Last Updated: [____ , 20]
Company: SmartExpert Inc. (d/b/a “ContentBuilder”)
Address: 690 Saratoga Ave, 1st floor, San Jose, CA 95129, United States
Contact (legal): [email protected]
By accessing or using ContentBuilder’s websites, applications, APIs, software, tools, data, or documentation (collectively, the “Services”) in any manner, you agree to be bound by these Terms of Use (“Terms”).
If you do not agree to these Terms, you must not access or use the Services.
If you accept these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity.
These Terms (together with referenced policies) constitute the entire agreement between you and SmartExpert Inc. regarding your use of the Services.
Our data practices are described in our Privacy Policy.
Our [Data Processing Addendum (DPA)] applies automatically where required under applicable data protection laws (e.g., GDPR, UK GDPR, Swiss FADP).
We process data under the legal bases of contract performance, legitimate interests (security and improvement), and consent (where required by law).
We may retain system logs for up to 30 days for abuse detection and integrity purposes, unless otherwise required by law or contract.
We grant you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.
You may not:
You are responsible for safeguarding your account credentials and for all activity under your account.
You retain all rights to your Inputs and Outputs.
We do not claim ownership of your Outputs, but Outputs may not be unique and may contain material similar to that generated for others.
Unless otherwise agreed in writing (e.g., under an Enterprise Agreement), you grant ContentBuilder a limited, worldwide, royalty-free license to host, process, and display your Inputs and Outputs for the purposes of:
You may opt out of having your data used for service improvement by contacting [email protected].
We treat your Inputs and Outputs as your Confidential Information, except where publicly shared or required by law.
Descriptions of plans, features, limits, and prices are available on our [Pricing Page] and may be updated from time to time.
Financial and procedural details are governed by our [Billing & Subscription Policy], which takes precedence in case of conflict.
Credits and add-ons are non-refundable and expire as described in that Policy.
The Services may integrate with third-party products (e.g., Notion, Google Drive, Slack, Zapier).
We do not control or assume responsibility for their performance, and you must comply with their terms.
We may disable or modify integrations without notice for legal, security, or technical reasons.
The Services, including all software, content, design, databases, and branding, are owned by the Company or its licensors and protected by intellectual property laws.
No rights are transferred except those expressly granted in these Terms.
All rights not expressly granted are reserved.
If you believe material within the Services infringes your copyright, send a notice to:
DMCA Agent
SmartExpert Inc. (Legal Department)
690 Saratoga Ave, 1st floor, San Jose, CA 95129, United States
Email: [email protected]
Your notice must include all elements required under the DMCA (17 U.S.C. § 512).
Content, projects, and data created within a Workspace are owned and controlled by the Workspace owner (the organization or individual who created or administers the Workspace).
Workspace owners determine access permissions, manage users, and may delete, export, or transfer Workspace content at any time in accordance with applicable law and these Terms.
If you create or upload content within a Workspace, such content may be accessible to other Workspace members according to Workspace settings.
Your personal account is separate from any Workspace you join.
If you leave a Workspace or your access is revoked, you may lose access to Workspace content, projects, or shared data.
We are not responsible for recovering or transferring Workspace content to personal accounts unless required by applicable law.
Workspace administrators may have access to member names, emails, roles, activity logs, metadata, and usage analytics within their Workspace (e.g., generations, storage, connectors).
We process this data solely to support Workspace management, billing, security, and compliance, as described in our Privacy Policy.
Upon deletion of a Workspace by its owner or authorized admin, associated content and data may be permanently removed after a retention period (typically 30 days), unless retention is required for legal, billing, security, or backup integrity purposes.
We are not responsible for retained backups beyond that period.
If you access or use our API or developer tools, you must comply with our API documentation and usage limits.
You may not resell, redistribute, or create competing products using our API.
We may monitor, rate-limit, or revoke API access at any time to protect the integrity of the Services.
You are solely responsible for how you use AI-generated Outputs.
You may not use Outputs to:
We may use automated systems to detect or restrict misuse.
The Services do not constitute professional advice (medical, legal, financial, or otherwise).
The Services may allow you to publish templates, prompts, or other assets ("Community Content").
By publishing Community Content, you grant other users a worldwide, royalty-free, sublicensable license to use and modify it within the Services.
We may remove Community Content that violates these Terms or applicable law.
Features labeled "beta," "preview," or "experimental" are provided "as is," may contain errors, and may be modified or discontinued at any time.
Use of such features is at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ContentBuilder and its affiliates are not liable for any indirect, special, incidental, consequential, or punitive damages (including loss of profits, data, or goodwill), even if advised of the possibility.
The total aggregate liability for any claim shall not exceed the greater of $100 or the amount paid by you to ContentBuilder in the twelve (12) months preceding the event giving rise to the claim.
You are responsible for complying with any applicable laws or platform rules requiring disclosure that content was generated with AI or ContentBuilder tools.
We may watermark or otherwise identify AI-generated content for transparency or compliance purposes.
You may not use or export the Services in violation of U.S. export control laws or sanctions.
We operate in compliance with applicable AI, privacy, and consumer protection laws, including the EU AI Act (when effective), GDPR, and California CPRA.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Except for small claims or intellectual-property disputes, all controversies shall be finally resolved by confidential arbitration under the AAA Consumer Arbitration Rules (https://www.adr.org/consumer), before one arbitrator in Santa Clara County, California.
You may opt out of arbitration by emailing [email protected] within 30 days of your first use of the Services.
Class actions and representative proceedings are waived to the maximum extent permitted by law.
This section survives termination of these Terms.
We may update these Terms and will indicate the “Last Updated” date above.
Material changes will take effect 30 days after notice (via email or in-product).
Continued use after such date constitutes acceptance of the revised Terms.
We maintain reasonable technical and organizational measures to protect your data against unauthorized access, disclosure, or loss, consistent with industry standards (e.g., SOC 2, ISO 27001).
SmartExpert Inc. (d/b/a “ContentBuilder”)
690 Saratoga Ave, 1st floor, San Jose, CA 95129, United States