Terms of Service

Key Terms

• •"SmartyCrop", "we", "us", "our" refers to Cloveria Inc., a corporation registered in Ontario, Canada
• •"Service" means the SmartyCrop website, API, mobile applications, and all related services
• •"User", "you", "your" refers to any individual or entity using our Service
• •"Content" means any images, text, or data uploaded to or processed by our Service
• •"Commercial Use" means any use that directly or indirectly generates revenue
• •"Non-Commercial Use" means personal use without monetary benefit
• •"API" means our Application Programming Interface
• •"Account" means your registered SmartyCrop user account

By accessing, browsing, or using SmartyCrop, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you must not use our Service.

Eligibility

You must be at least 16 years of age to use our Service. If you are under 18, you must have parental or guardian consent. By using SmartyCrop, you represent and warrant that you meet these eligibility requirements.

Modifications to Terms

We reserve the right to update these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Your continued use after such modifications constitutes acceptance of the updated Terms.

What We Provide

SmartyCrop provides AI-powered image processing services including:

• •Background removal from images
• •Icon extraction from grids and sprite sheets
• •Portrait enhancement and background removal
• •Object segmentation and extraction
• •Batch processing capabilities
• •API access for developers
• •Cloud storage for processed images (temporary)

Service Availability

While we strive for 99.9% uptime, we do not guarantee uninterrupted service. We may modify, suspend, or discontinue any part of the Service with reasonable notice.

Account Creation

• •You must provide accurate, current, and complete information
• •You are responsible for maintaining account security
• •One person or entity may not maintain multiple free accounts
• •You must immediately notify us of any unauthorized access
• •We reserve the right to refuse service or terminate accounts

Account Responsibilities

You are fully responsible for all activities that occur under your account, including content uploaded and actions taken by anyone you authorize to use your account.

Permitted Uses

• •Processing images you own or have rights to use
• •Commercial use with appropriate subscription plan
• •Integration with your applications via our API
• •Creating derivative works from your processed images
• •Sharing processed images in accordance with applicable laws

Prohibited Uses

• •Processing illegal, harmful, or offensive content
• •Violating any person's privacy or publicity rights
• •Creating deepfakes or misleading content
• •Circumventing usage limits or security measures
• •Reverse engineering or copying our technology
• •Reselling our Service without authorization
• •Using automated systems to abuse the Service
• •Processing content that infringes intellectual property rights
• •Uploading malware or harmful code

Your Content

You retain all rights to images you upload. By using our Service, you grant us a limited, non-exclusive license to process, store, and display your content solely for providing our services to you.

Content Restrictions

You may not upload or process content that:

• •Contains nudity or sexual content
• •Depicts violence or gore
• •Promotes hate, discrimination, or harassment
• •Violates privacy rights or contains personal information without consent
• •Infringes copyrights, trademarks, or other intellectual property
• •Contains illegal content or promotes illegal activities
• •Is intended to deceive or defraud

Content Moderation

We employ automated systems and human review to detect policy violations. We reserve the right to remove content, suspend processing, or terminate accounts for violations.

AI Processing

Our Service uses artificial intelligence and machine learning technologies. You acknowledge that:

• •Results may vary and are not guaranteed to be perfect
• •AI processing may occasionally produce unexpected results
• •We continuously improve our algorithms and results may change
• •You are responsible for reviewing and approving all processed content

AI-Generated Content Restrictions

When using our AI features, you must not:

• •Create content that impersonates real persons without consent
• •Generate misleading political or news content
• •Remove or alter copyright or metadata information
• •Create content for illegal or harmful purposes

Subscription Plans

• •Free tier includes watermarked results and limited monthly usage
• •Paid plans remove watermarks and increase usage limits
• •Subscriptions automatically renew unless cancelled
• •Prices are in US dollars unless otherwise specified
• •We may change prices with 30 days advance notice
• •Applicable taxes will be added to all prices

Payment Processing

We use third-party payment processors (Stripe) to handle billing. By providing payment information, you authorize us to charge your payment method for all fees incurred.

Refund Policy

All sales are final. We do not offer refunds except where required by law. Unused credits do not expire but are non-transferable.

Our Intellectual Property

SmartyCrop and its original content, features, functionality, and technology are owned by Cloveria Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your License to Use Our Service

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Service in accordance with these Terms.

Feedback and Suggestions

Any feedback, suggestions, or ideas you provide about our Service become our property and may be used without compensation to you.

Data Collection and Use

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms. We comply with Canadian privacy laws including PIPEDA.

Data Retention

• •Uploaded images are automatically deleted after 24 hours
• •Processed results are stored for 30 days for registered users
• •Account data is retained while your account is active
• •We may retain anonymized data for analytics and improvement

Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTYCROP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Liability Cap

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED US DOLLARS (USD $100) OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless SmartyCrop, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• •Your use or misuse of the Service
• •Your violation of these Terms
• •Your violation of any rights of another party
• •Your content or any content uploaded using your account

Termination by You

You may terminate your account at any time through your account settings. Termination does not entitle you to any refunds.

Termination by Us

We may suspend or terminate your account immediately if:

• •You violate these Terms or our policies
• •We suspect fraudulent, abusive, or illegal activity
• •You fail to pay fees when due
• •Required by law or legal process
• •Continued use poses a risk to other users or our Service

Effect of Termination

• •Your right to use the Service immediately ceases
• •We may delete your data after 30 days
• •You remain liable for any outstanding fees
• •Provisions meant to survive termination will remain in effect

Informal Resolution

Before filing a claim, you agree to try to resolve disputes informally by contacting us at legal@smartycrop.com. Most disputes can be resolved informally within 30 days.

Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration under the Arbitration Act (Ontario), except for disputes concerning intellectual property or seeking injunctive relief.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in class actions to the fullest extent permitted by law.

Electronic Communications

By using our Service, you consent to receive electronic communications from us. These may include notices about your account, updates to our terms, and promotional messages (which you can opt out of).

Notice Requirements

Legal notices must be sent to: legal@smartycrop.com or by mail to our registered office in Toronto, Ontario. Notices are effective upon receipt.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SmartyCrop.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your rights under them. We may assign our rights to any of our affiliates or successors.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. The exclusive jurisdiction for any disputes will be the courts of Ontario, Canada, except for arbitrable disputes as outlined above.

International Users

If you access our Service from outside Canada, you are responsible for compliance with local laws. You agree that your use of our Service will not violate any applicable laws in your jurisdiction.

Quebec Residents

For residents of Quebec, these Terms are also available in French. In case of any discrepancy, the French version shall prevail for Quebec residents.

EU/UK Residents

If you are located in the European Union or United Kingdom, additional terms may apply as outlined in our Privacy Policy, including enhanced data protection rights under GDPR.

Accessibility

We are committed to making our Service accessible. If you need these Terms in an alternative format, please contact us.