Terms of Use

Welcome to SmartlyQ, an AI‑powered marketing platform (the “Service”). The following terms and conditions (the “Terms of Use”) govern your access to, and use of, the Service.

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Acceptance of Terms

By using the Service, you agree to be bound by these Terms of Use. If you do not agree with any of these Terms of Use, you are prohibited from using or accessing the Service.

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Disclaimer of Warranties

The Service is provided “as is” without warranty of any kind, either expressed or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

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Termination of Access

We may terminate or suspend your access to the Service at any time, without notice, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Use.

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User Responsibilities

You are solely responsible for all content that you publish or display (hereinafter, “post”) on the Service or transmit to other users of the Service. You agree not to post any content that is unlawful, harassing, libelous, privacy-invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable.

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Content Accuracy

Our Service does not guarantee the accuracy, completeness, or usefulness of any content, and you acknowledge and agree that you bear all risks associated with using or relying on such content. We are not responsible for any loss or damage incurred due to content posted on the Service.

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Prohibited Actions

You agree not to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or use of the Service, or access to the Service, without express written permission by us.

• Use the Service for any unlawful purpose or in violation of any applicable local, state, federal, or international law.

• Use the Service in any manner likely to cause confusion among customers or that disparages or discredits us.

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Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Use 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 the Service after any 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.

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Governing Law

These Terms of Use are governed by the laws of the jurisdiction in which the Service is hosted. Any dispute arising out of or related to these Terms of Use shall be adjudicated in the courts located in the jurisdiction in which the Service is hosted.

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Severability

If any part of these Terms of Use is found to be invalid or unenforceable, that part shall be severed from the remaining Terms of Use, which shall remain in full force and effect.

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Service Modifications

We reserve the right to modify or discontinue the Service, or any part thereof, with or without notice, at any time. We shall not be liable to you or any third party should we exercise such right.

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Entire Agreement

These Terms of Use constitute the entire agreement between you and us and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of these Terms of Use.

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Relationship of Parties

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Service.

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Notices

We may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Service.

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Contact Us

If you have any questions or concerns regarding these Terms of Use, please contact us at:

Email: support@smartlyq.com
Address: Zalokosta 8, Kolonaki, Athens, Greece
Website: smartlyq.com

Additional Terms

The following additional terms supplement the sections above and form part of these Terms of Use.

Eligibility and Account Registration

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate and complete registration information and to keep it up to date. You are responsible for keeping your login credentials secure and for all activity that occurs under your account. Notify us immediately at support@smartlyq.com if you suspect unauthorized use of your account.

Acceptable Use

In addition to the Prohibited Actions already listed above, you agree not to use the Service to:

• Send spam or any unsolicited or unlawful communications, or to contact people who have not given the consent required by applicable law.
• Distribute malware, or attempt to gain unauthorized access to the Service, other accounts, or our systems.
• Scrape, overload, disrupt, or reverse engineer the Service, or circumvent usage limits, rate limits, or security controls.
• Upload or generate content that is illegal, infringing, deceptive, hateful, or that violates the rights of others.
• Promote or facilitate fraud, deceptive marketing, or activities prohibited by the platforms you connect to the Service.

We may investigate suspected violations and may suspend or limit access to protect the Service and its users.

AI Features and AI-Generated Content

The Service includes features that generate text, images, audio, video, and other content using artificial intelligence, including models provided by third parties such as Anthropic, OpenAI, and Google.

• No guarantee of accuracy. AI output can be inaccurate, incomplete, or unsuitable. You are responsible for reviewing, editing, and verifying any AI-generated content before you use or publish it.
• Your responsibility. You are responsible for the prompts you submit and the content you generate, and for ensuring that your use complies with applicable law and with the terms of any connected platform.
• Not professional advice. AI output does not constitute legal, financial, medical, tax, or other professional advice.
• Ownership. As between you and SmartlyQ, you own the content you generate, subject to these terms and to the terms of the underlying AI providers. You grant us the limited rights needed to operate the Service and generate your content.
• Acceptable AI use. You may not use the AI features to create content that is unlawful, infringing, harmful, deceptive, or that impersonates a real person or organization without authorization.

Messaging and Communications Compliance

If you use the Service to send email, messages, or other communications, or to schedule or publish content, you are solely responsible for complying with all laws that apply to those communications, including, where applicable, the GDPR, the ePrivacy rules, and similar anti-spam and consent laws.

• You must have a lawful basis and any required consent to contact your recipients, and you must honor unsubscribe and opt-out requests promptly.
• You must not send communications to purchased, scraped, or non-consented lists.
• You are responsible for the content of your messages and for maintaining accurate sender and contact information.

We may suspend sending or other features if your use creates a compliance, deliverability, or abuse risk to the Service or other users.

