Terms of Use

1. Acceptance of Terms

Welcome to SmartBoost. These Terms of Use ("Terms") govern your access to and use of the SmartBoost platform, including our website, mobile applications, and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree with any of these Terms, you are prohibited from using the Service. These Terms constitute a legally binding agreement between you ("User" or "you") and SmartBoost ("we," "us," or "our"). You must be at least 13 years old (or the applicable age of digital consent in your jurisdiction) to use the Service.

2. Description of Service

SmartBoost provides an advanced tag generation, management, and analytics platform designed to help users optimize their content strategy. Our Service includes:

• AI-powered tag generation and suggestions
• Tag management and organization tools
• Performance analytics and reporting
• Cross-platform tag optimization
• Tag library and storage features
• Integration capabilities with various platforms

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We shall not be liable to you or any third party for any such modifications, suspensions, or discontinuations.

3. User Accounts

3.1 Account Creation

To access certain features of the Service, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any suspected unauthorized access or use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in any fraudulent, illegal, or harmful activity. You may terminate your account at any time through your account settings.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

4.1 Prohibited Conduct

• Violate any applicable laws, regulations, or third-party rights
• Upload, post, or transmit malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the Service or other accounts
• Reverse engineer, decompile, or attempt to extract source code
• Use automated systems to access the Service (scraping, bots, etc.)
• Interfere with or disrupt the Service's operation or security
• Impersonate any person or entity or misrepresent affiliations
• Collect or harvest information about other users without permission
• Use the Service for spam, phishing, or fraudulent activities
• Generate tags for illegal, harmful, or offensive content
• Infringe upon intellectual property rights
• Resell or redistribute the Service without authorization

4.2 Content Guidelines

You are responsible for any content you input into the Service. You agree that your content shall not:

• Contain illegal, harmful, or offensive material
• Infringe upon copyrights, trademarks, or other IP rights
• Include personal information of others without consent
• Violate any platform's terms of service
• Be used to create misleading or deceptive content

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Service and all of its original content, features, and functionality are owned by SmartBoost and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to:

• The SmartBoost name, logo, and branding
• Software, algorithms, and AI models
• Designs, graphics, and user interfaces
• Documentation, tutorials, and educational content
• Tag suggestions and recommendation systems

5.2 Your Content

You retain ownership of all content you input into the Service. By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

• Process and analyze your content to provide tag generation services
• Store your content and tags on our servers
• Use aggregated, anonymized data to improve our services
• Display your content and tags within the Service

5.3 Generated Tags

Tags generated by SmartBoost are suggestions provided "as-is." You own any tags you choose to use, and you are responsible for ensuring their appropriate use and compliance with applicable laws and platform rules.

5.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without compensation or obligation. You grant us the right to use, modify, and incorporate such feedback into our Service.

6. Subscriptions and Payment Terms

6.1 Subscription Plans

SmartBoost offers various subscription plans with different features and usage limits. Details of current plans, pricing, and features are available on our website or within the application.

6.2 Payment Terms

• All fees are charged in advance based on your subscription cycle
• Payments are processed securely through our third-party payment processors
• You agree to provide accurate payment information and authorize charges
• All fees are non-refundable except as required by law
• We reserve the right to change pricing with 30 days' notice

6.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

6.4 Refunds

Refunds are provided only in accordance with applicable laws and our Refund Policy. Contact us if you believe you are entitled to a refund.

6.5 Price Changes

We may modify subscription prices at any time. Existing subscribers will be notified of price increases at least 30 days in advance. If you do not agree to the new price, you may cancel your subscription before the change takes effect.

7. Disclaimers and Limitations of Liability

7.1 Service "As Is"

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability and fitness for a particular purpose
• Accuracy, reliability, or completeness of results
• Uninterrupted, error-free, or secure operation
• Compatibility with all platforms or devices

7.2 Tag Suggestions Disclaimer

SmartBoost provides AI-generated tag suggestions that should be used as a starting point. We do not guarantee that generated tags will:

• Improve your content's performance or visibility
• Be approved by third-party platforms
• Comply with all platform-specific rules and regulations
• Result in increased engagement or traffic

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SmartBoost shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Total liability shall not exceed the amount you paid for the Service in the 12 months prior to the claim
• We are not liable for any loss of data, revenue, profits, or business opportunities
• No action, regardless of form, may be brought more than one year after the cause of action arose

8. Indemnification

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

• Your use of the Service or violation of these Terms
• Your content or any content you input into the Service
• Your use of generated tags or any consequences thereof
• Your infringement of any third-party rights
• Your violation of any applicable laws or regulations

9. Third-Party Services and Links

Our Service may integrate with or link to third-party services, websites, or applications. We are not responsible for:

• The availability, content, or practices of third-party services
• Privacy practices or data collection by third parties
• Terms of service or policies of third-party platforms
• Any damages or losses arising from use of third-party services

Your interactions with third-party services are solely between you and the third party. We encourage you to review their terms and privacy policies before engaging with their services.

10. Prohibited Use Cases

You may NOT use SmartBoost for:

• Generating tags for illegal or harmful content
• Spam, phishing, or fraudulent activities
• Violating platform terms of service or community guidelines
• Creating deceptive or misleading content
• Impersonating others or misrepresenting affiliation
• Circumventing security measures or access controls
• Competing with or replicating our Service
• Any purpose that violates applicable laws or regulations

11. Geographic Restrictions

SmartBoost is operated from the United States. We make no representations that the Service is appropriate or available for use in other locations. You may not use the Service if you are located in jurisdictions where the Service is prohibited or restricted by law.

If you access the Service from outside the United States, you are responsible for compliance with local laws and regulations.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. We will notify you of material changes by:

• Emailing registered users
• Displaying a prominent notice in the Service
• Updating the "Last Updated" date

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising from or relating to these Terms or the Service shall be resolved through:

1. Good Faith Negotiation: Parties shall attempt to resolve disputes through good faith negotiation for at least 30 days
2. Binding Arbitration: If negotiation fails, disputes shall be settled through binding arbitration in accordance with the rules of the American Arbitration Association
3. Jurisdiction: Arbitration shall take place in San Francisco, California

You waive any right to participate in a class-action lawsuit or class-wide arbitration. The prevailing party in any arbitration shall be entitled to recover reasonable attorney's fees and costs.

14. Miscellaneous Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmartBoost regarding the Service.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full effect.

14.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms. We may assign these Terms or any rights under them without restriction.

14.5 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, pandemics, or infrastructure failures.

15. Contact Information

For questions, concerns, or disputes regarding these Terms, please contact us at:

16. Acknowledgment

By using SmartBoost, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any part of these Terms, you must immediately stop using the Service.