1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your use of Smeikey's services, website, landing page, and all related features and content ("Services"). By accessing, using, or purchasing any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
Smeikey ("we," "us," "our," or "Company") reserves the right to modify these Terms at any time. Changes will be posted on our website with an updated "Last Updated" date. Your continued use of the Services following any modifications constitutes your acceptance of the revised Terms.
2. About Our Services
Smeikey provides professional AI-powered mockup generation services for clothing brands and product businesses. Our Services include:
- Converting basic product photos (t-shirts, hoodies, dresses, cosmetics, and other products) into professional-looking mockup images using artificial intelligence
- Generating mockups with models, backgrounds, and various styles
- Providing ready-to-use images for websites, social media, advertisements, and promotional purposes
- Delivering images without the need for traditional photoshoots, hiring photographers, models, studios, or manual editing
Our Services are available globally, and we currently serve a limited number of brands (maximum 10 active clients at any given time) to ensure quality and personalized service.
3. Eligibility and User Responsibilities
By using our Services, you represent and warrant that:
- You are at least 18 years old or the age of majority in your jurisdiction
- You have the legal authority to enter into this agreement
- You are authorized to act on behalf of the brand or business for which you are purchasing our Services
- You own or have permission to use the product images and website images you submit to us
- All information you provide is accurate, complete, and truthful
- Your use of our Services does not violate any applicable laws or regulations
4. Permitted Use and Intellectual Property Rights
4.1 Your Product Images and Assets
When you engage our Services, you grant Smeikey a limited license to:
- Use the basic product photos you submit to generate AI-powered mockups
- Use images from your website (with your explicit permission) to generate mockups for your specific order
- Process, modify, and adapt these images solely for the purpose of creating mockups as requested
You retain ownership of any original product images and website images you provide to us.
4.2 Generated Mockup Images
Upon completion of your service order and receipt of payment (either through PayPal or our subscription payment link), you receive:
- Full Commercial Usage Rights: You may use the generated mockup images for all commercial purposes, including but not limited to website displays, social media marketing, digital advertising, email campaigns, promotional materials, and e-commerce listings
- Exclusive License: Once delivered, the mockup images are provided exclusively to you for your commercial use
- No Attribution Required: You are not required to credit Smeikey when using the generated images (though we appreciate it)
Smeikey retains ownership of the underlying AI technology and processes used to generate the mockups.
4.3 Restrictions
You agree not to:
- Resell, redistribute, or share the generated mockup images with other businesses or competitors
- Use the mockup images for purposes other than those authorized under this agreement
- Claim ownership of Smeikey's AI technology or processes
- Attempt to reverse-engineer or replicate our AI mockup generation technology or processes to create a competing service
- Transfer the usage rights to any third party without prior written consent from Smeikey
You are permitted to edit, modify, and customize the generated mockup images for your own commercial use as needed.
5. Your Responsibilities for Image Usage
You acknowledge and agree that:
- You are solely responsible for how you use the generated mockup images
- You assume all liability for the use of the generated images, including compliance with applicable laws and regulations in your jurisdiction and markets
- You warrant that your use of the images does not infringe upon any third-party rights related to the product images or website images you provided to us
- All models, backgrounds, and styles in the generated mockups are AI-generated and do not violate any intellectual property, privacy, or other legal rights, as they are not sourced from real individuals or existing copyrighted content
- Smeikey is not responsible for any legal claims, damages, or consequences arising from your use of the generated images
6. Payment Terms
6.1 Payment Methods
We accept payment through:
- PayPal: Direct payment via PayPal following service approval
- Subscription Payment Link: Payment through our designated subscription payment portal
6.2 Payment Process
- Pricing for our Services will be clearly communicated prior to your order
- Payment is due upon your approval to proceed with our Services or through our established subscription arrangement
- You agree to pay all fees and charges associated with your order
- All payments are non-refundable except as expressly stated in this agreement
6.3 Late Payment
If payment is not received within the agreed timeframe, Smeikey reserves the right to:
- Suspend or delay delivery of generated mockup images
- Suspend your account and access to our Services
- Pursue collection of outstanding amounts
7. Limitation of Liability and Compensation
7.1 No Compensation or Refunds
You acknowledge and agree that:
- Smeikey is not responsible for any claims, disputes, losses, or damages arising from our Services or the generated images
- Smeikey will not provide refunds, compensation, or reimbursements of any kind, except in the limited circumstance described below