Payment, Credits, and Billing

• Fees and plans. Paid plans are billed in advance on a recurring basis (for example monthly or annually) at the price shown at purchase. Unless stated otherwise, subscriptions renew automatically for the same period until cancelled.
• Credits and wallet. Certain features are metered and consume SmartlyQ credits or a prepaid balance. Credits are used to deliver the requested service, may be consumed by third-party costs we incur on your behalf, and, except where required by law, are non-refundable once used.
• Taxes. Prices are exclusive of VAT and other applicable taxes unless stated otherwise. You are responsible for any taxes due on your purchase, other than taxes on our income.
• Failed payments. If a payment fails, we may retry the charge and may suspend or limit paid features until the balance is settled.
• Chargebacks. If you dispute a charge without first contacting us, we may suspend your account while the dispute is resolved.
• Refunds. Refunds are handled in accordance with our Refund Policy and applicable consumer law.

White-Label, Agency, and Reseller Terms

If you resell, rebill, or white-label the Service to your own customers:

• You are responsible for your customers, including their onboarding, support, billing, and their compliance with these terms and with applicable law.
• You must not misrepresent the Service, its features, or its origin, and you must not present yourself as SmartlyQ.
• Your public advertising of the platform is subject to our Minimum Advertised Price (MAP) Policy.
• White-label and reseller privileges are granted at our discretion and may be suspended or withdrawn for breach of these terms or the MAP Policy.

Affiliate Program

If you participate in the SmartlyQ affiliate program, your participation is also governed by the affiliate terms at smartlyq.com/legal/affiliate-terms. Commissions are earned only on qualifying, genuine referrals. Self-referrals, misleading claims, spam, and bidding on our trademarks are not permitted and may result in withheld commissions and removal from the program.

API and Developer Use

If you access the Service through our API, MCP, or other developer interfaces:

• Keep your API keys and credentials secure and do not share them.
• Respect published rate limits and usage limits, and do not use the API to build a service that replicates or competes with the Service.
• We may change, deprecate, or rate-limit the API, and may revoke access for misuse.

Third-Party Services and Integrations

The Service connects to third-party platforms and services (for example social networks, advertising platforms, email delivery, and payment providers). Your use of those services is governed by their own terms, and we are not responsible for their availability, actions, or content. You are responsible for complying with the terms and policies of any platform you connect to the Service.

Intellectual Property and Your Content

• Our rights. The Service, including its software, design, and trademarks, is owned by SmartlyQ and its licensors and is protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these terms.
• Your content. You retain ownership of the content you upload or create. You grant us the limited license needed to host, process, and display that content in order to provide the Service.
• Feedback. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.
• Trademarks. You may not use SmartlyQ names or logos without our prior written permission, except as permitted for white-label partners under their agreement.

Copyright Complaints (Notice and Takedown)

If you believe content on the Service infringes your copyright, send a notice to legal@smartlyq.com that identifies the work, the allegedly infringing material and its location, your contact details, and a statement of good-faith belief and accuracy. We will review valid notices and may remove infringing content and, where appropriate, terminate repeat infringers.

Data Protection and Privacy

Our handling of personal data is described in our Privacy Policy, Data Processing Addendum, and list of subprocessors.

Where you use the Service to process personal data of your own contacts, you act as the data controller and SmartlyQ acts as your processor for that data. You are responsible for having a lawful basis and any required consent to process and contact those individuals, and for responding to their data-subject requests.

Disclaimer - No Results Guarantee

We do not guarantee any particular business, marketing, revenue, or ranking result from using the Service. Any examples, templates, or estimates are for illustration only. Compliance-related features do not constitute legal advice, and tax-related features do not constitute tax advice.

Beta Features

We may offer features labeled beta, preview, or experimental. These are provided "as is," may change or be withdrawn, and may be less reliable than generally available features.

Limitation of Liability

To the maximum extent permitted by applicable law, and without limiting any rights you have as a consumer under mandatory law:

• We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill.
• Our total liability arising out of or related to the Service is limited to the amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim.

Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection rights.

Indemnification

You agree to indemnify and hold SmartlyQ harmless from claims, losses, and expenses arising out of your content, your use of the Service, your communications with your contacts, your customers (including as a reseller or white-label partner), or your breach of these terms or of applicable law.

Suspension for Non-Payment or Abuse

In addition to our other rights, we may suspend or limit your access for non-payment, for suspected abuse or security risk, or to protect the Service or other users. Where practical and lawful, we will give notice and an opportunity to resolve the issue.

Export Controls and Sanctions

You may not use the Service if you are located in, or are a national of, a country or region subject to comprehensive sanctions, or if you are on a restricted-party list. You agree to comply with applicable export-control and sanctions laws.

Assignment and Change of Control

You may not assign these terms without our consent. We may assign these terms, including in connection with a merger, acquisition, or sale of assets. These terms bind and benefit the parties and their permitted successors.

Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including outages of third-party infrastructure, network failures, natural events, or acts of government.

Dispute Resolution and Consumer Rights (EU)

These terms are governed by Greek law, and, for matters not otherwise resolved, the courts of Athens, Greece have jurisdiction, without prejudice to any mandatory consumer-protection rights you have under the law of your country of residence.

If you are a consumer in the EU, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr. We encourage you to contact us first at support@smartlyq.com so we can try to resolve any issue directly.