These Terms and Conditions ("Terms") govern your access to and use of the services, features, and functionality provided by SMDM.site ("SMDM," "we," "us," or "our")—an AI-powered social media management platform that enables content planning, automation, publishing, and analytics across multiple social channels. By registering for, accessing, or using SMDM’s services (the "Services"), you ("you," "your," or "User") agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or rules posted on the Platform. If you do not agree to these Terms, you may not use the Services.
You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use the Services. If you are using the Services on behalf of a business, organization, or other entity, you warrant that you have the authority to bind that entity to these Terms.
To access certain features of the Services, you must create an account by providing accurate, complete, and up-to-date information (including a valid email address and password). You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
Each account is tied to the subscription plan you select (e.g., Basic, Standard, VIP). You may only connect the number of social media accounts permitted by your plan (3 accounts for Basic, 10 for Standard, 1000 for VIP, etc.). Exceeding the account limit without upgrading your plan may result in temporary suspension of your Services or account restrictions.
SMDM provides tools to automate social media content creation, scheduling, publishing, analytics, and team collaboration across supported platforms (including but not limited to Facebook, Instagram, TikTok, X/Twitter, LinkedIn, YouTube, and others listed on the Platform). The specific features available to you depend on your subscription plan (see Section 5 for details).
We grant you a non-exclusive, non-transferable, revocable license to use the Services solely for your own legitimate business or personal purposes, in compliance with these Terms and applicable laws. You may not:
- Modify, reverse-engineer, decompile, or attempt to access the source code of the Services;
- Use the Services for any illegal, fraudulent, or malicious activity (including but not limited to spamming, phishing, or distributing harmful content);
- Sell, resell, rent, or lease access to the Services to third parties without our prior written consent;
- Bypass or manipulate our rate limits, security measures, or usage restrictions.
Your use of the Services to interact with third-party social media platforms (e.g., TikTok, Instagram) is subject to the terms of service of those platforms. You warrant that you have the right to access and use those third-party accounts and that your use of the Services will not violate the third party’s rules. We are not liable for any action taken by a third-party platform (e.g., account suspension, content removal) resulting from your use of the Services.
You retain all ownership rights to the content you create, upload, or publish through the Services (including posts, images, videos, logos, and brand materials). By using the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and distribute your content solely to provide and improve the Services (e.g., scheduling posts to your social media accounts, generating analytics).
SMDM’s AI tools (e.g., content generators, writing assistants, templates) may produce suggested content for your use. We do not claim ownership of AI-generated content, but you acknowledge that:
- AI-generated content is provided for inspiration only and may require human review to ensure accuracy, compliance, and alignment with your brand;
- You are solely responsible for any AI-generated content you publish, including ensuring it does not infringe on third-party intellectual property rights or violate applicable laws.
All intellectual property rights in the Services (including software, algorithms, logos, trademarks, and documentation) are owned by SMDM or our licensors. You may not use our intellectual property without our prior written consent.
You agree that all content you publish or distribute through the Services will comply with:
- These Terms;
- Applicable laws and regulations (including data protection laws such as GDPR, copyright laws, and advertising standards);
- The terms of service of third-party social media platforms;
- Prohibited content includes (but is not limited to):
- Illegal, violent, hateful, or discriminatory content;
- Copyright-infringing, trademark-infringing, or counterfeit content;
- Misleading, deceptive, or fraudulent content;
- Personal data of third parties without their consent.
You acknowledge that SMDM’s approval process feature is provided to help you ensure content quality and compliance, but we are not responsible for reviewing or verifying your content. It is your sole responsibility to review all content before publication.
You may use the Services’ watermark and branding tools only to add your own legitimate logos or brand identifiers. You may not use these tools to add infringing, misleading, or offensive marks.
You may choose a subscription plan (Basic, Standard, VIP, or Lifetime) as described on the Platform. Each plan has specific limits on the number of social media accounts, features, and usage rights. We reserve the right to modify plan features or pricing at any time, but we will notify you of material changes at least 30 days in advance.
- Subscription Plans: Monthly and annual plans require recurring payment (billed monthly or annually, as selected) using a supported payment method (Stripe, PayPal, AMEX, Mastercard, Visa, etc.). Payments are non-refundable unless otherwise stated.
- Lifetime Plan: The Lifetime VIP plan requires a one-time payment and provides permanent access to the Services (subject to these Terms and our right to discontinue the Services as set forth in Section 7).
- Billing: You authorize us to charge your selected payment method for the applicable plan fee. If payment fails, we may suspend your Services until payment is processed.
- You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period; no prorated refunds will be provided for partial periods.
- Lifetime plans are non-refundable unless the Services are discontinued by us (see Section 7.2 for refund terms in case of discontinuation).
- We reserve the right to offer refunds at our sole discretion (e.g., for technical issues that prevent you from using the Services for an extended period).
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, store, and protect your personal data. By using the Services, you consent to the data practices described in the Privacy Policy.
- We only collect and process data necessary to provide the Services (e.g., social media analytics data, account information);
- We do not sell your personal data to third parties without your consent;
- You are responsible for ensuring that your use of the Services complies with applicable data protection laws (e.g., obtaining consent from users whose data you collect through short links or tracking tools).
We implement reasonable security measures to protect your data from unauthorized access, loss, or misuse. However, no online service is 100% secure, and we cannot guarantee the absolute security of your data.
You may terminate your account at any time by contacting our support team or using the account deletion feature (if available). Upon termination, your access to the Services will cease, and we may retain your data for a reasonable period to comply with legal obligations or resolve disputes (see our Privacy Policy for details).
We may suspend or terminate your account and access to the Services at any time, with or without notice, if:
- You violate these Terms (including but not limited to non-payment, content violations, or unauthorized use);
- We discontinue the Services or a specific feature (we will provide at least 30 days’ notice of discontinuation, and Lifetime plan users will receive a pro-rata refund based on the remaining service period);
- We believe your use of the Services poses a risk to us, other users, or third parties.
Upon termination:
- All licenses granted to you under these Terms will terminate;
- You must cease using the Services;
- We will not be liable for any damages resulting from termination of your account.
The Services are provided "as is" and "as available" without warranties of any kind, express or implied (including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement). We do not warrant that:
- The Services will be error-free, uninterrupted, or available at all times;
- AI-generated content will be accurate, original, or compliant with applicable laws;
- The Services will meet your specific needs or expectations.
To the maximum extent permitted by applicable law:
- SMDM shall not be liable for any indirect, incidental, consequential, special, or punitive damages (including but not limited to lost profits, data loss, or business interruption) arising from your use of or inability to use the Services;
- Our total liability to you for any claims arising from these Terms or the Services shall not exceed the amount you paid to us for the Services in the 12 months prior to the claim.
You agree to indemnify, defend, and hold harmless SMDM, its affiliates, directors, employees, and licensors from any claims, damages, liabilities, or expenses (including attorney’s fees) arising from:
- Your use of the Services;
- Your violation of these Terms or applicable laws;
- Your content (including AI-generated content you publish);
- Unauthorized use of your account.
We may update these Terms from time to time. We will notify you of changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.
These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction, e.g., the State of California, USA], without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiation. If negotiation fails, the dispute shall be submitted to arbitration in [Insert Arbitration Location] in accordance with the rules of [Insert Arbitration Body, e.g., the American Arbitration Association].
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control (including but not limited to natural disasters, cyberattacks, or third-party service outages).
By using SMDM.site, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
