Mysmmai Terms of Service

1.Introduction:

Welcome to Mysmmai (“Company”, “we”, “our”, “us”)! These Terms of Service (“Terms”, “Terms of Service”) govern your use of our websites: www.mysmmai.com, studio.mysmmai.com, operated by Mysmmai Studio.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here www.mysmmai.com/privacy-policy.

2.User Agreement:

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you are expressly prohibited from using our Service and you must discontinue use immediately. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any of these communications from us, by following the unsubscribe link.

3. User Account

3.1 Account Creation:

To benefit from the Services, Users must create an Account. You require to have valid email addresses to do so.

You can create or access your account here: https://studio.mysmmai.com/ or following the link at www.mysmmai.com.

We do not use passwords, to secure your information, we send you a verification code to your email, that is used to access your account each time you log out.

3.2 Eligibility

By using our Services, you affirm that you have the legal capacity to agree to and comply with these Terms of Use. You also confirm that you are at least 18 years old, will not access the Site through automated or non-human means (such as bots or scripts), will not use the Site for illegal or unauthorized purposes, and that your use of the Site will not violate any applicable laws or regulations or that use our Services does not contradict local laws, applicable to your jurisdiction. Additionally, to access our Services you also must be eligible user of our third-party integrations: Open AI, Google, and Pexels.

You are responsible for providing accurate, up-to-date, and complete information, especially concerning your identity. Mysmmai does not control the accuracy or reliability of user-provided information and therefore cannot be held accountable for any consequences arising from incomplete or incorrect information. Users who discover that their identity has been used by another person to access the Services must promptly inform Mysmmai via email or through the contact form on the website.

3.3. Account Management:

Users can manage their accounts, review status, and update billing information from the billing page in their Mysmmai account. For customer support inquiries, users should contact us by email.

3.4 Account Termination

Users are able to delete their Account at any time for no reason. To do so, Users must send us an email notification requesting the deletion of their Account. A copy of some form of identity may be requested to avoid any risk of identity theft.

User account can be terminated by Mysmmai within 1 month after a user stops paying for its subscription.
The Account is irreversibly deleted and the personal data relating thereto is automatically deleted and cannot be recovered. The cancellation of the subscription and/or the deletion of an Account does not prevent Users from re-registering and creating another Account.

We retain the right, without notice or liability, to deny access to the site to any individual for any reason or without any reason. At our sole discretion, we may terminate your access to the site or delete your account and any associated content or information at any time and without prior warning without any damages being able to be claimed. If your account is terminated or suspended for any reason, you are prohibited from registering and creating a new account under your own name or acting on behalf of a third party.

4. Credits, Subscriptions, Payment, and Billing:

Credits: Credits are AI credits that determine the “price” of each post generated. Mysmmai posts require from 1 to 3 credits depending on complexity and the number of pages.

Subscriptions: Users can choose from various subscription plans offered by Mysmmai, each providing a different allocation of credits per month.

Free Trial Period: Users may receive a free trial period during which they are granted a fixed number of credits to utilize Mysmmai Services. After the expiration of the trial period or when the credits are depleted, users are prompted to top up their accounts.

Billing Cycle: Upon subscribing, users are billed monthly (or annually for annual subscriptions) at the beginning of each cycle. Billing Cycle for monthly subscription is 1 Month, for annual subscription is 1 Year. The number of credits granted corresponds to the chosen subscription plan.

Credit Usage: As users utilize Mysmmai services, credits are deducted from their account balance. Once the credits are fully utilized, users are unable to access Mysmmai Content Generation services until the start of the next billing cycle. Unused credits at the end of each billing cycle are burned and are not transferable to the next cycle.

Provisional Credits: In the event of credit exhaustion, users can request provisional credits by contacting us via email.

Subscription Renewal: Subscriptions renew automatically at the end of each billing cycle unless canceled by the user.

Changing or cancelling Subscription plan:

Users can change, pause, or cancel subscription plans at any time by logging into your account. The change becomes effective as of the next billing cycle. Cancellation takes effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at n.devlieger@mysmmai.com.

Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

Upon upgrading a monthly subscription plan, new credits will be added to the account at the beginning of the next billing cycle. If you require provisional credits before subscription plan upgrades, please, contact us by email.

Annual subscriptions can be upgraded if insufficient credits are chosen. Please, contact us by email for more information.

Failed Payment: In case of failed payment, access to Content Generation services will be restricted until payment is successfully processed.

Payment Methods The subscription to the plan and to the addons is payable by credit or debit card (Visa, Mastercard, American Express, etc). The Customer’s card number and expiry date are securely processed by our payment gateway provider, Stripe. Stripe stores your payment information and provides invoices upon payment.

Mysmmai. cannot be held liable in case of fraudulent use of the payment methods used.

Price Changes: We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Invoice: Invoices are generated automatically by Stripe and shared with you be email.

5. Access to the Service:

The content generation services and content pool are accessible on our web platform that you can access from our website Mysmmai.com

The content generation service remains accessible throughout your subscription period with a positive credit balance until you decide to terminate or pause your subscription, or if your subscription is terminated by Mysmmai.

Content pool accessibility is guaranteed for 30 days, although we reserve the right to change the content storage period at our sole discretion.

Due to the nature of the internet and our reliance on third-party integrations, Mysmmai cannot guarantee uninterrupted platform accessibility. Should interruptions occur, we will make every effort to resolve the issue promptly. We also reserve the right to interrupt the operation of all or part of the Services at any time, with or without notice, particularly to carry out corrective or ongoing maintenance. Whenever possible, Mysmmai will inform users in advance of any corrective or ongoing maintenance operations.

Furthermore, users acknowledge that the Services may be interrupted for reasons beyond the control of Mysmmai, and therefore we cannot guarantee continued access to the Services.

In all cases, Mysmmai may not, under any circumstances, be held liable for any interruption and/or malfunction of the Services, regardless of the reason.

Please, send us any errors, technical issues you observe or feedback you want to share with us. You can share it through Contact Us form on our website or by email.

6. User Conduct:

As a user of the platform, it is essential to adhere to certain guidelines for acceptable behavior and conduct. Below are the key aspects of user conduct on the platform:

6.1. Use of Service:

Users are granted access to the services provided by the platform for their intended purposes only (content generation, content planning, content performance analytics, access to educational materials and tips, etc).

Users are prohibited to reverse engineer, decompile, or disassemble any aspect of the platform or its content.

Users must abide by the terms of the license agreement provided in the Third Parties and Licenses section of these Terms of service.

6.2. Prohibited Activities: users are prohibited from engaging in any activities that violate the law or infringe upon the rights of others. Prohibited activities include but are not limited to:

Unauthorized access to the platform's systems or data
Distribution of malware or other harmful software
Harassment, abuse, or intimidation of other users
Violation of intellectual property rights
Spamming, phishing, or other forms of unauthorized solicitation
Any activity that disrupts or interferes with the platform's operations.

7. Mysmmai Content (generated by Mysmmai)

7.1 User Rights

As a user of Our services, you have certain rights and responsibilities regarding Mysmmai generated content:

The content generated can be used for your social media accounts, if it adheres to the limitations listed below.

Resell the generated content as part of the services you offer, provided that such resale does not violate any laws or regulations and is in accordance with the terms and policies of Mysmmai.

Make modification to the generated content as needed, provided that such modifications adhere to the limitations listed below.

These rights empower you to leverage the generated content effectively for your own promotional or commercial purposes. However, it is essential to ensure that the use of the content complies with all applicable laws and regulations, as well as Mysmmai terms and policies.

7.2 Users’ Responsibilities:

Verify that the information in the generated posts and captions, that is shared to social media, sold or otherwise made public, is accurate, does not mislead, and complies with all applicable laws locally and globally.
Do not falsely represent that the content was generated by a human unless it was altered by you.
Adhere to the terms and policies of third-party intellectual property and integrations when using the generated content.
Users are solely responsible for any content they upload or post on the platform. Content must not infringe upon the rights of others or violate any applicable laws or regulations. Users must ensure that any content they contribute to the platform does not contain confidential or proprietary information.

