Terms of Service
DRAFT — under legal review, not yet finalised.
These terms govern use of Smaily Campaign Intelligence (the "Service"), operated by Sendsmaily OÜ (registry code 12837097, registered address Paldiski mnt 29, 10612 Tallinn, Estonia, "we", "us"). By connecting a store to the Service or logging into the console, you ("merchant", "you") agree to these terms.
1. What the Service does
The Service is a recommendation engine that connects to a merchant's e-commerce store (currently WooCommerce and Shopify, via a plugin, or any platform via Make) and to their Smaily email account. It ingests catalog, order and customer-activity data, computes personalised product recommendations overnight, and writes them into the merchant's Smaily contacts as custom fields for use in the merchant's own campaigns and automations. It does not send email on its own — the merchant remains in control of what is sent and when.
2. Pilot / early-access status
The Service is currently in a limited pilot phase with a small number of stores. It is provided without a formal uptime service-level agreement unless one is separately agreed in writing. Features, the industry-specific recommendation rules, and this document may change as the pilot develops. We will tell you about material changes.
3. Your responsibilities as a merchant
- You must have a lawful basis, under applicable data-protection law, for the customer, order and browsing data you connect to the Service, and for any tracking script placed on your storefront.
- You remain the data controller of your customers' data; we process it on your instructions as described in our Privacy Policy. You are responsible for your own store's privacy notice covering this processing, and for obtaining any consent (e.g. cookie/tracking consent) required in your jurisdiction.
- You are responsible for the accuracy of the data you upload or connect (catalog, orders, customers).
- Access to your account (API keys, console logins) is your responsibility to keep secure; revoke a key immediately if you suspect it is compromised.
4. AI-generated output
Product tags and CSV column mappings may be suggested by an AI model (see Privacy Policy §3). Recommendations themselves are computed by our own ranking logic, informed by industry rules and what has worked historically. All AI- and algorithm-generated output can be wrong. Review recommendations, tags and mappings before relying on them for anything business-critical.
5. Intellectual property
We retain all rights in the Service — its software, industry packs, and underlying models. You retain all rights in your own data (catalog, orders, customers) and in your brand. Connecting your store to the Service does not transfer ownership of your data to us; we hold it only to provide the Service, as described in our Privacy Policy.
6. Term, suspension and termination
Either party may stop using/providing the Service at any time by notice. On termination, we disable your integration and, following the offboarding process described in our Privacy Policy §4, export a final copy of your data for your own records and then permanently delete it from the Service. We may suspend access immediately if we reasonably believe your use violates these terms, applicable law, or risks the security or integrity of the Service or other merchants' data.
7. Third-party dependencies
The Service depends on infrastructure and AI providers listed in our Privacy Policy §5 (Vercel, Supabase, Anthropic), and on your own Smaily account and store platform. An outage or change at any of these is outside our control; we will make reasonable efforts to notify you of anything materially affecting the Service.
8. Disclaimer of warranties
The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied or statutory, including (without limitation) any implied warranties of merchantability, fitness for a particular purpose, and non-infringement — to the maximum extent permitted by applicable law. We do not warrant that the Service will be uninterrupted, error-free, or that recommendations will produce any particular result.
9. Limitation of liability
To the maximum extent permitted by applicable law, we exclude all liability — whether in contract, tort (including negligence) or otherwise — arising out of or in connection with the Service. Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law.
10. Governing law
These terms are governed by the laws of Estonia, without regard to conflict-of-law principles. Disputes are subject to the exclusive jurisdiction of Harju Maakohus (Harju County Court).
11. Changes to these terms
We may update these terms as the Service evolves. Material changes will be reflected here with an updated date at the bottom of the page, and we will make reasonable efforts to notify active merchants.
12. Contact
Sendsmaily OÜ Registry code: 12837097 Paldiski mnt 29, 10612 Tallinn, Estonia info@smaily.com
Last updated: 2026-07-17