Full Terms and Conditions

These Terms govern the use of this Application ("Smart Clip"), and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Although the entire contractual relationship relating to the Products/Service is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store or Google Play Store, the respective store operator (Apple/Google) may enforce these Terms as a third-party beneficiary.

This Application is provided by:

Owner: Pedro Manfredi (Clutch Developer)
Pau Alsina 64, bloque A, 3, 1, Barcelona, 08024, Spain

Owner contact email: info@clutchdeveloper.com

Information about this Application (Smart Clip)

Smart Clip ("the App" or "the Service") is a platform that utilizes artificial intelligence technology to assist users by improving, translating, or rewriting text they provide. Users submit their text content to the App, which processes it using AI algorithms and returns a modified version based on the User's selected function. The App is intended for use as is. The Owner does not provide any warranty or representation regarding the absolute accuracy, suitability, or quality of the text generated or modified by the App's AI. Users acknowledge and accept that the AI-generated output may contain errors or inaccuracies and might not always meet their specific expectations or requirements. Users are solely responsible for reviewing, verifying, and appropriately using the output generated by the App. The Owner shall not be held liable for any damages, losses, or consequences resulting from the use of the App or reliance on its output.

"This Application" or "Smart Clip" refers to:

• the Smart Clip software application;
• the related Service provided by the Owner;
• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation.

What the User should know at a glance

• Usage of this Application and the Service may be age-restricted: to access and use this Application and its Service the User must be an adult under applicable law or have parental/guardian consent where permitted.
• The Service/this Application is primarily intended for Consumers, but business use might be permitted under specific conditions outlined herein or in separate agreements.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

• Users meet the applicable age requirements or have necessary consent.
• Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Account registration

To use certain features of the Service, Users may need to register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so may cause unavailability of certain features or the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet high standards of strength.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

• Accounts registered by bots or any other automated methods are generally not permitted unless explicitly allowed for specific functions (e.g., API access).
• Unless otherwise specified, each User must register only one account.
• Unless explicitly permitted, a User account may not be shared with other persons.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By using the tools provided for account termination on this Application, if available.
• By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive, or in violation of these Terms, or harmful to the Service or Owner's interests.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application (such as UI elements, text, graphics, logos, software excluding User-provided text) is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content owned by the Owner. Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service, without prior written permission.

Content provided by Users

Users are permitted to submit, upload, or otherwise provide their own text content ("User Content") to this Application for the sole purpose of utilizing the Service's features (improvement, translation, rewriting).

By providing User Content to this Application, Users confirm that they are legally allowed to do so (e.g., they own the content or have the necessary rights/licenses) and that their content does not infringe any statutory provisions and/or third-party rights (including copyright, privacy, and confidentiality).

Rights regarding User Content & AI Output

License to Owner: By providing User Content on this Application, Users grant the Owner a non-exclusive, worldwide, royalty-free license to process, modify, translate, reproduce (as necessary for processing), and transmit such User Content solely for the purpose of operating the Service, providing the requested AI features to the User, and maintaining/improving the Application as contractually required. This license terminates when the User Content is deleted from the Service or the User terminates their account, except as necessary for residual backups or legal obligations.

Ownership of AI Output: Subject to the underlying rights in the original User Content and any terms imposed by third-party AI providers, the User retains ownership of the specific output generated by the Service based on their User Content. The User is granted a license to use the AI-generated output according to these Terms.

Liability for provided content

Users are solely liable for any User Content they provide through this Application. Users acknowledge and accept that the Owner does not pre-screen or moderate User Content but reserves the right to do so.

The Owner reserves the right to remove, delete, block, or refuse to process User Content at its own discretion and without prior notice if:

• it becomes aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
• it receives a notice of infringement of intellectual property rights or violation of privacy/confidentiality;
• it is ordered by a public authority; or
• the Owner reasonably believes the content may represent a risk for Users, third parties, the Owner, and/or the availability of the Service.

The removal, deletion, blocking, or refusal to process content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to User Content they provided to or processed through this Application.

Disclaimer regarding AI Output

Users acknowledge that the AI-generated output provided by Smart Clip is created by automated systems and may contain errors, inaccuracies, biases, or unintended information. The Owner makes no warranties regarding the accuracy, reliability, completeness, or suitability of the AI output for any specific purpose.

Users are solely responsible for reviewing, validating, and using the AI-generated output. The Owner disclaims all liability for any consequences arising from the User's use of or reliance on the AI output.

Access to external resources

Through this Application Users may have access to external resources provided by third parties (e.g., links, third-party AI models via API). Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content, availability, or terms. Conditions applicable to any resources provided by third parties result from each such third party's terms and conditions or applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights. Users agree not to use the Service to:

• Process content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Infringe any intellectual property rights or other rights of any third party;
• Process confidential information they do not have a right to transmit;
• Generate malicious code or content;
• Attempt to reverse engineer, decompile, or discover the source code or underlying algorithms of the Service or the AI models used;
• Impair the Owner’s legitimate interests or cause harm to the Owner or any third party.

The Owner reserves the right to take any appropriate measure to protect its legitimate interests, including denying Users access, terminating contracts, or reporting misconduct to competent authorities.

Software license

Subject to Users’ compliance with these Terms, the Owner grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software embedded in the Service solely for accessing and using the Service according to these Terms. This license does not grant Users any rights to access, usage or disclosure of the original source code. All rights and license grants shall immediately terminate upon any termination or expiration of the Agreement.

TERMS AND CONDITIONS OF SALE

Paid Products

Some features or usage levels of the Service may be provided on the basis of payment ("Paid Products"). The fees, duration, and conditions applicable to the purchase of such Paid Products are described below and in the dedicated sections of this Application. To purchase Paid Products, the User may need to register or log into this Application.

Product description

Prices, descriptions, or availability of Paid Products are outlined in the respective sections of this Application and are subject to change without notice. Representation on this Application is for reference only and implies no warranty as to the exact characteristics of the purchased Product.

Purchasing process

The purchasing process involves selecting the desired Product/Subscription, reviewing the selection, providing required information (if any, beyond app store details), and submitting the order via the mechanisms provided (e.g., in-app purchase flow). By submitting an order, Users commit to paying the agreed-upon price.

Order submission & Acceptance

Order submission creates the obligation to pay. For purchases via app stores (Apple App Store, Google Play Store), the order submission and acceptance process is governed by the respective store's terms and procedures. Confirmation is typically received via the app store.

Prices

Users are informed during the purchasing process and before order submission about any fees, taxes, and costs. Prices on this Application are displayed including applicable taxes unless otherwise stated.

Methods of payment

Payments are typically processed via third-party app stores (Apple App Store, Google Play Store). Accepted payment methods are determined by the respective app store platform. This Application does not directly collect or store sensitive payment information like credit card details. It only receives confirmation of successful payment from the app store provider. If a payment fails, access to the Paid Product may be denied or revoked.

Purchase via app store

This Application or specific Paid Products available for sale on this Application must be purchased via a third-party app store (e.g., Apple App Store, Google Play). Users must follow the instructions provided on the relevant online store. Purchases via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall prevail regarding the purchase transaction itself. Users must read and accept those terms.

Subscriptions

Subscriptions allow Users to receive a Product/Service continuously or regularly over time.

Subscriptions handled via App Stores (Apple ID / Google Account)

Users may subscribe using their Apple ID or Google Account via the relevant process on this Application. Users acknowledge and accept that:

• Payment will be charged to their respective app store account.
• Subscriptions often automatically renew for the same duration (e.g., monthly) unless cancelled by the User via their app store account settings at least 24 hours before the current period ends.
• Renewal fees will be charged within 24 hours prior to the end of the current period.
• Subscriptions can be managed or cancelled in the Users’ respective app store account settings.
• These app store terms prevail over conflicting provisions in these Terms regarding the subscription payment and management process.

Termination of Subscriptions

Users can manage or cancel subscriptions through their Apple App Store or Google Play account settings.

User rights

Right of withdrawal (European Consumers)

Unless exceptions apply, Users qualifying as European Consumers may be eligible to withdraw from online contracts within 14 days without justification. However, Users acknowledge and accept that the right of withdrawal typically does not apply to contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the User’s prior express consent and their acknowledgment that they thereby lose their right of withdrawal. By purchasing or accessing Paid Products on Smart Clip immediately, Users typically consent to immediate performance and waive their right of withdrawal, subject to applicable consumer law. Specific details will be provided during the purchase process where applicable.

Liability and indemnification

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand — including reasonable attorney's fees and costs — made by any third party due to or in relation with the User's culpable violation of these Terms, infringement of third-party rights, violation of applicable law, or related to the User Content submitted or processed via the Service.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable mandatory statutory provisions (especially regarding liability for intent, gross negligence, or damages to life, health, or physical integrity), the Owner's liability shall be limited as follows:

The Owner shall not be liable for indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service or its output.

The Owner's total liability arising out of or related to these Terms or the Service shall not exceed the amount paid by the User to the Owner for the Service in the 12 months preceding the claim, or a nominal amount (e.g., EUR 50) if the User has not made any payments, whichever is greater.

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.

Nothing in these Terms shall limit or exclude liability that cannot be limited or excluded under applicable law (e.g., mandatory consumer protection rights).

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately where feasible. Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law and the Privacy Policy. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control (force majeure).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission.

Privacy policy

To learn more about the use of their Personal Data, Users must refer to the privacy policy of this Application, which is incorporated by reference into these Terms.

View Privacy Policy

Intellectual property rights

Without prejudice to any more specific provision of these Terms (like User Content rights), any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes (e.g., via notification within the App or email). Such changes will only affect the relationship with the User from the date communicated onwards. The continued use of the Service after notification will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate their account/subscription. The applicable previous version will govern the relationship prior to the User's acceptance.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Contact Email: info@clutchdeveloper.com

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Any invalid or unenforceable provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent (EU Users: parties shall seek amicable agreement or statutory provisions apply; US Users: standard reformation clause applies).

Governing law

These Terms are governed by the law of Spain, without regard to conflict of laws principles.

Prevalence of mandatory consumer protection law

However, regardless of the above, if the law of the country where the User is located provides for higher applicable consumer protection standards, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of Barcelona, Spain.

Exception for Consumers in Europe: The above does not apply to any Users that qualify as European Consumers. For such Consumers, the competent courts shall be those of the User's place of residence or domicile.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably. Users are kindly asked to contact the Owner at the contact details provided in this document. The Owner will process the complaint without undue delay (aiming for within 21 days). This does not affect the User's right to take legal action.

Online dispute resolution for Consumers (Europe)

The European Commission has established an online platform for alternative dispute resolutions (ODR Platform). European Consumers (or those in Norway, Iceland, Liechtenstein) can use this platform for resolving disputes stemming from online contracts. The platform is available at: http://ec.europa.eu/odr.