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Terms of use

Terms of Service 

This agreement forms a binding contract between you and Fireflow Creative Collective LLC (“Fireflow Creative”, “Smart Keys,” “we,” “us,” or “our”) and governs your access to and use of our software and services, including any future software or services we may offer.

If you are entering into this agreement on behalf of an organization, you confirm that you have the legal authority and capacity to bind that organization to these terms, and in such cases, all references to “you” hereafter will refer to that organization.

1. Acceptance of Terms
By clicking “Agree” or “Accept,” or by downloading, installing, or using our services, you confirm that you have read, understood, and agree to these Terms of Service, effective from the date of your action (the “Effective Date”).

If you do not agree to any of the terms outlined in this agreement, please refrain from downloading, installing, or using our services. By accessing, installing, downloading, or using our services, and/or software, you confirm that you are at least 18 years old (or if you are between 13 and 17 years old, that you are doing so with the parental consent). You also confirm that you are legally capable of entering into this agreement and that you have read, understood, and agree to be bound by its terms.

2. About Us
Smart Keys is developed and operated by Fireflow Creative Collective LLC. For more information about us, please visit our website.

3. Paid Subscriptions

  • Billing: If you choose to upgrade to a paid plan, your account will be billed from the date of the upgrade and automatically at each renewal period unless you cancel. You are responsible for any applicable taxes.
  • Refund Policy: Refunds will be provided as required by law.
  • Subscription Downgrade: Your paid plan will remain active until canceled or terminated. If payment is missed, we may reduce your access to the free version.
  • Lifetime Subscriptions: Lifetime subscriptions provide access to the specified features and services for the duration of the product’s availability. However, Smart Keys reserves the right to discontinue the service if the company is terminated, sold, or ceases to operate. In such cases, lifetime subscriptions will no longer be honored, and no refunds will be issued unless required by law.
  • Free Trials: We may offer free trials for our services. If you cancel before the trial ends, the remaining trial period will be forfeited.
  • Free Limited Use: We may offer a free plan with limited daily use, allowing users to access specific features or services up to a certain threshold each day. This usage limit is subject to change at our discretion, and exceeding the daily limit may require upgrading to a paid plan or waiting until the next day for the usage to reset.
  • Fee Adjustments: We reserve the right to change our fees. New rates will apply to your next billing cycle.

4. Your Data Ownership and Permissions

  • User Content: Refers to any text, documents, or other materials you input, upload, or share using our services. You retain ownership of your User Content.
  • License Grant: You provide us with a license to use your User Content solely to operate, improve, and develop our services. This license is global, non-exclusive, royalty-free, and lasts as long as your content is protected by intellectual property laws.

4.1 User-Created Keys

While the Smart Keys app allows users to create customizable keys, users do not retain ownership rights over these keys. Each user may choose to make a key public or keep it private. However, selecting the public option does not guarantee that the key will be available to all other users. Smart Keys reserves the right to modify, improve, or delete any user-generated key without prior notice, particularly in cases of policy infringement or content updates. By creating a key, users agree that Smart Keys may enhance the functionality or content of these keys without attributing credit to the original creator. Additionally, other users may create similar or identical keys, and Smart Keys does not guarantee exclusive use or originality of any user-generated key.

5. Our Intellectual Property and License to You
We grant you a limited, non-exclusive, revocable license to use our software strictly for accessing our services. Except for this license, all rights to our products, trademarks, and logos remain with Fireflow Creative Collective LLC.

6. Use of AI Features

  • Generated Outputs: You are responsible for the inputs and outputs generated using our AI features.
  • Usage Limits and Restrictions: Depending on your subscription, usage limits may apply. You may not use AI features to create competing products or mislead others about the origin of the content.

7. Usage Restrictions and Responsibilities

  • Acceptable Use: You must adhere to our Acceptable Use Policy, which prohibits misuse of our services, including illegal activities, disruption, or inappropriate content.
  • Account Security: You are responsible for keeping your account information secure and confidential.

8. Termination of Services
We reserve the right to suspend or terminate your access to our services if you violate these terms, misuse the service, or fail to access your free account for 12 consecutive months. We will provide notice before termination, allowing you to address the issue or export your data.

