Terms of Service - E-Smart

TERMS OF SERVICE

THE API (“AI POWERED TATTOO ARTIST”) IS OWNED AND OPERATED BY E-SMART CORP. (COLLECTIVELY “WE,” “US,” OR “OUR”). THESE TERMS OF SERVICE GOVERN YOUR LEGAL RIGHTS TO USE THE API (“AI POWERED TATTOO ARTIST”) (THE “SERVICE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU SIGNIFY YOUR ACKNOWLEDGEMENT AND ASSENT TO THE TERMS OF SERVICE SET FORTH BELOW. THESE TERMS (TOGETHER WITH OTHER USER AGREEMENTS, WHERE APPLICABLE) CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND E-SMART CORP.

 

Binding agreement

By using the Service, you agree to accept all of these Terms of Service, as well as any other operating rules, policies, and procedures that E-SMART CORP. may publish in relation to the Services from time to time. E-SMART CORP. reserves the right, at its sole discretion, to deny access to the Service to any individual or entity and to modify its eligibility criteria at any time.

Conditions of Use

By using this Service, you agree not to engage in any activities prohibited by the Terms of Service. «Content» encompasses all information, data, text, photographs, videos, scripts, graphics, and interactive features available through the Service. You must not (and must not allow others to) perform any actions, including contributing any Content, that: violate any applicable laws, rules, or regulations; infringe on the rights of others; are threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, or profane; constitute unauthorized or unsolicited advertising, junk mail, or bulk email; contain viruses or harmful code; or involve impersonation. Additionally, you must not: (i) take actions that place an unreasonable or disproportionately large load on E-SMART CORP. infrastructure; (ii) interfere with the proper functioning of the Service or any activities on it; or (iii) bypass any measures used by E-SMART CORP. to control access to the Service.

Use for Commercial Purposes

To use the API («AI powered tattoo artist») for commercial purposes, such as to integrate this technology into products and services, you are required to purchase a subscription. You may choose the subscription plan that best suits your needs on our website (https://e-smart.io). It is your responsibility to select the appropriate plan based on your requirements and usage. All fees are non-refundable, unless otherwise stated herein. Failure to comply with this requirement constitutes a breach of these Terms of Service.

Non-Commercial Use

You are prohibited from reselling or redistributing API («AI powered tattoo artist»), whether for profit or not.  Any attempt to sell or share the service without explicit authorization is a violation of the terms of our service. Violation of this policy may result in termination of access our service.

Changes to the Terms of Service

E-SMART CORP. reserves the right to update or replace any part of the Terms of Service, or to modify, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content). Such changes will be communicated by posting a notice on the E-SMART CORP. website. It is your responsibility to review the Terms of Service periodically for updates. Your continued use of the Service after any changes are posted signifies your acceptance of those changes.

 

Intellectual Property

You acknowledge that the API («AI powered tattoo artist») belongs to E-SMART CORP., and you are only authorized to use it as specifically outlined in these Terms of Service. Additionally, you agree that E-SMART CORP. has the right to utilize, modify, adapt, publish, create derivative works from, distribute and display any content generated by the API («AI powered tattoo artist») (either wholly or partially) globally, and integrate it into other works using any existing or future forms of media or technology, for the entire duration of any applicable rights.

Limitation of Liability

E-SMART CORP., its directors, employees, agents, partners, suppliers, or content providers shall not be liable for any consequential damages arising out of or in connection with the service, including but not limited to lost profits and data loss.

Governing Law

These Terms of Service will be interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any choice of law or conflict of law principles.

Miscellaneous

The Terms of Service constitute the complete agreement between you and E-SMART CORP. regarding the Service. These terms are specific to you and cannot be assigned or transferred without prior written consent from E-SMART CORP. We reserve the right to assign, transfer, or delegate any of its rights and obligations without requiring consent. No agency, partnership, joint venture, or employment relationship arises from the Terms of Service, and neither party has the authority to bind the other in any manner.

Contact Information

For official inquiries concerning the Service, we invite you to reach out to us via email at [email protected] or through our contact form at https://e-smart.io/#contact-form.