These Terms of Use apply when you use the services of SmartLibrary LLC or our affiliates, including our artificial intelligence generated books, application programming interface, software, tools, membership services, data, documentation, and websites ("Services"). The Terms include our Service Terms, Usage Policies, Data Protection Addendum, and other documentation, guidelines, or policies we may provide in writing. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information.

Membership and Usage Requirements:

• Age Requirement and Supervision: To access and use the services offered by SmartLibrary LLC (henceforth referred to as "SmartLibrary"), users must be at least 18 years of age. If a user is under the age of 18, they must obtain express permission from their parent or legal guardian to use our services. Furthermore, we strongly recommend supervision by an adult during the usage of our services by minors to ensure the safe and responsible engagement with our content and tools.
• Internet and Device Accessibility: To ensure smooth functioning and optimal usage of our services, users need to have reliable access to the Internet. Our services are designed to work seamlessly on a variety of SmartLibrary-compatible devices, and we encourage users to utilize a device that supports our platform. This is crucial to experiencing the full array of features and content that our services have to offer, including the AI-generated books, tools, and other unique features.
• Account Registration and Information Accuracy: When creating a user account on SmartLibrary, users are required to provide accurate and complete personal information as requested in our registration form. This may include, but is not limited to, the user's full name, address, phone number, email address, and other related details. It is of utmost importance that users provide correct information during registration to ensure we can offer personalized, safe, and efficient services.
• Payment Method and Continued Membership: Upon choosing to become a member of SmartLibrary, users will be required to provide a valid and authorized method of payment. This payment method will be used for all charges incurred by the user's account, including but not limited to, membership subscription fees, purchases of AI-generated books, and other services. The user's membership will continue and renew automatically until it is explicitly terminated by the user or by SmartLibrary as per the terms outlined in our Termination Policy.
• Responsibility for Account Activities: All activities that occur under a user's account are the responsibility of the user. We strongly urge our users to maintain the confidentiality of their account credentials and to take necessary precautions to prevent unauthorized access to their account. Should any unauthorized activity occur, it is the responsibility of the user to notify SmartLibrary immediately so we can take appropriate action.
• Personal and Non-Commercial Use: The services provided by SmartLibrary are intended for personal and non-commercial use only. This means that users are permitted to enjoy our AI-generated books, tools, and services for personal enjoyment, development, or learning. Unauthorized commercial usage or distribution, or sharing of services outside the user's household or organization, is strictly prohibited. Violation of this term can result in immediate termination of services and possible legal action.

By accessing and using SmartLibrary's services, users acknowledge and agree to comply with these requirements. It's important to note that these Terms of Service are put in place to create a safe, respectful, and enjoyable environment for all users. We appreciate your understanding and cooperation, and we look forward to providing you with a unique and enriching experience through our AI-generated books and services.

Billing and Cancellation:

• Membership Fee and Billing Cycle: Upon subscription to SmartLibrary's services, the membership fee will be charged to the user's registered Payment Method on the specified payment date. This is typically on the commencement date of your subscription and subsequently, the same date of each month. It's crucial to ensure that your Payment Method is up-to-date and has sufficient funds to avoid any interruption of services. In cases where the billing date falls on a day not contained in a given month, we may adjust your billing date to a different date in the applicable month or the following month.
• Updating Payment Methods: Users have the flexibility to update their Payment Methods via their account settings. Should a user wish to change their Payment Method for any reason—be it due to an expired credit card, a change in bank account, or any other reason—they can do so at their convenience. We encourage our users to regularly verify the validity of their Payment Method and account details to ensure uninterrupted services and prevent billing issues.
• Cancellation Policy and Refunds: We value the commitment users make when subscribing to SmartLibrary, but we understand that circumstances can change. Users can cancel their membership at any time by visiting their account settings and following the cancellation procedure. However, it's important to note that payments made to SmartLibrary are non-refundable. This means that if a user cancels their subscription before the end of a billing cycle, they will not receive a refund for any unused portion of the month. This policy aligns with our commitment to provide high-quality content and services from the moment of subscription.
• Changes to Subscription Plans and Prices: SmartLibrary is dedicated to continually improving and expanding its services. To support this, we may occasionally need to adjust our subscription plans or prices. Users will always be notified of any such changes at least 30 days in advance to provide ample time to consider these changes. In case of a price change, continued use of the service after the price change goes into effect constitutes your agreement to pay the new price. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the services prior to the price change going into effect.

By subscribing to SmartLibrary's services, users agree to these billing and cancellation terms. We strive to maintain transparency and fairness in all our financial interactions with users. We encourage users to read these terms carefully and reach out to our customer service team with any questions or concerns.

SmartLibrary Service and Content:

• Membership Plans: To cater to the varied needs and preferences of our users, SmartLibrary offers an assortment of membership plans. Each plan has unique conditions and limitations, allowing users to choose the one that best aligns with their reading habits, interests, and budget. We encourage users to review the features and conditions of each plan carefully before subscribing to ensure they're making the most informed decision.
• Content Availability: At SmartLibrary, we strive to provide diverse and globally relevant content. However, due to varying regional laws, copyrights, and licensing agreements, content availability may differ by location. We encourage users to explore the library within their respective regions to fully enjoy the selection of AI-generated books available.
• Ownership of Input and Output: Users retain complete ownership of any input they provide to SmartLibrary's services, including reviews, suggestions, and any other form of feedback. Additionally, SmartLibrary assigns to users the rights in and to the AI-generated book output by the services. We encourage creativity and the sharing of ideas and perspectives.
• Usage of Content: The AI-generated books and other output produced by our services can be used for any purpose, including commercial use, as long as it complies with our Terms of Service. This means users can leverage the content for personal reading, learning, professional development, or even as a part of their business, given they adhere to all other stipulations within our terms.
• Responsibility for Content: While we encourage users to engage actively with our services, it's crucial that their content does not violate any applicable laws or our Terms of Service. This includes, but isn't limited to, any form of hate speech, harassment, defamation, infringement of copyright, or other forms of illegal content. Users are solely responsible for ensuring their content's compliance with all laws and regulations.
• Protection of Intellectual Property: SmartLibrary's services, including our AI-generated books, are powered by sophisticated and proprietary algorithms. Attempting to access, copy, or reverse-engineer the source code or underlying components of these services is strictly prohibited. Such attempts could be considered infringement of our intellectual property rights and may result in severe legal consequences.
• Non-competition: The output from our services, including our AI-generated books, must not be used to develop competing services against SmartLibrary. We invest significant resources in providing unique, innovative services to our users, and any attempt to use our output for creating similar services infringes on our rights and will be treated as a violation of our Terms of Service.

By accessing and using our services, users agree to these terms relating to SmartLibrary Service and Content. These terms ensure that our users can enjoy our services freely, creatively, and respectfully, while also protecting the integrity of our platform and our community.

Passwords and Account Access:

• Password Confidentiality: Maintaining the confidentiality of your password is not only a requirement of our Terms of Service but also a crucial aspect of protecting your personal information and access to our services. You should not share your password with others under any circumstances. It is also advisable to use strong and unique passwords for your SmartLibrary account to reduce the risk of unauthorized access.
• Account Control: As a user, you are solely responsible for maintaining control over your SmartLibrary account and the devices used to access our services. This includes, but is not limited to, logging out of shared devices, regularly updating your password, keeping your email address updated, and notifying SmartLibrary immediately if you notice any suspicious activity on your account. It's crucial to ensure that your account is used in accordance with our Terms of Service to maintain a secure and respectful community.
• Account Termination or Suspension: SmartLibrary reserves the right to terminate or suspend your account without prior notice if we believe that your account has been used in violation of our Terms of Service, including unauthorized access or fraudulent activity. In such cases, your access to our services will be suspended, and any ongoing subscription fees will not be refunded.

By adhering to these terms regarding password confidentiality and account control, users contribute to a safer, more secure SmartLibrary community. We highly appreciate your cooperation in respecting these rules and contributing to the security of all users.

Data Protection and Privacy:

