These Terms govern your use of the Smash Platform, including the Smash command-line tools, daemons, libraries, hosted control plane, and any related documentation, samples, or services provided by Smash AI, Inc. ("Smash," "we," "us"). By installing, accessing, or using the Smash Platform, you agree to these Terms.
Smash provides Sovereign Intelligence software for autonomous engineering. The Smash Platform consists of signed binaries delivered to your environment, optional hosted control-plane endpoints (authentication, billing, telemetry opt-in), and the documentation and templates published on smsh.run.
Smash ships as signed binaries only. Source code is not part of the Service. Source-escrow arrangements, if any, are negotiated separately under a written agreement.
To use paid features, you must create an account and obtain a Smash API key. You are responsible for maintaining the confidentiality of your API key and for all activity that occurs under it. Notify us immediately at support@smsh.run if you suspect your key has been compromised.
Free-tier developer keys are issued for individual evaluation. Production, team, and regulated-environment keys are issued under the corresponding paid tier.
You agree not to use the Smash Platform to:
You own your Customer Data. Customer Data means the inputs, outputs, source code, repositories, memory entries, audit chains, and other information processed by the Smash Platform on your behalf.
Smash's default posture is local-first. The substrate (mema, toda, noisa, tima, tracea) runs on your hardware and persists data locally. The hosted control plane handles authentication, billing, optional waitlist signup, and -- where you opt in -- usage metering for paid plans.
Smash does not forward your Customer Data to third-party large language models without your explicit configuration. Any LLM integration runs under credentials you supply.
For details on what we collect and how, see the Privacy Policy.
The Smash Platform, including the binaries, daemons, libraries, hosted endpoints, documentation, branding, and accompanying intellectual property, is and remains the exclusive property of Smash AI, Inc. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms and your subscription plan.
Smash holds four pending United States patent applications covering deterministic governance, severity escalation, cognitive context budgeting, and the cognitive memory substrate. Nothing in these Terms grants you any right or license under those applications or any future-issued patents beyond ordinary use of the Service.
You retain all rights in your Customer Data and any feedback you provide; however, you grant Smash a non-exclusive, royalty-free license to use feedback to improve the Service.
Each party will protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information of like kind, and in no event less than reasonable care. Confidential Information includes non-public business, technical, and financial information disclosed in connection with the Service. The obligations in this section survive termination for three (3) years, except for trade secrets, which are protected for so long as they remain trade secrets.
Paid plans are billed through Stripe, our third-party payment processor. By subscribing, you authorize Smash and Stripe to charge the payment method you provide for the applicable fees, plus any taxes.
Subscriptions renew automatically at the end of each billing cycle unless cancelled. You can cancel at any time through the Stripe customer portal or by contacting support@smsh.run.
Refunds are governed by our Refund Policy.
Fees do not include taxes, levies, or duties imposed by taxing authorities, and you are responsible for those amounts unless we are legally required to collect them on your behalf.
These Terms apply for as long as you use the Service. We may suspend or terminate your access if you breach these Terms, fail to pay, or engage in conduct that creates legal, security, or reputational risk for Smash or other customers. We will give notice when reasonably practicable.
You may stop using the Service at any time. Termination of a paid plan does not entitle you to a refund except as described in the Refund Policy.
On termination, your right to use the binaries and the hosted control plane ends. You may continue to operate the substrate locally to access your Customer Data for export, subject to any continuing licensing or audit-chain integrity requirements.
Smash warrants that it will provide the Service with reasonable care and skill. Except as expressly stated in these Terms or a separate written agreement, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or secure.
The Smash Platform may incorporate machine-learning components. Outputs from such components can be incorrect, incomplete, or unsuitable for your use case. You are responsible for reviewing outputs before relying on them.
To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or business opportunities, even if advised of the possibility of such damages.
Each party's aggregate liability arising out of or related to these Terms will not exceed the greater of (a) the fees you paid Smash for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).
You agree to indemnify, defend, and hold harmless Smash AI, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service in violation of these Terms or applicable law.
Smash will defend you against third-party claims that the Service, when used as permitted, infringes a U.S. patent, copyright, or trademark, and will pay any damages finally awarded by a court of competent jurisdiction or agreed to in settlement, provided that you give prompt notice and reasonable cooperation, and Smash has sole control of defense and settlement.
The Smash Platform is subject to U.S. export control and economic sanctions laws. You will not export, re-export, or transfer the Service, directly or indirectly, to any country, entity, or person prohibited under those laws, including without limitation parties on the U.S. Treasury Department's Specially Designated Nationals list or the U.S. Commerce Department's Denied Persons list.
You represent that you and your end users are not located in, organized under the laws of, or ordinarily resident in any country or region under comprehensive U.S. sanctions, and that you will not use the Service for any prohibited end use, including weapons of mass destruction, military intelligence, or unauthorized cryptanalysis.
If you are a U.S. government end user, the Smash Platform is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. Government use, modification, reproduction, release, performance, display, or disclosure is governed solely by these Terms.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Wilmington, Delaware, and waive any objection to such jurisdiction or venue.
Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
We may update these Terms from time to time. Material changes will be posted on this page with a new effective date and, where reasonable, communicated by email to active customers. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
These Terms constitute the entire agreement between you and Smash regarding the Service and supersede any prior or contemporaneous agreements on the subject. If any provision is held unenforceable, the remaining provisions remain in full force. Failure to enforce a provision does not waive the right to do so later. You may not assign these Terms without our written consent; we may assign them in connection with a corporate reorganization, merger, or sale of assets.
Notices to Smash should be sent to support@smsh.run. Notices to you may be delivered by email to the address associated with your account.
Smash AI, Inc.
Delaware C-Corporation
Email: support@smsh.run