Terms of Service

1. Acceptance of Terms

Welcome to Smartsnip! By downloading, installing, or using the Smartsnip application or related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). These Terms form a binding legal agreement between you (the user) and the Smartsnip team ("we," "us," or "our"). If you do not agree with any part of these Terms, you must not use the Service.

2. Description of the Service

Smartsnip is a digital software application that enables users to interact with AI chat models both locally (on your device) and via cloud-based services. With Smartsnip, you can capture screenshots (snips) of your screen and send the extracted content to AI models, engage in chat with various AI models, and utilize other AI-powered features:

• Free Plan: Users on the free tier receive 5 cloud usage credits (for calling cloud-based AI models) and unlimited access to local AI models on their own device.
• Paid Plans (Basic and Plus/Education): We offer subscription plans (e.g., Basic and Plus/Education) that provide expanded monthly cloud usage credits and additional features. The specifics of these plans (such as pricing, the number of credits, and any educational discounts) are available on our website. Paid plan subscribers also have unlimited local model usage.

All payments for subscriptions are handled through our website via Stripe, our third-party payment processor. Smartsnip itself does not process or store your credit card information (see Payments and Subscriptions below for details).

3. Eligibility and Account Registration

Minimum Age: You must be at least 13 years old to use Smartsnip. If you are under the age of majority in your jurisdiction (typically 18 years old in most EU countries and elsewhere), you may only use the Service under the supervision and with the consent of a parent or legal guardian. By using the Service, you represent and warrant that you meet these age requirements. We do not knowingly allow children under 13 to use Smartsnip, and will terminate accounts of any such users if discovered.

Account Setup: To access most features, you need to create a Smartsnip account. This typically requires providing a valid email address and a secure password (or using an authorized third-party login, if available). You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

Account Security: You are responsible for maintaining the confidentiality of your account credentials. Do not share your login details with anyone. You agree to notify us immediately at hi.smartsnip@gmail.com of any unauthorized use of your account or any other breach of security. Smartsnip is not liable for any loss or damage arising from your failure to safeguard your account.

Account Responsibility: You are responsible for all activities that occur under your Smartsnip account. If you authorize any other person to use your account (not recommended), you are liable for their actions as if they were your own. If we suspend or terminate your account for violation of these Terms, you agree not to create another account without our permission.

4. Plans, Payments, and Subscriptions

Free and Paid Plans: Smartsnip offers a free usage tier and paid subscription plans:

• Free Plan: Includes 5 cloud AI usage credits (renewed on a monthly basis) and unlimited usage of local models. Once you exhaust the 5 cloud credits in a month, further cloud-based AI calls will be unavailable until the credits reset (or until you upgrade to a paid plan), though you can continue using local models without restriction.
• Basic Plan: A monthly subscription that provides a higher allotment of cloud AI usage credits per month (beyond the free plan limit).
• Plus/Education Plan: A higher-tier monthly subscription (or a discounted plan for students/educational use, if applicable) with the most expanded cloud credit allowance and any premium features.

The exact credit allowances, pricing, and any differences between Basic and Plus/Education plans are described on our website or within the app interface. We reserve the right to adjust the specifics of these plans (features or credit limits) from time to time, but any such changes for existing subscribers will be communicated in advance.

Billing and Payment: Paid plans are subscription-based and will bill you through our payment processor Stripe on a recurring monthly cycle (unless otherwise specified for certain plans). By subscribing, you authorize us and Stripe to charge the applicable monthly subscription fee (and any applicable taxes) to the payment method you provide. All prices are listed in the appropriate local currency (based on your location/currency settings) and include taxes where required by law.

