Terms of Use
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This User Agreement (the “Agreement”) is a legally binding agreement between you and Individual Entrepreneur Vladislav Nikolaevich Aksenov, registered in the Russian Federation (Krasnodar), trading as “AI SMM” (“AI SMM”, “we”, “us”, “our”). It governs your access to and use of the website ai-smm.com, the application at app.ai-smm.com, the browser extension, APIs, widgets and related services (the “Service”).
By creating an account, clicking “Sign up”, or using the Service, you accept this Agreement, our Terms of Service (subscriptions and payments), our Refund Policy and our Privacy Policy. This Agreement is a public offer; registration is its acceptance. If you use the Service on behalf of a company or other organization, you confirm that you are authorized to bind it, and “you” refers to that organization. If you do not agree, do not use the Service.
Consumers: nothing in this Agreement limits the rights you have under mandatory consumer protection laws of the country or state where you live, including rights that cannot be waived by contract.
1. Definitions
- Account — your personal account in the Service, including any workspaces and team members under it.
- Your Content — any text, images, video, audio, files, prompts, messages, data and other material you or your team upload, import, create or submit through the Service.
- Output — content generated for you by the AI features of the Service.
- Connected Platform — any third-party service you connect to the Service, such as Facebook, Instagram, Threads, TikTok, YouTube, Google, X, LinkedIn, Pinterest, Telegram or WordPress.
- Customer Personal Data — personal data about your own customers, subscribers, contacts or website visitors that you process through the Service.
2. Eligibility and accounts
- You must be at least 18 years old, or the age of majority in your country, and able to enter into a binding contract. The Service is intended for business and professional use.
- You may not use the Service if you are barred from doing so under applicable law, including export control and sanctions laws.
- Provide accurate registration information and keep it up to date. Keep your password confidential and enable two-factor authentication where available. You are responsible for all activity under your Account, including actions of team members you invite.
- Notify us immediately at info@ai-smm.com if you suspect unauthorized access.
3. The Service
- We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, within the limits of your plan, for your own business purposes and in accordance with this Agreement.
- We may offer a free plan, a trial or promotional access. Their scope and duration are shown in the Service when you sign up and may be changed or ended at any time.
- We continuously improve the Service and may add, change or remove features. If we remove a material paid feature during a paid period, we will tell you in advance and, where you are materially disadvantaged, offer a pro-rata refund of prepaid fees for the unused period.
- Beta or experimental features are provided for evaluation, may be less reliable and may be discontinued at any time.
4. Connected Platforms
- Connecting a Connected Platform requires your authorization on that platform. You must comply with each platform’s terms and policies, including the YouTube Terms of Service, Meta’s Terms and Community Standards, TikTok’s Terms of Service and Community Guidelines, and the X Rules.
- Connected Platforms are not controlled by us. They may change their APIs, limits, permissions or rules, suspend your account or remove content, and some features may stop working as a result. We are not responsible for such actions, but we will work to restore affected features where reasonably possible.
- You can disconnect a Connected Platform at any time. What happens to the data is described in the Privacy Policy.
