Last modified: October 2025

This Terms of Service (“Agreement”) is a binding agreement between you (“User,” “you”) and SB ECO, LLC (“Company,” “we,” “us”). It governs your access to and use of SmallScale’s web-based application, website, content, and services (collectively, the “Service”). By accessing or using the Service, you (“User”) accept and agree to be bound by this Agreement. If you do not agree, do not access or use the Service.

1. Grant of Access / License

Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable right to access and use the Service via web browser or other supported means, strictly in accordance with any documentation, and only for your personal or internal business use.

Your access includes the ability to view, interact with, and use content, data, tools, and features made available through the Service (“Content and Services”), as permitted by this Agreement and any additional Website Terms.

2. Restrictions on Use

You agree not to:

• Copy, reproduce, duplicate, or redistribute the Service or any part thereof, except as expressly permitted.
• Modify, adapt, translate, create derivative works, or otherwise attempt to reverse-engineer, decompile, disassemble, or derive the source code or underlying structure of the Service.
• Remove, alter, or obscure any proprietary rights notices (e.g., copyright, trademark) contained in the Service.
• Rent, lease, sublicense, distribute or transfer the Service (or any features or functionality) to any third party, or make the Service available over a network or system that permits use by multiple users concurrently, unless expressly allowed by Company.
• Bypass, disable or circumvent any security or usage restrictions implemented in the Service.
  
  

3. Ownership; Reservation of Rights

The Service (and all associated intellectual property, content, code, trademarks, data, designs, and other rights) remain the sole property of Company (or its licensors). You acquire no ownership rights in the Service; your rights are limited to those explicitly granted under this Agreement.

4. Collection and Use of Information; Privacy

When you access or use the Service, Company may collect information about your usage, your device, browser, and other technical data, including cookies or web beacons. You may also need to provide personal or business information to access certain features. All information collected via the Service is subject to Company’s Privacy Policy. By using the Service, you consent to Company’s collection and use of information in accordance with that policy.

5. Content and Services from the Website

The Service may provide access to content and services hosted on or accessible through Company’s website (e.g., at smallScale.app) or related web infrastructure. Such Content and Services are governed by this Agreement, and by any additional Website Terms of Use or policies (including Privacy Policy). Use of certain features may require registration or acceptance of additional terms; failure to comply may limit or block access.

Any violation of those Website Terms of Use or policies will also constitute a violation of this Agreement.

6. Geographic and Legal Restrictions

The Service is operated from the United States (state of Illinois) and is intended for use by users located in the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Company makes no promise that the Service, or any of its content or services, will be available or lawful outside the United States.

7. Updates and Changes

We may from time to time update, improve, or otherwise change the Service (including add or remove features) in our sole discretion. We are not obligated to provide any particular update or maintain any specific features. Continued use of the Service constitutes your acceptance of such changes.

We may also modify this Agreement; when we do so, we will post the revised Agreement on the website. Your continued use of the Service after modifications constitutes your acceptance of the revised terms.

8. Third-Party Content and Materials

The Service may display or link to third-party content, data, services, or websites (“Third-Party Materials”). We do not control, endorse, or assume any responsibility for Third-Party Materials. You access and use Third-Party Materials at your own risk, and you must abide by any applicable third-party terms. Company disclaims all liability in connection with Third-Party Materials.

9. Term and Termination

• This Agreement is effective when you first access or use the Service, and remains in effect until terminated.
• You may terminate your right to use the Service at any time by discontinuing use.
• Company may terminate or suspend your access to the Service at any time, with or without notice, including if we cease to offer the Service or if you violate this Agreement.
• Upon termination, all rights granted under this Agreement will cease, and you must stop using the Service. Termination does not limit any of Company’s rights or remedies under law.
  
  

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. COMPANY (AND ITS LICENSORS, AFFILIATES, AND SERVICE PROVIDERS) DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

We make no representation or warranty that the Service will meet your requirements, be uninterrupted, timely, secure, error-free, compatible with your hardware or software, or that defects will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY (AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING out of or related to your use or inability to use the Service — including loss of profits, data loss, business interruption, or other damages — even if Company has been advised of the possibility of such damages.

In no event shall Company’s aggregate liability exceed the amount actually paid by you (if any) for the Service.

12. Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, affiliates, successors and assigns from any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of this Agreement, or your infringement of any rights of a third party.

13. Export Control / Compliance with Laws

You shall comply with all applicable U.S. and local laws, regulations, and export control rules. You shall not export, re-export, or otherwise distribute components of the Service to jurisdictions where such distribution is prohibited.

14. Severability

If any part of this Agreement is found to be invalid or unenforceable under applicable law, that part will be modified so as to be enforceable to the maximum extent permitted, and the rest of the Agreement will remain in full force and effect.

15. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict of laws rules. Any legal action arising under or relating to this Agreement must be brought exclusively in the state or federal courts located in Cook County, Illinois. By using the Service, you consent to personal jurisdiction and venue in those courts.

16. Entire Agreement; Waiver

This Agreement (together with any applicable Privacy Policy) constitutes the entire agreement between you and Company with respect to the Service, and supersedes all prior or contemporaneous prior agreements or understandings. No waiver by Company of any right under this Agreement shall be deemed a waiver of any other right.