Terms & Conditions

1. Acceptance of Terms

By accessing, registering for, or using SmaxAI (“the Service”), you agree to be legally bound by these Terms and Conditions (“Terms”). If you do not agree to all of these Terms, you must immediately cease using the Service. These Terms constitute a binding legal agreement between you (“User”) and SmaxAI (“we,” “us,” “our”).

2. User Responsibilities

You are solely and entirely responsible for the content of your prompts, the use of AI-generated outputs, and any consequences that arise therefrom. You agree to use the Service only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations.

3. Prohibited Usage

You expressly agree not to use SmaxAI to:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Engage in fraud, phishing, social engineering, or any form of deception
• Distribute spam, malware, viruses, or any code of a destructive nature
• Attempt to reverse-engineer, bypass, or circumvent security mechanisms, rate limits, or credit systems
• Impersonate any person or entity, or misrepresent your affiliation
• Violate the intellectual property, privacy, or other rights of any third party
• Use outputs to cause harm, generate misinformation, or create deepfake content
• Attempt to perform prompt injection attacks, system jailbreaks, or execute automated bots, scripts, or scrapers to harvest outputs or systematically drain platform credits.

4. AI Output Disclaimer

IMPORTANT — PLEASE READ CAREFULLY:

The outputs generated by SmaxAI are produced by third-party artificial intelligence models (including xAI Grok, DeepSeek, OpenAI ChatGPT, and Google Gemini). We make absolutely no representations, warranties, or guarantees regarding the accuracy, completeness, reliability, currentness, or fitness for any particular purpose of any AI-generated content.

AI models may produce outputs that are factually incorrect, misleading, biased, incomplete, or inappropriate (“hallucinations”). You must independently verify all AI-generated information before relying on, publishing, distributing, or acting upon it. SmaxAI is not a substitute for professional advice in legal, medical, financial, or any other domain.

5. Service Provided “As-Is”

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMAXAI, ITS DEVELOPERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to access or use the Service
• Any conduct, content, or actions of any third party on or related to the Service
• Any content obtained from the Service, including AI-generated outputs
• Unauthorized access, use, or alteration of your data or transmissions
• Any errors, inaccuracies, or omissions in AI-generated content
• Decisions made or actions taken based on AI-generated outputs

This limitation of liability applies regardless of the legal theory (whether contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

7. Indemnification

You agree to defend, indemnify, and hold harmless SmaxAI, its developers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

8. Internet & Cybersecurity Risks

You acknowledge that the use of internet-based services involves inherent security risks. These risks include, but are not limited to, data interception, unauthorized access, phishing attacks, malware, and other cyber threats. SmaxAI shall not be liable for any losses or damages resulting from cybersecurity incidents beyond our reasonable control. You are responsible for maintaining the security of your own devices, credentials, and network connections.

9. Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, for any reason including but not limited to violation of these Terms, suspected abuse, or extended inactivity. Upon termination, your right to use the Service ceases immediately. We may retain or delete your data in accordance with our Privacy Policy and applicable law.

10. Data Usage & Retention

Your use of SmaxAI is governed by our Privacy Policy. We retain your chat history and account data to provide the Service. We may use aggregated, anonymized usage data for analytics and platform improvement. You retain all intellectual property rights to your original input prompts.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in the relevant jurisdiction.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the platform or via email. Your continued use of SmaxAI after changes are posted constitutes acceptance of the revised Terms.