SmartBuyers AI

Terms of Service

Effective: March 19, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you and SmartBuyers AI, Inc. ("SmartBuyers AI," "we," or "us"). These Terms govern your access to and use of our website located at https://smartbuyers.ai (the "Website"), as well as our products and services offered through the Website, including web interfaces, application programming interfaces ("APIs"), tools, software, documentation, content, and intellectual property (collectively, our "Services").

By accessing or using our Services, you agree to be bound by these Terms and acknowledge that you have read and understand any referenced policies, including our Privacy Policy and Acceptable Use Policy. If you do not agree with these Terms, you must discontinue use of our Services immediately.

If you are accepting these Terms on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms.

1. Changes to Terms

We may update these Terms from time to time at our sole discretion. Any changes will be effective 7 days after posting on the Website unless immediate updates are required by law. If you continue to use the Services after the changes take effect, it means you accept the updated Terms. If you do not accept them, you must discontinue use of the Services before the effective date.

2. Accessing the Services and Account Security

To access certain features of the Services, you may be required to register for an account ("Account") and provide accurate, current, and complete information. You agree to update your information as necessary to keep it accurate and complete.

You are responsible for maintaining the security of your account credentials, including any passwords, API keys, or other authentication details. You must not share your credentials with any third party or allow unauthorized access to your account. You are responsible for all activity that occurs under your account. If you suspect unauthorized access, notify us immediately at [email protected].

We reserve the right to disable any username, password, or other identifier at our sole discretion if we believe you have violated these Terms. We may suspend or terminate your access to the Services with prior notice, except where immediate action is necessary for security or legal compliance. If your account is terminated, we will provide at least 7 days’ notice to allow you to retrieve your data, unless immediate termination is required by law or security concerns.

You may close your account at any time by contacting us at [email protected]. Closing your account does not relieve you of any obligations or liabilities incurred prior to termination.

3. Evaluation

We may provide limited, non-commercial access to our Services for evaluation purposes. We reserve the right to modify or revoke evaluation access at any time.

4. Use Rights, Requirements, and Restrictions

Please review our Acceptable Use Policy, which outlines the permissible uses of our Services. You may access and use our Services only in compliance with our Terms, our Acceptable Use Policy, and all applicable laws, rules, and regulations (the "Permitted Use"). The Acceptable Use Policy is incorporated into these Terms by reference and governs prohibited conduct when using our Services. Any violation of the Acceptable Use Policy will be considered a material breach of these Terms and may result in account suspension or termination.

You may not access or use the Services in the following ways:

  • In any manner that violates any applicable law—including, without limitation, any laws about exporting data or software to and from the United States or other countries.
  • To develop any products or services that supplant or compete with our Services, including to develop or train any artificial intelligence or machine learning algorithms or models.
  • To decompile, reverse engineer, disassemble, or otherwise reduce our Services to human-readable form, except when these restrictions are prohibited by applicable law.
  • To crawl, scrape, or otherwise harvest data or information from our Services or use any robot, spider, or other automatic device, process, or means to access the Services.
  • To use our Services or Materials to obtain unauthorized access to any system or information or to deceive any person or to copy any of the material on the Website for any purpose not expressly authorized in these Terms, without our prior written consent.
  • To infringe, misappropriate, or violate intellectual property or other legal rights (including the rights of publicity or privacy).
  • Except with respect to use of our APIs, to use the Services through automated or non-human means, whether through a bot, script, or otherwise.
  • To engage in any other conduct that restricts or inhibits any person from using or enjoying our Services, or that in our sole judgment exposes us—or any of our users, affiliates, or any other third party—to any liability, damages, or detriment of any type, including reputational harms.
  • To assist any person in doing any of the above.

5. Intellectual Property Rights

Ownership of the Services

The Services are owned and operated by SmartBuyers AI and its affiliates, licensors, and service providers (collectively, "Providers"). We and our Providers retain all rights, title, and interest, including intellectual property rights, in and to the Services. Except for the rights of access and use expressly granted in these Terms, you do not acquire any right, title, or interest in or to our Services.

Ownership of Trademarks

The name SmartBuyers AI, our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of SmartBuyers AI or its affiliates or licensors. You may not use such marks without the prior written permission of SmartBuyers AI. All other names, logos, product and service names, designs, and slogans on the Website are trademarks of their respective owners.

