TERMS OF SERVICE

Last Updated: March 6, 2025

These Terms of Service ("Terms") govern your use of SmartCookie.ai (the "Service"), operated by SmartCookie.ai ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. SERVICE DESCRIPTION

SmartCookie.ai is a platform that allows users to compare different models of artificial intelligence from various providers. The Service includes free and paid features, with paid features requiring credit purchases.

2. ACCOUNT REGISTRATION

2.1. To access certain features of the Service, you must register for an account by providing your name and email address.

2.2. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

2.3. You agree to provide accurate and complete information when creating an account and to update your information to keep it accurate and current.

3. PAYMENT TERMS

3.1. Payment for credits is processed through Stripe, our third-party payment processor. Your payment details are provided directly to Stripe and are not stored by us.

3.2. All purchases are final and non-refundable.

3.3. Credits expire one (1) year from the date of purchase.

3.4. We reserve the right to change our pricing and credit policies at any time.

4. ACCEPTABLE USE

4.1. You agree not to use the Service for any illegal purposes, including but not limited to:

  • Violating any applicable laws or regulations
  • Infringing upon the intellectual property rights of others
  • Generating, submitting, or requesting content that is illegal, harmful, threatening, abusive, harassing, defamatory, or sexually explicit

4.2. We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any breach of the Terms.

5. USER CONTENT

5.1. You retain all rights to the prompts you input and the outputs generated through the Service.

5.2. By using the Service, you grant us a non-exclusive, royalty-free license to use anonymized, aggregated data about your usage patterns (such as frequency of use and token consumption) for analytical purposes.

5.3. We do not monitor or review user inputs or outputs for content compliance. However, the third-party AI providers may have their own content filters that may flag illegal content.

6. INTELLECTUAL PROPERTY

6.1. The Service, including its original content, features, and functionality, is owned by SmartCookie.ai and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7. TERMINATION

7.1. You may terminate your account at any time by sending an email request to us.

7.2. We may terminate or suspend your account immediately, without prior notice or liability, for any breach of the Terms.

7.3. Upon termination, your right to use the Service will immediately cease.

7.4. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. SERVICE AVAILABILITY

8.1. We do not guarantee uninterrupted or error-free service.

8.2. We are not responsible for any disruptions or unavailability caused by third-party AI providers.

9. DISCLAIMER OF WARRANTIES

9.1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2. We make no warranty that the Service will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, complete, legal, or safe.

10. LIMITATION OF LIABILITY

10.1. To the maximum extent permitted by applicable law, in no event shall SmartCookie.ai be liable for any indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Service.

11. INDEMNIFICATION

11.1. You agree to defend, indemnify, and hold harmless SmartCookie.ai and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service.

12. GOVERNING LAW

12.1. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. CHANGES TO TERMS

13.1. We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

13.2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at [email protected].

By using the Service, you acknowledge that you have read and understand these Terms and agree to be bound by them.