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The short version. Smarty is a platform where creators build an AI assistant (a "brain") from their own material and others use it, free or for a monthly membership paid to the creator. Creators own their material. Smarty keeps 10% of membership sales and charges creators credits for what their brains use. Brains are AI: they can be wrong, and nothing they say is professional advice. By using Smarty you agree to these terms.
These Terms of Use (the "Terms") are a contract between you and Smarty A.I., Inc. ("Smarty", "we", "us") covering smarty.ai, app.smarty.ai, trysmarty.com, Smarty text-message numbers, and everything else we provide (the "Service"). Our Privacy Policy explains how we handle information and is part of these Terms. If you use the Service on behalf of an organization, you confirm you can bind it. You must be at least 18.
One account works for everything on Smarty: building brains and using other people's. Keep your sign-in details to yourself; you're responsible for what happens under your account. Tell us at once at hello@smarty.ai if you think it has been compromised. You may use a brain as a visitor without an account; a visitor's conversation is kept together by a cookie and moves to your account if you later sign up.
A brain is built automatically from a creator's material by AI and answers questions, makes pages, and can take limited actions (such as sending an email) that the creator has set up. AI-generated content can be inaccurate, incomplete or out of date. It is not medical, legal, financial, mental-health or other professional advice, and you should not rely on it as such. If you are in danger or in crisis, contact local emergency services. Smarty does not review brains' answers before they are shown.
You keep ownership of everything you upload and of the pages, answers and other output your brain produces from it ("Creator Content"). You grant Smarty a worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce, display and transmit Creator Content only as needed to operate, secure and improve the Service and to provide your brain to the people you allow. This licence ends when you delete the content or your account, except for copies in routine backups (which expire) and content you shared that others have already received.
You confirm you have the rights needed to upload your material and to let a brain be built from it, including any third-party material it contains. You are responsible for what your brain says and does, for setting its instructions and rules, and for reviewing its pages. You must not build a brain that impersonates a real person without their permission, that leads people to believe a human is replying when it isn't, or that gives regulated professional advice without the disclosures the law requires.
You may charge a monthly membership for your brain. To receive money you connect a Stripe account and accept the Stripe Connected Account Agreement. Smarty collects payments from members, keeps a platform fee of 10% of each payment, and Stripe pays the remainder to your account after Stripe's processing fees. You are responsible for any taxes on what you earn. We will give at least 60 days' notice before changing the platform fee.
Building a brain, chatting with it, members' and visitors' chats with it, and the pages and actions it makes all use credits, which you buy in packs or through auto top-up. Credits are charged as they're used, shown in your Diary, and are not refundable once used; unused credits are refundable within 14 days of purchase on request. Prices are shown in the app and may change with notice.
You can see the conversations, memory, pages and billing status of people who use your brain. You may use that information only to run your brain and serve those people, not for other purposes, and you must keep it confidential. You may refund or block a member. You are responsible for your own relationship with members, including any promises you make them.
When you use a creator's brain, the creator can see your conversations with it, what it remembers about you, and the pages it makes for you. You can view and delete what it remembers, leave a brain, and cancel a membership at any time. The creator, not Smarty, is responsible for the content of their brain. Smarty provides the platform and processes payments but is not a party to the relationship between you and a creator, except as described in section 6.
Some brains can be reached by text message at a Smarty number. By sending a text to a Smarty number you agree to receive reply messages from that brain. Messages are replies to the texts you send; message frequency varies. Message and data rates may apply. Reply STOP to stop receiving messages from that number and HELP for help, or email hello@smarty.ai. Carriers are not liable for delayed or undelivered messages. Supported carriers include AT&T, T-Mobile, Verizon and most other US and Canadian carriers. See the Privacy Policy for how we handle phone numbers.
A creator may give their brain abilities, such as emailing a plan to a member, sending a link, or stopping and asking the creator for help. Actions that send something to a member require the member's confirmation in the conversation. Actions run as the creator and are logged so both the creator and the member can see what happened. The creator is responsible for the abilities they turn on.
You may not use the Service to break the law or others' rights; to upload material you don't have the right to use; to harass, defraud, or impersonate anyone; to build or use a brain for spam, scams, hate, sexual content involving minors, or incitement to violence; to probe, scrape, overload or interfere with the Service or its models; to extract other users' data; or to resell access to the Service outside the features we provide. We may remove content, suspend abilities, or close accounts that violate these Terms, and we may set usage limits to protect the Service.
The Service, its software, design and the Smarty name and marks belong to Smarty and its licensors. Example brains that Smarty publishes (such as the Stoic Life Coach) are provided for demonstration. You may not copy, modify or reverse-engineer the Service except as the law allows.
If you send us ideas or feedback, including on our ideas board, we may use them without obligation to you.
If you believe content on the Service infringes your copyright, send a notice under the DMCA to our designated agent at hello@smarty.ai with: your contact details, the work you say is infringed, where the material is on the Service, a statement of good-faith belief, a statement under penalty of perjury that your notice is accurate and you are authorized to act, and your signature. We respond to valid notices and counter-notices as the DMCA provides and may close the accounts of repeat infringers.
You can stop using the Service and delete your account at any time by emailing us. If a creator deletes a brain, members' access ends and the refund rule in section 6 applies. We may suspend or close your account if you break these Terms, if we must for legal or security reasons, or, with 30 days' notice, for any other reason; where we close a creator's account without cause we will give them a reasonable chance to export their material. Sections that by their nature should survive (ownership, payments owed, disclaimers, limits of liability, disputes) do.
THE SERVICE AND ALL CONTENT ON IT, INCLUDING AI-GENERATED CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. SMARTY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY BRAIN'S OUTPUT IS CORRECT. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT THE LAW ALLOWS, SMARTY AND ITS OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM THE SERVICE OR THESE TERMS. SMARTY'S TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID SMARTY IN THE 12 MONTHS BEFORE THE CLAIM OR ONE HUNDRED US DOLLARS ($100). THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.
You will defend and indemnify Smarty against claims, losses and expenses (including reasonable legal fees) arising from your content, your brain, your use of the Service, or your breach of these Terms or the law.
These Terms are governed by the laws of the State of New York and the Federal Arbitration Act. Before starting a formal dispute, email us and we will try to resolve it informally within 30 days. If that fails, any dispute will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in New York or remotely, except that either of us may bring an individual claim in small-claims court or seek an injunction for intellectual-property infringement. You and Smarty each waive the right to a jury trial and to participate in a class or representative action. You may opt out of arbitration by emailing hello@smarty.ai with your name and account email within 30 days of first accepting these Terms. If the class-action waiver is found unenforceable for a claim, that claim will be heard in the state or federal courts in New York County, New York.
We may update these Terms. We will post the new version here with a new effective date and, for material changes, email account holders or show a notice in the app at least 14 days before they take effect. Using the Service after that date means you accept the new Terms. If you don't, stop using the Service and, if you're a creator, export your material.
These Terms, the Privacy Policy and the Stripe Connected Account Agreement (for creators who sell) are the whole agreement between you and Smarty about the Service. If part of these Terms is unenforceable, the rest stays in effect. You may not assign these Terms; we may assign them to a successor. Our not enforcing a term is not a waiver of it. Notices to you go to your account email; notices to us go to hello@smarty.ai.
Smarty A.I., Inc. · hello@smarty.ai