- In the event that a court or legal authority mandates compensation in a dispute, Smeikey's liability is limited to refunding only the service fee you paid in the current month (the month in which the claim arose)
- No compensation, damages, or reimbursements beyond the current month's service fee will be provided under any circumstances
- This limitation applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory
7.2 Disclaimer of Damages
To the fullest extent permitted by law, Smeikey is not liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, or business opportunities
- Loss of data or content
- Damage to your business or reputation
- Any damages arising from your use or misuse of the generated images
8. Service Quality and Revisions
- Smeikey will provide professional-quality mockup images consistent with the specifications of your order
- We offer reasonable revisions during the initial service delivery period to address any issues with the generated images
- Additional revisions beyond the initial scope may be subject to additional fees
- We do not guarantee that generated images will meet all your expectations, as AI-generated content may vary
9. Confidentiality
Both parties agree to:
- Keep the terms of this agreement confidential
- Not disclose confidential business information shared during the course of our business relationship
- Use confidential information solely for purposes authorized under this agreement
10. Intellectual Property
10.1 Smeikey's IP
You acknowledge that Smeikey retains all intellectual property rights to:
- Our AI mockup generation technology and processes
- Our website and landing page design and content
- Our trademarks, logos, and brand materials
- Any methodology or techniques used to generate mockups
10.2 Your IP
You retain ownership of your product images and website images. You grant us a limited license to use these images solely for generating your mockups as specified in Section 4.
11. Prohibited Activities
You agree not to:
- Use our Services for illegal, unlawful, or fraudulent purposes
- Infringe upon the intellectual property rights of others
- Violate any applicable laws or regulations in your jurisdiction or globally
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the operation of our Services
- Submit images that contain illegal, offensive, or inappropriate content
- Impersonate other users or misrepresent your identity or affiliation
- Harass, threaten, or harm Smeikey employees or other users
12. Data Privacy and Security
For information regarding how we collect, use, and protect your personal information, please refer to our Privacy Policy. By using our Services, you consent to our collection and use of your data as described in our Privacy Policy.
We take reasonable security measures to protect your information; however, we cannot guarantee absolute security. You assume all risk associated with transmission of sensitive information.
13. Limitation on Service
Smeikey serves a limited number of brands (maximum 10 active clients). We reserve the right to:
- Decline to provide Services to new clients if we are currently at maximum capacity
- Discontinue Services to any client with 30 days' written notice (except in cases of violation of these Terms, in which case immediate termination is allowed)
- Prioritize service delivery based on client relationship history and payment status
14. Termination
14.1 Termination by Client
You may terminate your service relationship with Smeikey at any time by providing written notice to smeikey.shop@gmail.com. Termination does not affect your rights to previously generated and paid-for mockup images.
14.2 Termination by Smeikey
Smeikey may terminate your access to our Services immediately if you:
- Violate any material provision of these Terms
- Engage in illegal or fraudulent activity
- Violate intellectual property rights or proprietary information
- Fail to pay for Services as agreed
Upon termination, you retain rights to previously generated images for which you have paid in full.
15. Dispute Resolution and Governing Law
- These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Smeikey operates, without regard to conflict of law principles
- Any legal action or proceeding arising from these Terms shall be resolved through negotiation and good faith discussion
- If informal resolution is unsuccessful, disputes may be resolved through mediation or arbitration as agreed by both parties
- You agree not to pursue legal action without first attempting to resolve the matter directly with Smeikey
16. Indemnification
You agree to indemnify, defend, and hold harmless Smeikey, its owners, employees, and agents from any and all claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:
- Your violation of these Terms
- Your use of the generated mockup images
- Your infringement of any third-party rights
- Any product images or website images you submit to us
- Any actions taken by you using our Services
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smeikey regarding your use of our Services and supersede any prior or contemporaneous agreements or understandings.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
19. Waiver
The failure of Smeikey to enforce any right or provision under these Terms does not constitute a waiver of that right or provision. Smeikey's exercise of any right is not exclusive and does not preclude the exercise of any other rights.
20. Contact Information
For any questions, concerns, or requests regarding these Terms and Conditions, please contact us at:
Email: smeikey.shop@gmail.com
Business: Smeikey - AI Mockup Generation Services