Terms of service

1. Accepting these terms

By creating an account, signing in, or using Small in any way, you agree to these terms. If you are agreeing on behalf of a company or other organization, you confirm you have authority to bind it, and “you” means that organization.

If you do not agree, do not use Small. You must be at least 18 and capable of forming a binding contract. Small is a tool for businesses; it is not offered for personal or household use.

2. What Small does, and what it is not

Small lets a business create and send invoices, track time against clients and projects, and collect payment by card or, in the United States, by bank transfer.

We are not a bank, a money transmitter, or a payment processor. We do not extend credit, and we never hold your money or your customers’ money. Payments are processed by Stripe and settle directly into your own Stripe account. We do not guarantee that any invoice will be paid, and we have no obligation to pursue a customer who does not pay you.

3. Your account

Signing in is by emailed link rather than a password, so control of your email address is control of your account. Keep it secure. You are responsible for everything done through your account and through any API key you issue, and for every person you invite into your organization.

Tell us promptly at phil@functionform.co if you believe your account has been accessed by someone who should not have it.

4. Payments, and your relationship with Stripe

To collect payment through Small you must open and maintain a Stripe connected account. That account is yours. Your use of it is governed by Stripe’s own agreement, which is a separate contract between you and Stripe that we are not party to and cannot vary.

You are the merchant of record on every payment you collect. That means refunds, chargebacks, disputes and the fees Stripe charges for them are yours to handle and yours to bear. Stripe may hold, delay or reverse a payout, or close your account, on its own terms — if it does, we cannot override it, and we are not liable to you for it.

Stripe’s processing fees are charged by Stripe, are separate from our fee described below, and apply on every plan.

5. Our fee

Creating, sending and managing invoices is free on every plan. We charge in one of two ways, depending on your plan, and never both.

On Solo, we take 0.5% of an invoice’s total before tax at the moment it is paid, capped at $10 per invoice (or the equivalent of 10 units of the invoice’s currency). It is collected as an application fee on the Stripe charge, so it comes out of the payment rather than being billed to you separately. The fee attaches to the invoice, not to the payment: an invoice settled by a deposit and a balance pays it once.

On Pro, we take no percentage fee on any invoice while the subscription is active.

We may agree a different rate with you in writing. If we do, that rate is fixed onto your account and onto each invoice when you send it, and changing it later does not alter an invoice already sent.

6. The Pro subscription

Pro is billed by us to you, on our own Stripe account. It is separate from, and unrelated to, the payments you collect from your own customers.

Pro is $84 per seat per year billed annually, or $9 per seat per month billed month to month, with no limit on the number of seats. Seats prorate daily: adding someone part-way through a billing cycle costs the remainder of that cycle, and removing someone credits it.

Price changes. If we raise the price, the rise applies to new subscriptions only. Your subscription stays at the price you started on for as long as it runs without interruption. If you cancel and later resubscribe, you subscribe at the price then current.

Cancellation, and no refunds. You may cancel at any time. Cancelling stops the subscription at the end of the period you have already paid for, and you keep Pro until then. We do not refund the unused part of any period, in whole or in part, including an annual term cancelled early. This is the whole of our refund policy: except where the law requires otherwise, subscription payments are non-refundable.

If a renewal fails. We will tell you and keep Pro running for 14 days while you fix it. If it is still unpaid after that, the account returns to Solo. Nothing is deleted and nothing is hidden — you keep your invoices, your clients and your ability to be paid, and you lose what Pro added. Paying restores it.

Prices are exclusive of any tax we are required to collect, which we will add where it applies.

7. What you are responsible for

The accuracy of everything you put on an invoice — amounts, tax rates, tax registration numbers, line items and payment terms. We do not check them, calculate your tax liability, or give tax, legal or accounting advice. Small applies the tax rates you enter.

Your relationship with your own customers, including whether the work was done, whether the invoice is owed, and how a dispute between you is resolved.

Having the right to send what you send. When you invoice someone through Small, you confirm you have a lawful basis to contact them and to use the details you entered about them.

Complying with the law that applies to you, including tax, invoicing, record-keeping, sanctions and anti-money-laundering rules.

