Terms & Conditions
Effective Date: [Insert Effective Date]
These Terms & Conditions (“Terms”) govern your access to and use of SmartBuzz AI, including all related websites, applications, tools, products, and services made available at https://smartbuzzai.com(“SmartBuzz AI,” “we,” “us,” or “our”). By accessing or using SmartBuzz AI, you (“you,” “User,” or “Customer”) agree to be bound by these Terms. If you do not agree, do not use SmartBuzz AI.
1. Acceptance of Terms
By accessing or using SmartBuzz AI, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using SmartBuzz AI on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. User Eligibility
You may use SmartBuzz AI only if:
You are at least 18 years old or the age of legal majority in your jurisdiction.
You have full legal capacity to enter into a binding contract.
Your use is compliant with all applicable laws and regulations.
You are not barred from receiving services under the laws of the United States or your place of residence.
3. Accounts and Security
You are responsible for maintaining the confidentiality of your account credentials.
You agree to notify us immediately of any unauthorized use of your account.
SmartBuzz AI is not liable for any loss or damage arising from unauthorized access to your account.
4. Permitted Use
Users may:
Access and use SmartBuzz AI for lawful business or personal purposes.
Create, upload, or input content for processing by SmartBuzz AI.
Use outputs generated by SmartBuzz AI subject to applicable intellectual property provisions.
5. Prohibited Conduct
You agree not to:
Use SmartBuzz AI in violation of any law or regulation.
Upload or distribute unlawful, harmful, defamatory, obscene, or infringing content.
Attempt to reverse-engineer, decompile, copy, or modify any component of SmartBuzz AI.
Interfere with system integrity, security, or performance.
Use SmartBuzz AI to train or enhance competing AI models or datasets.
Circumvent access restrictions, rate limits, or authentication mechanisms.
Misrepresent SmartBuzz AI outputs as professional, legal, financial, or medical advice.
6. Intellectual Property Rights
SmartBuzz AI Property
All technology, models, software, tools, text, visuals, trademarks, logos, and other materials provided by SmartBuzz AI (collectively “SmartBuzz AI Materials”) are owned by us or our licensors. You are granted a limited, revocable, non-exclusive, non-transferable license to use SmartBuzz AI solely in accordance with these Terms.
You may not reproduce, distribute, or create derivative works from SmartBuzz AI Materials except as expressly permitted.
Generated Outputs
Subject to these Terms and applicable law, you may use outputs generated by SmartBuzz AI (“Output”) for any lawful purpose. SmartBuzz AI makes no warranty that Outputs will be unique, accurate, or non-infringing.
7. User Content License
You retain ownership of all content, prompts, data, text, media, and materials you submit to SmartBuzz AI (“User Content”).
By submitting User Content, you grant SmartBuzz AI a worldwide, royalty-free, sublicensable, transferable license to:
Use, reproduce, process, modify, and store User Content for the purpose of providing, maintaining, securing, and improving SmartBuzz AI services.
SmartBuzz AI does not sell, commercialize, or claim ownership of User Content.
8. Disclaimers
SmartBuzz AI is provided “as is” and “as available.”
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including:
Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, reliability, or availability of AI-generated content
SmartBuzz AI may be unavailable or interrupted at any time for maintenance, updates, or reasons beyond our control.
SmartBuzz AI does not provide legal, financial, medical, or professional advice.
9. Limitation of Liability
To the maximum extent permitted by law:
SmartBuzz AI shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising from or related to your use of the service.
Our total cumulative liability for all claims shall not exceed the greater of:
(a) the amounts you have paid to SmartBuzz AI in the preceding three months, or
(b) fifty U.S. dollars (USD $50).
Some jurisdictions do not allow certain limitations, so portions of this section may not apply.
10. Indemnification
You agree to indemnify, defend, and hold harmless SmartBuzz AI, its affiliates, officers, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of:
Your use of SmartBuzz AI
Violation of these Terms
Infringement of any third-party rights
User Content submitted through your account
11. Account Termination
SmartBuzz AI may suspend or terminate your account at any time if:
You violate these Terms
You engage in prohibited conduct
Your use poses security or legal risk
Required to comply with law or order
Upon termination, your right to use SmartBuzz AI ceases immediately. Certain sections of these Terms survive termination, including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.
12. Modifications to the Service or Terms
SmartBuzz AI may:
Update these Terms
Modify or discontinue features
Change pricing or usage limits
We will notify users of material changes by posting an updated version of these Terms. Continued use of SmartBuzz AI after changes take effect constitutes acceptance of the revised Terms.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Louisiana, without regard to conflict-of-law principles.
14. Dispute Resolution
Informal Resolution
Before initiating formal proceedings, you agree to attempt good-faith resolution by contacting us at sebastian@smartbuzzai.com.
Binding Arbitration
If disputes cannot be resolved informally, they shall be settled by binding arbitration under the rules of the American Arbitration Association. Arbitration will take place in Ascension Parish, Louisiana, unless otherwise mutually agreed.
You waive any right to participate in class actions or collective proceedings.
15. Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. Invalid provisions will be replaced with enforceable terms that most closely reflect the original intent.
16. Entire Agreement
These Terms constitute the entire agreement between you and SmartBuzz AI regarding the use of the service and supersede all prior agreements or understandings.
17. Contact Information
For questions or concerns regarding these Terms, contact:
SmartBuzz AI
Email: sebastian@smartbuzzai.com
Address: 711 East Ascension St, S251, Gonzales, LA 70737
If you want, I can also produce a Privacy Policy, Refund Policy, SLA, or Data Processing Addendum that matches this ToS structure.
