Terms of Service
Last updated: April 4, 2025
Welcome to Smart Palette. These Terms of Service ("Terms") govern your access to and use of the website located at https://smartpalette.io ("Website") and all related services provided by Smart Palette (collectively, "Services"). By using our Services, you agree to these Terms. If you do not agree, please do not use our Services.
1. Eligibility
You must be at least thirteen (13) years old to use the Services. Users under eighteen (18) must have parental consent. By accessing our Services, you represent and warrant you meet these eligibility requirements.
2. User Accounts and Credits
To use certain Services, you must create an account. You agree to provide accurate information and keep your account secure. You are responsible for all activity under your account. If you suspect unauthorized use, notify us immediately at support@smartpalette.io.
When purchasing a credit plan, you will receive a specific number of credits, each valid for one artwork generation request. Credits are non-refundable and non-transferable.
3. Ownership of Artwork
You retain full ownership and intellectual property rights in any artwork you generate using the Services. Smart Palette does not claim any rights to user-generated artwork.
4. AI-Generated Content and Third-Party APIs
Smart Palette uses artificial intelligence (AI) technologies to generate artwork based on user input. While the final image is rendered by third-party services, the underlying prompt generation logic, model configuration, and design logic are developed exclusively by Smart Palette.
By using our Services, you acknowledge and agree that:
- All artwork generated through Smart Palette is created using third-party rendering APIs.
- Smart Palette does not claim ownership of the underlying models, algorithms, or infrastructure used by these services.
- You retain ownership of the artwork generated through our platform; however, you may not falsely represent AI-generated content as entirely human-created.
- We encourage transparency when sharing or publishing AI-generated artwork outside the platform.
Use of third-party APIs is subject to the respective terms and policies of those providers. Smart Palette is not liable for output inaccuracies, content limitations, or service interruptions resulting from these tools.
5. Ordering and Shipping
Smart Palette allows you to order physical prints of your generated artwork. Our printing and fulfillment partner is Finerworks, located in Texas, USA. You agree to provide accurate shipping information. Smart Palette is not responsible for orders sent to incorrect addresses.
Smart Palette is not liable for any issues related to fulfillment, shipping delays, damage, or loss of goods handled by Finerworks. Any disputes regarding print orders should be directed to Finerworks.
6. Payments and Refunds
Payments are securely processed via Stripe. All credit purchases and payments for print orders are final. Refunds for print orders are handled by our fulfillment partner, Finerworks, based on their policies.
Smart Palette is not liable for issues arising from payment processing, including unauthorized transactions, which should be addressed directly with Stripe.
7. Data Collection
Smart Palette collects personal information (name, email, shipping address) and non-personal data through cookies to enhance your experience. Payment details are processed by Stripe. Please review our Privacy Policy at https://smartpalette.io/privacy-policy.
8. Third-Party Services
Smart Palette uses third-party technologies and APIs to facilitate certain features and services. By using our Services, you acknowledge and agree that Smart Palette is not responsible for the accuracy, availability, or reliability of third-party services. Any issues or liabilities arising from third-party services are governed by the respective terms of those third-party providers.
9. User Content and Licenses
By using the Services, you grant Smart Palette a non-exclusive, worldwide, royalty-free license to store, display, and use your user-generated artwork solely for the purpose of operating, promoting, and improving our Services. You represent and warrant that you have the necessary rights to grant this license.
10. Prohibited Conduct
You agree not to use the Services to:
- Engage in illegal activities or upload content violating third-party rights.
- Misrepresent artwork generated by the Services.
- Attempt unauthorized access or interference with our systems.
Smart Palette reserves the right to terminate accounts violating these rules.
11. Account Termination and Suspension
Smart Palette may suspend or terminate your account without notice if you violate these Terms, engage in illegal activities, or otherwise misuse the Services. Upon termination, your access to the Services will immediately cease.
12. Intellectual Property Rights
All rights, titles, and interests in and to the Services (excluding user-generated artwork) are owned by Smart Palette. You agree not to copy, modify, distribute, or reverse engineer any part of the Services without our explicit permission.
13. Governing Law
These Terms are governed by the laws of Greece, without regard to its conflict of law principles.
14. Changes to the Terms
We reserve the right to update these Terms at any time. Users will be notified of significant changes via email. Continued use of the Services after such notification constitutes acceptance of the updated Terms.
15. Disclaimer and Limitation of Liability
Smart Palette provides the Services on an "AS IS" basis without warranties of any kind. We are not liable for any damages resulting from your use of the Services beyond the amount paid by you for the specific service causing the claim.
16. Contact Information
For questions regarding these Terms, contact us at support@smartpalette.io.