• Payment Processing: Payments are handled securely by Stripe on our behalf. We do not store your full credit card number or bank details on our servers. Stripe's terms and privacy policy govern the processing of your payment information.
• No Refunds: All fees and charges are non-refundable. This means that we do not issue refunds or credits for any partial-use periods, unused cloud credits, or downgrades that occur mid-cycle. For example, if you cancel your subscription or downgrade to a free plan, you will not receive a refund for the current billing period; you will retain access to your paid plan features until the end of that period. This no-refund policy applies to all cases (including unwarranted AI outputs or dissatisfaction with the Service), to the maximum extent permitted by applicable law.
• Cancellation: You may cancel your subscription at any time. Cancellation will prevent future billing, and your paid plan benefits will continue until the end of your current billing cycle. After that, your account will revert to the Free plan (or be closed if you choose to delete your account). There are no penalties for cancellation – you will simply not be charged for subsequent months after cancellation. To cancel, you can use the account settings on our website or app, or contact us at hi.smartsnip@gmail.com for assistance.
• Upgrades and Downgrades: If you upgrade to a higher-tier plan (for example, from Free to Basic, or Basic to Plus) in the middle of a billing cycle, the upgrade will take effect immediately. In such cases, Stripe will charge a prorated amount for the remainder of the current cycle or adjust your billing date accordingly (as per Stripe's standard subscription proration handling). Upgrading will grant you immediate access to the additional features or credits of the new plan. If you downgrade your plan (e.g., from Plus to Basic, or from a paid plan to Free), the change will take effect at the end of your current paid period. You will retain access to the higher-tier features until that billing period expires, and then will be switched to the lower tier so that no further higher-tier charges accrue.
• Plan Changes: We reserve the right to change the subscription fees, credit allowances, or introduce new paid features. If the price of your plan or included credits is increased, we will provide you notice (for example, by email or a notice in the app) at least 30 days in advance. If you do not agree to the new price or terms, you may cancel your subscription before the changes take effect. Continuing to use the Service after the change constitutes acceptance of the new terms.

No Refunds Policy Acknowledgment: By subscribing to a paid Smartsnip plan, you acknowledge and agree that no refunds will be provided for subscription fees already paid, except where required by law. We provide a free plan so that you can evaluate the Service before deciding to subscribe. If you have any questions about what a plan includes, please review the plan details or contact us before subscribing.

5. License to Use the Service

Subject to your compliance with these Terms and payment of any applicable fees, we grant you a personal, limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Smartsnip application on your device(s) and access the Service for your personal or internal business use. This license is provided solely for you to use Smartsnip as intended – i.e., to interact with AI models via our interface – and not for any commercial resale or unauthorized distribution of the Service or its components.

You may not do any of the following with the Service:

• Reverse engineer, decompile, or attempt to extract the source code of the software (except to the limited extent such actions are expressly permitted by applicable law notwithstanding this limitation).
• Modify, adapt, or create derivative works based on Smartsnip or any part of it.
• Rent, lease, lend, sell, redistribute, or sublicense the Service, or provide it as a service bureau to others.
• Remove or alter any proprietary notices or labels on the software.

All rights not expressly granted to you are reserved by Smartsnip. We (and our licensors, if any) own all intellectual property rights in the Service, including but not limited to the software code, design, logos, and trademarks. These Terms do not grant you any ownership of the Service, but only a limited right of use revocable in accordance with these Terms.

6. Acceptable Use Policy

When using Smartsnip, you agree to use the Service responsibly and legally. You must not misuse the Service or use it in a way that harms others or violates any laws. Specifically, you agree that you will NOT:

• Illegal or Harmful Activities: Use Smartsnip for any unlawful purpose or for the promotion of illegal activities. You will not use the Service to upload, transmit, or share content that is illegal, harmful, fraudulent, defamatory, obscene, pornographic, infringing, harassing, or otherwise objectionable or that violates any person's rights (including intellectual property rights and privacy rights).
• Circumventing Limits: Attempt to bypass or circumvent any security measures or usage limits of the Service. This includes not creating multiple accounts to exceed free-tier limits, not using bots or scripts to automate excessive requests, and not attempting to probe or test the vulnerability of our system or networks.
• Interference: Disrupt, interfere with, or degrade the performance of the Service or the servers and networks providing the Service. You will not transmit any viruses, malware, or any other code that could harm the Service or its users.
• Unauthorized Access: Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or any systems or networks related to Smartsnip. Any attempt to hack, mine data from, or otherwise illicitly access or use our databases, servers, or code is strictly prohibited.
• Third-Party Policies: Use the Service's AI model integrations in violation of the third-party providers' policies. (For example, when interacting with OpenAI or other model providers through Smartsnip, you must not use those models to generate content that those providers forbid, such as disallowed content under their usage policies.) You agree to comply with any usage guidelines or content standards of the AI models you access via our Service.
• No Critical Decisions: Use Smartsnip (or any AI responses it provides) as professional advice or the sole basis for important decisions. Specifically, you must not rely on AI-generated outputs from Smartsnip for legal, medical, financial, or other critical decisions or advice. Smartsnip's AI features are for informational and experimental purposes only. You should never use them as a substitute for professional judgment or expert advice in legal, medical, financial, or any high-stakes matters. (See Disclaimers below for more details.)
• Prohibited Content Generation: Use Smartsnip to generate or disseminate content that is highly sensitive or regulated, such as: content that infringes copyrights or intellectual property rights; personal data of others (especially sensitive personal data) without consent; any content that violates export control or applicable regulations; or content that could be used for harassment, defamation, or the spread of misinformation. You are solely responsible for the content of your prompts and the use of the outputs.
• No Automated Bulk Use without Consent: Use the Service in any automated or high-volume manner without our prior permission. (For instance, integrating Smartsnip into an automated system that sends an unusually high number of queries may strain our service and is not allowed unless explicitly agreed with us.)

We reserve the right to monitor usage and investigate any suspected breach of this Acceptable Use Policy. If you violate the above rules or any other provision of these Terms, we may suspend or terminate your access to Smartsnip (see Termination below) and, if appropriate, report the misuse to law enforcement or other authorities.

7. User Content and AI Outputs

7.1 Your Content (Inputs)

In using Smartsnip, you may provide or upload content, such as:

• Text prompts or queries you type into the chat.
• Images or screenshots you capture using the "snipping" feature.
• Any other data you submit to be processed by the AI models (collectively, "User Content").

Ownership: You retain all rights and ownership of your User Content. We do not claim any ownership over the text, images, or other materials that you submit to the Service.

License to Us: When you provide User Content through Smartsnip, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, transmit, and process that content solely for the purpose of operating the Service and fulfilling your requests. This means we (and our subprocessors, such as the AI model providers accessed via Smartsnip) have your permission to receive and analyze your inputs and to return AI-generated results. We do not use your content for any purpose other than to provide the Service to you. For example, we won't use or sell your prompts or images for our own purposes such as marketing or AI training.

No Storage of Content on Our Servers – Local Copies for You: Smartsnip still does not upload or retain your uploads, prompts, screenshots, or chat transcripts on our servers after they are processed. However, the Smartsnip application keeps an encrypted copy of your screenshots and chat history in local storage on your own device so you can revisit past conversations and snips at any time. These local files never leave your device, are not synced to us, and we have no technical ability to view or retrieve them.

Sensitive Content: You should be cautious about submitting any personal, confidential, or sensitive information as User Content. While we do not store your prompts or images, any data you submit to a cloud-based model will be transmitted to third-party AI providers (see Third-Party Services below). Those providers might store or use your data under their own policies. You submit content at your own risk, and you should not share information via Smartsnip that you wouldn't be comfortable sharing with such third-party services. If you need to process highly sensitive data, consider using the local model options which keep data on your device.

