Terms of Service

You must be at least 16 years old to use our Services. By accessing or registering, you affirm that:

• You're eligible under applicable law
• All registration information you submit is accurate and up-to-date
• You will not share login credentials and will safeguard your account

If you're using the Services on behalf of a business or organization, you confirm that you have the authority to bind that entity to these Terms.

You agree to:

• Use the Services only for lawful purposes
• Not engage in activity that may harm SmartMode AI, its infrastructure, or other users
• Not attempt unauthorized access or misuse of the system

Prohibited activities include but are not limited to:

• Violating intellectual property rights
• Transmitting spam or fraudulent messages
• Attempting to reverse-engineer or bypass platform security
• Using bots or automated scripts to interfere with service integrity

By signing up, you agree that we may send you communications regarding your account, onboarding, and promotions via email, SMS, or in-app messaging. You may opt out at any time, but essential service communications may still be sent.

You are solely responsible for your own compliance with messaging laws, including CAN-SPAM and TCPA, when using SmartMode AI Agents for outreach.

Anything you post, upload, or share via our Services is your "User Submission." You grant SmartMode AI a worldwide, royalty-free license to use, modify, reproduce, and distribute your content solely for the purpose of delivering and improving our Services.

We will never sell your data. See our Privacy Policy for full details on how we handle information.

SmartMode AI owns the Services and all associated intellectual property, excluding your data and User Submissions. You are granted a limited, non-transferable, non-sublicensable license to use the platform solely for your business purposes.

You may not:

• Reproduce, redistribute, or resell SmartMode AI content
• Modify or create derivative works from platform materials
• Use SmartMode AI trademarks or branding without permission

Some Services are paid. All fees are disclosed in advance and billed via a third-party processor (e.g., OpenAI). By subscribing, you authorize recurring billing where applicable. You may cancel anytime, but SmartMode AI does not offer prorated refunds.

We reserve the right to suspend or terminate your access if:

• You violate these Terms
• You misuse the Services
• You fail to make payment

Termination will not affect any accrued rights or liabilities. Upon termination, we may delete your content and deactivate your account.

The Services are provided "as is." We do not guarantee uninterrupted availability or that SmartMode Agents will perform flawlessly in every use case. Your results may vary depending on how Agents are configured and used.

We disclaim all warranties, express or implied, including fitness for a particular purpose.

To the maximum extent permitted by law, SmartMode AI shall not be liable for:

• Indirect or consequential damages
• Lost profits or business interruptions
• More than the amount paid by you to SmartMode AI in the 12 months preceding any claim

You agree to indemnify and hold harmless SmartMode AI, its officers, and employees from any claims, liabilities, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Any content or data submitted through your account

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Arbitration Clause:

All disputes will be resolved by binding arbitration in Harris County, Texas, under JAMS (Judicial Arbitration and Mediation Services) rules. You waive your right to a jury trial and class action suit.

You may opt out of arbitration by sending written notice to support@smartmode.ai within 30 days of first agreeing to these Terms.

We may update these Terms as our platform evolves. When changes are made, we will notify you via email or in-app notices. Continued use of the Services after changes go into effect signifies your acceptance.

Questions, disputes, or legal inquiries?