Effective Date: January 02, 2025

Welcome to Smear Inc (“we,” “us,” or “our”). By accessing or using our services, including any AI-powered agents (the “Service”) provided through our platform, you agree to comply with and be bound by these Terms of Service (the “Terms”). If you do not agree with these Terms, do not use our services.

1. Overview

Smear Inc., provides artificial intelligence-powered services, including but not limited to AI agents, software tools, and solutions that can interact with users, automate tasks, and support various business functions.

2. Eligibility

To use our Services, you must:

  • Be at least 18 years old, or the legal age of majority in your jurisdiction.
  • Have the legal authority to enter into a binding contract.

By using our services, you represent and warrant that you meet these eligibility requirements.

3. Account Creation and Security

To access certain features of the Service, you may need to create an account. You agree to:

  • Provide accurate and up-to-date information during the account creation process.
  • Maintain the confidentiality of your login credentials and account information.
  • Notify us immediately if you suspect any unauthorized access to your account.

You are responsible for all activities that occur under your account.

4. Service Usage

  • License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal or business purposes.
  • Restrictions: You may not:
    • Use the Service for illegal, harmful, or unauthorized purposes.
    • Reverse engineer, decompile, or disassemble the AI system or software.
    • Impersonate any person or entity or misrepresent your affiliation with others.
    • Use the Service in a manner that interferes with or disrupts our systems or networks.

5. AI Agents and Content

  • Nature of AI Agents: Our AI agents provide automated assistance and responses based on programmed logic and algorithms. The AI may generate suggestions, answers, or responses based on the data and inputs it processes but does not guarantee accuracy, completeness, or appropriateness.
  • Responsibility for Content: You are solely responsible for any data, content, or interactions with our AI agents. We do not assume liability for the actions, recommendations, or advice provided by the AI agents.
  • Data Usage: By using the AI agents, you may provide certain data or content. Please review our Privacy Policy to understand how we collect, use, and protect your information.

6. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and share your personal data. By using the Service, you consent to the collection and processing of your data in accordance with the Privacy Policy.

7. Payment and Fees

If applicable, you agree to pay all fees associated with the Service as specified in your chosen plan or subscription. Payments will be billed according to the terms set forth during the account registration process. You authorize us to charge your payment method for the amount due.

  • Refunds: Payments are non-refundable, except as required by law or as specified in the service agreement.

8. Service Availability

We strive to ensure that the Service is available and functional at all times. However, we do not guarantee that the Service will be uninterrupted, error-free, or free of defects. We reserve the right to suspend or terminate the Service, or any part of it, at any time for maintenance, upgrades, or other reasons.

9. Termination

We may suspend or terminate your access to the Service at any time, without notice, if we determine that you have violated these Terms. You may terminate your account at any time by contacting us or following the termination process in your account settings.

Upon termination, your right to use the Service will immediately cease. Any fees owed up until the termination date remain payable.

10. Disclaimers and Limitations of Liability

  • No Warranties: The Service is provided “as is,” and we make no representations or warranties of any kind, whether express or implied, regarding the accuracy, reliability, or completeness of the Service or its results.
  • Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to your use of the Service.

11. Indemnity

You agree to indemnify, defend, and hold harmless Smear Inc., its employees, officers, directors, and agents from any claims, damages, losses, liabilities, and expenses arising out of your use of the Service, violation of these Terms, or infringement of any rights of third parties.

12. Changes to These Terms

We reserve the right to modify or update these Terms at any time. Any changes will be posted on this page with an updated effective date. By continuing to use the Service after the changes take effect, you agree to the revised Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States of America, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms will be resolved through Arbitration/Mediation in the State of California, United States of America.

14. Miscellaneous

  • Entire Agreement: These Terms, along with our Privacy Policy and any additional terms or agreements that apply to specific features or services, constitute the entire agreement between you and [Your Company Name] regarding the use of the Service.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to do so.

15. Contact Information

If you have any questions or concerns about these Terms, please contact us at legal@smear.io