Terms of Service

These Terms of Service ("Terms") govern your use of the Smells Fishy service ("we," "us," or "our"), including the iOS app (with its share extension and Shortcuts integration), website, and API (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 checking tool. You submit screenshots of suspicious messages, emails, or other content, and our AI highlights warning signs and patterns the content shows, returning a risk assessment (HIGH, MEDIUM, LOW, or UNDETERMINED) with suggested next steps. You can optionally create a shareable web link that shows a check's screenshot and analysis to people you choose to share it with.

Smells Fishy is designed to assist with spotting the signals of potential scams and misleading content. It describes what content appears to show or resembles — it does not make definitive determinations, and 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 flag a scam when one exists. You should never assume a message is trustworthy solely because Smells Fishy classified it as LOW risk.
• The AI may produce false positives — 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.

The Service works without an account: the app registers your device anonymously and issues it an API key. You are responsible for activity performed from your device. If you choose to create an account, you agree to provide accurate information and keep your credentials secure. We reserve the right to suspend or deactivate devices or accounts that violate these Terms or are used for abusive purposes.

Smells Fishy is currently in early access. During this period the Service is offered free of charge, with usage limits — such as a daily cap on quick checks and a credit or plan system for Deep Dives. Limits, features, plan structures, and pricing may change as the Service evolves, and early-access plans or credits may be modified or reset when paid plans are introduced. We will provide reasonable notice of material changes.

When you create a share link, a copy of that check's screenshot and analysis is stored on our servers and made available to anyone who has the link, until the link expires or you turn it off. By creating a share link, you agree that:

• You have the right to share the content in the screenshot, and you are responsible for what you share and who you share it with.
• Anyone with the link can view the screenshot and analysis while the link is live — treat the link itself as sensitive.
• Messaging and social apps copy link previews (the verdict headline — never the screenshot) into chat threads and onto their own servers; those previews are outside our control and may persist after the link is turned off.
• We may deactivate a share link at our discretion, for example if it is reported as abusive or violates these Terms.

You agree not to:

• Submit or share 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 or quotas through automated means outside of the provided app and Shortcut.
• Register multiple devices or accounts to circumvent usage limits.
• Use the Service for any purpose other than personal scam and content checking.
• Interfere with or disrupt the Service or its infrastructure.
• Impersonate another person or entity when using the Service.

The Smells Fishy name, branding, app and website design, and underlying technology are our property. 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 Service. For ordinary checks this license expires immediately after analysis is complete and the screenshot is not stored. For share links you create, the license additionally covers storing and displaying the screenshot and analysis for as long as the link is live; it ends when the link expires or you turn it off.

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, WE 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 flag 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.
• Content you choose to share via share links, or copies of link previews retained by third-party messaging platforms.
• Service interruptions, downtime, or data loss.
• Actions of third-party service providers (Google, Vercel, Neon, Clerk).

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 us harmless 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 content you submit to the Service or distribute via share links.

These Terms are governed by the laws of the United States and the state in which the Service's operator resides, 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. 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 ajenglehardt81@gmail.com.