Intellectual Property Ownership

The Services and their entire contents, features, and functionality—including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof—are owned by SmartBuyers AI, its licensors, or other providers and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide applications for download, you may download a single copy to your device for your personal, non-commercial use, provided you agree to be bound by any applicable end user license agreement.
  • If we provide social media features with certain content, you may take such actions as are enabled by those features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video, or audio separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the site.

If you wish to make any use of material beyond what is expressly permitted in these Terms, please contact [email protected] for written permission.

Unauthorized use of the Services will result in immediate termination of your access rights, and we may pursue further legal action as necessary.

6. Prompts, Outputs, and Materials

6.1 Rights to Materials

Our Services may allow you to submit text, documents, or other materials for processing ("Prompts"). The Services may generate responses based on your Prompts ("Outputs"). Together, Prompts and Outputs are referred to as "Materials."

By submitting a Prompt, you represent and warrant that you have all necessary rights, notices, and consents required for us to process your Prompt in accordance with these Terms. You further represent that your submission does not violate any applicable laws, including intellectual property or data protection laws. You assume full responsibility for your Prompts and the resulting Outputs, including their legality, accuracy, and appropriateness.

Except as expressly provided in these Terms, SmartBuyers AI retains all rights, title, and interest—including intellectual property rights—in and to the Materials. You hereby assign or grant us any and all rights necessary for us to process and use your Prompts. Subject to this Section 6 and Section 12, we authorize you to use the Outputs for your Permitted Use.

All Prompts you submit are considered non-confidential and non-proprietary. SmartBuyers AI is not responsible or liable to any third party for the content or accuracy of any Materials.

6.2 Personal Information

If you submit personal information as part of a Prompt or otherwise in connection with your use of the Services, you acknowledge that our Privacy Policy governs our collection, use, and processing of such information.

6.3 Nature of Outputs

The Services generate Outputs based on materials submitted by third parties. These Outputs may be identical or similar to other third-party materials. You acknowledge that such Outputs are not exclusive to you and that you have no ownership rights over Outputs generated from third-party Prompts.

6.4 Reliance on Outputs

Outputs are provided for general informational purposes only. SmartBuyers AI makes no representations or warranties regarding the accuracy, completeness, or reliability of any Output. Any reliance you place on Outputs is at your own risk.

You should independently verify any Outputs before relying on them, as they may contain inaccuracies or outdated information. Statements, opinions, or other content in Outputs do not necessarily reflect the views of SmartBuyers AI.

6.5 Our Use of Materials

SmartBuyers AI may use Materials to provide, maintain, and improve the Services, as well as to develop new products and services. We retain the right to train our machine learning models on any Materials provided in a Prompt.

7. Security and Protection Against Viruses

We do not guarantee that our Services will be completely secure or free from bugs, viruses, or other harmful components. You are responsible for implementing appropriate safeguards, such as antivirus protection, to secure your devices and systems when accessing our Services.

You must not abuse, harm, interfere with, or disrupt our Website or Services, including but not limited to:

  • Introducing viruses, malware, or any other harmful software or code.
  • Engaging in spam activities, denial-of-service (DDoS) attacks, or other malicious activities intended to disrupt our Services.
  • Attempting to gain unauthorized access to our systems, servers, or networks.
  • Bypassing or attempting to bypass any security or authentication measures implemented by SmartBuyers AI.

Violations of this section may result in immediate termination of your access to the Services, legal action, and reporting to the appropriate authorities.

8. Modification, Suspension, and Discontinuation of Services

Our Services are continuously evolving. We reserve the right to modify, suspend, withdraw, or discontinue any aspect of the Services, including your access to them, at any time and at our sole discretion. Unless otherwise stated in a separate agreement, we are not obligated to provide prior notice before making such changes. To the maximum extent permitted by law, we will not be liable for any modification, suspension, or discontinuation of the Services or your access to them.

9. Third-Party Services and Links

Our Services may include or be integrated with third-party content, services, or applications. We do not control or endorse these third-party services and are not responsible for any loss or damage that may arise from your use of them. Your interactions with third-party services are solely between you and the provider of those services. You acknowledge that your use of third-party services is at your own risk and subject to their respective terms, conditions, and privacy policies.

10. Feedback

By providing feedback, ideas, or suggestions regarding our Services ("Feedback"), you grant SmartBuyers AI and its affiliates a perpetual, irrevocable, worldwide, royalty-free license to use, modify, distribute, and incorporate the Feedback into our Services without any obligation to compensate you. This includes any related Prompts, Outputs, or derivative works based on the Feedback. We may use the Feedback for service improvements, product development, and marketing purposes without requiring further approval from you.

