Terms & Conditions

Effective Date: 7/1/2025

Last Updated: 7/1/2025

1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") govern your use of the Smack LLC application and services (collectively, the "Service") operated by Smack LLC ("Smack," "we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Service.

2. DESCRIPTION OF SERVICE

Smack provides a platform that:

  • Analyzes your podcast feed content

  • Generates social media content based on your podcast episodes

  • Allows you to review and approve generated content

  • Publishes approved content to your connected social media accounts (Facebook, Instagram, X, and LinkedIn)

3. ELIGIBILITY

Age Requirement

You must be at least 13 years old to use our Service. By using the Service, you represent and warrant that you are at least 13 years of age.

Account Authority

If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Compliance

You must comply with all applicable laws and regulations in your use of the Service.

4. USER ACCOUNTS

Account Creation

To use our Service, you must:

  • Create an account with accurate and complete information

  • Maintain the security of your password

  • Accept responsibility for all activities under your account

  • Notify us immediately of any unauthorized access

Account Restrictions

You may not:

  • Create multiple accounts for the same person or entity

  • Share your account credentials with others

  • Use another person's account without permission

  • Create an account for anyone other than yourself without permission

5. SOCIAL MEDIA INTEGRATION

Authorization

By connecting your social media accounts, you authorize us to:

  • Access your public profile information

  • Post content to your accounts only with your explicit approval

  • Read engagement metrics on posted content

Your Responsibilities

You are responsible for:

  • Complying with each social media platform's terms of service

  • Ensuring you have the right to post content to connected accounts

  • Maintaining the security of your social media accounts

Platform Changes

We are not responsible for changes to social media platform APIs or policies that may affect Service functionality.

6. CONTENT OWNERSHIP AND LICENSING

Your Content

You retain all rights to:

  • Your podcast content

  • Content generated by our Service based on your podcast

  • Any content you upload or create

License to Smack

By using our Service, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Process and analyze your podcast feed

  • Generate derivative content based on your podcast

  • Display content to you within the Service

  • Publish approved content to your social media accounts

  • Store and backup your content as necessary to provide the Service

Marketing License (Optional)

Only if you provide separate written consent, you grant us the right to use your content in our marketing materials. This consent can be revoked at any time.

Representations

You represent and warrant that:

  • You own or have the necessary rights to all content you provide

  • Your content does not infringe any third-party rights

  • Your content complies with all applicable laws

7. PAYMENT TERMS

Subscription Fees

  • Our Service is provided on a subscription basis

  • Fees are charged in advance on a monthly or annual basis

  • All fees are in U.S. dollars

Payment Processing

  • Payments are processed by Stripe

  • You agree to provide accurate payment information

  • You authorize us to charge your payment method for all fees

Refunds

  • Subscription fees are non-refundable

  • No refunds for partial months or unused services

  • We may provide refunds at our sole discretion

Fee Changes

We reserve the right to change our fees with 30 days' notice. Your continued use after the notice period constitutes acceptance of new fees.

8. ACCEPTABLE USE POLICY

You May Not Use Our Service To:

  • Violate any laws or regulations

  • Infringe on intellectual property rights

  • Distribute malware or harmful code

  • Harass, abuse, or harm others

  • Impersonate any person or entity

  • Spam or send unsolicited messages

  • Attempt to gain unauthorized access to our systems

  • Use the Service for any illegal or unauthorized purpose

Content Restrictions

You may not upload or generate content that:

  • Is defamatory, obscene, or offensive

  • Contains hate speech or discriminatory content

  • Promotes violence or illegal activities

  • Contains false or misleading information

  • Violates any third-party rights

9. INTELLECTUAL PROPERTY

Our Property

The Service, including its original content, features, and functionality, is owned by Smack LLC and is protected by international copyright, trademark, and other intellectual property laws.

Feedback

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

10. PRIVACY

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

11. DISCLAIMERS

Service Availability

THE SERVICE IS 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, AND NON-INFRINGEMENT.

No Guarantee

We do not guarantee that:

  • The Service will be uninterrupted or error-free

  • Defects will be corrected

  • The Service is free of viruses or harmful components

  • The results of using the Service will meet your requirements

Social Media Performance

We make no guarantees about the performance, engagement, or results of content posted to your social media accounts.

12. LIMITATION OF LIABILITY

Maximum Liability

IN NO EVENT SHALL SMACK LLC, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING FROM YOUR USE OF THE SERVICE.

Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Smack LLC and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from:

  • Your use of the Service

  • Your violation of these Terms

  • Your violation of any third-party rights

  • Your content or information you provide

14. TERMINATION

By You

You may terminate your account at any time by contacting us at [email protected]. Termination does not entitle you to any refunds.

By Us

We may terminate or suspend your account immediately, without prior notice, for:

  • Breach of these Terms

  • Non-payment of fees

  • Illegal or harmful activities

  • At our sole discretion for any reason

Effects of Termination

Upon termination:

  • Your right to use the Service ceases immediately

  • We may delete your content and data

  • All provisions of these Terms that should survive termination will remain in effect

15. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

These Terms shall be governed by the laws of Tennessee, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class actions or class arbitrations.

Venue

Any legal proceedings shall be brought exclusively in the courts located in Marshall County, Tennessee.

16. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the new Terms on our website

  • Sending you an email notification

  • Displaying a notice in the Service

Your continued use after changes constitutes acceptance of the modified Terms.

17. GENERAL PROVISIONS

Entire Agreement

These Terms constitute the entire agreement between you and Smack LLC regarding the Service.

Severability

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

No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights to any successor or acquirer.

Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control.

18. CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Smack LLC

Email: [email protected]

Phone: 1-615-610-0721

BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.