• Compliance with Data Protection Laws: Users must comply with all applicable data protection laws when processing personal data. This includes, but is not limited to, obtaining necessary permissions, providing legally adequate privacy notices, and ensuring the secure storage and transmission of such data. Users represent to SmartLibrary that any personal data they process in connection with the use of our services is done in accordance with these laws.
• Data Processing Addendum: If users will be processing personal data under the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), they must execute a Data Processing Addendum with SmartLibrary. This Addendum provides specific terms and conditions related to the processing, storage, and transmission of personal data under these regulations. To execute the Addendum, users should contact our customer support team.
• Security Measures: SmartLibrary is committed to maintaining the highest level of security. We implement reasonable and appropriate measures designed to secure access to and use of our services. These measures aim to protect personal data from unauthorized access, use, or disclosure.
• Confidentiality: Users may be granted access to Confidential Information of SmartLibrary, its affiliates, and other third parties in the course of using our services. Confidential Information is to be used solely as necessary to use our services and must not be disclosed to any third party. Users must protect this Confidential Information with at least the same degree of care that they use to protect their own confidential information of a similar nature. In the event that disclosure of Confidential Information is required by law or a valid order of a court or other governmental authority, users are obliged to provide reasonable prior written notice to SmartLibrary and use reasonable efforts to limit the scope of disclosure.
• Reporting Vulnerabilities or Breaches: If users discover any vulnerabilities or breaches related to their use of SmartLibrary's services, they are required to promptly contact us and provide details of the vulnerability or breach. This enables us to take immediate action to protect user data and the integrity of our platform.

By adhering to these terms regarding Data Protection and Privacy, users can help create a safer and more secure environment for all SmartLibrary members. Users' understanding and cooperation are highly appreciated.

Termination:

• Termination by SmartLibrary: SmartLibrary reserves the right to terminate the Terms of Service with a notice period of at least 30 days. This allows both parties to manage and conclude their obligations under the agreement in a reasonable and orderly manner.
• Immediate Termination: SmartLibrary may immediately terminate the Terms of Service in the following circumstances:
  1. Material Breach: If a user violates a significant provision of the Terms, SmartLibrary may terminate the agreement without prior notice.
  2. Changes with Third-Party Providers: In the event of changes in relationships with third-party providers that impact the provision of the Services, SmartLibrary may terminate the agreement immediately and provide notice of such termination.
  3. Legal Compliance: If continued provision of the Services would require SmartLibrary to violate applicable laws or regulations, SmartLibrary reserves the right to terminate the agreement immediately and ensure compliance with the law.
• Suspension of Service: SmartLibrary retains the right to suspend access to the Services without prior notice under the following circumstances:
  1. Non-compliance: If a user fails to comply with the Terms of Service or engages in activities that violate applicable laws or regulations, SmartLibrary may suspend access to the Services as necessary to address the non-compliance.
  2. Security Risks: In the event of potential security risks that threaten the integrity of the Services or the security of user data, SmartLibrary may suspend access to protect the interests of all users.
  3. Fraud Suspicions: If there are reasonable suspicions of fraudulent activity or unauthorized use of the Services, SmartLibrary may suspend access to investigate and mitigate potential risks.
  4. Potential Liability: SmartLibrary may suspend access to the Services if there is a reasonable belief that continuing the provision of the Services may expose SmartLibrary to legal liability or other potential harm.

SmartLibrary strives to uphold the principles of fairness, transparency, and legal compliance in all aspects of its operations. By understanding and adhering to the Termination provisions outlined above, users can help maintain a positive and secure environment for all members of the SmartLibrary community.

Indemnification, Disclaimer of Warranties, and Limitations on Liability:

• Indemnification: Users are responsible for defending and indemnifying SmartLibrary for claims arising from their use of the Services, including any violation of the Terms of Service or infringement of third-party rights.
• Disclaimer of Warranties: SmartLibrary disclaims warranties and does not guarantee uninterrupted or error-free services. The Services are provided on an "as is" and "as available" basis. Users acknowledge and agree that their use of the Services is at their own risk.
• Limitations on Liability: SmartLibrary's liability for any claim arising out of or in connection with the Services is limited to the greater of the fees paid by the user to SmartLibrary during the six (6) month period prior to the event giving rise to the claim or $100, subject to applicable law. This limitation applies to all causes of action, whether based on contract, warranty, tort, or any other legal theory. However, this limitation does not apply to claims arising from willful misconduct or gross negligence.

By using the Services, users agree to the importance of indemnification, the disclaimer of warranties, and the limitations on liability set forth by SmartLibrary. It is crucial that users fully understand these provisions and their implications.

Dispute Resolution:

• Arbitration: Any dispute, controversy, or claim arising out of or relating to the Terms or Services shall be resolved through binding arbitration. The arbitration shall be conducted in accordance with the rules and procedures of the relevant arbitration organization agreed upon by both parties. The decision of the arbitrator shall be final and binding on both parties, and judgment on the award may be entered in any court having jurisdiction.
• Informal Resolution: Before initiating arbitration, users are encouraged to first attempt to resolve any disputes informally by contacting SmartLibrary's customer support. SmartLibrary strives to address and resolve concerns in a timely and efficient manner.
• Prohibition of Class Actions: Users agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action or consolidated action. Users may not participate in a class or consolidated action against SmartLibrary.
• Opting Out of Arbitration: Users have the right to opt out of arbitration within 30 days of agreeing to the Terms. To exercise this right, users must notify SmartLibrary in writing of their intention to opt out. However, certain claims, such as individual claims that qualify for resolution in small claims court, may be exempt from mandatory arbitration.

