1. Acceptance of Terms

By accessing or using the SmartSync website and services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. You must be at least 18 years old or have parental consent to use this service. If you are signing up on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

2. Description of Service

SmartSync is a third-party software-as-a-service (SaaS) application that provides extended functionality for Smartsheet users. We are NOT affiliated with, endorsed by, or sponsored by Smartsheet Inc. Our service requires you to have an active Smartsheet subscription to function.

3. Account Registration

To use SmartSync, you must register for an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Subscription and Payment

SmartSync offers both free and paid subscription tiers.

Free Tier: $0/month. Limited to 5 transfers/day, 20/week, 75/month.
Pro Tier: $19/month. Includes up to 100 transfers/day.
Premium Tier: $49/month. Unlimited transfers (subject to fair use).

Subscription prices are subject to change with 30 days' notice. Founding Member pricing is locked for the duration of the continuous subscription.

5. Usage Limits

Your use of the service is subject to limits based on your subscription plan. "Fair use" prohibits abuse that degrades service performance for others. We reserve the right to enforce rate limits to ensure system stability.

6. Acceptable Use

You agree not to misuse the SmartSync services. Prohibited actions include illegal activities, attempting to bypass API limits, reselling the service without permission, and interfering with other users.

7. Intellectual Property Rights

Our Property: The Service, including all software, code, features, functionality, designs, graphics, user interface, and content (excluding user-generated content) is owned by SmartSyncAPP and is protected by copyright, trademark, and other intellectual property laws.

Your License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal or internal business purposes in accordance with these Terms.

8. SMARTSHEET API DEPENDENCY

Critical Disclosure: SmartSync is a third-party application that integrates with Smartsheet via their public API. This is the most important section of these Terms as it governs our core functionality.

8.1 Our Relationship with Smartsheet

Independent Third Party:

SmartSync is NOT affiliated with Smartsheet Inc.
SmartSync is NOT endorsed by Smartsheet Inc.
SmartSync is NOT an official Smartsheet product or service
SmartSync is subject to Smartsheet's API Terms of Service
SmartSync operates independently as a third-party integration
Smartsheet may terminate or restrict our API access at any time

8.2 Service Dependency

Our Service relies entirely on Smartsheet's API to function. SmartSync's availability and features are completely dependent on:

Smartsheet API availability and uptime
Smartsheet's Terms of Service and API policies
Continued access to Smartsheet's systems and data
Smartsheet API endpoints remaining accessible and unchanged
Smartsheet's rate limits and usage policies
Smartsheet's decisions regarding third-party integrations

8.3 What We Cannot Control

No Guarantees: We do not control Smartsheet's services and therefore cannot guarantee:

Continuous availability of Smartsheet's API
That specific features will remain available in the future
That API endpoints will remain unchanged or compatible
That our API access will not be restricted, limited, or revoked
That Smartsheet will maintain backward compatibility with API changes

8.4 Potential Service Disruption

Immediate Impact Possible: If Smartsheet modifies, restricts, deprecates, rate-limits, or discontinues any part of their API, SmartSync's functionality may be partially or completely impaired without prior notice.

Our Response: We will make commercially reasonable efforts to adapt to API changes when technically feasible. However, we cannot guarantee our ability to maintain functionality if Smartsheet restricts or removes our access.

8.5 Limitation of Liability for Third-Party API

No Liability for Smartsheet Issues: We are NOT liable for:

Service disruptions caused by Smartsheet API changes, outages, or modifications
Features becoming unavailable due to API deprecation or policy changes
Loss of functionality due to Smartsheet business or technical decisions
Any direct, indirect, incidental, or consequential damages resulting from Smartsheet's decisions regarding their API, services, or policies
Data loss, corruption, or inaccessibility caused by Smartsheet service issues

9. Service Modifications and Beta Status

Current Beta Status: SmartSync is currently in public beta testing. During the beta period, the Service is provided "AS-IS" and "AS AVAILABLE" without warranties. Features are experimental and may not function as expected.

We reserve the right to modify, suspend, or discontinue any part of the service at any time. We will provide reasonable notice of significant changes.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTSYNC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SMARTSYNC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless SmartSync, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the service or your violation of these Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates.

14. Contact Us

If you have questions about these Terms, please contact us at support@smartsyncapp.com.