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Terms of Use

Date of Last Revision: May 22, 2025

PurpleSmart AI, Inc. ("PurpleSmart," "we," "us," or "our") provides services through https://fictional.ai/ and mobile applications. Access to the Service requires acceptance of these Terms of Service. The company reserves the right to modify terms at any time, with changes posted on this page and indicated by revision date at the top.

Access and Use of the Service

Our Platform: PurpleSmart offers a creative platform generating images and characters ("Output") based on user-provided content and third-party sources. The company continuously improves services and may modify or discontinue features with or without notice. PurpleSmart is not liable for any modification, suspension, or discontinuance.

Your Registration Obligations: Users may need to register and provide accurate information. Users under 13 cannot use the Service. Users under 18 require express parental or guardian consent.

Member Account, Password, and Security: Users are responsible for maintaining password confidentiality and account security. Users must immediately notify PurpleSmart of unauthorized access or security breaches and exit accounts after each session.

User Content: Users retain ownership of their uploaded content and generated output (excluding third-party content). PurpleSmart receives a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to use user content for any purpose, including commercial use.

Similar Output: Due to machine learning's nature, output may not be unique across users, and similar input may generate identical output for different users.

Platform Restrictions: Users cannot reverse engineer systems, scrape data, represent AI-generated output as human-created, share children's personal information, or violate applicable laws. Users must comply with rate limits and documentation requirements.

User Conduct: Users represent that content is legally obtained and covenant not to upload gore, sexual abuse material, or exploitative content. Users cannot engage in illegal, obscene, defamatory, threatening, harassing, or hateful conduct. Users cannot provide false information, interfere with services, impersonate others, infringe intellectual property rights, disguise location, or circumvent technological measures.

Usage Data: PurpleSmart may collect and analyze usage data for any purpose per applicable law and its privacy policy.

Feedback: Any submissions to PurpleSmart are non-confidential; the company may use them without restrictions or attribution.

Third Party Integrations: The Service may integrate non-PurpleSmart resources. PurpleSmart doesn't warrant their functionality or reliability and may discontinue them without notice.

General Practices Regarding Use and Storage: PurpleSmart establishes practices and limits on storage and retention. The company has no responsibility or liability for the deletion or failure to store any data. PurpleSmart may terminate inactive accounts and change practices without notice.

Fees and Payments

Fees: Users selecting payment plans must provide accurate payment information and authorization. Users must update account information for changes. Users authorize periodic billing for subscriptions until account termination. Disputes must be raised within 60 days. PurpleSmart provides 30 days' notice before price changes. Users are responsible for taxes excluding PurpleSmart's net income taxes.

Payment Processing: PurpleSmart uses third-party payment processors; terms are subject to each processor's agreements. Users authorize payment processors to store and continue billing expired payment methods. PurpleSmart does not process payment for any services and assumes no liability for payments.

Refunds and Cancellations: Payments are final and non-refundable unless otherwise determined by PurpleSmart. Users may cancel subscriptions via platform-specific instructions at https://fictional.ai/unsubscribe.

Mobile Services and Software

Mobile Services: The Service includes mobile capabilities. Standard carrier charges and data rates apply. Carrier restrictions may limit mobile service availability.

Telephonic Communications Services: By providing a telephone number, users consent to being contacted by PurpleSmart via phone, automated systems, text, SMS, MMS, fax, or electronic means for marketing or other purposes, even if registered on Do Not Call lists. Users need not consent to marketing calls to purchase services. Users may opt out by notifying PurpleSmart directly. Text "STOP" to cancel messages or "HELP" for support. Carrier rates apply to messages. Delivery is subject to carrier transmission and device compatibility.

Mobile App License: PurpleSmart grants a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install the Mobile App on one device for personal use accessing the Service.

Ownership; Restrictions: The Service's underlying technology and software are PurpleSmart's property. Users cannot copy, modify, create derivatives, reverse engineer, or transfer rights in the Software.

Special Notice for International Use; Export Controls: Users are responsible for compliance with their jurisdiction's laws. Software is subject to U.S. export controls and cannot be downloaded or exported in violation thereof.

Third-Party Distribution Channels: Software distributed through the Apple App Store, Google Play Store, or other channels may be subject to additional terms. These Terms are between users and PurpleSmart only, not distribution channels.

Apple-Enabled Software

The following applies to Mobile Apps for Apple products:

  1. These Terms are between PurpleSmart and users only, not Apple. PurpleSmart is solely responsible for the Apple-Enabled Software.
  2. Users cannot use Apple-Enabled Software in violation of Apple Media Services Terms and Conditions.
  3. The license for Apple-Enabled Software is non-transferable and limited to owned or controlled iOS products, except Family Sharing and volume purchasing access.
  4. Apple provides no maintenance or support for Apple-Enabled Software.
  5. Apple provides no product warranties. If software fails to conform to warranty standards, Apple will refund the purchase price. Apple will have no other warranty obligation whatsoever regarding the software. PurpleSmart is solely responsible for warranty failures.
  6. PurpleSmart, not Apple, is responsible for claims relating to Apple-Enabled Software, including product liability, regulatory compliance, and consumer protection claims.
  7. PurpleSmart, not Apple, is solely responsible for intellectual property infringement claims involving Apple-Enabled Software.
  8. Users represent they are not located in embargoed countries or on prohibited parties lists per U.S. Government designation.
  9. Questions or claims should be directed to PurpleSmart AI, Inc., 50 California Street, Suite 1500, San Francisco, California, 94111, United States of America. Phone: +1 415-322-3057.
  10. Users must comply with applicable third-party terms, including wireless data service agreements.
  11. PurpleSmart and users acknowledge Apple and subsidiaries are third-party beneficiaries with enforcement rights.

