Terms of Service

These Terms of Service ("Terms") govern your use of the Smells Fishy service operated by [Your Name / Entity] ("we," "us," or "our"), including the website, API, and iOS Shortcut integration (collectively, the "Service"). By using Smells Fishy, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Smells Fishy is an AI-powered scam detection tool. You submit screenshots of suspicious messages, emails, or other content, and our AI analyzes them to provide a risk assessment (HIGH, MEDIUM, LOW, or UNDETERMINED). Results may be shared with contacts you designate.

Smells Fishy is designed to assist with identifying potential scams. It is not a substitute for professional advice, law enforcement, or independent verification.

IMPORTANT: Please read this section carefully.

Smells Fishy uses artificial intelligence (currently Google's Gemini API) to analyze screenshots. AI analysis is inherently imperfect, and you acknowledge that:

• Results are NOT guaranteed to be accurate, complete, or reliable.
• The AI may produce false negatives — failing to identify a scam when one exists. You should never assume a message is safe solely because Smells Fishy classified it as LOW risk.
• The AI may produce false positives — incorrectly flagging legitimate content as suspicious.
• Results are informational only and should be treated as one input in your decision-making, not as a definitive determination.
• You should always verify the identity of senders through independently obtained contact information (e.g., a phone number you already have, not one provided in the suspicious message).
• The AI may not detect novel, sophisticated, or rapidly evolving scam techniques.
• Smells Fishy is not responsible for any actions you take or fail to take based on the Service's results, including financial losses, disclosure of personal information, or other harm.

To access certain features, you must create an account. You agree to provide accurate information and keep your account credentials secure. You are responsible for all activity under your account. We reserve the right to suspend or terminate accounts that violate these Terms or are used for abusive purposes.

Smells Fishy offers a free trial that provides up to 3 scans within a 24-hour period without requiring an account. Trial availability, scan limits, and duration are subject to change at our discretion. Trial usage is subject to the same data practices described in our Privacy Policy. We may limit the number of trials per device or IP address to prevent abuse.

Smells Fishy offers free and paid plans with different scan limits. Free accounts receive a limited number of scans per month. Paid plans provide additional or unlimited scans as described at the time of purchase. We reserve the right to modify plan features, pricing, and scan limits with reasonable notice.

You agree not to:

• Submit content that is illegal, obscene, or that you do not have the right to share.
• Attempt to reverse-engineer, decompile, or extract the AI models, prompts, or algorithms used by the Service.
• Abuse the API or circumvent rate limits through automated means outside of the provided iOS Shortcut.
• Create multiple accounts or trial sessions to circumvent scan limits.
• Use the Service for any purpose other than personal scam detection.
• Interfere with or disrupt the Service or its infrastructure.
• Impersonate another person or entity when using the Service.

The Smells Fishy name, branding, website design, and underlying technology are the property of [Your Name / Entity]. You may not use our trademarks or branding without prior written permission.

You retain full ownership of any screenshots or content you submit to Smells Fishy. By submitting content, you grant us a limited, non-exclusive license to process it solely for the purpose of providing the scam detection service. This license expires immediately after analysis is complete. We do not store your screenshots.

Smells Fishy allows you to designate contacts who will receive scan results via SMS. By using this feature, you represent and warrant that:

• You have obtained consent from each contact to receive SMS messages from Smells Fishy on your behalf.
• The phone numbers you provide are accurate and belong to the intended recipients.
• You will remove any contact who requests to stop receiving messages.

You are solely responsible for ensuring compliance with applicable telecommunications laws, including the Telephone Consumer Protection Act (TCPA), regarding messages sent to your designated contacts.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [YOUR NAME / ENTITY] SHALL NOT BE LIABLE FOR:

• Any financial loss, personal harm, or other damage resulting from reliance on the Service's risk assessments.
• Failure of the AI to detect a scam or correctly classify content.
• Incorrect or misleading risk assessments.
• Actions taken by third parties, including scammers, based on or despite the Service's results.
• Service interruptions, downtime, or data loss.
• Actions of third-party service providers (Clerk, Google, Cloudflare).

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SMELLS FISHY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) FIFTY DOLLARS ($50 USD).

You agree to indemnify and hold harmless [Your Name / Entity] from any claims, losses, damages, liabilities, and expenses (including reasonable attorney's fees) arising from: your use of the Service; your violation of these Terms; your violation of any third-party rights; or SMS messages sent to your designated contacts through the Service.

These Terms are governed by the laws of the State of [State], without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in [State]. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction. Claims may also be brought in small claims court if they qualify.

We may modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of Smells Fishy after changes are posted constitutes acceptance of the updated Terms.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

If you have questions about these Terms, contact us at [support@email.com].