U.S. User Agreement
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SMART OWL AI | SMART OWL SOCIAL | SMART OWL SOCIAL PRO TERMS OF USE, USER AGREEMENT & ACCEPTABLE USE POLICY
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Effective Date: January 1, 2026
Last Updated: February 2026 Published at: smartowlai.com/us-user-agreement
Anthony Franck | SmartOwlAi.com support@smartowlai.com ================================================================================
IMPORTANT NOTICE: READ CAREFULLY BEFORE USE
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By installing, activating, or using Smart Owl Social or Smart Owl Social Pro (collectively the “Software”), you agree that you have read, understood, and consent to be legally bound by these Terms of Service. If you do not agree to all terms herein, you must immediately cease all use of the Software and uninstall it from your systems. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A LIMITATION OF LIABILITY CLAUSE. PLEASE READ EACH SECTION CAREFULLY BEFORE YOU AGREE TO THE TERMS.
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SECTION 1. DEFINITIONS
As used in these Terms of Service, the following terms have the meanings set forth below: “Smart Owl AI” means the suite of WordPress plugins, tools, and services created and operated by Anthony Franck, accessible at SmartOwlAi.com. “Smart Owl Social” means the free tier WordPress plugin for social media scheduling and AI-assisted content creation. “Smart Owl Social Pro” means the paid premium tier WordPress plugin with expanded features including video generation and unlimited content scheduling. “Software” means Smart Owl AI, Smart Owl Social, Smart Owl Social Pro, and all associated tools, files, APIs, and services collectively. “User” or “You” means any individual or entity that installs, accesses, or uses the Software. “Content” means any text, images, videos, or other media created, generated, scheduled, or published using the Software. “Third-Party Platforms” means social media platforms including but not limited to Facebook, Instagram, X (Twitter), LinkedIn, TikTok, YouTube, Pinterest, Threads, Reddit, and Telegram. “AI Generation APIs” means third-party artificial intelligence services used for image or video generation including but not limited to OpenAI, Google AI, Replicate, SiliconFlow, Ideogram, Alibaba Cloud, Stability AI, Runway, Kling, Luma Labs, and Pika. “API Keys” means authentication credentials you obtain directly from Third-Party Platforms or AI Generation API providers.
SECTION 2. ELIGIBILITY REQUIREMENTS
YOU MUST MEET ALL OF THE FOLLOWING REQUIREMENTS TO USE THIS SOFTWARE:
2.1 Age Requirement
You must be eighteen (18) years of age or older to use the Software. By accepting these terms, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, you are strictly prohibited from using the Software. We reserve the right to terminate accounts upon discovery that the User is under 18.
2.2 Geographic Restriction
The Software is available ONLY to residents of the United States of America. You represent and warrant that: – You are a legal resident of the United States. – You are not accessing the Software from outside the United States. – You are not using a Virtual Private Network (VPN), proxy server, or any other technology to mask your geographic location. – You acknowledge that use of VPN or proxy services to circumvent geographic restrictions constitutes a material breach of these Terms. We employ automated VPN detection technology. Users detected as using VPN or proxy services will be denied access without notice or refund.
2.3 Entity Requirement
You must identify yourself as either (a) an individual or (b) a company. If registering as a company, you represent that you have full legal authority to bind that company to these Terms and you must provide: – Legal business name as registered with your state. – Full business address. – Business ZIP code. – Employer Identification Number (EIN) or Tax ID (optional but recommended).
2.4 Legal Capacity
You represent that you have the legal capacity to enter into binding contracts under the laws of the United States and the state in which you reside.
SECTION 3. ACCOUNT REGISTRATION & COMPLIANCE FORM
Before using any features of the Software, you are required to complete a compliance registration form available at: smartowlai.com/smart-owl-social-compliance
This form collects:
– First name and last name.
– Email address (used for confirmation and communications).
– Date of birth (to verify 18+ age requirement).
– ZIP code (to verify US residency).
– Entity type declaration (individual or company).
– Business information if registering as a company.
– IP address (automatically captured for verification and audit purposes).
Upon form submission, you will receive an email confirmation at the address provided.
A copy of your registration and all accepted terms will be retained by Smart Owl AI for compliance and audit purposes. By submitting the form, you grant Smart Owl AI permission to retain this information indefinitely as part of our compliance records.
SECTION 4. REQUIRED TERMS ACCEPTANCE
Before using the Software, you must review and accept each of the following three categories of terms. Acceptance of all three is mandatory. You may not proceed past the compliance registration screen until all three have been accepted.
