Terms of Service
These Terms of Service ("Terms") govern your access to and use of Smighty.ai, Studio, APIs, and related document intelligence services provided by Smighty AI, Inc. ("Smighty," "we," "us," or "our"). By accessing or using the Services, you agree to these Terms.
Services
Smighty provides tools for parsing, extracting, classifying, editing, redacting, reviewing, and automating workflows for documents and related data. Features may include file uploads, cloud imports, batch processing, APIs, AI-generated outputs, job history, usage tracking, and billing.
Accounts and Access
You are responsible for maintaining the confidentiality of your account credentials, API keys, and access tokens. You are responsible for all activity under your account. You must provide accurate account information and promptly notify us of unauthorized access or security incidents involving your account.
Customer Content
"Customer Content" means documents, files, prompts, schemas, instructions, data, and other materials that you submit to the Services, along with outputs generated from them. You retain ownership of your Customer Content. You grant Smighty a limited license to host, process, transmit, display, and use Customer Content only as needed to provide, secure, support, and improve the Services and as otherwise described in our Privacy Policy.
You represent that you have the rights and permissions necessary to submit Customer Content to the Services and to authorize Smighty to process it.
Customer Content Deletion
You may request deletion of account data or Customer Content by contacting us at joy@smighty.ai. After we verify that the request is authorized, we will delete or de-identify requested account and document data from active systems within 30 days unless retention is required or permitted for legal, security, billing, audit, backup, or dispute-resolution purposes. Backup copies are deleted or overwritten according to the applicable backup lifecycle.
Google Drive and Third-Party Services
If you connect Google Drive or another third-party storage service, you authorize Smighty to access selected files, or configured storage locations for non-Google storage, for the purpose of importing and processing those files through the Services. Your use of third-party services remains subject to their own terms and policies.
Acceptable Use
You may not use the Services to:
- Violate laws, regulations, contracts, or third-party rights.
- Upload or process content you are not authorized to use.
- Attempt to gain unauthorized access to systems, accounts, data, or networks.
- Interfere with or disrupt the Services, including through abuse, excessive requests, scraping, or security testing without permission.
- Submit malicious code, malware, or content intended to compromise systems or data.
- Use outputs as the sole basis for decisions that require professional judgment, legal review, financial review, medical review, or human oversight.
AI Outputs and Review
The Services may use AI and automated processing. Outputs may be incomplete, inaccurate, or unsuitable for your intended use. You are responsible for reviewing outputs, validating extracted data, and determining whether outputs are appropriate for your use case. Smighty does not provide legal, financial, tax, medical, compliance, or other professional advice.
Fees and Billing
Paid plans, usage-based fees, credit purchases, and billing terms are presented in the Services or in an applicable order form. You agree to pay all fees incurred under your account. Fees are non-refundable except as required by law or stated in a separate written agreement.
If you purchase the Services through AWS Marketplace, AWS Marketplace is the billing provider for the Marketplace subscription. Marketplace pricing dimensions, usage charges, renewal terms, and applicable taxes are handled through AWS Marketplace under the applicable AWS Marketplace listing or private offer. Smighty does not request or store payment card or bank account details for AWS Marketplace purchases. Changes, renewals, cancellations, and refunds for AWS Marketplace purchases are handled through AWS Marketplace unless a separate written agreement says otherwise.
Confidentiality
Each party may receive confidential information from the other. The receiving party will use reasonable care to protect confidential information and will use it only for purposes of these Terms, except where disclosure is required by law.
Security
Smighty uses reasonable safeguards designed to protect the Services and Customer Content. You are responsible for configuring your use of the Services appropriately, managing user access, protecting credentials and API keys, and maintaining backups of Customer Content where appropriate.
You must promptly notify Smighty of suspected unauthorized access, exposed API keys, compromised credentials, or security incidents involving your account by emailing joy@smighty.ai with the subject line "Security Incident." Smighty reviews security reports, investigates confirmed issues, takes remediation steps as appropriate, and notifies affected customers when required by law, contract, or our security obligations.
Intellectual Property
Smighty and its licensors own all rights in the Services, software, documentation, designs, trademarks, and technology, except for Customer Content. These Terms do not grant you any rights to Smighty intellectual property except the limited right to use the Services as permitted by these Terms.
Suspension and Termination
We may suspend or terminate access to the Services if you violate these Terms, create security or legal risk, fail to pay amounts due, or use the Services in a way that may harm Smighty, users, or third parties. You may stop using the Services at any time.
Disclaimers
The Services are provided "as is" and "as available." To the maximum extent permitted by law, Smighty disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of Liability
To the maximum extent permitted by law, Smighty will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, goodwill, or business interruption. Smighty's aggregate liability for claims relating to the Services will not exceed the amounts paid by you to Smighty for the Services during the twelve months before the event giving rise to the claim.
Indemnification
You will defend, indemnify, and hold harmless Smighty from claims, damages, liabilities, losses, and expenses arising from your Customer Content, your use of the Services, or your violation of these Terms or applicable law.
Changes to These Terms
We may update these Terms from time to time. If changes are material, we will provide notice as required by law or through the Services. Your continued use of the Services after changes become effective means you accept the updated Terms.
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles, unless applicable law requires otherwise.
Contact
Questions about these Terms may be sent to joy@smighty.ai.