Google-Sourced Software

For Mobile Apps downloaded from Google Play Store: (a) these Terms are between PurpleSmart and users only, not Google; (b) use must comply with Google Play Terms of Service; (c) Google is only the Google Play provider; (d) PurpleSmart, not Google, is solely responsible for Google-Sourced Software; (e) Google has no obligation or liability regarding such software or these Terms; (f) Google is a third-party beneficiary to these Terms.

Intellectual Property Rights

Service Content: The Service contains protected content and features. Except as authorized by PurpleSmart, users cannot modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivatives of Service content, though this doesn't apply to users' own User Content uploaded per these Terms.

Trademarks: PurpleSmart names and logos are trademarks. Other names and logos may be trademarks of respective owners. Nothing grants license to PurpleSmart Trademarks without written permission. All goodwill from trademark use benefits PurpleSmart exclusively.

Third-Party Material: PurpleSmart is not liable for third-party content or errors therein. PurpleSmart doesn't pre-screen content but may refuse or remove content violating these Terms or deemed objectionable. Users bear all risks with content use.

Legal Obligations: PurpleSmart may preserve and disclose User Content if required by law or believed reasonably necessary to comply with legal process, enforce these Terms, respond to rights violation claims, or protect rights, property, or safety.

Copyright Complaints

PurpleSmart respects intellectual property and asks users to do the same. PurpleSmart will process infringement notices and take appropriate Digital Millennium Copyright Act ("DMCA") action. Notifications should be sent to the Copyright Agent with subject line "DMCA Takedown Request" or mailed to 50 California Street, Suite 1500, San Francisco, California, 94111, United States of America.

Effective notifications must contain:

  1. Physical or electronic signature of an authorized representative of the copyright or intellectual property owner.
  2. Identification of the copyrighted work or intellectual property claimed infringed, or a representative list if multiple works are covered.
  3. Identification of infringing content location on the Service with sufficient detail for location.
  4. Notifier's address, telephone number, and email address.
  5. Statement that the notifier has a good faith belief the disputed use is unauthorized by the copyright owner, agent, or law.
  6. Statement under penalty of perjury that notice information is accurate and the notifier is the copyright owner or authorized to act on their behalf.

Counter-Notice

If removed User Content is not infringing or authorization exists, users may send a counter-notice containing:

  1. User's physical or electronic signature.
  2. Identification of removed or disabled content and its previous location.
  3. Statement under penalty of perjury that content removal resulted from mistake or misidentification.
  4. User's name, address, telephone number, and email address; a statement consenting to Northern District of California federal court jurisdiction; and a statement accepting service from the original complaining party.

Upon counter-notice receipt, PurpleSmart will inform the original complaining party that removed content may be replaced or access restored within ten (10) to fourteen (14) or more business days at PurpleSmart's discretion, unless the copyright owner files court action.

Repeat Infringer Policy

Per DMCA and applicable law, PurpleSmart has adopted a policy of terminating repeat infringer accounts at its discretion and may limit access or terminate accounts of any user infringing others' intellectual property rights.

Indemnification

To the extent permitted by law, users agree to defend, indemnify, and hold harmless PurpleSmart and its affiliates, officers, employees, directors, service providers, licensors, and agents from all losses, damages, expenses (including reasonable attorneys' fees), rights, claims, actions, and injury arising from the user's Service use, User Content, Service connection, Terms violation, or violation of others' rights. PurpleSmart will provide claim notice. PurpleSmart may assume exclusive defense and control, and users must cooperate reasonably. Users may not settle claims without PurpleSmart's written consent.

Disclaimer of Warranties

PurpleSmart continues developing and improving the Service but makes no guarantees. THE SERVICES AND OUTPUT ARE PROVIDED "AS IS." Except where prohibited by law, PurpleSmart and its affiliates and licensors make no warranties (express, implied, statutory, or otherwise) and disclaim all warranties including merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment. The company doesn't warrant uninterrupted, accurate, or error-free services or secure User Content. PurpleSmart does not warrant or support, and will not have any responsibility or liability of any kind for, non-PurpleSmart resources or any output generated therefrom.

Limitation of Liability

THE PURPLESMART PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS from Service use, inability to use services, procurement costs, or third-party conduct. Total liability to users for all damages will not exceed amounts paid in the last six months or $100, whichever is greater.

Some jurisdictions prohibit warranty disclaimers or liability limitations. Some limitations may not apply. If dissatisfied, users' sole remedy is discontinuing Service use.