9. Changes to Services
We continually improve our products and may add or remove features as needed.

10. Notices
We will provide you with reasonable advance notice of any necessary updates or changes via our keyboard or through in-product notifications to ensure you are informed and prepared for any adjustments to our services.

11. Warranty Disclaimers

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, FIREFLOW CREATIVE COLLECTIVE LLC, ITS AFFILIATES, AND THEIR SUPPLIERS AND DISTRIBUTORS (COLLECTIVELY, THE “FIREFLOW ENTITIES”), EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, REGARDING OUR PRODUCTS. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, AS WELL AS WARRANTIES RELATED TO SECURITY, QUIET ENJOYMENT, RELIABILITY, TIMELINESS, AND PERFORMANCE. YOU ACKNOWLEDGE THAT YOUR USE OF OUR PRODUCTS IS AT YOUR OWN RISK AND THAT OUR PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE ABOVE, THE FIREFLOW ENTITIES DO NOT WARRANT THAT THE OPERATION OF OUR PRODUCTS WILL MEET YOUR EXPECTATIONS OR BE UNINTERRUPTED OR ERROR-FREE. FIREFLOW’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

WE MAKE NO WARRANTY REGARDING THE OUTPUTS THAT MAY BE PRODUCED THROUGH THE USE OF GENERATIVE AI FEATURES, INCLUDING BUT NOT LIMITED TO THE FACTUAL ACCURACY OF ANY OUTPUTS OR THEIR SUITABILITY FOR YOUR SPECIFIC USE CASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY GENERATIVE AI OUTPUTS IS AT YOUR OWN SOLE RISK. GIVEN THE CURRENT NATURE OF GENERATIVE TECHNOLOGY, YOU SHOULD NOT RELY ON FIREFLOW’S GENERATIVE AI AS A SOLE SOURCE OF FACTUAL INFORMATION. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH FIREFLOW SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN.

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12. Acceptable Use Policy
Smart Keys is designed to be a versatile tool used by many to enhance communication across languages. For our service to function effectively for everyone, we trust that users will interact with it responsibly. When we mention “our services,” this refers to all our products, including apps, websites, and software.

By using our services, you agree to use them appropriately and not to misuse them or assist others in doing so. This includes, but is not limited to, refraining from the following activities:

  • Disruption and Circumvention:
    • Do not probe, scan, or test the vulnerability of our services unless you are part of an authorized program.
    • If you are blocked from accessing our services (e.g., by IP address), you are not permitted to circumvent such blocking (e.g., by using proxy servers or VPNs).
    • Do not interfere with the proper functioning of our services, including but not limited to submitting malicious software, overloading, “flooding,” “spamming,” or “crashing” our systems.
    • Do not attempt to access or derive the source code or architecture of any of our services.
    • Do not access content or data not intended for you, or attempt to log into accounts you are not authorized to access.
    • You must not access, search, or create accounts for our services by any means other than our publicly supported interfaces (e.g., scraping or bulk account creation is prohibited).
  • Prohibited Activities:
    • You may not use our services for any illegal purposes or in violation of any applicable laws, including data protection laws, anti-corruption laws, and other relevant regulations.
    • Misuse of our intellectual property is not allowed. This includes copying, modifying, or creating derivative works based on our content, or transmitting it in ways not permitted by us.
    • Do not use our services for the benefit of any third party unless you are an authorized reseller with legitimate business purposes.
    • Do not impersonate any person or entity, or misrepresent your affiliation with any person or entity.
    • Selling, reselling, or leasing our services without our permission is prohibited.
    • You must not use our services to build a competing product, service, or solution.
    • If you are a member of a Smart Keys Business or Education account, you may not use the service for personal, family, or household purposes.
    • Abuse or harassment of Smart Keys personnel, representatives, or agents performing services on our behalf will not be tolerated.
    • Abuse of referrals or promotions is prohibited.
  • Inappropriate Content:
    • You must not transmit or upload any content that infringes on intellectual property rights, violates any law, contains malicious code, poses a security risk, or is otherwise objectionable.
    • Submitting offensive content, including material that may offend a general audience or make some readers uncomfortable, may result in rejection by our services.
    • Violating the privacy of others, including sharing personal or confidential information without consent, or collecting others’ personal information from our services, is strictly prohibited.
    • Harassment or promoting hate against any individual or group based on race, ethnicity, nationality, gender, sexual orientation, religion, age, disability, or other protected classifications is not allowed.
    • Storing, transmitting, or processing any information classified as “Protected Health Information” under HIPAA, unless a current Business Associate Agreement is in place, is prohibited.

