By accessing and using Smoothie AI ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
Smoothie AI is an AI-powered visual content generation platform that enables users to create lifestyle product shots, marketing visuals, and campaign-ready images using artificial intelligence technology.
The Service includes:
3.1 Account Creation: To use certain features of the Service, you must register for an account.
You agree to:
3.2 Account Termination: We reserve the right to suspend or terminate your account if:
4.1 Your Content: You retain all rights to the original images and content you upload to the Service ("User Content"). By uploading content, you grant Smoothie AI a limited, non-exclusive, worldwide license to use, process, and modify your content solely for the purpose of providing the Service.
4.2 Generated Content: Content created using our AI technology ("Generated Content") is owned by you, subject to our underlying technology rights. You may use Generated Content for any lawful commercial or personal purpose.
4.3 Restrictions: You agree not to upload or generate content that:
5.1 Subscription Plans: We offer various subscription tiers, as per our pricing page.
5.2 Payment Terms- All subscriptions are billed in advance on a monthly or annual basis- Prices are subject to change with 30 days notice- No refunds are provided for partial months or years- You are responsible for all applicable taxes
5.3 Free Trial: New users may be eligible for a free trial period. You will be notified before any charges are applied to your payment method.
6.1 Our Technology: The Service, including its AI models, algorithms, user interface, and documentation, is protected by copyright, trademark, and other intellectual property laws. You may not:
6.2 Feedback: Any feedback, suggestions, or ideas you provide about the Service may be used by Smoothie AI without obligation to you.
7.1 Data Collection: Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
7.2 Data Security: We implement industry-standard security measures to protect your data. However, no method of transmission over the Internet is 100% secure.
8.1 Service Uptime: While we strive for 99.9% uptime, we do not guarantee uninterrupted access to the Service. We may experience downtime for:
8.2 Service Changes: We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.
9.1 Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
9.2 Limitation of Damages: IN NO EVENT SHALL SMOOTHIE AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR GOODWILL.
9.3 Maximum Liability: OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify and hold Smoothie AI harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:- Your use of the Service- Your User Content- Your violation of these Terms- Your violation of any third-party rights
The Service may integrate with third-party services (e.g., Stripe for payments, cloud storage providers). Your use of these services is subject to their respective terms and privacy policies.
12.1 Governing Law: These Terms shall be governed by the laws of the United States and the State of California, without regard to conflict of law principles.
12.2 Arbitration: Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
12.3 Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions.
13.1 Entire Agreement: These Terms constitute the entire agreement between you and Smoothie AI regarding the Service.
13.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
13.3 No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
13.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
For questions about these Terms of Service, please contact us at:
Smoothie AI
Email: support@getsmoothie.ai
Website: https://getsmoothie.ai
We reserve the right to update these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
If you have any questions about this document, please contact us at legal@smoothie.ai