Terms of Service

Effective Date: September 12, 2023

1. Acceptance of Terms

Welcome to Smudge.ai, a browser extension that uses artificial intelligence to transform text according to your instructions. These Terms of Service (“Terms”) outline your rights and responsibilities when using Smudge.ai (“the Service”), provided by Oceanic Labs, LLC (“we,” “us,” or “our”). By using Smudge.ai, you agree to abide by these Terms. If you do not agree to these Terms, please do not use the service.

2. Registration and Access

You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf. You must provide accurate and complete information to register for an account. You may not make your access credentials or account available to others, and you are responsible for all activities that occur using your credentials.

3. Usage Requirements

Use of Services. You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things, we may use it without restriction or compensation to you.

Restrictions. You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) represent that output from the Services was human-generated when it is not or otherwise violate our upstream partner OpenAI’s Usage policies; (iii) sell or transfer License Keys without our prior consent.

Third Party Services. Any third party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.

4. Use of AI and Acceptable Content

Smudge.ai relies on artificial intelligence powered by our upstream partner, OpenAI. You must ensure that the text and prompts you provide comply with OpenAI’s Acceptable Use Policy and Terms of Use. We reserve the right to suspend or terminate your access to Smudge.ai if you violate this policy or use the service for malicious, illegal, or unethical purposes.

4.1 Prohibited Uses

Critical Purposes. You may not use Smudge.ai for any critical, life-threatening, legal, medical, financial, or similarly consequential purposes. The service is intended for personal or professional use only where inaccuracies generated by the AI do not pose any risk.

Academic Dishonesty. You are strictly prohibited from using Smudge.ai for academic dishonesty, including but not limited to cheating, plagiarism, or producing work that violates academic integrity policies.

5. Service Availability

Smudge.ai and our upstream partner OpenAI may experience downtime or periods of reduced availability due to maintenance, updates, technical issues, or other factors. We will make reasonable efforts to minimize disruptions, but we cannot guarantee uninterrupted access to the service.

6. Accuracy of AI Outputs

The outputs generated by the AI are generated based on the provided input and instructions. However, please be aware that: (i) The outputs from the AI may contain inaccuracies or errors. You are responsible for verifying the accuracy of any information provided by the AI. (ii) While the AI strives to follow your instructions, it may occasionally produce outputs that do not adhere to your instructions.

7. User Responsibilities

You agree to use Smudge.ai responsibly and ethically. You are solely responsible for the content you input, transform, or share using the service. You must not use Smudge.ai for:

  • Violating any applicable laws or regulations.
  • Producing harmful, defamatory, or inappropriate content.
  • Engaging in activities that could compromise the security or integrity of the service or its users.
  • Any activity disallowed by our partners at OpenAI. (See Usage Policies.)

8. Termination

We reserve the right to suspend or terminate your access to Smudge.ai at our discretion, with or without cause. Termination may result from violations of these Terms or any other disruptive or harmful behavior.

9. Payments

9.1 Subscription

The subscription plan is available for a monthly recurring fee and includes a monthly credit allowance, which can be used for text transformations. The consumption of credits for text transformations is determined based on the combined length of the text provided, the prompt, and the output text.

9.2 Additional Top-Up Credits

In addition to the monthly credit allowance included in the subscription plan, users have the option to purchase additional top-up credits separately. These top-up credits do not expire and can be used at any time, but an active subscription is required to utilize them.

9.3 Payment Authorization

By subscribing to our service and providing payment information, you authorize us to charge your chosen payment method for the applicable fees. You agree to keep your payment information accurate, current, and up-to-date to avoid any disruptions in service.

9.4 Billing Cycle and Renewal

Subscriptions are billed on a monthly basis and automatically renew unless canceled. The billing cycle begins on the date of subscription activation and continues on the same day each subsequent month.

9.5 Price Changes

We reserve the right to modify the subscription fees or the price of additional credits at any time. We will notify you of any such changes in advance, and you will have the option to cancel your subscription if you do not agree to the updated fees.

9.6 Refunds

For the initial subscription payment, we offer a refund during the first month prorated based on the number of unused credits. For monthly subscription cycle renewals, we do not provide refunds. For top-up credits, we offer refunds within 7 days of the purchase date, provided that the credits have not been used. To request a refund, please contact our support team at billing@smudge.ai.

9.7 Paid Access to Service

Smudge.ai is a paid service. Failure to make timely payments will place your subscription into an inactive state. At the end of the billing period, you will lose access to the service. You can at any time renew or reactivate an inactive subscription in order to restore your access.

You retain full ownership and intellectual property rights to the text outputs created by you using Smudge.ai, provided the source content is your original work and was not derived from copyrighted or trademarked material owned by others, and that these outputs were created in accordance with this agreement. While you own the outputs created using Smudge.ai, if you choose to use or display those outputs it is your responsibility to ensure that the source material (input text) complies with applicable copyright and trademark laws. You must not republish copyrighted, trademarked, or protected materials without proper authorization or licensing, even if the materials underwent a transformation by the Service. Violating the intellectual property rights of others is strictly prohibited.

11. Service Disclaimer

Your use of Smudge.ai is provided “as-is,” and we make no warranties or guarantees regarding its performance, accuracy, or availability. By using the service, you acknowledge and agree to the following:

11.1 Service Outages and Downtime

Smudge.ai and its upstream partners, including OpenAI, may experience temporary service outages, maintenance periods, or other forms of downtime. These interruptions may impact your ability to access or use the service. We will make reasonable efforts to minimize disruptions but cannot guarantee uninterrupted service.

11.2 AI-Generated Responses

AI-generated responses provided by Smudge.ai are generated based on the input and available AI models. While we strive for accuracy and quality, these responses may occasionally be incorrect, incomplete, or not fully aligned with your expectations. You are responsible for verifying and assessing the suitability of the AI-generated content.

11.3 Service “As-Is”

Smudge.ai is provided “as-is,” without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee specific results or outcomes from using the service.

11.4 Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of your use or inability to use Smudge.ai.

11.5 Use at Your Own Risk

Your use of Smudge.ai is at your own risk, and you are solely responsible for any consequences, including data loss, arising from your use of the service.

11.6 No Guarantee of Continuity

We do not guarantee the continued availability of Smudge.ai or specific features and may modify, suspend, or discontinue the service or its features at any time without prior notice.

By using Smudge.ai, you acknowledge these disclaimers and limitations of liability and agree that your use of the service is at your own discretion and risk.

12. Changes to Terms

We may update these Terms from time to time. Your continued use of Smudge.ai after such updates constitutes acceptance of the revised Terms.

13. Company information

Smudge.ai is operated by Oceanic Labs, LLC, a Nevada limited liability company located at:

6628 Sky Pointe Dr. Ste 129-1220 Las Vegas, NV 89131 USA