Terms of Service

You must be at least 18 years old and capable of forming a binding contract to use the Service.

If you use the Service on behalf of a company, agency, client, brand, or other organization, you represent that you have authority to accept these Terms on its behalf and to access, connect, process, create, publish, or manage any data, accounts, content, or materials you provide or authorize through the Service.

You are responsible for maintaining the confidentiality and security of your account credentials, API keys, connected-account permissions, and access tokens, and for all activity occurring through your account. You must promptly notify us of any unauthorized access to or use of your account.

Subject to these Terms and your applicable plan, we grant you a limited, non-exclusive, non-transferable right to access and use the Service for any lawful personal, professional, commercial, or client-service purpose. If you use the Service on behalf of another person, company, brand, client, or organization, or connect third-party accounts, data sources, or API keys, you represent that you have authority to do so and remain responsible for your use of the Service and actions taken through your account. You may not resell, sublicense, white-label, or provide access to the Service as a standalone product unless we expressly authorize it in writing.

Features, models, integrations, usage limits, and availability may change. We may modify, update, suspend, or discontinue features from time to time. Where reasonably practicable, we will provide notice of material changes that materially reduce core paid functionality during an active subscription term. Beta, preview, experimental, or third-party-dependent features may be changed or discontinued at any time.

Some features require a paid subscription. Prices, included features, usage limits, billing frequency, and any applicable trial or promotional terms will be shown before purchase.

Unless otherwise stated at purchase, paid subscriptions automatically renew for successive billing periods of the same length at the then-applicable subscription price until canceled. By purchasing a recurring subscription, you authorize us and our payment processor to charge your payment method for the initial subscription period and each renewal period unless you cancel before the renewal charge is processed.

If we offer a free or discounted trial that converts into a paid subscription, we will disclose the trial duration, the price and billing frequency that will apply after the trial, and how to cancel before you enroll.

You may cancel through the cancellation method made available in your account settings or customer billing portal, or through another method described at purchase. Cancellation prevents future renewal charges but does not ordinarily provide a refund or credit for amounts already paid or for the remainder of a billing period, except as required by law or expressly stated in writing.

Fees are non-refundable except as required by law or expressly stated in writing. You are responsible for applicable taxes, excluding taxes based on our net income.

We may change subscription pricing or material billing terms upon advance notice as required by applicable law. Price changes will apply no earlier than your next renewal period after the effective date stated in the notice, unless you affirmatively agree otherwise.

You retain all rights you hold in content, data, files, prompts, instructions, brand assets, campaign materials, account information, and other materials that you submit to or authorize the Service to access (“Customer Content”).

You grant us a non-exclusive, worldwide, limited license to host, reproduce, transmit, display, process, and otherwise use Customer Content as reasonably necessary to provide, maintain, secure, support, and improve the operation and reliability of the Service, comply with law, and enforce these Terms.

You represent and warrant that you have all rights, permissions, consents, and authorizations necessary for us to process Customer Content as contemplated by these Terms, including where Customer Content relates to a client, connected account, third-party platform, or another individual or business.

Unless you expressly opt in or separately agree with us in writing, we will not use Customer Content to train our own general-purpose artificial intelligence models. The Service may allow you to select among third-party artificial intelligence model providers or connect your own provider account or API key. Third-party providers may process Customer Content in accordance with their applicable terms, privacy policies, service tier, account configuration, and data-control settings. You are responsible for reviewing the terms and settings applicable to any provider account or API key you choose to connect. We may use aggregated or de-identified usage and performance information that does not reasonably identify you, your clients, or any individual to analyze, secure, support, and improve the Service.

The Service may generate text, images, recommendations, workflows, strategies, analyses, campaign materials, social media content, advertising concepts, or other outputs using artificial intelligence or automated systems (“Outputs”).

Outputs may be inaccurate, incomplete, misleading, non-unique, unsuitable for your intended purpose, inconsistent with applicable platform policies, or subject to intellectual property, privacy, publicity, advertising, or other third-party rights. We do not represent or warrant that Outputs are accurate, legally compliant, protectable by intellectual property rights, non-infringing, unique, approved by any third-party platform, or capable of producing any particular business, marketing, revenue, or performance result.

You are responsible for reviewing, editing, substantiating, approving, and determining the legality and suitability of Outputs before using, publishing, distributing, relying upon, or deploying them. You are responsible for complying with applicable advertising, endorsement, consumer-protection, intellectual-property, privacy, and platform-policy requirements.

As between you and Smart AI Team, and to the extent permitted by applicable law and our third-party provider obligations, we do not claim ownership of Outputs generated for you through the Service. Outputs may be similar or identical to outputs generated for other users.

The Service may allow you to connect, access, interact with, or take actions through third-party products, platforms, accounts, APIs, applications, or services (“Third-Party Services”).

You represent that you have all permissions and authority necessary to connect any Third-Party Service and to access, use, modify, publish, transmit, or otherwise act upon associated accounts, content, data, campaigns, audiences, or materials.

Where you enable automated, scheduled, agent-assisted, or integration-based actions, you authorize the Service to initiate those actions according to your configuration and instructions. You remain responsible for reviewing configurations, monitoring actions taken through your account, maintaining appropriate approvals and backups, and complying with applicable law and third-party platform requirements.

We are not responsible for the availability, conduct, changes, restrictions, suspensions, errors, policies, or decisions of Third-Party Services, including account restrictions, content removal, advertising rejection, API limitations, campaign performance, or charges imposed by a third party.