Supported platforms, how the Service connects to each of them and whose rules apply (the data we access and how to revoke access are described for each platform in Section 6 of the Privacy Policy):
| Platform | Connection | What you can do in AI SMM | Rules you must follow |
|---|---|---|---|
| Facebook Pages | Official Meta Graph API | Publish and schedule posts, analytics | Meta Terms, Community Standards |
| Instagram (professional accounts) | Official Instagram Graph API | Publish and schedule posts, reels and carousels, analytics | Instagram Terms of Use, Community Guidelines |
| Threads | Official Threads API | Publish and schedule, analytics, replies and mentions, topic discovery | Threads Terms of Use |
| TikTok | Official TikTok Login Kit and Content Posting API | Upload and publish videos, analytics, data portability | TikTok Terms of Service, Community Guidelines |
| YouTube | Official YouTube API Services | Upload and schedule videos and Shorts, analytics, comments | YouTube Terms of Service |
| Google Business Profile, Search Console, Analytics | Official Google APIs | Business updates and reviews, SEO and traffic reports | Google Terms of Service |
| X (Twitter) | Official X API | Publish and schedule posts, analytics, replies and mentions | X Terms of Service, X Rules |
| LinkedIn profiles and pages | Official LinkedIn APIs | Publish and schedule posts, page analytics | LinkedIn User Agreement |
| Official Pinterest API | Create and schedule pins, analytics | Pinterest Terms of Service | |
| Official Reddit API | Submit posts, performance, replies and messages | Reddit User Agreement, rules of each subreddit | |
| Telegram | Telegram Bot API; Telegram Login | Publish to channels and groups, messages, notifications | Telegram Terms of Service |
| Discord | Bot and webhooks | Publish to channels, messages | Discord Terms of Service |
| Bluesky | AT Protocol with an app password | Publish and schedule, analytics, replies, mentions and chats | Bluesky Terms of Service |
| Mastodon | OAuth with your server | Publish and schedule, analytics, replies and mentions | Rules of your Mastodon server |
| Odnoklassniki (OK.ru) | Official OK API | Publish to groups, analytics | OK.ru terms of use |
We may add or remove supported platforms over time. If a platform withdraws our API access or changes its rules, we may have to limit or stop the related features.
5. Your Content
- You own Your Content. We do not claim ownership of it.
- You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (for example, resize or transcode), transmit and display Your Content only as necessary to provide, secure and support the Service — including sending it to Connected Platforms you choose and to our sub-processors. This license ends when Your Content is deleted from the Service, except for copies in backups kept for a limited period and content you have already published on third-party platforms.
- You confirm that you have all rights, licenses and consents needed for Your Content and for its processing and publication through the Service, and that it does not infringe anyone’s rights or violate any law or platform rule.
- You are responsible for the content you publish, including advertising disclosures, sponsorship labels and consumer protection requirements.
- Keep your own copies of important content. Although we make backups, the Service is not intended to be your only archive.
6. AI features and Output
- Ownership. As between you and us, and to the extent permitted by law, you own the Output and may use it for any lawful purpose, including commercially. AI models may produce similar Output for other users; such Output is not yours.
- Accuracy. Output is generated automatically and may be inaccurate, incomplete, outdated, biased or similar to existing works. It is not legal, financial, medical or other professional advice. Review Output before you publish or rely on it.
- Transparency. You are responsible for labeling AI-generated or AI-manipulated content where required by law (including the EU Artificial Intelligence Act) or by a Connected Platform’s rules, and for not presenting AI-generated content as human-written where that would mislead people.
- No training on your data. We do not use Your Content or Output to train AI models. Details are in the Privacy Policy.
- Usage limits. AI features consume credits or are subject to limits as described in your plan.
7. Acceptable use
You must not use the Service, or allow others to use it, to:
- break any law or regulation, or infringe intellectual property, privacy, publicity or other rights;
- send spam or unsolicited messages, or message people without a lawful basis or required consent (for example, under the CAN-SPAM Act, TCPA, GDPR or ePrivacy rules);
- manipulate platforms — for example, buy or sell fake followers, likes, reviews or engagement, operate fake or impersonating accounts, or coordinate inauthentic behavior;
- create or distribute content that sexualizes minors, promotes terrorism or violent extremism, incites violence or hatred, harasses or threatens others, or promotes self-harm;
- create deceptive deepfakes of real people, impersonate any person or organization, or spread disinformation intended to deceive voters or cause public harm;
- publish fraudulent, misleading or deceptive advertising, or promote illegal products or services;
- collect or process personal data unlawfully, including scraping personal data without a legal basis, building profiles of individuals, or using data for surveillance, discrimination, or eligibility decisions about housing, employment, credit, insurance or benefits;
- upload malware, probe or breach security, overload the Service, or circumvent usage limits, access controls or technical restrictions;
- copy, decompile, reverse engineer or create derivative works of the Service, except as permitted by law;
- resell, sublicense or provide the Service to third parties as a standalone service without our written permission (agency use for your own clients is permitted);
- use Output or the Service to develop competing AI models or services;
- use the Service in violation of the terms of any Connected Platform or AI provider.