For New Jersey users, the "Indemnification," "Disclaimer of Warranties," and "Limitation of Liability" sections are intended only as broadly as permitted by New Jersey law. Invalidity of portions doesn't affect remaining portions.

Dispute Resolution By Binding Arbitration

Please read this section carefully as it affects your rights.

Agreement to Arbitrate

This Arbitration Agreement addresses all disputes or claims arising between users and PurpleSmart regarding these Terms, the Service, advertising, or relationship aspects. Disputes will be resolved exclusively through final binding arbitration rather than court, except users may assert individual small claims court claims. This doesn't preclude bringing issues to federal, state, or local agencies. Users and PurpleSmart each waive jury trial rights and class action participation. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief

Each of us may bring claims against the other only on an individual basis and not as class or representative action plaintiffs. The arbitrator cannot consolidate multiple parties' claims or preside over class proceedings unless both parties agree. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessitated by individual claims, except for public injunctive relief.

Pre-Arbitration Dispute Resolution

PurpleSmart aims to resolve disputes amicably. If a concern is unresolved, a party intending arbitration must send a certified mail Notice of Dispute to PurpleSmart at 50 California Street, Suite 1500, San Francisco, California, 94111, United States of America. The Notice must describe the claim's nature and basis and specify relief sought. If unresolved within 60 calendar days after Notice receipt, either party may commence arbitration. Settlement offer amounts won't be disclosed to the arbitrator until after determining entitlement.

Arbitration Procedures

Neutral arbitration will follow American Arbitration Association ("AAA") rules and procedures, including Consumer Arbitration Rules (collectively, "AAA Rules"), as modified by this Arbitration Agreement. See https://www.adr.org for AAA information. Arbitration Agreement terms control if inconsistent with AAA Rules unless the arbitrator determines inconsistency would prevent fundamentally fair arbitration. The arbitrator must follow these Terms as a court would and decides all issues including scope, enforceability, and arbitrability. Arbitrators can award the same damages and relief on an individual basis as courts can. Arbitration decisions are enforceable in court and overturnable only for very limited reasons.

Unless both parties agree otherwise, arbitration hearings occur in reasonably convenient locations for both parties. If parties can't agree, AAA determines location. For claims of $10,000 or less, users may choose document-only, telephonic, or in-person hearings per AAA Rules. For claims exceeding $10,000, AAA Rules determine hearing rights. The arbitrator will issue a reasoned written decision explaining essential findings and conclusions.

Costs of Arbitration

Arbitration Fees are governed by AAA Rules unless otherwise provided here. If allocation isn't specified in AAA Rules, parties split fees equally; however, if users demonstrate economic inability to pay their portion or the arbitrator determines otherwise, PurpleSmart pays users' portion. If arbitration costs would be prohibitive compared to litigation costs, PurpleSmart pays as much as the arbitrator deems necessary to prevent cost-prohibition. Attorneys' fees are governed by AAA Rules.

Confidentiality

All arbitration aspects, including rulings, decisions, or awards, are strictly confidential for all parties' benefit.

Severability

If a court or arbitrator decides any Arbitration Agreement term is invalid or unenforceable (except the class action prohibition), parties agree to replace it with a valid, enforceable term expressing the original intent. If class action prohibition provisions are invalid or unenforceable, this entire Arbitration Agreement becomes null and void, unless deemed invalid only for public injunctive relief claims. The remaining Terms continue applying.

Future Changes to Arbitration Agreement

PurpleSmart may change this Arbitration Agreement while users access the Service. Users may reject changes by sending written notice within 30 calendar days to the Notice Address. Rejection means users will arbitrate per this Arbitration Agreement's original language.

Termination

PurpleSmart may suspend or terminate accounts or Service use and remove content for any reason, including non-use or perceived Terms violation. Suspected fraudulent, abusive, or illegal activity may be referred to law enforcement. PurpleSmart may discontinue services at any time without notice. Termination may be effected without prior notice. PurpleSmart may immediately deactivate accounts and delete related information and files. PurpleSmart is not liable for access termination to any party.

User Disputes

Users are solely responsible for interactions with other users. PurpleSmart has no liability or responsibility regarding user-to-user disputes and is under no obligation to become involved.

General

These Terms (with incorporated terms) constitute the entire agreement governing Service access and use, superseding prior agreements. Users may be subject to additional third-party terms. These Terms are governed by California law without regard to conflict of law provisions. Non-arbitration disputes submit to San Francisco's state and federal court jurisdiction. PurpleSmart's failure to enforce any term doesn't constitute waiver. If any provision is found invalid, the court should endeavor to effect the parties' intentions, with other provisions remaining in full force. Claims arising from Service use must be filed within one year or be forever barred. Printed versions are admissible in proceedings like other business documents. Users cannot assign these Terms without PurpleSmart's written consent; PurpleSmart may assign without restriction. Section titles are for convenience only. "Include" and "including" aren't limiting terms. Notices may be via email or mail or displayed on the Service. PurpleSmart isn't in default for performance failures from circumstances beyond its reasonable control.

Official version: https://fictional.ai/terms-of-use