11. Disclaimer of Warranties, Limitations of Liability, and Indemnity

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES AND MATERIALS IS SOLELY AT YOUR OWN RISK. THE SERVICES AND OUTPUTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMARTBUYERS AI AND ITS PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE FREE FROM BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS THAT MAY AFFECT YOUR DEVICES OR DATA.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMARTBUYERS AI, ITS PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "SMARTBUYERS AI PARTIES") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, THE MATERIALS, OR THESE TERMS. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE SMARTBUYERS AI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE DAMAGES WERE FORESEEABLE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SMARTBUYERS AI’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, THE MATERIALS, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED $1.00. THESE LIMITATIONS ARE FUNDAMENTAL TO THESE TERMS, AND WE WOULD NOT PROVIDE THE SERVICES WITHOUT THEM.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SMARTBUYERS AI FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR RELATED TO:

  • YOUR BREACH OR ALLEGED BREACH OF THESE TERMS.
  • YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICES OR THE MATERIALS.
  • YOUR FEEDBACK.
  • ANY PRODUCTS OR SERVICES THAT YOU DEVELOP, OFFER, OR OTHERWISE MAKE AVAILABLE USING OR IN CONNECTION WITH THE SERVICES.
  • YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHTS.
  • ANY ACTUAL OR ALLEGED FRAUD, INTENTIONAL MISCONDUCT, GROSS NEGLIGENCE, OR CRIMINAL ACTS COMMITTED BY YOU OR YOUR EMPLOYEES OR AGENTS.

WE RESERVE THE RIGHT TO ENGAGE SEPARATE LEGAL COUNSEL AND PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH CASE YOU AGREE TO COOPERATE WITH US AND SUCH SEPARATE COUNSEL AS REASONABLY REQUESTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. IN SUCH CASES, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Termination

Unless otherwise stated in a separate agreement, we may terminate these Terms and your access to the Services at any time by providing notice to you. Additionally, these Terms will automatically terminate without notice if you violate or breach any provision of these Terms. We may suspend or terminate your access to the Services if we determine, in our sole discretion, that you have violated these Terms, including our Acceptable Use Policy.

You may also terminate these Terms at any time by discontinuing your access to and use of the Services.

Upon termination:

  • The rights granted to you under these Terms to access and use the Services will immediately terminate.
  • You must destroy all Confidential Information in your or your Representatives’ possession or control.
  • We may, at our sole discretion, delete any Materials or other data associated with your account.

The following sections will survive termination or expiration of these Terms: Sections 5, 6, and 10 through 13.

13. Miscellaneous

Additional Terms

When using our Services, you agree to comply with and be subject to any guidelines, rules, or supplemental terms applicable to specific Services. If any supplemental terms expressly conflict with these Terms, the supplemental terms will control, but only concerning your use of the affected Services.

Geographic Restrictions

The Website and Services are operated from the United States. We provide the Services only to persons located in the United States and make no representations that they are accessible or appropriate outside of the U.S. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Entire Agreement; No Assignment

These Terms, along with any expressly incorporated terms or policies, constitute the entire agreement between you and SmartBuyers AI regarding the Services. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

Equitable Relief

You acknowledge that if you violate Section 4 (Use Rights, Requirements, and Restrictions), SmartBuyers AI may suffer irreparable harm for which monetary damages would be inadequate. Accordingly, we may seek injunctive or other equitable relief without the need to prove actual damages or post a bond.

No Joint Venture, Partnership, Employment, or Agency Relationship

These Terms do not create any joint venture, partnership, employment, or agency relationship between you and SmartBuyers AI.

No Sponsorship or Endorsement

You may not use our name, logo, or other trademarks to promote products or services other than the Services without our prior written consent. You also may not imply any affiliation, endorsement, or sponsorship by SmartBuyers AI.

Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court or legal authority, the provision will be modified or limited to the extent necessary to comply with applicable law while preserving the intent of the remaining provisions.

No Waiver

Failure by SmartBuyers AI to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

Legal Compliance

We may comply with governmental, court, and law enforcement requests regarding the use of the Services. We also reserve the right to report Prompts or Outputs to law enforcement if required by law or if we determine it is necessary for compliance or security purposes.

Governing Law; Exclusive Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising under or relating to these Terms shall be resolved exclusively in the state or federal courts located in Delaware, and both you and SmartBuyers AI consent to the personal and exclusive jurisdiction of those courts. By using the Services, you waive any claims that may arise under the laws of other jurisdictions.