These Terms of Service ("Terms") govern your access to and use of the SmartLoop AI Marketing platform ("Service"), operated by Tijgersoftware ("SmartLoop", "we", "us", or "our"), registered in Belgium under VAT BE0790322148. By creating an account or using our Service, you agree to be bound by these Terms.
1. Service Description
SmartLoop is an AI-powered marketing platform that enables users to create AI-generated virtual influencer personas, automate advertising campaigns, and produce blog and marketing content. The Service uses artificial intelligence models to generate content based on your inputs and instructions.
2. Eligibility and Account
- You must be at least 18 years old and have the legal capacity to enter a binding agreement.
- If you register on behalf of a company or organisation, you represent that you have authority to bind that entity to these Terms.
- You are responsible for maintaining the security of your account credentials. Notify us immediately at support@smartloopmarketing.com if you suspect unauthorised access.
- One person or entity may not maintain more than one free account.
3. Acceptable Use
You agree not to use the Service to:
- Generate content that is unlawful, harmful, threatening, abusive, defamatory, or discriminatory
- Create AI influencer personas that impersonate real individuals without their consent
- Produce deceptive content intended to mislead consumers about the AI-generated nature of influencer personas
- Distribute spam, phishing material, or malware through any content produced by the Service
- Violate any applicable law or regulation, including advertising standards and consumer protection laws
- Circumvent, disable, or interfere with security features of the Service
- Resell or redistribute access to the Service without our written permission
We reserve the right to suspend or terminate accounts that violate these terms, with or without prior notice depending on the severity of the violation.
4. AI-Generated Content and the EU AI Act
4.1 Transparency obligations
In accordance with the EU AI Act (Regulation (EU) 2024/1689), all content produced by our Service is classified as AI-generated. You are responsible for:
- Clearly disclosing that AI influencer personas are virtual/synthetic when publishing content on social media or other platforms
- Labelling AI-generated advertisements in compliance with applicable advertising regulations
- Ensuring AI-generated blog content is disclosed as such where required by law or platform policies
4.2 Content accuracy
AI-generated content may contain inaccuracies or errors. You are solely responsible for reviewing, editing, and approving all content before publishing. SmartLoop does not guarantee the accuracy, completeness, or suitability of any generated output.
5. Intellectual Property
5.1 Your content
You retain ownership of all inputs you provide (brand assets, prompts, images, guidelines). By using the Service, you grant SmartLoop a limited, non-exclusive licence to process your inputs solely for the purpose of delivering the Service.
5.2 Generated output
Subject to your compliance with these Terms and payment of applicable fees, you own the rights to the AI-generated content created through your account. This includes AI influencer personas, ad copy, images, and blog posts generated by the Service for you.
5.3 Platform and technology
SmartLoop retains all rights to the platform, underlying AI models, algorithms, software, documentation, and any proprietary technology. Nothing in these Terms grants you rights to our source code, model weights, or trade secrets.
6. Payment and Subscriptions
- Paid plans are billed in advance on a monthly or annual basis, as selected at the time of purchase.
- All prices are displayed in EUR and are exclusive of VAT unless otherwise stated. Applicable VAT will be added at checkout based on your location.
- You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No pro-rated refunds are provided for partial periods.
- We may adjust pricing with at least 30 days' written notice. Continued use after the effective date of a price change constitutes acceptance.
- Free tier usage limits and features may change at our discretion.
7. Data Protection
We process personal data in accordance with our Privacy Policy and applicable data protection law, including the GDPR. Where you process personal data of third parties through the Service (e.g., audience data for ad campaigns), you act as the data controller and must ensure you have a valid legal basis for such processing.
8. Availability and Support
- We aim for 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance where possible.
- Support is available via email at support@smartloopmarketing.com during business hours (CET).
- We may modify, suspend, or discontinue features of the Service with reasonable notice.
9. Limitation of Liability
To the maximum extent permitted by applicable law:
- SmartLoop is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
- Our total liability for any claims arising from these Terms or the Service is limited to the amount you paid us in the 12 months preceding the claim.
- We are not liable for any consequences arising from your use or publication of AI-generated content, including third-party claims related to intellectual property, defamation, or regulatory non-compliance.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be lawfully excluded.
10. Indemnification
You agree to indemnify and hold SmartLoop harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your content, or your violation of these Terms or applicable law.
11. Termination
- You may close your account at any time through your account settings or by emailing support@smartloopmarketing.com.
- We may terminate or suspend your account immediately for material breach of these Terms.
- Upon termination, your right to use the Service ceases. We will retain your data in accordance with our Privacy Policy and applicable retention obligations.
- You may request an export of your data within 30 days of termination.
12. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of Belgium, without regard to conflict of law provisions. Any disputes arising from these Terms shall be submitted to the exclusive jurisdiction of the courts of Antwerp, Belgium.
If you are a consumer within the EU, you retain any mandatory consumer protection rights granted by the laws of your country of residence. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
13. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before they take effect. Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree with the changes, you may close your account before the effective date.
14. Contact
For questions about these Terms, contact us at:
- Email: legal@smartloopmarketing.com
- Address: Barones Ludwina De Borrekenslaan 73, 2630 Aartselaar, Belgium
- VAT: BE0790322148