You may not use the Service to:

• violate any law, regulation, third-party right, or applicable platform policy;
• access, connect, control, publish to, or take actions within any third-party account without authorization;
• create, publish, distribute, or facilitate deceptive, misleading, unsubstantiated, or unlawful advertisements, testimonials, endorsements, reviews, earnings claims, performance claims, or refund representations;
• impersonate any person, brand, organization, or public figure, or create deceptive synthetic media;
• send spam, unauthorized commercial communications, or unlawful automated messages;
• generate or distribute unlawful, fraudulent, infringing, privacy-invasive, or harmful content;
• upload, process, or use sensitive personal information in violation of applicable law or without required authorization;
• introduce malware, interfere with the Service, bypass security controls, or attempt unauthorized access;
• scrape, reverse engineer, or use the Service to build a competing product except to the extent restrictions are prohibited by law; or
• resell, sublicense, white-label, or provide access to the Service as a standalone offering unless we authorize it in writing.

The Service may rely on third-party providers for hosting, artificial intelligence functionality, authentication, payments, communications, analytics, security, and integrations. The Service may allow you to select a third-party artificial intelligence provider or connect your own provider account or API key. Third-party services are governed by their own terms and policies, and your use of a Third-Party Service or user-supplied API key may also be subject to your separate agreement and configuration with that provider.

Each party may receive non-public information that is identified as confidential or that reasonably should be understood to be confidential (“Confidential Information”). The receiving party will use reasonable care to protect Confidential Information and will use it only to perform or receive the Service or as otherwise permitted under these Terms.

Confidential Information does not include information that is or becomes public without breach, was already lawfully known, is independently developed without use of the other party's Confidential Information, or is lawfully received from a third party without confidentiality restriction. A party may disclose Confidential Information when required by law, provided it gives notice where legally permitted.

Our processing of personal information is described in our Privacy Policy.

We and our licensors retain all right, title, and interest in the Service, including software, branding, designs, documentation, and technology. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

If you provide feedback or suggestions, you grant us the right to use them without restriction or compensation to you.

We may make beta, preview, early-access, or experimental features available. These features may contain errors, change materially, or be discontinued without notice. Unless expressly stated otherwise in writing, they are provided without warranties, service-level commitments, or guarantees of continued availability.

We may suspend or terminate access to the Service if you materially breach these Terms, create a security or legal risk, fail to pay amounts due, or if required by law or a third-party platform.

You may stop using the Service at any time. Canceling a paid subscription is governed by Section 3 and must be completed using an available cancellation method to prevent future renewal charges.

Upon termination or expiration, your right to use the Service ends. Provisions that by their nature should survive, including payment obligations, confidentiality, ownership, disclaimers, limitations of liability, indemnification, and dispute terms, will survive.

THE SERVICE, SOFTWARE, OUTPUTS, AUTOMATIONS, AND INTEGRATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE OR ANY OUTPUTS, AUTOMATIONS, RECOMMENDATIONS, INTEGRATIONS, OR CAMPAIGN MATERIALS WILL PRODUCE ANY PARTICULAR BUSINESS RESULT, REVENUE, AUDIENCE GROWTH, LEAD VOLUME, ADVERTISING PERFORMANCE, PLATFORM APPROVAL, ACCOUNT STATUS, OR RETURN ON INVESTMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE.

WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ADVERTISING SPEND, CAMPAIGN COSTS, PLATFORM FEES, THIRD-PARTY CHARGES, CONTENT REMOVAL, ACCOUNT SUSPENSION, PLATFORM ENFORCEMENT ACTIONS, MISSED PUBLICATIONS, OR DECISIONS MADE BY THIRD-PARTY SERVICES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, OUTPUTS, INTEGRATIONS, OR AUTOMATED ACTIONS.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

You will defend, indemnify, and hold harmless Smart AI Team LLC and its officers, directors, employees, contractors, affiliates, licensors, and service providers from and against third-party claims, demands, proceedings, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys' fees arising out of or relating to:

• Customer Content or other materials, data, instructions, or accounts you provide or authorize the Service to access;
• your use, modification, publication, distribution, deployment, or reliance upon Outputs;
• your advertisements, endorsements, testimonials, campaigns, communications, or marketing activities created, managed, or assisted through the Service;
• your use of Third-Party Services, connected accounts, integrations, or automated actions;
• your violation of these Terms, applicable law, third-party rights, or platform policies; or
• any allegation that you lacked authority, consent, permission, or rights required for your use of the Service.

We will provide reasonable notice of an indemnified claim and reasonable cooperation at your expense. You may control the defense and settlement of the claim, except that you may not settle a claim in a manner that admits fault by us or imposes obligations on us without our prior written consent. Your indemnification obligations do not apply to the extent a claim results from our breach of these Terms or our unlawful conduct.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to any rights you may have under applicable consumer-protection law, the appropriate state or federal courts located in Florida will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue in those courts.

We may update these Terms by posting an updated version and revising the “Last updated” date. If a change is material, we will provide reasonable notice, such as by email or in-product notice. Continued use of the Service after the effective date of updated Terms constitutes acceptance of those updated Terms.

If we materially expand our rights to use Customer Content for artificial intelligence model training or materially different product-development purposes, we will provide prominent notice and obtain any additional consent required by applicable law before applying the expanded use to Customer Content collected under prior terms.

If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

These Terms, together with any applicable order, plan terms, Privacy Policy, Cookie Policy, and End User License Agreement, form the entire agreement between you and us regarding the Service.

For questions about these Terms, contact us at support@smartaiteam.com.

Use of downloadable, local, embedded, or client software components is also subject to our End User License Agreement, which supplements these Terms where applicable.