User Responsibility: You are solely responsible for all User Content you provide and for ensuring that your use of it (and our processing of it on your behalf) is lawful. By submitting any content, you represent and warrant that you have all necessary rights and permissions to do so, and that the content:

• Does not infringe or violate any intellectual property rights, privacy rights, or other rights of any third party.
• Does not contain anything that violates any law or regulation (e.g., no unlawful material).
• Does not contain malicious code (e.g., no viruses hidden in an uploaded image).

We are not obligated to monitor the content you or others submit, but we reserve the right to review and remove any User Content that we believe may violate these Terms or applicable law.

7.2 AI-Generated Outputs

The Service will return AI-generated responses or other output ("Outputs") based on your inputs. These outputs are generated by artificial intelligence models (either running on your device or provided by third-party AI services). You understand that AI Outputs may be incorrect, biased, misleading, or otherwise problematic.

• No Endorsement: Smartsnip does not endorse or guarantee the accuracy, truthfulness, or quality of any content generated by the AI models. The outputs are generated automatically and we do not pre-screen or verify them.
• Use at Your Own Risk: You agree that any reliance on AI Outputs is at your own risk. Under no circumstances will we be liable for any consequences of actions you take (or fail to take) based on any information or content generated by the Service. This includes any decisions you make or any advice you follow from the AI's responses.
• Not Professional Advice: The AI Outputs are not professional advice. For example, answers or information given by the AI should not be considered legal counsel, medical or health advice, financial planning advice, or any other regulated professional service. Always seek the advice of qualified professionals for such matters. (See also Disclaimers in Section 11.)

Depending on the third-party model's terms, you might have certain rights to the content of the AI output (for example, some AI providers allow the end user to use or reprint the output freely). Smartsnip does not claim ownership of the AI Outputs; those are generated based on your input and, to the extent they are not owned by the model provider, they belong to you. However, note that the model providers themselves may have license terms governing use of outputs (for instance, some may restrict using outputs for certain commercial purposes). By using a given model through our Service, you agree to abide by any such conditions imposed by the model's provider.

If you believe any AI Output you have received from Smartsnip is violative or harmful (for example, it appears to contain someone else's copyrighted material or hateful content), please contact us at hi.smartsnip@gmail.com with details. We will investigate and, if appropriate, work to refine our service or take action in accordance with these Terms.

8. Third-Party Services and Dependencies

Smartsnip integrates with several third-party services and open-source tools to function. By using Smartsnip, you acknowledge and agree to the involvement of these third-party services and that certain features of Smartsnip depend on their availability and functioning. Key third-party components include:

• OpenRouter API and AI Model Providers: Smartsnip uses the OpenRouter API to access various third-party AI models (such as those provided by OpenAI, Anthropic, and others). When you make a cloud AI request, your request (which may include your prompt text or extracted text from an image) is sent via OpenRouter to the chosen model provider, and the response is returned to you through Smartsnip. We do not control those third-party AI services, and their operation is governed by their own terms and privacy policies.
• Local AI Tools (Open-Source Components): Smartsnip allows the use of AI models running locally on your device. To facilitate this, Smartsnip integrates open-source tools such as Pix2Text (OCR) and Ollama (Local Model Runner).
• Firebase (Authentication, Database, Analytics): Smartsnip uses Google Firebase services for user authentication, cloud database storage, and analytics.
• Stripe (Payments): All subscription payments are handled by Stripe, a third-party payment processor.
• Sparkle (Software Updates): Our desktop application may use Sparkle for delivering app updates.

Third-Party Downtime and Changes: We strive to keep Smartsnip operational at all times, but we cannot guarantee uninterrupted service, especially where third-party dependencies are involved. There may be occasions where a third-party service experiences outages or where we need to temporarily suspend a feature due to changes by a third party. You agree that Smartsnip is not liable for unavailability, interruptions, or reduced performance of any part of the Service that is due to third-party services or factors outside our reasonable control.

9. Snipping Feature and Screenshots

One of Smartsnip's key features is the ability to "snip" a portion of your screen (capture a screenshot of a selected area) and have the content of that screenshot processed by an AI model (for example, to summarize text from an article, analyze an image, or perform OCR on text).

