Terms of Service

1. Eligibility

You must be at least 16 years old in the EU/EEA or at least 13 years old in the United States to use Smile Rain. By using the service you represent and warrant that you meet this requirement and are not barred from using it under the laws of your jurisdiction.

2. Your account

Access is currently invite-only via an approved whitelist. You are responsible for maintaining the confidentiality of your Google account credentials. Notify us immediately at [email protected] if you become aware of any unauthorized access to your account. We are not liable for losses caused by unauthorized use of your account where you have failed to keep your credentials secure.

3. Acceptable use

You agree not to:

• Use the service for any unlawful purpose or in violation of any applicable law.
• Attempt to circumvent the whitelist, rate limits, authentication, or any other technical protection on the service.
• Decompile, reverse-engineer, or attempt to extract the source code of proprietary portions of the service.
• Upload or transmit content that infringes a third party’s intellectual property, privacy, or other rights.
• Interfere with or disrupt the integrity or performance of the service or its underlying infrastructure.

4. Your content

You retain full ownership of all tasks, notes, entries, and other content you create. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your content solely to the extent necessary to operate and provide the service to you. We do not use your content for any other purpose, including training machine-learning models.

You are responsible for ensuring that any content you store does not violate applicable law or third-party rights.

5. Our intellectual property

The Smile Rain name, brand glyph, design system, and source code are owned by us and protected by applicable intellectual property laws. Nothing in these terms grants you a license to use them outside of the normal operation of the service. All rights not expressly granted are reserved.

6. Privacy and communications

Our handling of your personal data is described in the Privacy Policy, which is incorporated into these terms by reference. If you subscribe to our newsletter or waitlist, you consent to receiving those communications. You may opt out at any time via the unsubscribe link in any email.

7. Service availability

We provide the service on a commercially reasonable basis but do not guarantee any specific uptime, availability, or continuity. We may modify, suspend, or discontinue any part of the service at any time, with reasonable notice where practicable. We will not be liable for any interruption or loss of access to the service.

8. Disclaimers

The service is provided “AS IS” and “AS AVAILABLE” without warranty of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be error-free or that defects will be corrected.

Nothing in this section limits any statutory rights you may have under consumer protection laws in your jurisdiction that cannot be excluded by contract.

9. Limitation of liability

To the maximum extent permitted by applicable law, our aggregate liability for any claim arising out of or relating to these terms or the service is limited to the greater of (a) the total fees you have paid us in the 12 months preceding the claim, or (b) USD 100. We are not liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits or loss of data.

These limitations do not apply to liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or to any other liability that cannot be excluded or limited under applicable law. If you are a consumer in the EU/EEA, mandatory consumer protection rights under your local law are unaffected.

10. Termination

You may stop using the service at any time by requesting account deletion. We may suspend or terminate your access if you materially breach these terms, with prior written notice where reasonably practicable. Upon termination, provisions that by their nature should survive — including intellectual property, disclaimers, and limitation of liability — will continue in full force.

11. Governing law and disputes

These terms are governed by the laws of the jurisdiction in which we are established, without regard to conflict-of-laws rules. You agree to submit to the exclusive jurisdiction of the competent courts in that jurisdiction for resolution of any dispute.

If you are a consumer resident in the EU/EEA or UK, you retain the benefit of any mandatory consumer protection laws of your country of residence that cannot be waived by contract, and you may bring proceedings before the courts of your country of residence. The European Commission’s Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr.

12. Changes to these terms

We may update these terms to reflect changes in the service or applicable law. We will provide at least 14 days’ advance notice of material changes via an in-app announcement before they take effect. Continued use of the service after the effective date of the revised terms constitutes acceptance.

13. Contact

Questions about these terms: [email protected].