Terms of Service and Licence Agreement

1. Introduction

Welcome to Smartmine AI. These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at smartmine.net and ai.smartmine.net (hereafter referred to as "Service") operated by Smartmine AI ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Communications

By using 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, or all, of these communications from us by following the unsubscribe link or by emailing info@smartmine.net or support@smartmine.net

3. Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.

4. Content

The Service facilitates the submission of various forms of information, text, graphics, videos, and other materials (collectively referred to as "Content") by you, the user. As the originator of the Content, you bear sole responsibility for ensuring the legality, reliability, accuracy, and appropriateness of the Content submitted to the Service. You, as the user, retain full and exclusive rights to any Content you provide through the Service. This encompasses but is not limited to, copyright, trademark, patent rights, and any other intellectual property or proprietary rights under the law.

In the act of submitting Content to the Service, you grant Smartmine AI permission to perform tasks such as formatting and displaying the Content, facilitating sharing at your direction.

We acknowledge and support your right to control the use of your Content. As such, Smartmine AI does not claim, and shall not claim, any ownership over the Content you submit to our platform. This policy ensures that you retain full autonomy over the distribution, reproduction, modification, and public display of your Content. We are committed to respecting your rights and will not use, distribute, or display your Content beyond the scope necessary for the functioning and promotion of the Service, without obtaining your explicit consent.

Furthermore, Smartmine AI acknowledges the importance of protecting the rights of creators and content owners, especially in contexts involving proprietary, confidential, or commercially sensitive material, such as unreleased media or copyrighted works. We guarantee that our Service will not assert any ownership claim over such materials or use them beyond the purposes for which they were provided to us by you.

6. User Media Deletion Policy

Smartmine AI commits to deleting all User Media no more than 24 hours after the media has been processed and the results have been returned to you. This is to ensure your privacy and the confidentiality of your data.

7. Refund Policy

Credits purchased for use on the Smartmine AI platform are non-refundable, except in circumstances where less than 10% of the credits purchased have been used and no more than 30 calendar days have transpired since the original purchase receipt date. In such cases, a refund request may be considered, but Smartmine AI reserves the right to assess refund requests on a case-by-case basis. On-Demand billing credit usage is strictly non-refundable. We reserve the right to refuse a refund request if we find evidence of fraud, misuse of the Service, or other violations of our Terms.

8. Prohibited Uses

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

(a) In any way that violates any applicable national or international law or regulation.

(b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter," "spam," or any other similar solicitation.

(d) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

9. Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

10. Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

11. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Smartmine AI and its licensors. The Service is protected by copyright, trade secrets, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Smartmine AI.

12. Links To Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Smartmine AI.

Smartmine AI has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Smartmine AI shall not be 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 web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

13. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

14. Limitation Of Liability

In no event shall Smartmine AI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

15. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Smartmine AI, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted or available at any particular time or location; b) any errors or defects will be corrected, or c) the results of using the Service will meet your requirements.

16. Governing Law

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

17. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

18. Contact Us

If you have any questions about these Terms, please contact us at info@smartmine.net