Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Smarter Media.AI ("we," "us," "our"). By using our website, purchasing our products or services, or otherwise interacting with us, you agree to be bound by these Terms.

1. Acceptance of Terms

You agree to these Terms by accessing or using our website or services. If you do not agree, do not use our services.

2. Services

• We provide performance marketing, media advertising, content creation, and digital marketing services.
• All services are subject to these Terms and any additional terms or agreements we may provide (e.g. project proposals, service agreements, statements of work).

3. User Responsibilities

You agree that you will:

• Provide accurate, current, and complete information when required.
• Comply with all applicable laws, rules, and regulations when using our services.
• Not misuse our services or engage in any prohibited conduct, including (but not limited to) infringing the intellectual property rights of others, transmitting harmful content, viruses, etc.

4. Payment Terms

• Fees for services will be as agreed in your proposal or agreement.
• Payments are due as per the schedule in the agreement. Delays may incur fees or interest.
• All payments are non‐refundable unless otherwise stated in a written agreement.

5. Intellectual Property

• Unless otherwise agreed in writing, we retain all rights, title, and interest in any materials, content, software, tools, methodologies, processes, designs, and other creative works developed by us ("Our Works").
• When you provide materials or content to us (e.g., images, logos, text), you represent that you have the rights, permissions, and licenses necessary to allow us to use them.
• Upon full payment, we may grant you a license or rights to use the deliverables as specified in the agreement.

6. Confidentiality

• Each party agrees to keep confidential information of the other party in strict confidence and not to disclose it to third parties except as necessary to carry out these Terms.
• Confidential information does not include: information already known to the receiving party, publicly available, or required to be disclosed by law.

7. Warranties & Disclaimers

• We aim to deliver our services professionally and in accordance with industry standards.
• However, we do not guarantee results (unless explicitly stated in your agreement). Outcomes may depend on many factors outside our control.
• Services are provided "as is," without warranties of any kind (express or implied), including any implied warranty of merchantability, fitness for a particular purpose, non‐infringement.

8. Limitation of Liability

• To the fullest extent permitted by applicable law, our liability for any claim arising under or in connection with these Terms or your use of our services is limited to the amount you have paid us in the past 12 months.
• Under no circumstances will we be liable for indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of data, loss of use, or interruption of business, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Smarter Media.AI, its officers, directors, employees, agents, affiliates, suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• your breach of these Terms;
• your violation of any law or the rights of a third party;
• your use of our services.

10. Termination

• We may suspend or terminate your access to our services at any time, for any reason (including breach of Terms), with or without notice.
• Sections that by their nature should survive termination (e.g. Intellectual Property, Confidentiality, Limitation of Liability, Indemnification) will survive.

11. Governing Law & Dispute Resolution

• These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
• Any dispute arising out of or relating to these Terms or services will be resolved in the state or federal courts located in Alameda County, CA, and you consent to jurisdiction and venue in those courts.

12. Miscellaneous

• Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be struck, and the remainder will continue in effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
• Entire Agreement: These Terms (plus any applicable ancillary contracts) constitute the entire agreement between you and Smarter Media.AI regarding your use of our services.

Contact Us

If you have any questions or concerns about these Terms, please contact: