Welcome to 5 Million LLC and the Brand Smith Book. These Terms of Service (“Terms”) govern your use of our website www.smithbook.com, mobile applications, and services (collectively, the “Services”). By accessing or using our Services, you agree to comply with these Terms. If you do not agree, please do not use our Services.
1. Acceptance of Terms
By using our Services, you confirm that:
● You are at least 18 years old (or the legal age of majority in your jurisdiction).
● You agree to these Terms and our Privacy Policy.
● You will not use our Services for illegal activities.
If you violate any of these Terms, we may suspend or terminate your access to our Services.
2. Use of Services
2.1. Permitted Use
You may use our Services for personal or business purposes, provided that you:
● Do not engage in fraud, abuse, or illegal activities.
● Do not disrupt or attempt to compromise our systems.
● Do not attempt to reverse engineer, copy, or resell our Services.
2.2. Account Registration
To access certain features, you may need to create an account. You are responsible for:
● Providing accurate and up-to-date information.
● Keeping your account credentials secure.
● Not sharing your account with others.
If you suspect unauthorized access, notify us immediately at [email protected].
3. Transactions & Payments
3.1. Pricing & Payment
If you purchase any products or services, you agree to:
● Pay all applicable fees and taxes.
● Use authorized payment methods.
● Understand that all sales are final unless otherwise stated.
We reserve the right to change pricing at any time.
3.2. Refund Policy
Refunds may be issued at our discretion. If your purchase was made via Hotmart, refund requests must comply with Hotmart’s refund policies and must be submitted within 7 days of purchase. Review Hotmart Refund Request here. Refunds for purchases made directly through Brand Smith Book will be processed upon refund requests made via email to [email protected].
3.3. Payments, Renewals, and Cancellations
● Recurring Monthly Subscription: If you subscribe to a recurring plan, renewal is automatic unless canceled. Upon cancellation, access to the Service remains available until the end of the current billing period.
● Credit System: Credits are the currency used to create e-books and access other platform services. The number of credits required may vary by product.
● Credit Packages: Subscription plans include a set number of credits per month and renew automatically unless canceled.
4. Communication Policy
4.1. Consent to Electronic Communication
By using the Service, you agree to receive electronic communications from us, including updates, notices, and other relevant materials. You may opt out of certain communications by adjusting your notification preferences in your account settings.
4.2. SMS Opt-in & Consent
By providing your phone number, you consent to receive:
● Transactional SMS (e.g., order confirmations, reminders).
● Marketing SMS (if you opt-in separately).
4.3. Opt-out & Unsubscribing
● Reply STOP to any SMS to unsubscribe.
● Reply HELP for assistance.
● Your mobile number will not be shared or sold for marketing purposes.
4.4. Communication and Notifications
All notifications and communications related to these Terms must be in writing and sent to the email addresses provided by each party. Emails are considered delivered upon sending, unless proven otherwise.
5. Intellectual Property Rights
The intellectual property rights to any content created by the customer, including previews and books, remain solely with the customer. These rights are tied to the registration details provided by the customer.
Users are solely responsible for ensuring that any content they create, upload, or distributeusing our Services does not infringe on third-party intellectual property rights. Brand Smith Book assumes no responsibility for any user-generated content and reserves the right to remove infringing content upon notification or at our discretion.
6. Third-Party Services & Links
Our Services may contain links to third-party websites or services. We are not responsible for their content, policies, or practices, nor for any operational failures, instabilities, or interruptions in third-party services that directly or indirectly affect the provision of our Services.
We do not endorse, warrant, or assume responsibility for any third-party services, nor do we guarantee their availability, security, or accuracy. Your use of any third-party services is at your own risk, and Brand Smith Book disclaims all liability for any issues arising from their use.
7. Reviews, Feedback, and Suggestions
Any feedback, suggestions, or reviews you provide may be used by Brand Smith Book to improve the Service without additional compensation or restriction. By submitting feedback, you grant Brand Smith Book a non-exclusive, worldwide, royalty-free license to use, modify, and distribute such feedback.
8. Disclaimer of Warranties
Our Services are provided “as is” and “as available” without warranties of any kind.
We do not guarantee:
● That our Services will be uninterrupted or error-free.
● That data loss or security breaches will never occur.
● That any results you achieve using our Services are guaranteed.
● That all generated content will meet a minimum number of pages, be undetectable by third-party systems, or be fully aligned with the input provided. Due to system operations, service disruptions, instability, and dependencies on third-party providers, variations in results may occur.
To the extent allowed by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. Limitation of Liability
To the maximum extent permitted by law, we are not liable for:
● Direct, indirect, incidental, or punitive damages.
● Loss of revenue, profits, or data caused by service interruptions.
● Unauthorized access, hacking, or security breaches.
If we are found liable, our maximum liability shall not exceed the amount paid by you for our Services in the last three months.
10. Indemnification
You agree to indemnify, defend, and hold Brand Smith Book, its affiliates, directors, employees, and agents harmless from any claims, damages, liabilities, losses, and expenses, including legal fees, arising from:
● Your use of the Service.
● Your violation of these Terms.
● Any infringement of third-party rights.
11. Force Majeure
Brand Smith Book shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to natural disasters, war, epidemics, or failures of third-party service providers. In such cases, obligations will be suspended until resolution.
12. Modifications to the Service and Terms
Brand Smith Book reserves the right to modify or discontinue the Service (or any part of it) at any time, with or without notice. You agree that we are not liable for any modification, suspension, or discontinuation of the Service.
Changes to these Terms take effect immediately upon posting. Continued use of the Service after changes are published constitutes acceptance of the revised Terms.
13. Governing Law & Dispute Resolution
13.1. Governing Law
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law principles.
13.2. Dispute Resolution
Any disputes arising out of or related to these Terms shall be resolved through binding arbitration in Florida, USA, in accordance with the rules of the American Arbitration Association (AAA). You waive any right to participate in a class-action lawsuit or class-wide arbitration.
14. Updates to These Terms
We may update these Terms at any time. Changes take effect immediately upon posting. If significant changes occur, we will notify users via email or platform notifications.
15. Contact Us
For questions about these Terms, contact us at:
Email: [email protected]
Website: smithbook.com
