Effective Date: September 1, 2025
These are the Terms of Use (the "Terms") for the SmartGenix AI LLC ("SmartGenix AI") websites found at smartgenix.ai, epiccharacters.ai, and epicstories.ai (the "Websites").
Please be aware that these Terms constitute a binding legal agreement between you and SmartGenix AI. You agree you are responsible for your use of our Websites and any resulting consequences. You may use our Websites and interact with us only in compliance with these Terms and all applicable laws. Your use of our Websites constitutes your acceptance of these Terms and our Websites Privacy Policy.
These Terms cover your use of the Websites only.
By accepting these Terms through your use of our Websites, you certify that you are at least 18 years of age, or are at least 13 years of age and are using the Websites under the supervision of a parent or legal guardian.
By using our Websites, you represent, warrant, and agree:
You agree not to use our Websites:
Additionally, you agree not to:
SmartGenix AI maintains the right to suspend or disable your access to the Websites 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 Websites at any time, with or without cause.
We reserve the right to withdraw or amend our Websites at our sole discretion without notice. We will not be liable if, for any reason all, or any part of the Websites are unavailable, at any time or for any period.
SmartGenix AI may from time to time in its sole discretion develop and provide updates to the Websites, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates").
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
Service Content, Software and Trademarks. You acknowledge and agree that our Websites 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 Websites 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 Websites.
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 Websites 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 Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of SmartGenix AI Trademarks displayed through our Websites, without our prior written permission in each instance. All goodwill generated from the use of SmartGenix AI Trademarks will inure to our exclusive benefit.
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
Feedback Transmitted Through Our Websites. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information unrelated to information you provide ("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.
As part of your use of our Websites, 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 Websites 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 Websites with the effective date, and notify you of any material changes. Your continued use of our Websites or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.
Governing Law. The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the United States, where applicable, and otherwise by the laws of the State of Indiana without regard to its principles of conflicts of laws. Any dispute arising out of these Terms shall be heard in a court of competent jurisdiction over cases and controversies arising in Indianapolis, Indiana.
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 Websites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
SmartGenix AI
information@smartgenix.ai