Terms of Service

By accessing or using the Smuke AI platform (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms apply to all users, including individuals and organizations. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.

Smuke AI is an AI-powered social media content automation platform that enables users to:

• Create and manage brand identities, voice guidelines, and content strategies.
• Generate AI-powered content campaigns for multiple social media platforms.
• Schedule and publish posts to connected social accounts (X/Twitter, LinkedIn, and others).
• Analyze campaign performance and engagement metrics.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and accept responsibility for all activity under your account.
• Promptly notify us of any unauthorized use of your account at security@smuke.ai.
• Not share your account credentials with third parties.

You must be at least 18 years old to create an account. We may suspend or terminate accounts that violate these Terms.

Certain features of the Service require a paid subscription. By subscribing:

• You authorize us to charge your payment method on a recurring basis at the applicable plan rate.
• Subscriptions automatically renew unless cancelled before the renewal date.
• All fees are exclusive of applicable taxes, which will be added where required by law.
• Refunds are issued at our discretion. If you believe you were charged in error, contact billing@smuke.ai within 30 days.
• Downgrading or cancelling your plan takes effect at the end of the current billing cycle.

You agree not to use the Service to:

• Violate any applicable law or regulation, including intellectual property laws.
• Generate, distribute, or publish spam, misinformation, or harassing content.
• Impersonate any person or entity or misrepresent your affiliation.
• Attempt to gain unauthorized access to the Service or its infrastructure.
• Reverse engineer, decompile, or create derivative works of the Service.
• Use automated scripts or bots to interact with the Service outside of our official API.
• Violate the terms of service of any connected third-party platform (X, LinkedIn, etc.).

Violation of this section may result in immediate account termination without refund.

Your content: You retain ownership of all content you create, upload, or publish through the Service. You grant Smuke AI a limited, non-exclusive license to process and transmit your content solely to operate the Service.

AI-generated content: Content generated by AI features of the Service is provided to you and may be used, modified, and published at your discretion. You are responsible for ensuring such content complies with applicable laws and platform policies.

Our property: The Smuke AI platform, including its software, design, trademarks, and branding, is owned by SmukeAI, Inc. and protected by intellectual property laws. You may not use our trademarks without prior written consent.

The Service integrates with third-party platforms such as X (Twitter) and LinkedIn. Your use of those platforms is governed by their own terms of service and privacy policies. We are not responsible for the actions, content, or availability of third-party services. Connecting your social accounts authorizes us to act on your behalf as permitted by those platforms' APIs.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. AI-GENERATED CONTENT IS PROVIDED FOR CONVENIENCE AND MAY CONTAIN ERRORS; YOU ARE RESPONSIBLE FOR REVIEWING ALL CONTENT BEFORE PUBLISHING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMUKEAI, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Either party may terminate this agreement at any time. You may delete your account via Settings → Account. We may suspend or terminate your account immediately for violation of these Terms, non-payment, or if required by law. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including payment obligations, IP ownership, disclaimers, and limitation of liability) shall survive.

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved through binding arbitration in San Francisco, California, except that either party may seek injunctive relief in a court of competent jurisdiction.

We may update these Terms from time to time. We will provide at least 14 days' notice of material changes via email or in-app notification. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.