8. Acceptable use

You must not use Small to:

• invoice for anything unlawful, or anything Stripe’s restricted businesses list prohibits;
• send invoices to people who have not agreed to do business with you, or send bulk unsolicited email of any kind;
• defraud anyone, launder money, or disguise who is being paid and by whom;
• impersonate another business, or invoice under a name you are not entitled to use;
• break, probe or circumvent the service’s security, access another organization’s data, or exceed the API rate limits deliberately;
• resell or white-label Small as your own product without our written agreement; or
• place malicious code into anything you upload, send or store through Small.

We may investigate a suspected breach, and we may report unlawful activity to the authorities.

9. Your data

Your invoices, clients, projects, time entries and business details are yours. We claim no ownership of them. You grant us only the licence we need to run the service for you: to store your data, process it, display it back to you, and send it where you tell us to — an invoice to the customer you addressed it to, a reminder when one runs overdue, a charge to Stripe when one is paid.

We do not sell your data, and we do not use it for advertising. What we collect and who we share it with is described in our privacy policy.

You can export your invoices from the application at any time while your account is open. If you want your data deleted, email phil@functionform.co and we will delete it within 30 days, except where we are required to keep records — invoice and payment records in particular — for tax and accounting purposes, and except for backups, which age out on their own cycle.

10. Availability, changes and support

We aim to keep Small available and working, but we do not promise any particular uptime and we offer no service level agreement. We may need to take the service down for maintenance, usually without notice for anything urgent.

We change the product continually. We may add, alter or withdraw features. If we withdraw something material that you rely on, or make a change to these terms that materially reduces what you get, we will tell you by email at least 30 days before it takes effect, and you may cancel before it does.

Support is by email at phil@functionform.co. We answer as promptly as we can and do not commit to a response time.

11. No warranty

Small is provided as is and as available. To the fullest extent the law allows, we disclaim all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the service will be uninterrupted or error-free, that any invoice will be delivered, opened or paid, that reminders will arrive, or that the figures you enter are correct. Email delivery in particular depends on systems we do not control.

12. Limitation of liability

To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, or the cost of substitute services — even if told such damages were possible.

To the fullest extent the law allows, our total liability to you for all claims arising out of or relating to these terms or your use of Small, taken together, will not exceed the greater of (a) the total amount you paid us in the twelve months before the event giving rise to the claim, and (b) US$100.

We are not liable for anything caused by Stripe, by a bank, by an email provider, or by any other third party we rely on, nor for a customer of yours who does not pay.

Nothing in these terms limits liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited. These limits apply even if a remedy fails of its essential purpose, and they reflect the allocation of risk that the pricing of the service is based on.

13. Indemnity

You will indemnify and hold harmless Small, and its officers, employees and agents, from any claim, loss, liability or expense (including reasonable legal fees) arising out of the invoices you send, your relationship with your own customers, your data, your breach of these terms, or your breach of the law.

14. Suspension and termination

You may stop using Small and close your account at any time. Section 6 governs what happens to a Pro subscription when you do.

We may suspend or terminate your account if you materially breach these terms, if we are required to by law, if Stripe closes your connected account, or if we reasonably believe your use puts other users or the service at risk. Where it is practical and lawful to do so, we will warn you first and give you a chance to put it right.

We may also discontinue Small entirely, on at least 90 days’ notice by email, during which you can export your data. If we do, we will refund the unused portion of any Pro term you have already paid for — the one case in which we do refund.

Sections 5, 7, 9, 11, 12, 13, 15 and 16 survive termination, along with any fee or subscription amount already owed.

15. Governing law and disputes

These terms, and any dispute arising out of them or out of your use of Small, are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and Small agree to the exclusive jurisdiction of the state and federal courts located in the State of Georgia, and each waives any objection to that venue.

Before filing anything, please email phil@functionform.co and give us 30 days to resolve it. Most things are settled faster that way than in court.

16. General

These terms, together with the privacy policy, are the entire agreement between us about Small, and replace anything said or written beforehand.

If a provision is held unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest stays in force. Our not enforcing something is not a waiver of it.

You may not assign these terms without our written consent. We may assign them to an affiliate, or in connection with a merger, acquisition or sale of substantially all our assets. Nothing here creates a partnership, joint venture, employment or agency relationship, and there are no third-party beneficiaries.

Neither party is liable for a failure to perform caused by something outside its reasonable control.

17. Contact

Function Form LLC
10912 Serenbe Lane, Palmetto, GA 30268
Legal notices: phil@functionform.co
Support and billing: phil@functionform.co