8. Customer Personal Data (data processing terms)
When you use the Service to process Customer Personal Data (for example, in the Inbox, contacts, live chat, online store, email, push or pop-up tools), you are the controller and we are your processor (or service provider). These terms apply to that processing and constitute a data processing agreement under Article 28 GDPR and similar laws:
- Instructions. We process Customer Personal Data only to provide the Service and on your documented instructions, which are this Agreement and your use of the Service’s settings. We will tell you if we believe an instruction violates the law.
- Your obligations. You are responsible for having a lawful basis, providing privacy notices, obtaining consents (including for marketing messages and cookies on your websites) and handling requests from your data subjects.
- Confidentiality. Persons authorized to process Customer Personal Data are bound by confidentiality obligations.
- Security. We implement appropriate technical and organizational measures, as described in the Privacy Policy.
- Sub-processors. You authorize the sub-processors listed in the Privacy Policy. We impose equivalent data protection obligations on them, remain responsible for them, and will notify you of new sub-processors by updating the list; you may object on reasonable grounds, and if we cannot resolve the objection you may terminate the affected service.
- Assistance. Taking into account the nature of the processing, we will assist you in responding to data subject requests, and with security, breach notification, data protection impact assessments and consultations with authorities.
- Breaches. We will notify you without undue delay after becoming aware of a personal data breach affecting Customer Personal Data.
- Transfers. International transfers are made with the safeguards described in the Privacy Policy, including the EU Standard Contractual Clauses (Module 2 or 3, as applicable), which are incorporated by reference where required.
- Deletion. On termination, you may export your data for 30 days; after that, we delete Customer Personal Data unless the law requires us to keep it.
- Audits. We will make available information necessary to demonstrate compliance with these terms and allow for reasonable audits, no more than once a year, with reasonable prior notice and at your cost.
- U.S. state laws. We will not sell or share Customer Personal Data, retain, use or disclose it outside the direct business relationship with you or for any purpose other than providing the Service, or combine it with data from other sources except as permitted by law.
9. Intellectual property and feedback
- The Service, including its software, design, texts, templates, trademarks and logos, belongs to us or our licensors and is protected by law. Except for the limited right to use the Service, no rights are transferred to you.
- If you send us suggestions or feedback, we may use them without restriction or compensation.
10. Reporting illegal content and copyright complaints
- If you believe content hosted through the Service (for example, a link-in-bio page or online store) is illegal or infringes your rights, send a notice to info@ai-smm.com with the subject “Content report” including: the exact URL; an explanation of why the content is illegal or infringing; your name and email address (unless reporting child sexual abuse material); and a statement that the notice is accurate and made in good faith.
- Copyright (DMCA). For copyright notices, also include: identification of the copyrighted work; a statement that you have a good-faith belief that the use is not authorized; a statement, under penalty of perjury, that you are the owner or authorized to act on the owner’s behalf; and your physical or electronic signature. Users whose content is removed may send a counter-notice. We terminate accounts of repeat infringers in appropriate circumstances.
- EU Digital Services Act. Our single point of contact for users and authorities is info@ai-smm.com (communication in English or Russian). We process notices in a timely, diligent and objective manner and inform the notifier and the affected user of our decision and the available means of redress.
11. Fees
Paid plans, credits, billing, automatic renewal and cancellation are governed by the Terms of Service. Refunds are governed by the Refund Policy.
12. Suspension and termination
- You may stop using the Service at any time and close your Account by contacting us or through the account settings where available. Cancellation of paid subscriptions is described in the Terms of Service.
- We may suspend or restrict your Account, or remove content, if you materially breach this Agreement, if required by law or a Connected Platform, or if your use creates a security risk or harm to others. Where appropriate and legally permitted, we will first give you notice and an opportunity to fix the issue, and we will provide a statement of reasons explaining our decision and how to contest it by writing to info@ai-smm.com.