The user bears full responsibility for ensuring that the generated content used by the user complies with all applicable laws, is accurate and non-misleading, does not violate intellectual property rights, and adheres to global standards.

7.3 Mysmmai Liability and Limitations:

While we exert diligent efforts to ensure that the generated content complies with Intellectual Property Rights and is neither misleading nor unlawful, Mysmmai cannot be held responsible for any resulting consequences affecting either the user or third parties. This is because we lack control over users' uploaded texts, images, text modifications, and third-party integrations. Particularly:

Mysmmai does not guarantee specific results such as likes, follower growth, or lead generation, resulting after publication of Mysmmai Generated content.
The time taken for content generation may vary depending on system performance and internet connection speed.
Mysmmai does not ensure that the generated content is lawful, unique.
Mysmmai does not ensure that the generated content is exact, detailed or accurate.
Some information may be hypothetical and provided for illustrative purposes only and can appear misleading when published “AS IS” (for example, Testimonials, Facts, Books, etc.).
Mysmmai is not responsible for any financial impact or loss resulting from the generated content.
Mysmmai does not accept liability for any infringement of intellectual property rights caused by third-party integrations, user-uploaded content, or text inputs.
Mysmmai is not accountable for the outcome of contests, giveaways, or lead magnets. Any additional efforts or financial obligations required for such promotions are the responsibility of the user.

It is important for users to be mindful of these responsibilities and limitations when utilizing Mysmmai's content generation services.

8. Intellectual Property Rights

8.1 Unless explicitly stated otherwise, the Site is our exclusive property, encompassing all source code, databases, functionality, software, content, and web design.

No portion of the Site or its Content may be duplicated, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our explicit prior written consent.

8.2 User Content Ownership:

Content uploaded to the website by users remains the intellectual property of the respective users.

Content generated by Mysmmai does not fall under the ownership of user intellectual property. However, users are permitted to utilize such generated content in accordance with the terms outlined above.

8.3 We honor the intellectual property rights of others. If you suspect that any material accessible on or through the Site violates any copyright that you own or control, kindly notify us promptly using the contact information provided below.

9. Third-Party Services

9.1 Third-Party Links

Our Service may include links to third-party websites or services. Mysmmai has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not endorse or warrant the offerings of any such entities or individuals, nor their websites.

You acknowledge and agree that Mysmmai shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

9.2. Third Party Services

Our Services rely on third-party integrations for operations, including Open AI and Pexels. Mysmmai is not responsible for textual, visuals content provided by third parties, nor the privacy policies or practices of any third-party services.

You acknowledge and agree that Mysmmai shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Mysmmai content generation, which relies on third-party integrations.

You may access the terms of service and privacy policies of any third-party websites or services on their websites: https://openai.com/policies/terms-of-use, https://www.pexels.com/license.

9.3 Licensing Terms associated with third-party services usage on our platform.

Mysmmai integrates with third-party services to enhance user experience and provide additional features. These services are governed by their respective privacy policies and terms of service.

9.3.1 Pexels Image Database

Mysmmai* utilizes Pexels, a platform providing free stock photos and videos, for content generation purposes. Users are granted certain permissions and restrictions when using images sourced from Pexels:

Users’ Allowed Actions:

All photos and videos sourced from Pexels can be downloaded and used for free.
Attribution to the photographer or Pexels is not required, although it is appreciated.
Users are permitted to modify the photos and videos obtained from Pexels. They are encouraged to exercise creativity and edit the content as needed.

Users’ Prohibited Actions:

Identifiable individuals depicted in the photos or videos must not be portrayed in a negative or offensive manner.
Unaltered copies of the photos or videos sourced from Pexels cannot be sold, such as in posters, prints, or physical products, without prior modification.
Users must not imply endorsement of their products by individuals or brands depicted in the imagery sourced from Pexels.
Redistribution or sale of the photos and videos on other stock photo or wallpaper platforms is strictly prohibited.
The photos or videos obtained from Pexels must not be used as part of a trademark, design-mark, tradename, business name, or service mark.