Dispute resolution is an important aspect of maintaining a fair and efficient relationship between SmartLibrary and its users. By agreeing to these provisions, users acknowledge and accept the requirement for arbitration and the procedures outlined for resolving any disputes that may arise.

Miscellaneous:

• Unsolicited Materials and Ideas: SmartLibrary does not accept or consider unsolicited materials or ideas for content. Any submissions of such materials or ideas will be disregarded and will not create any obligation or liability on the part of SmartLibrary.
• Customer Support: Users can seek assistance and support from SmartLibrary's dedicated customer support team through the SmartLibrary Help Center. The Help Center provides resources, frequently asked questions, and a means to contact customer support for prompt assistance.
• Severability: If any provision of the Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified or interpreted to the extent necessary to make it valid and enforceable while preserving its intent to the maximum extent possible.
• Changes to Terms of Service: SmartLibrary reserves the right to modify or update the Terms of Service at any time. In the event of any changes, SmartLibrary will provide a notice of at least 30 days prior to the effective date of the updated terms. Continued use of the Services after the effective date constitutes acceptance of the modified Terms of Service.
• Electronic Communication: Communication related to a user's account, including notifications, updates, and other relevant information, will be done electronically. Users consent to receive communications from SmartLibrary electronically and acknowledge that such electronic communication satisfies any legal requirement for written notice.

These miscellaneous provisions ensure clarity, transparency, and effective communication between SmartLibrary and its users. Users are encouraged to familiarize themselves with these provisions and contact customer support for any further inquiries or assistance.

General Terms:

(a) Relationship of the Parties:

These Terms do not create a partnership, joint venture, or agency relationship between you and SmartLibrary or any of its affiliates. SmartLibrary and you are independent contractors, and neither party has the power to bind the other or incur obligations on the other's behalf without prior written consent.

(b) Use of Brands:

You may not use SmartLibrary's name, logo, or trademarks without the prior written consent of SmartLibrary or its affiliates.

(c) U.S. Federal Agency Entities:

The Services were developed solely at private expense and are considered commercial computer software and related documentation, as defined under the applicable U.S. Federal Acquisition Regulation and agency supplements.

(d) Copyright Complaints:

If you believe that your intellectual property rights have been infringed, please send a notice to the specified address, including the required information as outlined in the Terms.

(e) Assignment and Delegation:

You may not assign or delegate any rights or obligations under these Terms without the prior written consent of SmartLibrary. SmartLibrary may assign these Terms in connection with certain corporate transactions.

(f) Modifications:

SmartLibrary reserves the right to modify or update these Terms at any time. Major changes will be notified to you in advance, while other changes will be effective immediately. Your continued use of the Services after any changes signify your acceptance of the modified Terms.

(g) Notices:

All notices will be in writing and delivered to the specified address. SmartLibrary may notify you using the registration information you provided. Notices will be deemed delivered on the date of receipt.

(h) Waiver and Severability:

If SmartLibrary does not take immediate action for any violation or breach of these Terms, it does not waive its rights to enforce these Terms. If any provision of these Terms is found to be invalid or unenforceable, it will not affect the enforceability of the other provisions.

(i) Export Controls:

The Services may not be used in or for the benefit of, exported, or re-exported to any countries subject to U.S. embargo or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or any other Restricted Party Lists. You must comply with all applicable export control laws.

(j) Equitable Remedies:

You acknowledge that any violation or breach of these Terms may cause irreparable harm to SmartLibrary, and SmartLibrary shall have the right to seek injunctive relief against you in addition to any other legal remedies.

(k) Entire Agreement:

These Terms, along with any incorporated policies, constitute the entire agreement between you and SmartLibrary regarding the use of the Services, superseding any prior agreements or understandings.

(l) Jurisdiction, Venue, and Choice of Law:

These Terms will be governed by the laws of the State of California, and any claims arising from these Terms will be brought in the federal or state courts of San Francisco County, California, USA.

By using the Services, you acknowledge and agree to be bound by these General Terms.