- We may terminate free Accounts that have been inactive for more than 12 months after notifying you by email at least 30 days in advance.
- If we terminate the Service or your Account for reasons other than your breach, we will refund prepaid fees for the unused period.
- After termination you may export your data for 30 days, after which it is deleted as described in the Privacy Policy. Sections that by their nature should survive termination (including 5, 6, 9, 13–16) survive.
13. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available”. We do not warrant that the Service will be uninterrupted, error-free or secure, that Output will be accurate, or that your posts will reach a particular audience or achieve particular results. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
14. Limitation of liability
- To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data, arising out of or related to the Service.
- Our total liability for all claims arising out of or related to this Agreement or the Service is limited to the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) USD 100.
- These limitations do not apply to liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud, for gross negligence or willful misconduct, or to the extent they would restrict mandatory rights of consumers.
15. Indemnity
If you use the Service for business purposes, you agree to defend and indemnify us against third-party claims, fines and reasonable costs arising from Your Content, your violation of this Agreement, applicable law or the rules of a Connected Platform, or your processing of Customer Personal Data. We will promptly notify you of any such claim and allow you to control its defense. This section does not apply to consumers to the extent prohibited by law.
16. Governing law and disputes
- This Agreement is governed by the laws of the Russian Federation, without regard to conflict-of-law rules.
- Before starting any legal proceedings, please contact us at info@ai-smm.com so we can try to resolve the issue informally. We will respond within 10 working days, and the parties will try in good faith to settle the dispute within 30 days.
- Business users: disputes that cannot be settled are submitted to the competent court at the place of registration of AI SMM (Krasnodar, Russian Federation).
- Consumers: if you live in the EEA, the UK, Switzerland, the United States or another country whose law grants you mandatory protections, you keep those protections, and you may bring proceedings in the courts of the place where you live. You may also use any alternative dispute resolution available to you under your local law. Nothing in this Agreement requires you to arbitrate or waives your right to take part in a class or collective action where such a waiver would be unenforceable.
- Local representatives and compliance: we comply with the laws of every country in which we offer the Service. We have authorized local representatives in the European Union, the United Kingdom and other countries where the law requires it (including representatives under Article 27 of the EU GDPR and UK GDPR). Their contact details are provided on request at info@ai-smm.com. You may send claims, requests and notices to us directly or through the representative for your country.
17. Changes to this Agreement
We may update this Agreement to reflect changes in the Service, the law or our business. We will post the new version on this page. For material changes, we will notify you by email or in the Service at least 30 days before they take effect (unless a shorter period is required by law or the change is needed to address security or legal requirements). If you do not agree to the changes, you may stop using the Service and cancel your subscription before they take effect; changes will not apply to a paid period already underway where the law requires this. Continued use after the effective date means you accept the updated Agreement.
18. General
- Entire agreement. This Agreement, together with the Terms of Service, Refund Policy, Privacy Policy and any order or separate written agreement, is the entire agreement between us about the Service. A separately signed agreement with a business customer prevails in case of conflict.
- Severability. If any provision is found unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a provision is not a waiver.
- Assignment. You may not assign this Agreement without our consent. We may assign it in connection with a merger, acquisition or sale of assets, with notice to you.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, war, acts of government, internet or power outages, or actions of Connected Platforms.
- Notices. We send notices to the email address of your Account or through the Service. You send notices to info@ai-smm.com.
- Language. This Agreement is written in English. Translations are for convenience; the English version prevails to the extent permitted by law.
19. Contact
Individual Entrepreneur Vladislav Nikolaevich Aksenov (AI SMM)
Krasnodar, Russian Federation
Email: info@ai-smm.com
Website: https://ai-smm.com
Local representatives: We have authorized local representatives in the European Union, the United Kingdom and other countries where the law requires it (including representatives under Article 27 of the EU GDPR and UK GDPR). Their contact details are provided on request at info@ai-smm.com.