Usage of Generated Images by Mysmmai:

Images generated by Mysmmai using content from Pexels adhere to the permissions and restrictions outlined above.
Users are responsible for ensuring compliance with Pexels' terms of service and any applicable laws or regulations when using images generated by Mysmmai.
Users are encouraged to review Pexels' terms of service and familiarize themselves with the permitted and prohibited actions related to the use of images sourced from Pexels.

9.3.2 OPEN AI

By accessing and utilizing our services, you acknowledge and agree to abide by the terms and conditions set forth by OpenAI and DALL-E, which provide the underlying technology and resources powering our platform. You are hereby granted a limited, non-exclusive, non-transferable license to access and use the services provided by OpenAI and DALL-E, subject to compliance with their respective terms of use. This license permits you to leverage the capabilities of OpenAI's language models and DALL-E's image generation technology within the scope of our platform for personal or commercial purposes. Any unauthorized use or exploitation of OpenAI or DALL-E's technology beyond the scope of this license is strictly prohibited and may result in termination of access to our services. Additionally, you agree to adhere to all applicable laws and regulations governing the use of artificial intelligence technologies, intellectual property rights, and privacy considerations when utilizing OpenAI and DALL-E within our platform. Please, check out: https://openai.com/policies/terms-of-use

9.3.3 Google Fonts

License Scope: Our platform utilizes Google Fonts, which are subject to the Open Font License (OFL) provided by Google. By accessing and utilizing our services, you acknowledge and agree to abide by the terms and conditions set forth by the OFL regarding the use of Google Fonts.

Permitted Uses: You are granted a worldwide, royalty-free, non-exclusive license to use, reproduce, display, and distribute the Google Fonts provided by our platform as a part of Content Generation Service, subject to the conditions of the OFL. This license permits you to incorporate Google Fonts into your generated content, on your websites, etc.

The following Google Fonts are utilized on this website:

Source is a trademark of Adobe Systems Incorporated in the United States and/or other countries.

with Reserved Font Name "Forum".

with Reserved Font Name Kaushan Script.

25. Quattrocento Copyright (c) 2012, Pablo Impallari (www.impallari.com|impallari@gmail.com), Copyright (c) 2012, Igino Marini. (www.ikern.com|mail@iginomarini.com), Copyright (c) 2012, Brenda Gallo. (gbrenda1987@gmail.com), with Reserved Font Name Quattrocento.

with Reserved Font Name "Tenor", "Tenor Sans".

31. ARIMO Apache License Version 2.0, January 2004 http://www.apache.org/licenses/

Google Fonts are subject to the Open Font License (OFL) and may be freely used, modified, and distributed under the terms of this license.

The fonts are provided by Google and are used in accordance with the terms and conditions of the Open Font License.

By continuing to access or use our services, you agree to be bound by the terms and conditions set forth by the OFL regarding the use of Google Fonts, as well as the terms outlined in these Terms of Service.

[OFL:

SIL OPEN FONT LICENSE Version 1.1 - 26 February 2007

-----------------------------------------------------------

PREAMBLE

The goals of the Open Font License (OFL) are to stimulate worldwide

development of collaborative font projects, to support the font creation

efforts of academic and linguistic communities, and to provide a free and

open framework in which fonts may be shared and improved in partnership

with others.

The OFL allows the licensed fonts to be used, studied, modified and

redistributed freely as long as they are not sold by themselves. The

fonts, including any derivative works, can be bundled, embedded,

redistributed and/or sold with any software provided that any reserved

names are not used by derivative works. The fonts and derivatives,

however, cannot be released under any other type of license. The

requirement for fonts to remain under this license does not apply

to any document created using the fonts or their derivatives.

DEFINITIONS

"Font Software" refers to the set of files released by the Copyright

Holder(s) under this license and clearly marked as such. This may

include source files, build scripts and documentation.