It is important for you to understand how this feature works and how we handle (and protect) your screenshot data:

• Local Processing: When you snip an area of your screen using Smartsnip, the image data of that screenshot is NOT uploaded to our servers. By default, Smartsnip will use local tools (such as Pix2Text for OCR) to immediately process the image on your own device.
• OCR and Text Extraction: In many cases, the screenshot's text content will be extracted locally and only the extracted text (not the image itself) is sent to a cloud AI model for further analysis or answer generation.
• Local Storage of Snips: After you capture a screenshot, a copy of that image is saved locally on your device (encrypted inside the app's data folder). This allows you to reopen or reuse a past snip. Smartsnip does not transmit these stored images to our servers at any point.
• Your Responsibilities when Snipping: Be mindful of what you snip. If you capture sensitive information from your screen, even though Smartsnip doesn't store it, you are still responsible for ensuring you have the right to use that data with the Service.

By using the snipping feature, you acknowledge that you understand the above process and consent to any extracted text being sent to AI models to fulfill your request. If you prefer that no data leaves your machine, you should use only the local model options for handling your snips (where available) or refrain from using the snipping feature for sensitive content.

10. Privacy and Data Protection

Protecting your privacy is very important to us. We collect and use some personal data from you in order to provide the Service (such as your email for your account, and usage counts for your AI calls). We do not collect or store the content of your AI interactions, as explained above. Our practices are described in detail in our Privacy Policy (which is provided as a separate document and is incorporated into these Terms by reference). We strongly encourage you to read the Privacy Policy to understand how we handle your information.

11. Disclaimers of Warranties

Use at Your Own Risk: Smartsnip is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service, including any reliance on AI-generated content, is at your sole risk. To the fullest extent permitted by law, we expressly disclaim all warranties of any kind (whether express, implied, or statutory) with respect to the Service and the results or content obtained through the Service.

No Professional Advice: Smartsnip and its AI features do not provide professional advice. All outputs, information, or content obtained through Smartsnip should be considered informational only, and not a substitute for professional judgment or expert advice.

12. Limitation of Liability

Limitation on Types of Damages: To the maximum extent permitted by law, in no event will Smartsnip or its creators, developers, officers, affiliates, agents, or partners be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever.

Cap on Liability: To the fullest extent permitted by law, the total liability of Smartsnip and its team, for any claim arising out of or relating to these Terms or the Service, regardless of the form of the action, shall not exceed the amount that you paid to us for the Service in the 12 months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Smartsnip and its creators, contributors, affiliates, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and legal costs) that arise out of or relate to your use of the Service, your violation of these Terms, your infringement of any rights of a third party, or any content you submit.

14. Termination of Service

By You (Account Deletion): You are free to stop using Smartsnip at any time. You may delete your account through the account settings or by contacting us at hi.smartsnip@gmail.com.

By Us (Service Suspension or Termination): We reserve the right to suspend or terminate your access to Smartsnip at our discretion, with or without prior notice, if we believe that you have violated these Terms or for other specified reasons.

15. Changes to the Service and Terms

Smartsnip is an evolving service. We may from time to time add, remove, or modify features, models, or the user interface of the app. We may also revise or update these Terms of Service from time to time. If we make material changes to the Terms, we will notify you by posting the updated Terms on our website and/or through an in-app notification or email.

16. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with the Service shall be governed by and construed in accordance with the laws of the European Union and applicable laws of the relevant Member State in which we operate.

17. Miscellaneous Provisions

Entire Agreement: These Terms (together with the Privacy Policy and any additional guidelines or terms provided for specific features) constitute the entire agreement between you and Smartsnip with respect to the Service.

18. Contact Information

If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at hi.smartsnip@gmail.com. We value communication with our users and will do our best to address your inquiries.

By using Smartsnip, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. We hope you enjoy using Smartsnip!