for express consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
- To safeguard Smashr and Galahad Creative. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
- To the extent required by applicable law. As a UK company with all data infrastructure located within Europe, we only preserve or share customer data if compelled by the UK government authority with a legally binding order, or in limited circumstances in the event of an emergency request. If a non-UK authority approaches Galahad Creative Ltd for assistance, our default stance is to refuse unless the order has been approved by the UK government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Copyright and Content Ownership

When using Smashr, our website, the Services, or our Content, you can create content, as well as submit or upload content of your own through your Account (collectively “Your Content”).

All content posted on the Services must comply with U.K. and U.S. copyright law. When enforcing the rights of ours and others intellectual property rights, we response to notices of alleged copyright infringement under the US Digital Millennium Copyright Act 1988 (“DMCA”). If you believe that any of your copyrighted work accessible through our website or the Services has been used in a manner which would constitute a copyright infringement, you may notify us at [email protected].
You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
Some third-party providers have created integrations between our Services and theirs. We are not liable or accountable for any of these third-party integrations.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, our Acceptable Use Policy, or if you otherwise create liability for us. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Services Adaptations and API Terms

We offer Application Program Interfaces (“API”s) for some of our Service. Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:

You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this by law. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Refund Policy

Bad refund policies are infuriating. You feel like the company is just trying to rip you off. We never want our customers to feel that way, so our refund policy is simple: If you’re ever unhappy with Smashr for any reason, just contact our support team and we'll take care of you.

Examples of full refunds we’d grant.

If you were just charged for your next month of service but you meant to cancel, we’re happy to refund that extra charge.
If you forgot to cancel your account a couple months ago and you haven’t used it since then, we’ll give you a full refund for a few back months. No problem.
If you tried one of our products for a couple months and you just weren’t happy with it, you can have your money back.

Examples of partial refunds or credits we’d grant.

If you forgot to cancel your account a year ago, and there’s been activity on your account since then, we’ll review your account usage and figure out a partial refund based on how many months you used it.
If you upgraded your account a few months ago to a higher plan and kept using it in general but you didn’t end up using the extra features, projects, or storage space, we’d consider applying a prorated credit towards future months.
If we had extended downtime (multiple hours in a day, or multiple days in a month) or you emailed customer service and it took multiple days to get back to you, we’d issue a partial credit to your account.

Third-Party Content, Advertisements and Promotions

Third-Party Content, Advertisements and Promotions Smashr, our website or Services may contain links to other third-party websites, resources products, or services, which may be posted by our affiliates, advertisers, or partners (“Third-Party Content”). Third-Party Content is not under our control, and such links should not be interpreted as approval by us such Third-Party Content; we are not responsible, and accept no liability, for any such Third-Party Content. The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

Acceptable Use Policy

We recognize that however good the maker’s intentions, technology can amplify the ability to cause great harm. That’s why we’ve established this policy. We feel an ethical obligation to counter such harm: both in terms of dealing with instances where Smashr is used (and abused) to further such harm, and to state unequivocally that the products we make at Smashr are not safe havens for people who wish to commit such harm. If you have an account with any of our products, you can’t use them for any of the restricted purposes listed below. If we find out you are, we will take action.

Restricted purposes

Violence, or threats thereof: If an activity qualifies as violent crime in the United States or where you live, you may not use Basecamp products to plan, perpetrate, or threaten that activity.
Child exploitation, sexualization, or abuse: We don’t tolerate any activities that create, disseminate, or otherwise cause child abuse. Keep away and stop. Just stop.
Hate speech: You cannot use our products to advocate for the extermination, domination, or oppression of people.
Harassment: Intimidating or targeting people or groups through repeated communication, including using racial slurs or dehumanizing language, is not welcome at Smashr.
Doxing: If you are using our products to share other peoples’ private personal information for the purposes of harassment, we don’t want anything to do with you.
Malware or spyware: Code for good, not evil. If you are using our products to make or distribute anything that qualifies as malware or spyware — including remote user surveillance — begone.
Phishing or otherwise attempting fraud: It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others.
Spamming: No one wants unsolicited commercial emails. We don’t tolerate folks (including their bots) using our products for spamming purposes. If your emails don’t pass muster with CAN-SPAM or any other anti-spam law, it’s not allowed.
Cybersquatting: We don’t like username extortionists. If you create a Smashr account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancellation.
Infringing on intellectual property: You can’t use Basecamp products to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.

While our use restrictions are comprehensive, they can’t be exhaustive — it’s possible an offense could defy categorization, present for the first time, or illuminate a moral quandary we hadn’t yet considered. That said, we hope the overarching spirit is clear: Basecamp is not to be harnessed for harm, whether mental, physical, personal or civic. Different points of view — philosophical, religious, and political — are welcome, but ideologies like white nationalism, or hate-fueled movements anchored by oppression, violence, abuse, extermination, or domination of one group over another, will not be accepted here.

How to report abuse

For cases of suspected malware, spyware, phishing, spamming, and cybersquatting, please alert us at [email protected].

For all other cases, please let us know by emailing [email protected]. If you’re not 100% sure if something rises to the level of our use restrictions policy, report it anyway.

Please share as much as you are comfortable with about the account, the content or behavior you are reporting, and how you found it. Sending us a URL or screenshots is super helpful. If you need a secure file transfer, let us know and we will send you a link. We will not disclose your identity to anyone associated with the reported account. For copyright cases, we've outlined extra instructions on how to notify us about infringement claims.

Indemnity

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US (INCLUDING OUR OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS), OUR LICENSORS, AND OUR THIRD PARTY SERVICE PROVIDERS (THE “INDEMNIFIED ENTITIES”) HARMLESS, INCLUDING COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (A) YOUR USE OF THE WEBSITE, SMASHR, OR OUR SERVICES; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR CONTENT OR ANY OTHER CONTRIBUTION YOUR MAKE ON THE WEBSITE, SMASHR, OR THROUGH OUR SERVICES; OR, (D) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT TO CONTROL THE DEFENCE OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENCE OF THESE CLAIMS.

No Warranty

SMASHR, OUR WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GALAHAD CREATIVE LTD, ITS LICENSORS, AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. WHILE WE DO MAKE EVERY EFFORT TO ENSURE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE AND SERVICES IS SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GALAHAD CREATIVE LTD HAS NO RESPONSIBILITY FOR, AND DOES NOT ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE WEBSITE OR SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS.

Limitation of Our Liability and Our responsibility for loss or damage

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. When you access our website and/or Services, you agree that you do so for domestic and private use only. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

Which Country’s Laws Apply to Any Disputes?

Where you have an issue or dispute with us, you agree to first raise it with us and try to resolve it with us informally Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

How to contact us

If you have a question about any of these Terms, please contact our Support team.