Terms & Privacy Policy

Terms and Conditions

1. Acceptance of Terms

By signing up for a ToggleSmartly account, you automatically and unconditionally agree to these Terms and Conditions. Your use of the Service constitutes your acceptance of these Terms. If you do not agree to any part of these Terms, you must immediately discontinue your use of the Service and terminate your account.

During account creation, we present a clearly labeled checkbox that links to these Terms and the Privacy Policy. You must actively select the checkbox before completing registration, and the date/time of your consent is stored in our audit logs. For mobile or API-based onboarding, an equivalent “I Agree” prompt is displayed and must be accepted before access is granted.

2. Description of Service

ToggleSmartly is a feature flag management platform that allows users to create, manage, and control feature flags for their applications through a web-based interface and RESTful API. The Service includes:

• Web-based dashboard for managing organizations, applications, environments, and feature flags
• RESTful API for programmatic access to feature flag values
• API key management and authentication
• Billing plan management with various subscription tiers

We may modify, suspend, or discontinue aspects of the Service to improve functionality, security, or user experience. We will provide advance notice via email to your registered email address for any material changes that may affect your use of the Service. In rare emergency situations requiring immediate action to protect the Service or user data, we may take action with minimal notice, but we will notify you as soon as possible thereafter.

3. User Accounts and Registration

To use the Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept full responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

You are responsible for maintaining the confidentiality of your account credentials. ToggleSmartly is not liable for any loss or damage arising from your failure to protect your account credentials.

4. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Transmit any malicious code, viruses, or harmful data through the Service
• Attempt to gain unauthorized access to the Service or any related systems
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to store or transmit any content that infringes on intellectual property rights
• Use the Service in any manner that could damage, disable, or impair the Service
• Attempt to reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without authorization
• Share or distribute your API keys to unauthorized parties

Violation of these restrictions may result in suspension or termination of your account. We will typically provide a warning and opportunity to correct the violation before taking such action, except in cases of serious violations, fraud, or illegal activity where immediate action may be necessary to protect the Service and other users.

5. Service Availability and Uptime

We are committed to maintaining 100% uptime and strive to ensure the Service is available at all times. We implement robust infrastructure, monitoring systems, and redundancy measures to achieve this goal. However, the Service may occasionally be unavailable due to:

• Scheduled maintenance and updates
• Unforeseen technical issues or system failures
• Force majeure events (natural disasters, cyber attacks, etc.)
• Third-party service provider issues

We implement industry best practices for system reliability, including:

• Regular security updates and patches
• Database encryption and secure data storage
• Backup and disaster recovery procedures
• Monitoring and alerting systems

In the event of a disaster or system failure, we will work diligently to restore the Service as quickly as possible. Our disaster recovery procedures are designed to minimize downtime and data loss. We will keep you informed of our progress and expected recovery times through email notifications and status updates.

6. Data Security and Encryption

ToggleSmartly implements comprehensive security measures to protect your data:

• Database Encryption: All data stored in our databases is encrypted at rest using industry-standard encryption algorithms
• API Key Security: API keys are hashed using BCrypt and never stored in plain text
• Secure Transmission: All data transmitted between your devices and our servers is encrypted using TLS/SSL
• Access Controls: Creator-based access control ensures only authorized users can modify resources
• Rate Limiting: API endpoints are protected by rate limiting to prevent abuse

We continuously work to enhance our security measures and stay ahead of emerging threats. In the unlikely event of a security breach, we will:

• Notify affected users as required by applicable law
• Investigate the breach and take corrective action
• Work to prevent future breaches

However, your data remains encrypted, which significantly reduces the risk of unauthorized access even in the event of a breach.

