1. Introduction
Welcome to SmartLayers, a service operated by Global Marketing EOOD ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the SmartLayers platform, including our website, AI-powered NFT generation tools, smart contract deployment services, and related services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Service Description
SmartLayers provides:
- AI-powered image generation for NFT collections using third-party AI models (FAL AI)
- Tools for designing, configuring, and generating NFT collections
- IPFS storage integration for decentralized file hosting
- Smart contract deployment services on various blockchain networks (Ethereum, Base, Polygon)
- Minting page configuration and management
3. Eligibility
To use the Service, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Service under applicable laws
- Provide accurate and complete registration information
4. Account, Subscriptions & Payments
4.1 Subscription Plans
We offer various subscription tiers (Discovery, Designer, Creator, Studio) with different features and limits. Plan details and pricing are available on our Pricing page and may be updated from time to time.
4.2 Payment Terms
- Subscriptions are billed monthly or annually in advance
- Payments are processed through Stripe (card payments) or approved cryptocurrency payment processors
- All fees are non-refundable except as expressly stated in our refund policy
- We offer a 7-day money-back guarantee for new subscriptions
4.3 Add-ons & Usage-Based Fees
- Additional AI generations: $0.08 per image (or use your own FAL API key)
- Smart contract deployment: $29 flat fee or $15 + 2.5% platform fee on primary sales
- IPFS storage: Priced based on storage tier (starting at $3/month)
5. Intellectual Property & Content Ownership
5.1 Your Content
You retain all rights to the content you create using our Service, including AI-generated images, NFT collections, and metadata. By using the Service, you grant us a limited license to host, store, and display your content as necessary to provide the Service.
5.2 AI-Generated Content
Images generated using our AI tools are created using third-party AI models. You are responsible for ensuring your use of AI-generated content complies with applicable laws and the terms of the underlying AI providers.
5.3 NFT & Copyright Disclaimer
Important: Purchasing or minting an NFT does NOT automatically transfer copyright or intellectual property rights. NFT ownership represents ownership of a unique token on the blockchain, not ownership of the underlying artwork or associated rights unless explicitly transferred by the creator.
6. NFT Royalties Disclaimer
Royalty Enforcement: NFT royalties configured in smart contracts are NOT guaranteed to be enforced. Many NFT marketplaces have made royalties optional or do not support them at all.
SmartLayers provides tools to configure royalties in your smart contracts, but we cannot guarantee that secondary marketplaces will honor or enforce these royalties. Royalty enforcement depends entirely on the policies of each marketplace where your NFTs are traded.
You acknowledge and accept that royalty income from secondary sales is not guaranteed and may vary or be zero depending on marketplace policies.
7. Blockchain & Smart Contract Terms
7.1 Immutability
Smart contracts deployed on blockchain networks are immutable. Once deployed, they cannot be modified or deleted. You are solely responsible for reviewing and testing your smart contract configuration before deployment.
7.2 Gas Fees
All blockchain transactions require gas fees paid in the native cryptocurrency of the network. Gas fees are paid directly to network validators and are separate from our service fees. Gas fees are non-refundable.
7.3 Network Risks
Blockchain networks may experience congestion, forks, or other technical issues. We are not responsible for delays, failures, or losses caused by blockchain network issues.
8. Prohibited Uses
You agree NOT to use the Service to:
- Create content that infringes on third-party intellectual property rights
- Generate illegal, harmful, or offensive content
- Engage in fraud, money laundering, or other illegal activities
- Circumvent or attempt to circumvent usage limits or security measures
- Create NFTs that misrepresent ownership, origin, or authenticity
- Use the Service in violation of any applicable laws or regulations
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTLAYERS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Losses arising from blockchain network failures or smart contract bugs
- Losses arising from third-party marketplace policies (including royalty non-enforcement)
- Losses arising from cryptocurrency price volatility
- Losses arising from your own negligence or failure to secure your wallet
Our total liability for any claim arising from the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.
10. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Bulgaria and the European Union, without regard to conflict of law principles.
Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Sofia, Bulgaria.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.
12. Contact Us
If you have any questions about these Terms, please contact us:
- Company: Global Marketing EOOD
- Email: legal@smartlayers.io
- Support: support@smartlayers.io