4.1 Third-Party Platform Terms
By connecting any social media platform to the Software, you represent that you have read, understand, and agree to comply with the terms of service and community guidelines for each connected platform, including but not limited to:
– Facebook Terms of Service: facebook.com/terms.php
– Instagram Terms of Service: help.instagram.com
– X (Twitter) Terms: twitter.com/en/tos
– LinkedIn User Agreement: linkedin.com/legal/user-agreement
– TikTok Terms of Service: tiktok.com/legal/terms-of-service
– YouTube Terms of Service: youtube.com/t/terms
– Pinterest Terms: policy.pinterest.com/en/terms-of-service
– Threads Terms: help.instagram.com/769983657850450
– Reddit User Agreement: redditinc.com/policies/user-agreement
– Telegram Terms: telegram.org/tos You are solely responsible for understanding and complying with all platform terms.
Smart Owl AI makes no representations regarding the terms of any Third-Party Platform and is not responsible for changes to those terms.
4.2 AI Generation API Terms
By connecting any AI Generation API to the Software, you represent that you have read, understand, and agree to comply with the terms of service for each connected AI provider, including but not limited to:
LLM APIs:
– OpenAI API: https://openai.com/policies/services-agreement/
– Gemini API: https://ai.google.dev/gemini-api/terms
– DeepSeek API: https://cdn.deepseek.com/policies/en-US/deepseek-open-platform-terms-of-service.html
– Grok API: https://x.ai/legal/terms-of-service-enterprise
– Anthropic API: https://www.anthropic.com/legal/commercial-terms
– Perplexity API: https://www.perplexity.ai/hub/legal/terms-of-service
Image Generation APIs:
– Qwen Image 2.0 API: https://qwen-image.net/legal/terms
– Stable Diffusion XL API: https://platform.stability.ai/docs/terms-of-service
– FLUX Kontext Dev API: https://bfl.ai/legal/flux-api-service-terms
– Nano Banana Pro API: https://googlenanobanana.com/termsconditions
Video Generation APIs:
– Runway Gen-4.5 API: https://runwayml.com/terms-of-use
– Google Veo 3.1 API: https://ai.google.dev/gemini-api/terms-archive/terms_03_20_24#use-generated
– Seedance 1.5 Pro API: https://seedance15pro.com/terms
– Kling 2.6 API: https://kling.ai/document-api/protocols/paidServiceProtocol
– Pika 2.5 API: https://pika.art/acceptable-use-policy
– Vidu 2.0 API: https://platform.vidu.com/docs/privacy-policy
By using Smart Owl Ai, Smart Owl Social, Smart Owl Social Pro, you are responsible for all API usage costs charged directly by AI Generation API providers. Smart Owl AI does not pay for, reimburse, or have any visibility into your API usage , keys and costs.
4.3 Smart Owl Social Terms
You must accept these Terms of Service in their entirety. A scroll-through of the full document is required before acceptance is enabled.
SECTION 5. ACCEPTABLE USE POLICY
5.1 Permitted Use
The Software is provided exclusively for lawful social media content creation, scheduling, and publishing purposes. Permitted uses include: – Creating and scheduling original social media posts. – Generating AI images and videos for legitimate business or personal social media marketing. – Managing social media publishing calendars. – Analyzing and repurposing blog content for social media distribution. – Any other lawful, good-faith social media management activities.
5.2 Strictly Prohibited Uses
THE FOLLOWING USES ARE STRICTLY PROHIBITED AND CONSTITUTE A MATERIAL BREACH OF THESE TERMS:
a) Illegal Activities:
– Hacking, unauthorized system access, or data breaches.
– Distributing malware, viruses, spyware, or ransomware.
– Phishing, identity theft, credit card fraud, or financial scams.
– Money laundering, tax evasion, or other financial crimes.
– Selling or distributing counterfeit goods.
– Any activity that violates local, state, federal, or international law.
b) Harmful Content:
– Content promoting, inciting, or glorifying violence or terrorism.
– Content that facilitates human trafficking or exploitation.
– Content that sexualizes or exploits minors in any way.
– Content promoting self-harm or suicide.
– Threats, harassment, or cyberbullying of any individual or group.
c) Hate Speech & Discrimination:
– Content containing racial, ethnic, religious, or gender-based slurs.
– Content promoting white supremacy, Nazi ideology, or other hate movements.
– Content designed to incite discrimination against protected classes. d) Controlled Substances:
– Content promoting illegal drug trafficking or sales.
– Content facilitating illegal distribution of prescription medications.
e) Adult Content:
– Pornographic or sexually explicit content.