7. Self-Hosting and Dedicated Hosting Options

For Enterprise customers and organizations with specific security or compliance requirements, ToggleSmartly may offer the following deployment options after a mutual evaluation of technical fit and a separately executed written agreement:

• Self-Hosting: Enterprise customers may request self-hosted deployments of the ToggleSmartly platform for complete control over their infrastructure
• Dedicated Hosting: Dedicated hosting solutions are available for Enterprise plans, providing isolated infrastructure and enhanced security

Self-hosting and dedicated hosting options are subject to detailed Statements of Work, mutually agreed implementation timelines, and additional fees. These options are not automatically included with Enterprise plans and may be limited by technical feasibility.

For smaller businesses and individual users, the standard cloud-hosted Service is fully functional and suitable for production use. The Service is actively used in production environments and follows industry best practices for reliability and security.

8. Billing and Subscription Plans

ToggleSmartly offers various subscription plans with different resource limits:

• Free Plan: Limited resources for getting started
• Premium Plan: Enhanced limits for growing businesses
• Enterprise Plan: Higher limits for large organizations
• Custom Plan: Tailored solutions with custom limits

You are responsible for:

• Selecting the appropriate plan for your needs
• Ensuring your usage stays within plan limits
• Upgrading your plan if you exceed current limits
• Paying all fees associated with your selected plan

We may adjust pricing and plan features from time to time to reflect improvements, new features, or market conditions. We will provide at least 30 days' advance notice via email before any pricing changes take effect. If you do not wish to accept the new pricing, you may cancel your subscription before the changes take effect. Continued use of the Service after the effective date of pricing changes constitutes acceptance of the new pricing.

Monthly subscriptions can be canceled at any time from the billing dashboard and will remain active through the end of the paid term. Annual or custom invoiced subscriptions may be eligible for prorated refunds where required by applicable law; otherwise, refunds are processed in accordance with the governing Statement of Work or order form.

9. Limitation of Liability

We are committed to providing a reliable and secure Service and will make commercially reasonable efforts to prevent and remediate issues. To the maximum extent permitted by applicable law, ToggleSmartly and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities not directly caused by ToggleSmartly’s breach of these Terms
• Service interruptions, downtime, or unavailability caused by factors outside of our reasonable control (including force majeure events and third-party provider outages)
• Data loss or corruption resulting from factors outside our reasonable control despite our safeguards
• Damages resulting from unauthorized access to your account when we have implemented the security controls described in these Terms and you have failed to protect your credentials
• Damages resulting from your misuse of the Service or violation of these Terms

Where an outage or service issue is directly attributable to us, we may, at our discretion, provide service credits or a partial refund proportional to the impact, which will serve as your exclusive remedy for such issues.

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater. This limitation reflects the allocation of risk between us and is an essential element of the basis of the bargain between us.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

10. Disclaimer of Warranties

We strive to provide a high-quality, reliable Service that meets your needs. The Service is provided "as is" and "as available." While we work diligently to ensure the Service functions properly, we cannot guarantee that it will be free from errors, interruptions, or security vulnerabilities at all times.

To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will meet all of your specific requirements, be available at all times without interruption, or be completely free from errors, viruses, or other harmful components.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the fullest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless ToggleSmartly, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content or data you submit, post, or transmit through the Service

12. Termination

We value our relationship with you and will work with you to resolve any issues before considering account suspension or termination. However, we may suspend or terminate your account and access to the Service in cases including:

• Violation of these Terms after we have provided notice and an opportunity to cure (except for serious violations)
• Fraudulent, abusive, or illegal activity (which may result in immediate termination)
• Non-payment of fees after we have provided notice and a reasonable opportunity to pay
• Extended periods of account inactivity (we will provide advance notice before termination for inactivity)

We will provide notice via email before suspending or terminating your account, except in cases of serious violations, fraud, or illegal activity where immediate action is necessary. Upon termination, your right to use the Service will cease. We will retain your account data for a reasonable period to allow for account recovery or data export, after which it may be deleted in accordance with our data retention policies and applicable law.

You may terminate your account at any time by contacting us or using account deletion features in the dashboard. We will process your termination request promptly and assist with any data export needs.

