Terms of Service

1. Agreement to Terms

By accessing or using Smillee AI ("the Service", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Smillee AI is an AI-powered chatbot service that provides conversational assistance using artificial intelligence technology. The Service:

• Is powered by third-party AI models and may change without notice
• Allows users to have conversations with an AI assistant
• Enables users to create, customize, and interact with their own AI characters
• Provides web search capabilities and information retrieval
• Offers optional user accounts via Google authentication
• May integrate with third-party services you choose to connect

3. User-Created Characters and Content

• No Liability: We assume no responsibility or liability for any User Content or characters created by you or any other user.
• User Responsibility: You represent and warrant that you have all necessary rights to the content you create and that it does not violate any third-party rights or laws.
• Strict Prohibition: You may not create characters based on real celebrities, public figures, copyrighted works, or other protected intellectual property.
• Monitoring: We have no obligation to monitor User Content but reserve the right to remove any content that violates these Terms.
• Character Interactions: You are fully responsible for the interactions, outputs, and behaviors of the characters you create.

4. AI Disclaimers and Limitations

• No Accuracy Guarantee: AI-generated content may contain errors, outdated information, or false statements. We make no warranty regarding accuracy.
• Not Professional Advice: The Service does not provide medical, legal, financial, or any other professional advice. Do not rely on AI responses for critical decisions.
• No Human Verification: Responses are generated by AI without human review or verification.
• Hallucinations: The AI may generate false or misleading information presented as fact.
• Your Responsibility: You are solely responsible for verifying any information before relying on it.

5. User Accounts and Authentication

To access certain features, you may create an account using Google authentication. You agree to:

• Provide accurate and current information
• Maintain the security of your account credentials
• Be responsible for all activities under your account
• Notify us immediately of unauthorized access
• Comply with Google's terms of service for authentication
• By logging in, confirm you have read and agree to these Terms and our Privacy Policy

Guest users (without accounts) may use the Service with limited features. Guest conversations are not permanently saved to your account.

6. Acceptable Use Policy

You agree NOT to use the Service (including character creation) to:

• Violate any laws, regulations, or third-party rights
• Create characters that impersonate real people without their consent
• Create characters based on real-world celebrities or public figures
• Create characters based on copyrighted or protected fictional characters, universes, or franchises
• Create characters that infringe trademarks, copyrights, or likeness/publicity rights
• Generate or distribute harmful, illegal, or malicious content
• Harass, threaten, or abuse others
• Impersonate any person or entity
• Attempt to exploit, harm, or endanger minors
• Distribute spam, malware, or viruses
• Infringe intellectual property rights
• Reverse engineer, decompile, or extract the Service's source code
• Circumvent security measures or access controls
• Use automated systems to access the Service without authorization
• Overload or disrupt the Service infrastructure
• Collect user data without consent

7. Content and Intellectual Property

7.1 Your Content

You retain ownership of the messages, characters, and content you submit to the Service ("Your Content"). By creating or submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up license to use, store, process, display, and distribute Your Content for the purpose of operating and improving the Service.

7.2 AI-Generated Content

AI-generated responses are provided "as-is" for your use. We make no claims of ownership over AI outputs. You are responsible for reviewing and validating any AI-generated content before using it.

7.3 Our Intellectual Property

The Service, including its design, code, features, branding, and all related intellectual property, is owned by us or our licensors. You may not copy, modify, distribute, or create derivative works without our express written permission.

8. Third-Party Services and Links

The Service integrates with and links to third-party services (e.g., Google, AI providers, web search results). We are not responsible for third-party content, services, or privacy practices. Your use of third-party services is subject to their own terms and policies.

9. Termination

We reserve the right to:

• Suspend or terminate your account at any time for any reason, including violation of these Terms
• Refuse service to anyone at our sole discretion
• Remove or disable access to any content
• Discontinue the Service entirely without liability

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will cease immediately.

10. Disclaimers and "As-Is" Service

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless Smillee AI, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Any character or content you create, upload, or generate
• Your violation of these Terms
• Your violation of any rights of another party
• Any claim that your User Content caused damage to a third party

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which we operate, without regard to conflict of law principles.

13.2 Informal Resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

13.3 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with applicable arbitration rules, rather than in court, except that you may assert claims in small claims court if they qualify.

13.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

15. Changes to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

16. Changes to These Terms

We may revise these Terms at any time by updating this page. Material changes will be effective immediately upon posting. Your continued use of the Service after changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

17. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smillee AI regarding the Service and supersede all prior agreements and understandings.

19. Contact Information

If you have questions about these Terms, please contact us at: