Terms & Conditions

1. Overview

These Terms & Conditions (the "Terms") govern access to and use of the AskSmarter.ai application, managed by 38 Elements DOO, Urosa Martinovica 9, 11070 Belgrade, Republic of Serbia ("AskSmarter.ai", "we", "us"). By creating an account, purchasing a subscription, or using the service, you agree to these Terms. If you are accepting on behalf of an organization, you confirm you are authorized to bind that organization.

2. Changes to the Terms

We may update the Terms to reflect changes in our product, legal requirements, or business operations. When material updates occur, we will notify you via email or in-app notice at least 14 days before the new Terms take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms.

3. Eligibility and account management

• You must be at least 18 years old or the age of majority in your jurisdiction.
• You agree to provide accurate registration information and keep your credentials confidential.
• You are responsible for all activity under your account. Notify us immediately if you suspect unauthorized use.

4. Subscriptions and billing

AskSmarter.ai offers paid plans. Prices are shown in your checkout currency and include applicable taxes unless otherwise stated. Subscriptions renew automatically unless canceled before the renewal date. You may cancel at any time via the billing portal; access remains available until the current term ends.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

5. Refund policy

We offer a 30-day money-back guarantee on all subscriptions. If you are not satisfied with AskSmarter.ai for any reason, you may request a full refund within 30 days of your initial purchase or renewal date. To request a refund, contact us through our contact form. Refunds are processed by Paddle, our merchant of record, and will be returned to your original payment method.

6. Permitted use

• Use AskSmarter.ai solely for lawful purposes and in accordance with these Terms.
• Do not reverse engineer, interfere with, or disrupt the service, underlying infrastructure, or access controls.
• Do not upload content that is unlawful, infringing, defamatory, or violates the rights of others.
• Respect usage limits communicated in your subscription; excessive automated querying may result in rate limiting or suspension.

7. Intellectual property

We and our licensors own all intellectual property rights in AskSmarter.ai, including software, design, logos, and documentation. Subject to these Terms, you receive a non-exclusive, non-transferable license to use the service for your business purposes. You retain ownership of content you upload, and you grant us a limited license to process that content solely to operate and improve the service.

8. AI-generated outputs

AI-generated responses are created automatically based on model outputs. They may contain inaccuracies or be unsuitable for your intended use. You are solely responsible for reviewing results before relying on them. AskSmarter.ai does not provide legal, medical, investment, or other professional advice, and outputs should not be treated as such.

9. Privacy

Our processing of personal data is described in the Privacy Policy. By using AskSmarter.ai you acknowledge that your data will be handled in accordance with that policy and any applicable data processing agreements.

10. Suspension and termination

We may suspend or terminate access if you breach the Terms, fail to pay fees, or use the service in a way that risks security or legal harm. We will provide notice when practicable. You may export your stored prompts before termination. Sections relating to intellectual property, disclaimers, limitations of liability, indemnity, and governing law survive termination.

11. Warranties and disclaimers

AskSmarter.ai is provided "as is" and "as available." We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the maximum extent permitted by law. We do not warrant that the service will be uninterrupted, error-free, or meet your expectations.

12. Limitation of liability

To the fullest extent permitted under Serbian law, 38 Elements DOO will not be liable for any indirect, consequential, incidental, punitive, or special damages, or for loss of profits, revenue, data, or goodwill arising from your use of the service. Our aggregate liability for all claims in any 12-month period is limited to the amount you paid for the service in that period.

13. Indemnification

You agree to indemnify and hold 38 Elements DOO, its directors, employees, and affiliates harmless from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your breach of the Terms or misuse of the service.

14. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Serbia. Any dispute arising from or relating to the Terms will be subject to the exclusive jurisdiction of the competent courts in Belgrade, Serbia. Consumers in the EU may also bring disputes before the EU Online Dispute Resolution platform.

15. Compliance and export control

You must comply with all applicable export control and sanctions regulations. You may not access or use the service if you are located in an embargoed country or listed on any restricted parties list published by the EU, US, or UN authorities.

16. Contact

Questions about these Terms can be submitted through our contact form. Written correspondence may be mailed to 38 Elements DOO, Urosa Martinovica 9, 11070 Belgrade, Republic of Serbia. We route all digital enquiries through the contact form to ensure they reach the right team while keeping our mailboxes protected from automated spam.