– Content advertising escort services or prostitution.
f) Misinformation:
– Deliberately false medical or health misinformation.
– Election interference or voting misinformation.
– Deepfakes or synthetic media designed to deceive.
g) Spam & Manipulation:
– Mass unsolicited communications (spam).
– Fake engagement services (buying followers, likes, or views).
– Operating bot networks or automated manipulation campaigns.
h) Privacy Violations:
– Doxxing (publishing private personal information without consent).
– Stalking or harassment campaigns.
– Non-consensual recording or distribution of private content.
i) Intellectual Property Violations include but are not limited to:
– Deliberate copyright infringement.
– Trademark violations or impersonation of brands or individuals.
5.3 Content Monitoring & Enforcement
Smart Owl AI employs automated content moderation filters. These filters may block, flag, or refuse to process content that appears to violate this Acceptable Use Policy. You understand that:
– Automated filters are not perfect and may occasionally flag legitimate content.
– You may appeal a content decision by contacting support@smartowlai.com.
– Smart Owl AI reserves the right to immediately suspend access for serious violations.
– Smart Owl AI may report illegal activity to appropriate law enforcement authorities.
– Smart Owl AI cooperates fully with law enforcement investigations.
SECTION 6. YOUR API KEYS & THIRD-PARTY SERVICES
The Software requires you to obtain and provide your own API keys from Third-Party Platforms and AI Generation API providers. You understand and agree that:
– You are solely responsible for obtaining valid API keys from each provider.
– You are solely responsible for all costs, charges, and fees assessed by API providers for your usage.
– Smart Owl AI stores your API keys in encrypted format within your WordPress installation.
– Smart Owl AI does not transmit your API keys to any external server controlled by Smart Owl AI.
– You are responsible for safeguarding your API keys and preventing unauthorized access.
– If you believe your API keys have been compromised, you must immediately revoke and replace them with each provider.
– Smart Owl AI assumes no liability for unauthorized use of your API keys by third parties.
SECTION 7. INTELLECTUAL PROPERTY
7.1 Your Content
You retain all ownership rights to Content you create using the Software. By using the Software to generate and publish Content, you represent and warrant that: – You have all necessary rights to publish the Content. – The Content does not infringe on any third-party intellectual property rights. – You have reviewed and complied with the content policies of each Third-Party Platform you publish to.
7.2 AI-Generated Content
Content generated by AI Generation APIs may be subject to the terms and ownership policies of those respective providers. You are responsible for reviewing and complying with each AI provider’s policies regarding ownership and commercial use of generated content. Smart Owl AI makes no warranties regarding your rights to AI-generated content.
7.3 Smart Owl AI Intellectual Property
The Software, including all code, designs, logos, documentation, and trademarks, is the exclusive intellectual property of Anthony Franck / Smart Owl AI. You are granted a limited, non-exclusive, non-transferable license to use the Software solely for its intended purpose. You may not:
– Copy, modify, or distribute the Software without written permission.
– Reverse engineer, decompile, or disassemble the Software.
– Use Smart Owl AI trademarks without written permission.
– Sublicense or resell access to the Software.
SECTION 8. PRIVACY & DATA COLLECTION
Smart Owl AI collects certain information as described in our Privacy Policy, including:
– Registration information (name, email, DOB, ZIP, IP address).
– Terms acceptance records (timestamps, IP, acceptance status).
– Usage logs for compliance and security purposes. We do not sell your personal information to third parties. Your data is used solely for:
– Verifying compliance with eligibility requirements.
– Maintaining audit records of terms acceptance.
– Responding to legal requests or law enforcement inquiries.
– Improving the Software.
For full details, see our Privacy Policy at: smartowlai.com/privacy-policy
SECTION 9. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Smart Owl AI expressly disclaims all warranties, including but not limited to:
– Implied warranties of merchantability or fitness for a particular purpose.
– Warranties that the Software will be uninterrupted, error-free, or secure.
– Warranties regarding the accuracy or reliability of any content generated.
– Warranties that the Software will meet your requirements.
– Warranties regarding results obtained from the use of the Software.
– Warranties that defects will be corrected. Smart Owl AI does not warrant or represent that use of the Software will not infringe the rights of third parties or that the Software will be compatible with all Third-Party Platforms or AI Generation APIs.
SECTION 10. LIMITATION OF LIABILITY & INDEMNIFICATION
10.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART OWL AI, ITS OWNER ANTHONY FRANCK, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR: – Any indirect, incidental, special, consequential, or punitive damages.
