Terms of Use

These Terms of Use govern your use of the website located at purplesmart.ai, fictional.ai and the Fictional mobile application (collectively, the "Services") provided by PurpleSmartAI, Inc. ("we", "us", or "our").

By accessing purplesmart.ai, fictional.ai or using the Fictional application, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from using or accessing our Services.

We reserve the right to review and amend any of these Terms of Use at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Use will take effect immediately from the date of publication. These Terms of Use were last updated on February 25, 2025.

By using our Services, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained within our Services;
• Remove any copyright or other proprietary notations from any materials and software available through our Services;
• Transfer the materials to another person or "mirror" the materials on any other server;
• Knowingly or negligently use our Services in a way that abuses or disrupts our networks or any other service PurpleSmartAI provides;
• Use our Services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• Use our Services in violation of any applicable laws or regulations;
• Use our Services in conjunction with sending unauthorized advertising or spam;
• Harvest, collect, or gather user data without the user's consent;
• Use our Services in a way that may infringe the privacy, intellectual property rights, or other rights of third parties;
• Use automated means, including spiders, robots, crawlers, or data mining tools, to download data from our Services;
• Introduce or engage in activities that involve the use of viruses, bots, worms, or any other computer code designed to disrupt or compromise the integrity of our Services.

You are expressly prohibited from using our Services to generate, create, or disseminate:

• Content that promotes hatred, discrimination, or violence against individuals or groups based on attributes such as race, ethnicity, religious affiliation, disability, gender, age, veteran status, sexual orientation, or gender identity;
• Sexually explicit or pornographic material, particularly any involving minors or non-consensual activities;
• Content that harasses, bullies, or threatens others;
• Material that infringes or violates someone else's intellectual property rights;
• Content that impersonates or misrepresents your connection to any person or entity;
• False, deceptive, or misleading content, including deceptive medical or health information;
• Content that promotes illegal activities or describes how to conduct illegal activities;
• Material that depicts or promotes self-harm, suicide, eating disorders, or substance abuse;
• Spam, phishing content, or other deceptive practices;
• Content intended to manipulate or interfere with elections or other civic processes.

We reserve the right to determine, in our sole discretion, whether content violates these prohibitions. We may terminate or suspend access to our Services immediately, without prior notice or liability, for any breach of these Terms of Use, including the creation of prohibited content.

The intellectual property in the materials contained in our Services are owned by or licensed to PurpleSmartAI, Inc. and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Use, and may be terminated by PurpleSmartAI at any time.

You retain your intellectual property ownership rights over content you submit to us for publication on our website or through our app. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our Services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences and our Privacy Policy.

By using the Fictional app and its Pony V7 AI model, you acknowledge and agree that:

1. The content generated through our AI service is the result of an algorithmic process and is created as an independent work;
2. While we have trained our AI to generate original content, the nature of AI systems means there is an inherent risk that AI-generated content may inadvertently resemble existing works;
3. PurpleSmartAI makes no representations or warranties about the originality of AI-generated content or its suitability for any specific use, including commercial purposes;
4. You bear sole responsibility for ensuring that your use of any AI-generated content does not infringe upon the intellectual property rights, publicity rights, privacy rights, or other legal rights of any third parties;
5. Before using AI-generated content commercially or publicly, you are responsible for conducting appropriate clearance procedures and securing any necessary licenses or permissions;
6. You agree to immediately cease using any AI-generated content if you receive notice that it potentially infringes upon third-party rights;
7. We retain the right to use anonymized data from your interactions with our AI service to improve our products and services;
8. You understand that we cannot control how you use the generated content and you assume all risks associated with your use of such content.

Our Services and the materials provided through them are offered on an 'as is' basis. To the extent permitted by law, PurpleSmartAI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall PurpleSmartAI or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our Services or the materials provided through them, even if PurpleSmartAI or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Our total liability to you for all claims arising from or related to the Services shall not exceed the amount paid by you, if any, for accessing our Services during the twelve (12) months prior to the claim or one hundred dollars ($100), whichever is greater.

If you have any questions about these Terms of Use, please contact us at:

PurpleSmartAI, Inc.
[email protected]
https://www.purplesmart.ai