Smalti — End User License Agreement

Last updated: July 26, 2026

This End User License Agreement ("Agreement") is between you ("User") and Timothy Fennell, operating as Smalti, Canada ("Licensor") and governs your use of the Smalti application ("Software").

By downloading, installing, or using the Software, you agree to this Agreement. If you do not agree, do not install or use the Software.

1. License Grant

Licensor grants you a non-exclusive, non-transferable license to install and use the Software on devices you own or control, for your own personal or commercial creative work, subject to the terms below.

2. Trial Period

The Software may be used under a free trial period as displayed in the application. After the trial period ends, export functionality may be disabled until a valid license is activated. Licensor may change trial terms for future versions at its discretion.

3. Ownership

The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights.

4. NO WARRANTY

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ANY OUTPUT (INCLUDING BUT NOT LIMITED TO IMAGE FILES, SVG FILES, G-CODE, 3D MODEL FILES, OR VIDEO FILES) WILL BE SUITABLE, SAFE, OR CORRECT FOR ANY PARTICULAR PURPOSE, MACHINE, OR MATERIAL.

5. Hardware, G-code, and Physical Output — User Responsibility

The Software can generate machine instructions (including, without limitation, G-code for pen plotters, CNC machines, and similar devices) and other files intended to drive physical hardware. You are solely responsible for:

Licensor is not responsible for, and disclaims all liability arising from, incorrect machine settings, misconfigured hardware parameters, or any other user error in how exported output is used with physical equipment. The Software does not know the specifications, calibration, or safety limits of your particular hardware — you do.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, OR ANY DAMAGE TO PROPERTY OR EQUIPMENT (INCLUDING PEN PLOTTERS, CNC MACHINES, OR OTHER HARDWARE), ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LICENSOR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.

7. Termination

This license terminates automatically if you violate its terms. Upon termination, you must stop using the Software and delete all copies.

8. Refunds

Refunds, if any, are handled per the policy of the payment processor used at time of purchase (Paddle or successor).

9. Changes

Licensor may update this Agreement for future versions of the Software. Continued use after an update constitutes acceptance of the revised terms.

10. Governing Law

This Agreement is governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

11. Contact

Questions about this Agreement: timfennell@gmail.com