Effective Date: September 1, 2025
These are the Terms of Use (the "Terms") for the SmartGenix AI LLC ("SmartGenix AI") applications, including but not limited to Epic Characters AI and Epic Stories AI ("Applications") and all user manuals, technical manuals, and any other materials provided by SmartGenix AI, in printed, electronic, or other form, that describe the Services or its use or specifications (collectively, our "Services").
By using our Services, you acknowledge you have read our Mobile App Privacy Policy and agree to our Terms of Use and any other documentation, guidelines, or policies we make available to you from time to time.
SmartGenix AI Services are not directed to, or intended for, children under the age of 13, and we do not permit children under 13 to use the Services. Children under the age of 18 may not use the Services without a parent or legal guardian. If you have reason to believe that a child under 13 has provided Personal Information to us through the Services, please contact us and we will promptly delete any Personal Information provided to us in violation of this section.
Subject to your compliance with these Terms, SmartGenix AI hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, license to use the Services solely in accordance with these Terms. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under these Terms, or any other rights thereto.
By using our Services, you represent, warrant, and agree:
Disclosures. You agree to disclose your use of the Services and obtain consent to use the Services as required by, and in accordance with, applicable law. Without limiting the foregoing, you agree to disclose:
Decision Making. In the event the Services are used for making decisions, with legal or similarly significant effects on an individual or group, including profiling, you must provide the impacted individual with the right to opt-out in accordance with laws, and ensure human review of the decision.
Evaluating Accuracy. You must evaluate Output (defined below) for accuracy and appropriateness. Do not solely rely on the Services to provide accurate Output. You are responsible for any actions taken or not taken as a result of reliance on the Output.
You agree not to use our Services:
Additionally, you agree not to:
Input Ownership. You are responsible for all content you upload to the SmartGenix AI Services ("Input") including ensuring that it does not violate any applicable laws or these Terms. You represent, warrant, and agree that you have all necessary rights and permissions to provide the Input to the Services.
Input License to SmartGenix AI. By entering Input into the SmartGenix AI Services, you grant to SmartGenix AI a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Input. This license survives termination of these Terms by any party, for any reason. We may use Input to provide, maintain, and improve our Services, comply with applicable law, enforce these Terms, and keep our Services safe.
License to SmartGenix AI Output. Subject to these Terms, we grant you an exclusive, non-transferrable, right and limited license to access and use the product created from the Services ("Output"). You acknowledge and agree that the Output is provided under license, and not sold, to you. You do not acquire any ownership interest in the Output under these Terms, or any other rights thereto.
Similarity of Output. Due to the nature of our Services and artificial intelligence generally, Output may not be unique, and other users may receive similar Output from our Services.
Accuracy. When using our Services, you understand and agree that Output may not always be accurate. You represent and warrant that you will use Output only in accordance with these Terms.
In connection with your use of the Services, you may obtain access to certain non-public, proprietary, or confidential information of SmartGenix AI ("Confidential Information"). When using the Services, you represent, warrant, and agree that you will maintain the confidentiality of Confidential Information and use it solely within the scope of the license granted under these Terms.
You shall not disclose Confidential Information to any third party without SmartGenix AI's prior written consent.
In order to use or access certain Services or features of the Services, you may be asked to register for a user account (an "Account") and become a registered user of the Services (a "Registered User"). By becoming a Registered User, you agree to:
SmartGenix AI maintains the right to suspend or disable your access to the Services and any Account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if SmartGenix AI otherwise determines such action is warranted. SmartGenix AI reserves the right to revoke your access to and use of the Services at any time, with or without cause.
Service Content, Software and Trademarks. You acknowledge and agree that our Services may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by SmartGenix AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Services or Service Content, in whole or in part, except that the foregoing does not apply to any of your own feedback that you legally upload to our Services.
The SmartGenix AI name and logos are trademarks and service marks of SmartGenix AI (collectively the "SmartGenix AI Trademarks"). Other SmartGenix AI, product, and service names and logos used and displayed via our Website may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to SmartGenix AI. Nothing in these Terms or in our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SmartGenix AI Trademarks displayed through our Services, without our prior written permission in each instance. All goodwill generated from the use of SmartGenix AI Trademarks will inure to our exclusive benefit.
Feedback Transmitted Through Our Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information regarding user experience of the Services ("Feedback"), provided by you to SmartGenix AI is non-confidential, and SmartGenix AI will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For the avoidance of doubt, Feedback does not include Input. The use of Input is governed by Section VI.
DMCA Policy. It is SmartGenix AI's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law—including, in the United States, the Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office website. That means that if we receive such a notice for content hosted in our platforms, we will remove or disable access to that content subject to applicable laws and make a good faith effort to give notice of the claimed infringement to the account holder. Please note that a copy of each legal notice we receive is sent to a third-party which may publish and/or annotate it.
In the U.S., if we receive a counter notification from the account holder pursuant to sections 512(g)(2) and (3) of the DMCA, we may reinstate access to the content. If we do not receive a counter notification from the account holder within 10 days of giving notice of the claimed infringement, we will be forced to permanently delete the content.
We also terminate the accounts of subscribers who are repeat infringers. The manner in which that policy is applied depends on the relevant circumstances and whether SmartGenix AI is able to distinguish individual users who upload infringing materials. If you are a SmartGenix AI account holder, you are responsible for the activities of your users to whom you allow access to your account. This means that if one or more of your users is utilizing infringing content, and you do not remove it and take appropriate steps to terminate users who are repeat infringers, your account may be terminated.
To file a notice of infringement with us, please contact us at: copyright@smartgenix.ai
Information Collection. SmartGenix AI may, directly or indirectly through the services of others, collect and store information regarding use of the Services and about equipment on which the Services is installed or through which it otherwise is accessed and used. You agree that the SmartGenix AI may use such information for any purpose related to any use of the Services by you, including but not limited to: (i) improving the performance of the Services or developing updates; and verifying compliance with the terms of these Terms and enforcing SmartGenix AI's rights, including all intellectual property rights in and to the Services.
As part of your use of our Services, you consent to receive electronic notifications from SmartGenix AI. You may opt-out of receiving certain notifications from SmartGenix AI by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.
You agree to release, indemnify, and hold harmless SmartGenix AI, its affiliates, and its and their respective officers, employees, directors, members, and agents from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of, or relating to, your use of Services and interactions with us, your violation of these Terms, or your violation of any rights of another.
YOUR USE OF OUR SERVICES AND YOUR INTERACTIONS WITH US IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMARTGENIX AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SMARTGENIX AI MAKES NO WARRANTY THAT: (I) OUR SERVICES OR OTHER INTERACTIONS WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTGENIX AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMARTGENIX AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE, OR THE INABILITY TO USE, OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL SMARTGENIX AI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT YOU HAVE PAID SMARTGENIX AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
Modification. We may modify these Terms at any time. We will post the changes on our or Services with the effective date, and notify you of any material changes. Your continued use of our Services or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.
Governing Law. Terms will be governed by the laws Illinois without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and SmartGenix AI agree to submit to the personal and exclusive jurisdiction of the local courts located in Indianapolis, Indiana and the federal courts located in the United States District Court for the Southern District of Indiana.
Assignment. SmartGenix AI may assign or transfer these Terms, in whole or in part, without restriction.
No Waiver. The failure of SmartGenix AI to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please contact us at: information@smartgenix.ai