These Terms govern your use of BuildSmarter Marketing AI (the “Service”), operated by BuildSmarter Holdings. By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who may use the Service
The Service is intended for businesses, not consumers. You may use it only if you are at least 18 years old, authorized to bind the business you represent, and not barred from using the Service under U.S. law or the laws of your jurisdiction.
2. Accounts
You are responsible for the activity on your account, the confidentiality of your credentials, and the accuracy of the information you submit (including your Brand Profile inputs, uploaded files, and voice samples).
3. Acceptable use
You agree not to:
- Use the Service to generate content that is defamatory, deceptive, infringes third-party rights, or violates applicable law.
- Probe, reverse engineer, or attempt to circumvent the Service’s security, rate limits, or access controls.
- Use the Service to compete with BuildSmarter (for example, by training a competing model on outputs).
- Resell, sublicense, or expose the Service to third parties without a written agreement.
4. AI-generated content
The Service uses third-party large language models (currently Anthropic Claude) to generate marketing drafts. Outputs are starting points, not finished work. You are responsible for reviewing every piece of output before publishing it. See our AI Disclosure for the specifics.
5. Ownership
You own the inputs you provide. You own the outputs the Service generates from your inputs, subject to these Terms and applicable law. We retain ownership of the Service itself — the software, agents, system prompts, evals, and infrastructure.
You grant BuildSmarter a limited license to process your inputs and outputs as necessary to operate the Service, including transmitting them to the model provider and storage subprocessors listed in our Privacy Policy.
6. Fees
The Service is offered on the subscription plans listed at sign-up. Fees are billed in advance and non-refundable except where required by law. We may change pricing with at least 30 days’ notice; the new pricing applies to the next renewal.
7. Termination
You may cancel your subscription at any time from your account settings; access continues through the end of the paid period. We may suspend or terminate accounts that violate these Terms, with notice when practical.
On termination we delete your data within 30 days, except where law requires us to retain it (for example, billing records).
8. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AI-GENERATED OUTPUTS ARE ACCURATE, CURRENT, OR FIT FOR A PARTICULAR USE.
9. Limitation of liability
To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim. Neither party is liable for indirect, incidental, special, consequential, or punitive damages.
10. Indemnity
You will defend and indemnify BuildSmarter against third-party claims arising from your use of the Service in violation of these Terms or applicable law.
11. Governing law
These Terms are governed by the laws of the State of Texas, without regard to its conflicts-of-law rules. Any dispute will be resolved in the state or federal courts located in Dallas County, Texas.
12. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced via email or in-product notice at least 30 days before they take effect. Continued use of the Service after a change constitutes acceptance.
Contact
Questions about these Terms can be sent to legal@buildsmarter.ai.