Terms of Service

1. Acceptance of These Terms & Eligibility

By accessing or using our website, purchasing or using a product or service that references these Terms, or otherwise agreeing to these Terms through an electronic acceptance process, you agree to be bound by them.

If you use our services on behalf of a company or other organization, you represent that you have authority to bind that organization to the applicable terms.

You must be legally capable of entering into a binding agreement. Individual products may have separate age ratings or eligibility requirements, which also apply.

2. Website, Products & Services

SmartChat Innovations develops and publishes software products and may provide custom software, mobile application, website, integration, maintenance, consulting, troubleshooting, and related development services.

Features, supported platforms, pricing, availability, technical requirements, and product functionality may vary by product or service and may change over time. Product pages, app-store listings, written proposals, statements of work, and other transaction-specific materials may provide additional details.

3. Separate Product, Project & Client Agreements

A particular transaction may be governed by additional terms, including a software license or end-user license agreement, product-specific terms, a written proposal, quote, statement of work, development agreement, maintenance agreement, app-store terms, or other written contract.

If those additional terms conflict with these general Terms, the more specific terms control for the subject matter they address.

4. Accounts, Contact Information & Accuracy

Some products or third-party services may require an account even when a SmartChat Innovations product itself does not. Where you provide information to us, you agree not to knowingly provide false, misleading, fraudulent, or unauthorized information.

You are responsible for protecting credentials for accounts you control and for activity occurring through those accounts. Do not send passwords, private keys, payment credentials, or other sensitive authentication information through our general website contact form.

5. Acceptable Use

You may not use our website, products, or services to:

• Violate applicable law or the legal rights of another person or organization.
• Introduce malware, malicious code, destructive content, or unauthorized automated access.
• Attempt to bypass security controls, licensing restrictions, access controls, rate limits, or technical protections except where applicable law expressly permits such activity.
• Interfere with, overload, disrupt, damage, or gain unauthorized access to our systems or those of our service providers.
• Use our services to impersonate another person, commit fraud, misrepresent affiliation, or facilitate unlawful conduct.
• Submit content you do not have the right to provide or that infringes intellectual-property, privacy, confidentiality, or other rights.

Nothing in these Terms prohibits lawful security research, interoperability, reverse-engineering, accessibility, repair, or other activity to the extent that a restriction would be unenforceable under applicable law.

6. SmartChat Innovations Intellectual Property

Except for materials owned by third parties or rights expressly granted in a separate agreement, SmartChat Innovations and its licensors retain all right, title, and interest in our website, branding, software, product designs, documentation, interfaces, original content, source code, object code, reusable libraries, frameworks, tools, processes, know-how, and other intellectual property.

Purchasing a product or service does not transfer ownership of SmartChat Innovations intellectual property except where a separate written agreement expressly provides for a transfer.

Software products are licensed, not sold, except to the extent applicable law or a specific written agreement provides otherwise. The scope of a software license may be described in product-specific terms, an app-store license, or another applicable agreement.

7. User-Provided Content & Project Materials

You retain ownership of materials you provide to us, subject to any rights held by others. You represent that you have the rights and permissions needed for us to use those materials for the purpose for which you provide them.

When you send us project information, files, screenshots, logos, text, designs, feedback, or other materials, you grant SmartChat Innovations a limited, non-exclusive right to receive, store, copy, review, test, modify, display internally, and otherwise use those materials as reasonably necessary to respond to your request, evaluate or perform the applicable work, provide support, comply with law, or protect our rights.

This provision does not give SmartChat Innovations ownership of your private project materials or the right to publicly disclose confidential materials merely because you submitted them.

8. AI-Enabled Features

Some SmartChat Innovations products or services may include artificial-intelligence or machine-learning functionality. AI-generated or AI-assisted outputs can contain errors, omissions, outdated information, or unexpected results.

Unless a product-specific agreement expressly states otherwise, AI-enabled features are tools intended to assist users and are not a substitute for qualified professional judgment. Do not rely solely on AI output for legal, medical, financial, safety-critical, emergency, or other high-stakes decisions.

Data handling for AI features depends on the architecture of the applicable product. Products described as using local or on-device AI process the identified data locally as explained in their applicable privacy disclosures.

9. Third-Party Platforms, Components & Services

Our website, products, or client work may depend on or interact with third-party services such as app stores, operating systems, payment processors, hosting providers, APIs, libraries, SDKs, open-source components, communication providers, or customer-selected platforms.

Third-party products and services are governed by their own terms and may change, suspend, discontinue, restrict, or modify functionality independently of SmartChat Innovations. We are not responsible for third-party acts or omissions that are outside our reasonable control.

Open-source components remain subject to their applicable open-source licenses, which control where they conflict with these Terms.

10. Purchases, Fees, Billing & Taxes

Prices and payment terms are those displayed or agreed at the time of purchase or in an applicable proposal, quote, invoice, statement of work, app-store listing, or other written agreement.

You agree to pay authorized charges when due. You are responsible for applicable taxes, duties, or government charges unless the applicable transaction states that they are included or SmartChat Innovations is legally responsible for them.

Where recurring billing is offered, renewal frequency, price, cancellation method, and any required renewal disclosures will be presented with the applicable plan or purchase terms. We will not treat all SmartChat Innovations products as subscriptions unless the applicable product is actually sold on a recurring basis.