– Loss of profits, revenue, data, or business opportunities.
– Damages arising from your use or inability to use the Software.
– Damages arising from unauthorized access to or alteration of your data.
– Damages arising from conduct of third parties including platform bans, account suspensions, or API revocations.
– Any content you create, generate, or publish using the Software.
– Any claims by third parties arising from your use of the Software.
– Any actions taken by Third-Party Platforms in response to your content.
In no event shall Smart Owl AI’s total liability ever exceed the amount purchase amount for the Software in the twelve (12) months preceding the claim.
10.2 Indemnification
You agree to defend, indemnify, and hold harmless Smart Owl AI, Anthony Franck, and all officers, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from:
– Your use of or inability to use the Software.
– Your violation of these Terms.
– Your violation of any Third-Party Platform or AI API terms.
– Your violation of any applicable law or regulation.
– Content you create, generate, schedule, or publish using the Software.
– Any claim that your Content infringes a third party’s intellectual property or other rights.
– Any actual or alleged illegal activity by you.
Smart Owl AI reserves the right to assume exclusive defense of any matter subject to indemnification, in which case you agree to cooperate fully.
SECTION 11. TERMINATION
11.1 Termination by Smart Owl AI
Smart Owl AI may immediately suspend or terminate your access to the Software, with or without notice, for:
– Any violation of these Terms.
– Any illegal or prohibited activity.
– VPN or proxy use detected.
– False or inaccurate registration information.
– Non-payment (for Pro tier).
– Any conduct deemed harmful to Smart Owl AI, other users, or third parties.
11.2 Effect of Termination
Upon termination:
– Your license to use the Software is immediately revoked.
– You must immediately cease all use and uninstall the Software.
– All compliance records are retained by Smart Owl AI.
– Provisions regarding liability, indemnification, and dispute resolution survive termination.
11.3 No Refund Upon Termination for Cause
If your account is terminated for cause (violation of these Terms), You are not entitled to any refund of fees paid.
SECTION 12. MODIFICATIONS TO TERMS
Smart Owl AI reserves the right to modify these Terms at any time. Changes will be posted at smartowlai.com/us-user-agreement with an updated “Last Updated” date. Continued use of the Software after changes constitutes acceptance of the modified Terms. It is your responsibility to review the Terms periodically. For material changes, we will make reasonable efforts to notify registered users by email.
SECTION 13. GOVERNING LAW & JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising out of or relating to these Terms or the Software shall be subject to the exclusive jurisdiction of the courts of the United States. You waive any objection to jurisdiction or venue.
SECTION 14. BINDING ARBITRATION & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Any dispute arising out of or relating to these Terms or the Software shall be resolved by binding individual arbitration under the rules of the American Arbitration Association. You waive your right to a jury trial and your right to participate in class action lawsuits. You and Smart Owl AI agree that any arbitration shall be conducted on an individual basis only, and not as a class, collective, or representative action.
SECTION 15. ENTIRE AGREEMENT & SEVERABILITY
These Terms, together with the Privacy Policy and any additional terms you have accepted, constitute the entire agreement between you and Smart Owl AI regarding the Software. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 16. CONTACT INFORMATION
Smart Owl AI created by WP Dev Anthony Franck: SmartOwlAi.com
Legal: terms@smartowlai.com
Support: support@smartowlai.com
Terms: smartowlai.com/us-user-agreement
SECTION 17. USER ACCEPTANCE DECLARATION
BY COMPLETING THE COMPLIANCE REGISTRATION FORM, YOU DECLARE THAT:
1. I am 18 years of age or older.
2. I am a resident of the United States of America.
3. I am not using a VPN, proxy, or any service to mask my geographic location.
4. I have read, understand, and agree to the Terms of Service of all Third-Party Platforms I connect to the Software.
5. I have read, understand, and agree to the Terms of Service of all AI Generation API providers I connect to the Software.
6. I have read, understand, and agree to these Smart Owl Social Terms of Service in their entirety.
7. I accept full and sole responsibility for all content I create, generate, schedule, or publish using the Software.
8. I acknowledge that Smart Owl AI, Anthony Franck, and SmartOwlAi.com assume NO liability for my actions or the content I produce.
9. I agree to use the Software only in compliance with all applicable United States laws.
10. I understand that violation of these Terms will result in immediate termination and may result in legal action.
Registration Timestamp: ___________________________________
IP Address: ___________________________________
User Email: ___________________________________
Full Name: ___________________________________
Smart Owl AI | SmartOwlAi.com
terms@smartowlai.com
smartowlai.com/us-user-agreement
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