SMART SEARCH TERMS OF USE

Last Modified: January 13th, 2025

Welcome to Smart Search! Please read these Terms of Use and our Privacy Policy carefully before using the Smart Search application. By downloading, installing, or using Smart Search, you agree to be bound by these Terms of Use. If you disagree with any part of these terms, please do not use our application.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Share Creators Inc. ("Company," "Share Creators," "we," "our," or "us"), and they govern your access to and use of the Smart Search desktop application and related services (collectively the "Application"), including any content, functionality, and services offered on or through the Application, whether as a guest or a registered user.

Please read these Terms carefully before you start to use the Application. By using the Application, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Application.

Term

This agreement remains in full force and effect while you use the Application. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Eligibility

The Application is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and the usage of the Application.

Changes to the Terms of Use

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them in the Application or on our website, and apply to all access to and use of the Application thereafter. Your continued use of the Application following the posting of revised Terms means you accept and agree to the changes.

Description of Smart Search

Smart Search is an intelligent local file search application that provides the following features:

• Local file indexing and full-text search capabilities
• AI-powered semantic search functionality
• File content preview and analysis
• Cloud storage integration (optional)
• Cross-platform support (Windows, macOS, Linux)

The Application operates primarily on your local device and processes your files locally. Some features may require an internet connection and an active account with valid subscription.

User Accounts and Subscriptions

To access certain features of the Application, you may need to create an account. You can use the Application in different modes:

• Free Users: Users who can access basic local file search features without an account.
• Registered Users: Users who create an account to access additional features such as cloud storage integration and AI-powered search.
• Subscribing Customers: Users who purchase a subscription plan to access premium features and services as determined by their subscription tier.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

User Content and Privacy

Smart Search indexes and processes files on your local device to provide search functionality. We respect your privacy and the confidentiality of your data:

• All file indexing and basic search operations are performed locally on your device.
• Your files and their content remain on your device and are not uploaded to our servers unless you explicitly choose to use cloud storage integration features.
• For AI-powered search features that require server processing, only minimal necessary data (such as search queries and file metadata) may be transmitted to our servers.
• We implement industry-standard encryption and security measures to protect any data transmitted to our servers.
• You retain all rights, title, and interest in and to your files and content.

By using AI-powered features, you grant us a limited, non-exclusive license to process your search queries and file metadata solely for the purpose of providing the requested services. This license terminates when you delete your data or close your account.

Data Storage and Security

The Application stores index data and preferences locally on your device. You are responsible for:

• Maintaining adequate backup of your important files and data.
• Ensuring the security of your device and account credentials.
• Configuring appropriate exclusion rules for sensitive directories you do not wish to index.

We are not responsible for any loss of data resulting from device failure, accidental deletion, or unauthorized access to your device.

Software License

Subject to your compliance with these Terms, Share Creators grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Smart Search application solely for your personal, non-commercial use on devices that you own or control.

You may not:

• Modify, reverse engineer, decompile, or disassemble the Application
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Share Creators or its affiliates, partners, suppliers or the licensors of the Application
• Rent, lease, lend, sell, redistribute, or sublicense the Application
• Copy, reproduce, distribute, or create derivative works based on the Application
• Use the Application for any illegal or unauthorized purpose

Updates and Modifications

We may provide updates, patches, or modifications to the Application from time to time. These updates may be automatically downloaded and installed depending on your settings. By continuing to use the Application, you agree to receive such updates.

We reserve the right to modify, suspend, or discontinue the Application (or any part or content thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights.

Prohibited Uses

You may use the Application only for lawful purposes and in accordance with these Terms. You agree not to use the Application:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application, or which, as determined by us, may harm the Company or users of the Application or expose them to liability
• To index or search files that you do not have the legal right to access
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application

Intellectual Property Rights

The Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Share Creators, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Share Creators name, the Smart Search name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Share Creators or its affiliates or licensors. You must not use such marks without the prior written permission of Share Creators.

Third-Party Services

The Application may integrate with or provide access to third-party services such as cloud storage providers (Dropbox, Google Drive, etc.). Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of these third parties.

Disclaimer of Warranties

YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION.

WITHOUT LIMITING THE FOREGOING, NEITHER SHARE CREATORS NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation on Liability

IN NO EVENT WILL SHARE CREATORS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APPLICATION, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE, OR LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY EXCEED THE AMOUNT YOU HAVE PAID TO SHARE CREATORS FOR THE APPLICATION IN THE LAST 12 MONTHS, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT MADE ANY PAYMENTS TO US.

Indemnification

You agree to defend, indemnify, and hold harmless Share Creators, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Application.

Governing Law and Jurisdiction

All matters relating to the Application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provisions or rules.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco County, California, and the parties irrevocably consent to the personal jurisdiction and venue therein.

Arbitration

At Share Creators' sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Termination

We may terminate or suspend your access to the Application immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Application and delete it from your device.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Share Creators with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Application.

Contact Information

The Application is operated by Share Creators Inc., located at 800 Airport Boulevard Suite 412, Burlingame, CA 94010.

All feedback, comments, requests for technical support, and other communications relating to the Application should be directed to: support@blueberry-ai.com

© 2025 Share Creators Inc. All rights reserved.