Legal
Effective date: July 4, 2026
By accessing or using Smith (“Platform,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Platform. You must be at least 18 years old and legally capable of forming a binding contract to use Smith. By using the Platform you represent that you meet these requirements.
We may update these Terms at any time. Continued use after notice of changes constitutes acceptance. Material changes will be communicated via email or prominent notice on the Platform.
Smith is an online marketplace that connects clients (“Clients”) with vetted independent AI builders and developers (“Smiths” or “Experts”). Smith facilitates connections and payments but is not a party to any work agreement between a Client and a Smith. Smiths are independent contractors, not employees, agents, or partners of Smith.
Smith does not guarantee the quality, accuracy, or timeliness of any work delivered through the Platform, nor does it guarantee that Clients will find suitable Experts or that Experts will find suitable work.
You must create an account to access most Platform features. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
You may not share your account, create accounts on behalf of others without authorization, or use automated means to create accounts. We reserve the right to refuse registration or cancel accounts at our discretion.
Becoming a Smith requires an application and approval by us. Approval is at our sole discretion. We review applications for technical capability, professionalism, and fit with our community standards. Approval of an application does not guarantee ongoing access to the Platform.
Approved Smiths must maintain the quality and standards represented in their application. We may revoke Expert status at any time if standards are no longer met.
Service Fee. Smith charges a 10% platform fee deducted from the Expert's payout on each completed project. Clients pay the full agreed project amount; no additional service fee is charged to clients unless otherwise stated at checkout. Smith reserves the right to change fee rates with 30 days' notice.
Minimum Amounts. The following minimums apply to all projects posted on Smith:
Payment Processing. All payments are processed through Stripe. By using the Platform you agree to Stripe's terms of service. Stripe's standard processing fees apply and are disclosed at checkout.
Taxes. Each party is responsible for their own taxes. Smiths are independent contractors and are solely responsible for reporting and paying applicable taxes on their earnings. Smith may issue tax forms (e.g., 1099-K) where legally required. Smith may collect and remit taxes where legally required.
Escrow. Client funds for a project are held in escrow by Smith (via Stripe) upon acceptance of a proposal. Funds are not accessible to the Expert until released.
Release. Once a Client marks a job complete, a 14-day review hold begins. After 14 days with no dispute raised, the payout is automatically transferred to the Expert's connected Stripe account. Clients may approve early to waive the hold. Payouts are frozen during any active dispute.
Refunds. Clients may request a refund for work not delivered or materially not as described, subject to the dispute process. Approved refunds are returned to the original payment method. Processing fees are generally non-refundable.
Chargebacks. If a Client initiates a chargeback with their card issuer, Smith reserves the right to suspend the associated account and seek recovery of disputed funds from the Expert if the chargeback is upheld.
Work Product. Upon full payment and release of escrowed funds, and unless otherwise agreed in writing between Client and Expert, the Client owns all intellectual property rights in the work product delivered. The Expert grants Client an irrevocable, worldwide, royalty-free license to use the work product.
Platform IP. Smith's name, logo, software, design, and content are owned by Smith and protected by intellectual property laws. You may not copy, reproduce, or create derivative works from Platform IP without our written consent.
User Content. By submitting content to the Platform (profiles, portfolios, messages, reviews), you grant Smith a non-exclusive, royalty-free, worldwide license to display, reproduce, and promote that content in connection with operating the Platform.
Scope. From the moment a Smith accesses a job listing — regardless of whether a proposal is submitted or accepted — all job details are confidential. “Job details” means the idea, description, scope, requirements, budget, client identity, communications, and any attachments shared through the Platform.
Obligations. Smiths agree to:
Duration. These obligations apply during the proposal and engagement period and survive for two (2) years after the job is closed, withdrawn, or the Smith's account is terminated.
Exceptions. These obligations do not apply to information that: (a) was already publicly known at the time of disclosure; (b) the Smith independently developed without reference to the client's job details; or (c) the Smith is required to disclose by law, provided they give Smith prompt written notice where permitted.
Remedies. Breach of this section may result in immediate account termination, forfeiture of any pending earnings, and liability for damages including the client's lost opportunity costs.
You agree not to:
Smith reserves the right, at its sole discretion and without prior notice, to:
Where feasible, we will provide notice and an opportunity to respond before taking permanent action. We are not liable for any losses resulting from account actions taken in good faith.
Smith Mediation. Either party (Client or Expert) may open a dispute on any job that is in progress, submitted, or recently completed.
Disputes with Smith. Any claim or dispute between you and Smith arising from these Terms or your use of the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted remotely or in the state of Smith's principal place of business. Each party bears its own costs unless the arbitrator determines otherwise.
Class Action Waiver. You waive any right to participate in a class action lawsuit or class-wide arbitration against Smith.
Small Claims Exception. Either party may bring a claim in small claims court in lieu of arbitration if the claim qualifies.
Smith is an AI-native platform and Smiths are expected to use AI tools as part of their workflow. Smiths are fully responsible for reviewing, testing, and standing behind all AI-assisted output they deliver. Submitting AI-generated work without meaningful review, customisation, or quality assurance — or misrepresenting the nature of work — violates these Terms and may result in dispute rulings against the Expert or account termination.
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMITH DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES.
Smith makes no warranty regarding any Expert's qualifications, work quality, or reliability, or any Client's ability or willingness to pay.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMITH'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO SMITH IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.
IN NO EVENT SHALL SMITH BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless Smith and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any dispute between you and another user.
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Subject to the arbitration clause above, any litigation shall be brought exclusively in the courts of San Francisco County, California.
Entire Agreement. These Terms, together with our Privacy Policy and any supplemental policies, constitute the entire agreement between you and Smith.
Severability. If any provision is found unenforceable, the remaining provisions continue in full force.
No Waiver. Failure to enforce any provision does not constitute a waiver of future enforcement.
Assignment. You may not assign your rights under these Terms. Smith may assign its rights without restriction.
For legal inquiries, please contact us at legal@aismiths.cloud. For general support, visit our help center or email support@aismiths.cloud.