11. Refunds, Cancellations & Payment Disputes

Refund and cancellation eligibility is governed by our Refund Policy and any more specific purchase, app-store, marketplace, proposal, invoice, project, or client agreement that applies to the transaction.

Nothing in these Terms or our Refund Policy limits non-waivable refund, cancellation, chargeback, warranty, or other consumer rights provided by applicable law.

If you believe a charge is incorrect, we encourage you to contact us promptly so we can investigate and attempt to resolve the issue.

12. Software Updates, Changes & Availability

We may provide bug fixes, patches, security changes, feature updates, performance improvements, compatibility updates, or other software changes. Some updates may be necessary for security, compatibility, or continued functionality.

We may modify, replace, suspend, or discontinue features or services when reasonably necessary for product development, security, legal compliance, third-party platform changes, technical limitations, or business reasons. Where a change materially affects a paid ongoing service, we will provide notice when required by applicable law or the applicable agreement.

We do not guarantee that every product will remain compatible with every device, operating-system version, third-party platform, or hardware configuration indefinitely.

13. Disclaimers

To the maximum extent permitted by applicable law, the website and products or services governed solely by these Terms are provided on an "as is" and "as available" basis, except for express warranties or commitments stated in a separate written agreement or required by law.

We do not warrant that every feature will be uninterrupted, error-free, completely secure, compatible with every device or third-party service, or suitable for every user's particular purpose.

SmartChat Innovations does not guarantee business results such as revenue, traffic, leads, conversions, rankings, downloads, sales, or profitability from the use of our products or services.

14. Limitation of Liability

To the maximum extent permitted by applicable law, SmartChat Innovations LLC and its owners, officers, employees, contractors, and agents will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost business opportunity, loss of goodwill, or loss of data, arising out of or related to products, services, or these Terms, even if advised that such damages were possible.

To the maximum extent permitted by law, our aggregate liability for a claim governed solely by these Terms will not exceed the greater of (a) the amount you actually paid to SmartChat Innovations for the specific product or service giving rise to the claim during the twelve months before the event giving rise to liability, or (b) one hundred U.S. dollars (US $100) if no amount was paid.

A separate written client, development, support, or product agreement may establish a different liability allocation for that transaction, and that specific agreement will control where applicable.

These limitations do not exclude liability that cannot lawfully be excluded or limited.

15. Indemnification

To the extent permitted by law, if you use our products or services on behalf of a business or organization, you agree to defend, indemnify, and hold harmless SmartChat Innovations LLC and its owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, judgments, and reasonable costs arising from:

• Your unlawful use or material misuse of the applicable product or service.
• Materials you provide that infringe or violate a third party's rights.
• Your material violation of these Terms or an applicable law.

This section does not require indemnification for claims caused by SmartChat Innovations' own unlawful conduct to the extent such indemnification is prohibited by law.

16. Suspension & Termination

We may suspend or terminate access to a hosted service or business relationship when reasonably necessary because of nonpayment, material breach, fraud, unlawful conduct, abuse, security risk, or a legal requirement, subject to any notice or cure rights in an applicable agreement or required by law.

Termination of a hosted service does not automatically revoke rights in separately licensed downloadable software unless the applicable license provides otherwise. Provisions that by their nature should survive termination—including intellectual property, payment obligations, warranty disclaimers, liability limitations, dispute provisions, and accrued rights—will survive as legally appropriate.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of North Carolina, United States, without regard to conflict-of-law principles, except where applicable law requires a different rule.

Before filing a lawsuit concerning a dispute governed solely by these Terms, the parties agree to make a reasonable good-faith effort to resolve the dispute informally. A party may send a written dispute notice describing the issue and requested resolution.

If the dispute is not resolved informally, and unless a separate written agreement requires another forum or applicable law provides otherwise, the parties consent to the state and federal courts with jurisdiction in North Carolina for disputes arising from these Terms.

18. Changes to These Terms

We may update these Terms to reflect changes in our website, products, services, technology, business practices, or legal obligations. The effective date at the top of this page identifies the current version.

Changes generally apply prospectively. If a material change affects an existing paid relationship, we will provide any notice or obtain any consent required by applicable law or the specific agreement governing that relationship.

19. Miscellaneous

Entire agreement

These Terms, together with policies and additional terms expressly incorporated into them, form the agreement governing matters covered solely by these Terms. More specific written agreements remain controlling for their subject matter.

Severability

If a provision is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect unless the law requires a different result.

No waiver

Failure to enforce a provision does not waive the right to enforce it later.

Assignment

You may not assign rights or obligations under these Terms in a manner that would materially increase our obligations without our consent, except where applicable law provides otherwise. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all relevant assets or business, subject to applicable law.

Electronic communications

Where the parties agree to transact electronically, electronic records, notices, and acceptance methods may be used as permitted by applicable law. You are responsible for maintaining an email address or other contact method reasonably capable of receiving notices relating to an applicable transaction.

Consumer reviews

Nothing in these Terms restricts your right to provide an honest review, assessment, or opinion about SmartChat Innovations, its products, services, or customer service.

20. Contact Us

Questions about these Terms may be directed to: