Terms of Service

SmoothSail is a technical compliance service that helps ecommerce and subscription businesses identify and address gaps under California’s Automatic Renewal Law (ARL) and similar laws, through audits, fixes, and ongoing monitoring.

SmoothSail is not a law firm, and nothing on the Site or in our services constitutes legal advice. We help you identify and fix known ARL risk patterns, but we cannot guarantee that you will never be sued — anyone can sue anyone, regardless of how compliant you are. If you are facing active litigation, we recommend working with an attorney.

You must be at least 18 years old and authorized to act on behalf of the business you represent to use the Site or engage our services.

The Site is informational and does not itself constitute a service commitment. Pricing, payment, and cancellation terms for our audit, fix, and monitoring services are set out in a separate services agreement that is negotiated and signed between SmoothSail and each client, and are not published on this Site. Paid engagements begin only once that agreement is in place.

Information you share with us as part of an audit or engagement is treated as confidential under the terms of the services agreement covering that engagement.

You agree not to:

• Use the Site for any unlawful purpose.
• Attempt to gain unauthorized access to the Site or its underlying systems.
• Scrape, reverse engineer, or interfere with the Site’s normal operation.
• Misrepresent your identity or authority to act for a business.

The Site, including its text, design, and graphics, is owned by SmoothSail or its licensors and is protected by intellectual property law. You may not copy, reproduce, or distribute Site content without our permission.

The Site may reference or link to third-party websites or services. SmoothSail is not responsible for their content, operation, or privacy practices.

The Site and our services are provided “as is,” without warranties of any kind, express or implied. We do not warrant that the Site will be uninterrupted, error-free, or that any audit, fix, or monitoring service will prevent litigation or guarantee legal compliance.

To the fullest extent permitted by law, SmoothSail’s total liability arising from your use of the Site or our services shall not exceed the fees you paid SmoothSail for the engagement that gave rise to the claim. In no event will SmoothSail be liable for any indirect, incidental, special, or consequential damages, including but not limited to: business interruption, attorney fees, settlement costs, or litigation expenses.

You agree to indemnify and hold SmoothSail harmless from any claims, damages, or expenses arising from your breach of these Terms or your misuse of the Site or our services.

You and SmoothSail agree that any dispute arising out of or relating to these Terms or our services will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court. This means you and SmoothSail each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative action.

You may opt out of this arbitration agreement by sending written notice to info@smoothsail.co within 30 days of first agreeing to these Terms.

We may suspend or terminate your access to the Site at any time, for any reason, without notice. Provisions of these Terms that by their nature should survive termination (including the arbitration agreement, limitation of liability, and indemnification) will survive.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles, except as limited by the arbitration agreement above.

We may update these Terms from time to time. If we make material changes, we’ll update the “Last updated” date above. Continued use of the Site after changes take effect means you accept the updated Terms.

If you have questions about these Terms, contact us at info@smoothsail.co.