13. Changes to Terms

We may update these Terms from time to time to reflect changes in our Service, legal requirements, or business practices. We are committed to transparency and will communicate material changes to you through:

• Email notification to your registered email address at least 30 days before material changes take effect
• Prominent notice on the Service dashboard
• Updated "Last Updated" date on this page

For material changes that significantly impact your rights or obligations, we may require you to re-accept the updated Terms the next time you log into the Service. If you do not agree to the modified Terms, you may discontinue use of the Service and terminate your account before the changes take effect. We will work with you to address any concerns you may have about changes to these Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be resolved through:

1. Good Faith Negotiation: Parties agree to attempt to resolve disputes through good faith negotiation for a period of 30 days
2. Mediation: If negotiation fails, disputes shall be submitted to mediation by a mutually agreed mediator located in Karachi, Pakistan
3. Arbitration: If mediation fails, disputes shall be resolved through binding arbitration conducted in Karachi, Pakistan, under the Arbitration Act, 1940 (Pakistan) or any successor legislation

Each party agrees that disputes will be resolved through individual proceedings rather than class action lawsuits, unless applicable law does not permit such waiver. Each party waives any right to a jury trial to the fullest extent permitted by law.

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm, without first participating in the dispute resolution process outlined above.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ToggleSmartly regarding the Service and supersede all prior agreements and understandings, whether written or oral.

17. Contact Information

If you have any questions about these Terms, or if you need to provide a formal notice under these Terms, please contact us at:

• Email: contact@togglesmartly.com
• Registered Mailing Address: ToggleSmartly Technologies, Suite 402, Clifton Trade Center, Block 8, Karachi, Sindh, Pakistan
• Website: Contact Us

Privacy Policy

1. Information We Collect

1.1 Information You Provide

We collect information that you provide directly to us, including:

• Account Information: Name, email address, password (hashed), and billing information
• Feature Flag Data: Organizations, applications, environments, feature flags, and their values that you create and manage
• API Keys: API keys you generate (stored as hashed values)
• Support Communications: Information you provide when contacting our support team

1.2 Automatically Collected Information

We automatically collect certain information when you use the Service:

• Usage Data: Logs of API calls, feature flag retrievals, and system interactions
• Technical Data: IP address, browser type, device information, and operating system
• Performance Data: Response times, error rates, and system performance metrics
• Cookies and Tracking: We use cookies and similar technologies to maintain your session and improve the Service

2. How We Use Your Information

We use the information we collect to:

• Provide, maintain, and improve the Service
• Process transactions and manage your account
• Send you service-related communications
• Respond to your inquiries and provide customer support
• Monitor and analyze usage patterns to improve the Service
• Detect, prevent, and address technical issues and security threats
• Comply with legal obligations and enforce our Terms
• Send you marketing communications (with your consent, which you can opt out of at any time)

3. Data Storage and Security

We implement industry-standard security measures to protect your data:

• Encryption: All data stored in our databases is encrypted at rest using AES-256 encryption
• Secure Transmission: All data transmitted between your devices and our servers is encrypted using TLS 1.2 or higher
• Access Controls: Strict access controls limit who can access your data
• Regular Security Audits: We conduct regular security assessments and penetration testing
• Secure Coding Practices: Our codebase follows security best practices and undergoes regular code reviews

We continuously invest in security technologies and practices to protect your data. While we implement industry-leading security measures, no method of transmission over the Internet or electronic storage can be guaranteed to be 100% secure. We are committed to promptly addressing any security concerns and will notify you if we become aware of any security issues affecting your data.

4. Data Retention

We retain your information for as long as necessary to:

• Provide the Service to you
• Comply with legal obligations
• Resolve disputes and enforce our agreements

When you delete your account, we will delete or anonymize your personal information within 30 days, except where we are required to retain it for legal purposes.