"Reserved Font Name" refers to any names specified as such after the

"Original Version" refers to the collection of Font Software components as

distributed by the Copyright Holder(s).

"Modified Version" refers to any derivative made by adding to, deleting,

or substituting -- in part or in whole -- any of the components of the

Original Version, by changing formats or by porting the Font Software to a

new environment.

"Author" refers to any designer, engineer, programmer, technical

writer or other person who contributed to the Font Software.

PERMISSION & CONDITIONS

Permission is hereby granted, free of charge, to any person obtaining

a copy of the Font Software, to use, study, copy, merge, embed, modify,

redistribute, and sell modified and unmodified copies of the Font

Software, subject to the following conditions:

1) Neither the Font Software nor any of its individual components,

in Original or Modified Versions, may be sold by itself.

2) Original or Modified Versions of the Font Software may be bundled,

redistributed and/or sold with any software, provided that each copy

contains the above copyright notice and this license. These can be

included either as stand-alone text files, human-readable headers or

in the appropriate machine-readable metadata fields within text or

binary files as long as those fields can be easily viewed by the user.

3) No Modified Version of the Font Software may use the Reserved Font

Name(s) unless explicit written permission is granted by the corresponding

presented to the users.

4) The name(s) of the Copyright Holder(s) or the Author(s) of the Font

Software shall not be used to promote, endorse or advertise any

Modified Version, except to acknowledge the contribution(s) of the

permission.

5) The Font Software, modified or unmodified, in part or in whole,

must be distributed entirely under this license, and must not be

distributed under any other license. The requirement for fonts to

remain under this license does not apply to any document created

using the Font Software.

TERMINATION

This license becomes null and void if any of the above conditions are

not met.

DISCLAIMER

THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT

OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE

INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING

FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM

OTHER DEALINGS IN THE FONT SOFTWARE.]

10. Disclaimer of Warranties

Our services are offered "as is." Except where prohibited by law, we, along with our affiliates and licensors, do not provide any warranties (express, implied, statutory, or otherwise) regarding the services. We expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment. Additionally, we do not guarantee that the services will be uninterrupted, accurate, or error-free, nor do we warrant the security or preservation of any content from loss or alteration.

11. Discontinuation of Services

We retain the exclusive right to modify or discontinue our Services: website or web application, including any of its features, at any time, with or without prior notice to you. We shall not be held liable to you or any third party for exercising this right. Furthermore, any new features that supplement or improve the existing services on this Website will also be governed by these Terms of Service.

12. Limitations Of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will always be limited to $100.00 USD. Certain international laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers or limitations may not apply to you, and you may have additional rights.

13. Indemnification
You agree to indemnify, defend, and hold us harmless, along with our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, brought forth by any third party due to or arising out of: your Contributions; use of the Site; breach of these Terms of Use; any breach of your representations and warranties set forth in these Terms of Use; your infringement upon the rights of a third party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the Site with whom you connected via the Site.

However, we reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are obligated to indemnify us. You agree to cooperate with our defense of such claims at your expense. We will make reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

14. Electronic Communications and Transactions, And Signatures

Your visit to the Site, sending emails, and completing online forms constitute electronic communications. By using our services, you consent to receive electronic communications, and you acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically, via email or on the Site, fulfill any legal requirement for written communication.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by us or via the Site. By agreeing to this, you waive any rights or requirements under statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, or the delivery or retention of non-electronic records. Additionally, you waive any requirements related to payments or the granting of credits by any means other than electronic means.

15. Change of terms of service

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

16. Governing law

The Services' use and operation are governed by French law. The validity, performance, and interpretation of the Terms of Service concerning the Services also fall under French law.

Any disputes regarding the application, interpretation, or performance of the Terms of Service, or concerning the use and operation of the Services or any subsequent or consequential services, are subject to the jurisdiction of the Paris courts, even in cases involving third parties or multiple defendants.

17. Contacts

For any issues or inquiries regarding the Services, customers are urged to contact customer service via email at the following address to seek an amicable resolution: n.devlieger@mysmmai.com or through Contact Us form on the website.