If you violate this Acceptable Use Policy, we reserve the right to take appropriate action, which may include, but is not limited to, suspending or terminating your access to our services.

13. Resolving Disputes
If a dispute arises, we will first attempt to resolve it informally. If unresolved, formal proceedings may be initiated with a written notice. Any legal proceedings will be conducted in federal or state courts in Contra Costa County, California unless arbitration is required.

14. Judicial Forum 

You and Smart Keys agree that any judicial proceeding to resolve claims relating to these terms or our products will be brought in the federal or state courts of Contra Costa County, California, subject to the mandatory arbitration provisions below. Both you and Smart Keys consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts (for example, European Union member states), this paragraph doesn’t affect those requirements.

15. Arbitration and Class Action Waiver

IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION TERMS:

  • Mutual Agreement to Arbitrate: You and Smart Keys agree to settle any disputes related to these terms or our products exclusively through final and binding arbitration conducted by a single arbitrator, except as outlined in the “Exceptions to Arbitration Agreement” below. This includes any disagreements concerning the interpretation or enforcement of this “Mandatory Arbitration Terms” section, as well as its validity, revocability, or enforceability.
  • Opt-Out Option: You have the right to opt out of these arbitration terms (and any future amendments to them) by sending an email to [email protected] within 30 days of agreeing to a version of these terms that includes arbitration provisions. However, if you previously agreed to a version of these terms that contained an arbitration clause, you remain bound by those terms.
  • Arbitration Procedures: The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will take place in Contra Costa County, California, or another location mutually agreed upon. During the arbitration process, neither Smart Keys nor you shall disclose the amount of any settlement offer until the arbitrator has made a final decision regarding the amount, if any, owed.
  • Fees and Incentives for Arbitration: Payment of arbitration fees will be governed by AAA rules. Smart Keys will cover all arbitration fees for individual arbitration of non-frivolous claims under $20,000. Smart Keys will not seek to recover its attorneys’ fees or costs in arbitration unless the arbitrator determines that your claim is frivolous.
  • Exceptions to Arbitration Agreement: You or Smart Keys may bring claims in small claims court, provided they qualify, either in Contra Costa County, California, or in any county in the United States where you live or work. Either party may also file a lawsuit solely for injunctive relief to prevent unauthorized use or abuse of the products or to protect intellectual property rights (e.g., trademark, trade secret, copyright, or patent rights) without first resorting to arbitration or informal dispute resolution. If the arbitration agreement is deemed not applicable to you or your claim, you agree to submit to the exclusive jurisdiction of the state and federal courts in Contra Costa County, California, to resolve the matter.
  • Arbitration: Any conflicts will be resolved through arbitration, except for certain claims that may be addressed in small claims court or for injunctive relief.
  • No Class Actions: Disputes must be settled on an individual basis, and you agree not to participate in or initiate any class action lawsuits.

16. Governing Law
These terms are governed by the laws of California, except where local laws require otherwise.

17. General Legal Terms

  • Waiver, Severability, and Assignment: Our failure to enforce any provision of these terms does not constitute a waiver of our right to enforce it at a later time. If any provision of these terms (other than the prohibition of class actions) is found to be unenforceable, the remaining provisions will continue to be in full effect, and a valid, enforceable provision that closely reflects our original intent will be substituted. You may not assign any of your rights or obligations under these terms, and any such attempted assignment will be null and void. We may assign our rights and obligations to any of our affiliates, subsidiaries, or any successor in interest related to our products or services.
  • Entire Agreement: These terms represent the complete agreement between you and Fireflow Creative Collective LLC regarding your use of our services.
  • Changes to Terms: We may update these terms as necessary. Significant changes will be communicated with advance notice.

18. Contact Information
If you have any questions or concerns, please contact us at [email protected].

Thank you for using Smart Keys!