Feature flag data and usage logs may be retained for up to 24 months to maintain service functionality, perform audits, and comply with legal requirements, after which it is either deleted or anonymized.

5. Data Sharing and Disclosure

We do not sell, trade, or rent your personal information to third parties. We may share your information only in the following circumstances:

• Service Providers: We may share information with trusted third-party service providers who assist us in operating the Service (e.g., hosting providers, payment processors), subject to strict confidentiality agreements
• Legal Requirements: We may disclose information if required by law, court order, or government regulation
• Protection of Rights: We may disclose information to protect our rights, property, or safety, or that of our users or others
• Business Transfers: In the event of a merger, acquisition, or sale of assets, your information may be transferred to the acquiring entity
• With Your Consent: We may share information with your explicit consent

6. Your Rights and Choices

You have the following rights regarding your personal information:

• Access: You can access and download your account data through the dashboard
• Correction: You can update your account information at any time
• Deletion: You can request deletion of your account and associated data
• Data Portability: You can export your feature flag data in a machine-readable format
• Opt-Out: You can opt out of marketing communications by clicking unsubscribe links or contacting us

To exercise these rights, please contact us at privacy@togglesmartly.com or use the account settings in your dashboard.

If you are located in the European Economic Area or the United Kingdom, you may also contact our appointed Data Protection Officer (DPO) at dpo@togglesmartly.com or by mail at ToggleSmartly Technologies, Suite 402, Clifton Trade Center, Block 8, Karachi, Sindh, Pakistan.

7. Cookies and Tracking Technologies

We use cookies and similar technologies to:

• Maintain your login session
• Remember your preferences
• Analyze Service usage
• Improve user experience

You can control cookies through your browser settings. However, disabling cookies may affect the functionality of the Service.

8. International Data Transfers

Your information may be transferred to and processed in countries other than your country of residence, including the Islamic Republic of Pakistan, where our primary infrastructure and support teams are located. These countries may have data protection laws that differ from those in your country.

By using the Service, you consent to the transfer of your information to these countries. When required, we rely on standard contractual clauses or other legally recognized transfer mechanisms to ensure that appropriate safeguards are in place to protect your information in accordance with this Privacy Policy.

9. Children's Privacy

The Service is not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If you believe we have collected information from a child, please contact us immediately, and we will take steps to delete such information.

10. California Privacy Rights

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA), including:

• The right to know what personal information we collect, use, and disclose
• The right to delete your personal information
• The right to opt out of the sale of personal information (we do not sell personal information)
• The right to non-discrimination for exercising your privacy rights

To exercise these rights, please contact us at privacy@togglesmartly.com.

11. European Privacy Rights (GDPR)

If you are located in the European Economic Area (EEA), you have additional rights under the General Data Protection Regulation (GDPR), including:

• The right to access your personal data
• The right to rectification of inaccurate data
• The right to erasure ("right to be forgotten")
• The right to restrict processing
• The right to data portability
• The right to object to processing
• The right to withdraw consent

To exercise these rights, please contact us at privacy@togglesmartly.com.

12. Data Breach Notification

In the event of a data breach that compromises your personal information, we will:

• Investigate the breach immediately
• Notify affected users as required by applicable law (typically within 72 hours for GDPR, or as otherwise required)
• Provide information about the nature of the breach and steps being taken
• Recommend actions you can take to protect yourself

However, due to our encryption measures, even in the event of a breach, your data remains encrypted and significantly protected.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or Service features. We are committed to transparency and will communicate material changes to you through:

• Email notification to your registered email address at least 30 days before material changes take effect
• Prominent notice on the Service dashboard
• Updated "Last Updated" date on this page

For material changes that significantly impact your rights, we may require you to re-accept the updated Privacy Policy upon your next login. Your continued use of the Service after such changes constitutes your acceptance of the updated Privacy Policy. We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information.

14. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

• Email: privacy@togglesmartly.com
• Website: Contact Us