Terms of Use

1.1. Overview of the Service

Welcome to SmoothLingo, a web application that allows you to generate text messages that are relevant to the context of a conversation with a user represented by a Match profile. SmoothLingo provides a platform for users to input details about matches, including the match's name, their profile bio, and the prompts they may have listed publicly, as well as a chat interface for capturing message conversations. Users can then generate potential messages to send back to their matches using third-party technologies (e.g., messaging applications) outside of SmoothLingo.

SmoothLingo can be used in a variety of contexts where users need to track and manage their interactions with others.

1.2. Acceptance of Terms

By signing up and using SmoothLingo, you agree to abide by these Terms and Conditions ("Terms"). Please read these Terms carefully before using our service. If you disagree with any part of these Terms, please do not use our service.

These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms.

3.1. Eligibility

To use the SmoothLingo service, 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. By using the Service, you confirm that you meet these eligibility requirements.

3.2. Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify SmoothLingo immediately if you become aware of any unauthorised use of your password or account.

3.3. Account Tiers

By default, upon registration, users are given access to the Standard Tier of the SmoothLingo service. Users may choose to upgrade to the Pro Tier at any time by subscribing to the Pro Tier subscription. For users who haven't redeemed it previously, we may offer a limited-time free trial of the Pro Tier, which extends to a monthly paid subscription if not cancelled before the end of the trial. The specific features and limitations of each account tier are described in the Definitions section of these Terms.

4.1. User Responsibilities

Users are responsible for all activity that occurs under their account, whether done so by the user themselves or any other person who uses the account. It is the user's responsibility to ensure the security of their account.

4.2. Prohibited Actions

Users may not engage in the following activities:

• Using the service for any illegal purpose or in violation of any local, national, or international laws,
• Violating or encouraging others to violate the rights of third parties, including intellectual property rights,
• Misusing our Service by interfering with its normal operation or attempting to access it using a method other than through the interfaces and instructions that we provide,
• Using the Service to generate or disseminate adult content, content meant to arouse sexual excitement, erotic chat, pornography, or any content that is in violation of OpenAI's use policy.

4.3. Message Generation and Match Limitations

Users must adhere to the limitations set forth by their account type. Users with a Standard account are limited to creating a maximum of 3 Matches and generating 15 messages per day. Users with a Pro account are allowed to generate up to 300 messages per day and maintain an unlimited number of Matches.

4.4. API Usage

Users agree to comply with the API usage policy set forth by OpenAI for the GPT API, which is used to generate messages in this Service. As per OpenAI's policy, data sent through the API will be retained for a maximum of 30 days for abuse and misuse monitoring purposes.

5.1. Payment Processing

Payment processing services for users on SmoothLingo are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a User on SmoothLingo, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SmoothLingo enabling payment processing services through Stripe, you agree to provide SmoothLingo accurate and complete information about you and your business, and you authorise SmoothLingo to share it and transaction information related to your use of the payment processing services provided by Stripe.

5.2. Pro Membership Subscription

SmoothLingo offers a Pro membership that is billed on a subscription basis (i.e., it will automatically renew at the end of each period unless cancelled by the user). Pro membership comes with additional features as described in these Terms and on our Service. The subscription is billed in advance and is non-refundable for the subscription period it is purchased for.

5.3. Free Trial

SmoothLingo may offer a limited-time free trial for the Pro membership. At the end of the free trial period, the subscription will automatically renew at the monthly rate unless cancelled by the user before the end of the free trial. Cancelling a trial period will cede the pro benefits immediately. Users will not be eligible for redeeming a free trial more than once.

5.4. Change to the Fee Structure

SmoothLingo reserves the right to change its fee structure and payment policies at any time. Any changes will be promptly posted on our Service or sent to users via email. It is the user's responsibility to keep their contact information up to date.

6.1. Privacy Policy

The use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge, consent and agree that SmoothLingo may collect, use, store and disclose your personal information as described in the Privacy Policy.

6.2. User Data

You retain all rights to your data that you send through the Service. By using the Service, you grant SmoothLingo a license to use, store, and process your data in accordance with our Privacy Policy.

6.3. Data Stored and Security

SmoothLingo takes the privacy and security of your data seriously. We implement industry-standard security measures to protect your data from unauthorised access, disclosure, alteration, or destruction.

6.4. Data Retention

As per OpenAI's policy, data sent through the API will be retained for a maximum of 30 days for abuse and misuse monitoring purposes. OpenAI will not use data submitted by customers via the API to train or improve their models.

6.5. Data Deletion

You can request the deletion of your data at any time by contacting our support using the details provided in the "Contact Us" section below. Please note that we may need to retain some of your data as required by law or for legitimate business purposes.

6.6. Third-Party Services

Our Service may contain links to other websites and services. We are not responsible for the privacy practices or the content of these third-party services. We recommend that you read the privacy policies of each website and service you visit.

7.1. User Content Licence

By submitting, posting or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed). This licence is for the purpose of operating, promoting, and improving our Services, and to develop new ones. You confirm and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any content that you submit.

7.2. User Content Responsibility

You are solely responsible for your content and the consequences of submitting and publishing your content on the Service. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit.

7.3. Content Removal

SmoothLingo reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

8.1. Ownership of Intellectual Property

All intellectual property rights in and to the Service, including but not limited to text, graphics, logos, and software, are owned by SmoothLingo, unless otherwise specified. Your use of the Service does not grant you ownership of any content, code, data, or materials you may access on or through the Service.

8.2. Copyright Infringement

SmoothLingo respects the intellectual property rights of others and expects its users to do the same. It is SmoothLingo's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.

8.3. Copyright Claims

If you believe that your content has been used in a way that constitutes copyright infringement, please notify support using the details provided in the "Contact Us" section below, and provide the following information: (1) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Service; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

9.1. Termination by SmoothLingo

SmoothLingo reserves the right to terminate or suspend your access to and use of the Service, at our sole discretion, at any time and without notice to you, if you are not complying with these Terms, or if you use the Service in any way that would cause us legal liability or disrupt others' use of the Service.

9.2. Termination by User

You may cancel your account at any time by contacting support using the details provided in the "Contact Us" section below.

9.3. Effect of Termination

Upon termination, discontinuation, or cancellation of the Service or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

9.4. Refund and Termination

If you terminate a subscription before the end of your current paid up month, your termination will take effect immediately and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.

10.1. General Disclaimers

The Service and all content, services and tools provided on or through the Service are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SmoothLingo makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

10.2. Message Generation

SmoothLingo does not guarantee that the messages generated through the use of the Service will be successful in achieving any specific outcomes, such as obtaining a positive response from a Match. The Service is intended to be a tool to assist users in their communications, and users are responsible for the content they choose to send.

10.3. Third-Party Links

SmoothLingo may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SmoothLingo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

10.4. Limitation of Liability

To the maximum extent permitted by applicable law, SmoothLingo shall not be liable for any 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, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (iii) unauthorized access, use or alteration of your transmissions or content.

13.1. Entire Agreement

These Terms constitute the entire agreement between you and SmoothLingo with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.

13.2. Waiver, Severability & Assignment

SmoothLingo's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. SmoothLingo may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

12.1. Contact Information

If you have any questions or concerns about this Privacy Policy or our data practices, or if you wish to exercise your rights as outlined in this Privacy Policy, please contact us at support@smoothlingo.com