Terms of Service

These Terms of Service govern access to and use of SmartComply websites, applications, customer workspaces, public portals, APIs, support tools, documentation, demos, and related services.

By creating an account, accessing a workspace, submitting information through a portal, using an API key, signing an order form, or otherwise using SmartComply, you agree to these terms on behalf of yourself and, if applicable, the organization you represent.

If your organization has a separate written agreement, order form, statement of work, data processing addendum, or government contract with SmartComply, that written agreement controls where it conflicts with these online terms.

SmartComply provides software for managing water, wastewater, stormwater, backflow, FOG, pretreatment, environmental, and related compliance workflows, including records, facilities, permits, inspections, notices, reports, reminders, public portals, integrations, signatures, APIs, and audit trails.

SmartComply may add, modify, or discontinue features over time. We may provide beta, preview, sandbox, or evaluation features that are not final and may be changed or removed.

You must be able to form a binding contract and use SmartComply for lawful business, governmental, or professional purposes.

If you use SmartComply for an organization, agency, municipality, utility, company, or other entity, you represent that you have authority to bind that entity and manage the users, data, and workflows you configure.

Customers are responsible for all activity in their tenant, including users they invite, roles they assign, public portals they enable, API keys they create, integrations they connect, data they import, and notices they send.

You must provide accurate account information, keep credentials confidential, use reasonable security practices, and notify us promptly of suspected unauthorized access.

We may suspend or restrict access when necessary to protect SmartComply, customers, users, public portal participants, service providers, or legal compliance.

Customers retain their rights in records, files, forms, reports, submissions, configurations, templates, comments, signatures, and other content submitted to SmartComply.

You grant SmartComply the rights necessary to host, process, transmit, display, secure, back up, analyze, support, and otherwise operate SmartComply for you and your authorized users.

You represent that you have the rights and notices needed to submit content to SmartComply and to authorize SmartComply and its service providers to process that content.

SmartComply helps organize workflows, deadlines, notices, records, calculations, reports, signatures, and audit trails. SmartComply does not replace professional judgment, legal advice, engineering review, certified operator responsibility, regulator instructions, or customer approval.

Customers remain responsible for final regulatory decisions, legal review, program configuration, submission accuracy, record retention, public records decisions, enforcement decisions, and communications with regulators or regulated parties.

AI-generated text, QA flags, anomaly detection, autofill suggestions, permit checks, and report drafts must be reviewed by a qualified user before reliance, certification, submission, or enforcement.

Customers may configure portals for testers, haulers, industrial users, food service establishments, property owners, inspectors, contractors, or other third parties. Customers are responsible for portal notices, access rules, required fields, workflows, and how submissions are used.

External users must submit accurate information, may only access workflows made available to them, and may not impersonate another person or misrepresent credentials, certifications, test results, inspection results, manifests, compliance status, or authority.

API keys, OAuth credentials, webhooks, imports, exports, and integrations must be protected and used only for authorized tenant purposes.

You are responsible for systems you connect to SmartComply, data you transmit through integrations, webhook endpoints you configure, and actions taken using your API credentials.

We may apply rate limits, scope restrictions, logging, revocation, or suspension to protect service reliability and security.

Paid features may be billed according to an order form, subscription page, invoice, statement of work, or separate agreement. Unless stated otherwise, fees are due in U.S. dollars and are exclusive of taxes.

Payment processing may be handled by a third-party payment processor. You authorize applicable charges, renewals, usage fees, and taxes according to the checkout flow or written agreement.

Failure to pay may result in suspension, downgrade, termination, or collection activity after appropriate notice, subject to any written agreement.

You must comply with the Acceptable Use Policy. You may not misuse SmartComply, interfere with security, upload malicious code, scrape or overload the service, violate law, infringe rights, send spam, or misrepresent regulatory authority.

We may investigate and take action against activity that threatens SmartComply, customers, users, public portal participants, infrastructure, or legal compliance.

Non-public information disclosed through SmartComply, including product roadmap information, security materials, customer data, credentials, pricing, and procurement materials, may be confidential.

Each party will use reasonable care to protect the other party’s confidential information and will use it only for the relationship, except as permitted by law, written agreement, or the disclosing party.

SmartComply and its software, designs, documentation, workflows, templates, logos, trademarks, and other materials are owned by SmartComply or its licensors and are protected by intellectual property laws.

These terms do not transfer ownership of SmartComply intellectual property to you. You may not copy, reverse engineer, resell, sublicense, or create derivative works from SmartComply except as expressly allowed by law or written agreement.

Feedback may be used by SmartComply without restriction or compensation, provided we do not disclose customer confidential information in doing so.

SmartComply may interoperate with third-party services such as hosting providers, payment processors, identity providers, analytics tools, email providers, AI providers, LIMS, GIS, billing systems, state reporting portals, and customer-configured integrations.

Third-party services may have their own terms and privacy policies. SmartComply is not responsible for third-party services that are not under our control.

To the maximum extent permitted by law, SmartComply is provided “as is” and “as available” unless a written agreement states otherwise. We disclaim implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

SmartComply does not guarantee that any configuration, report, notice, calculation, workflow, or submission will satisfy every law, permit, regulator, customer policy, or factual scenario.

To the maximum extent permitted by law, SmartComply will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, or for loss of data, revenue, goodwill, or business opportunity.

Unless a written agreement states otherwise, SmartComply’s total liability for all claims relating to the service will not exceed the amounts paid to SmartComply for the service giving rise to the claim during the twelve months before the event giving rise to liability.

You agree to defend and indemnify SmartComply from claims arising from your content, your misuse of the service, your violation of these terms, your connected systems, your regulatory decisions, or your violation of law or third-party rights, except to the extent caused by SmartComply’s gross negligence or willful misconduct.

You may stop using SmartComply at any time, subject to any payment, retention, export, or termination obligations in a written agreement.

We may suspend or terminate access for material breach, nonpayment, security risk, unlawful use, or discontinuation of the service, subject to any notice requirements in a written agreement.

After termination, customer data may be retained, exported, or deleted according to the customer agreement, product settings, legal obligations, and backup schedules.

Unless a written agreement states otherwise, these terms are governed by the laws of the jurisdiction identified in SmartComply’s applicable order form or principal place of business, without regard to conflict-of-law rules.

Before filing a claim, the parties will attempt in good faith to resolve disputes informally by contacting support@smartcomply.app or the account contact identified in the applicable agreement.

We may update these online terms from time to time. Material changes will be posted with a new Last updated date or communicated through the service, email, or a customer agreement when appropriate.

Continued use of SmartComply after updated terms become effective means the updated terms apply.