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smartrich.aismartrich.ai — 服務條款暨隱私權政策

Last Updated: January 1, 2025

This document constitutes a legally binding agreement between you (hereinafter referred to as "User" or "Client") and smartrich.ai (hereinafter referred to as "the Company," "we," or "the Platform"). Please read all terms carefully before using the Platform. By accessing, using the Platform, or submitting any business inquiry to the Company by any means, you are deemed to have read, understood, and expressly agreed to be bound by all the terms set forth below.

I. Acknowledgment and Acceptance of Terms

1.1 Service Definition

smartrich.ai is an enterprise-grade AI Visibility Optimization (AIO) and Search Engine Optimization (SEO) B2B SaaS platform, offering, but not limited to: AI-driven digital footprint analysis, multilingual content strategy consulting, structured data optimization, AIO market competitiveness assessment, and related enterprise-grade technical services.

1.2 Scope of Application

These Terms apply to all individuals, corporate entities, and their agents who engage in business contact with the Company through the use of this platform's website, API interfaces, AI consultation chat windows, email, telephone, or any other channels. This platform is exclusively designed for B2B enterprises and professionals; minors are prohibited from using this service.

1.3 Amendment of Terms

The Company reserves the right to unilaterally amend these Terms at any time. The amended Terms shall become effective from the date of their announcement on this platform. Your continued use of this platform after any amendments shall constitute your acceptance of the revised Terms. You are advised to review this page periodically.

1.4 International Legal Applicability and Governing Law

This platform provides services to global B2B enterprise users, and endeavors in good faith to comply with the spirit of the following major international data protection regulations:

  • European Union: General Data Protection Regulation (GDPR, applicable to EU/EEA users)
  • California, USA: California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
  • Japan: Act on the Protection of Personal Information (APPI)
  • Taiwan: Personal Data Protection Act

Principle of Conflict Priority: In the event of any conflict between any individual provision of these Terms and the mandatory legal provisions of the user's jurisdiction, the local mandatory legal provisions shall prevail, while the remaining provisions of these Terms shall remain in full force and effect.

II. AI-Generated Content Disclaimer and Human Review Authority Statement

2.1 Nature of AI-Generated Content

The analysis reports, optimization suggestions, SEO scores, AIO diagnostic reports, and related output content generated by this platform's AI system are automatically generated by Large Language Models (LLM) and machine learning algorithms. The primary design purpose of such output content is to serve machine readability and index optimization for search engine crawlers and AI Q&A engines (e.g., ChatGPT, Perplexity, Google AI Overviews, etc.), rather than prioritizing human reading fluency.

2.2 Content Accuracy Disclaimer

While the Company continuously conducts regular reviews, optimization, and quality improvements of its AI models, it explicitly states:

  • The Company provides no warranties or guarantees regarding the absolute accuracy, completeness, timeliness, or applicability of AI-generated content.
  • AI-generated analysis reports and recommendations may contain discrepancies or inaccuracies due to data cut-off dates, algorithmic limitations, specific industry knowledge gaps, or incomplete user input information.
  • The Company expressly disclaims any legal liability for business losses directly or indirectly resulting from reliance on AI-generated content.

2.3 Final Authority of Human Consultation

Human consultation services directly provided by the Company's senior consultant team always constitute the ultimate and highest authoritative source (Single Source of Truth) for the quality of this platform's services. In the event of any discrepancy between AI-generated analysis results and the professional opinions of the Company's consultants, the written or verbal professional judgment of the consultants shall prevail.

Clients who rely on major business decisions (including, but not limited to, market strategy adjustments, large-scale content restructuring, or technical architecture changes) are strongly advised to obtain written confirmation from the Company's human consultants prior to implementation.

3. System Security, Rate Limiting, and Anti-Abuse Policy

3.1 System Protection Statement

To ensure the stability and availability of the platform's AI servers, and to protect the quality of service for all legitimate users from malicious activities, the Company legally implements strict request frequency limits (Rate Limiting) and input capacity control mechanisms for the platform's AI chat interface and API access interface.

3.2 Rate Limiting Details

  • Unless otherwise stipulated in a written agreement, the platform's automated AI interfaces are solely intended for normal usage frequencies for general business consulting purposes.
  • Should the system detect any of the following circumstances, the Company reserves the right to immediately, and without prior notice, restrict, suspend, or permanently terminate the access rights of the relevant user:
    • Initiating abnormally high-frequency requests to the AI chat interface within a short period (suspected DDoS attack or automated script abuse)
    • Attempting to bypass the platform's authentication or rate limiting mechanisms
    • Submitting large volumes of structured data with the intent to batch-extract the platform's AI analytical capabilities
    • Utilizing any technical means of the platform for competitive intelligence gathering or reverse engineering

3.3 Enterprise Batch Processing Requirements

Enterprise clients with substantial data batch processing requirements are expressly prohibited from directly utilizing the platform's automated interfaces for such operations. These requirements must be addressed through a customized channel established via an Enterprise Service Agreement signed with a Company business representative. To discuss enterprise batch solutions, please contact us via the official contact channel at contact@smartrich.ai.

4. Trade Secrets, Data Ownership, and Non-Disclosure Agreement (NDA Clauses)

4.1 Ownership of User Data

All information input by users through this platform—including but not limited to company information, brand strategies, market competitive analysis data, financially sensitive information, product information, and any other data of a trade secret nature—its ownership, copyright, and related intellectual property rights fully belong to the user. The Company asserts no ownership or licensing rights over the aforementioned user data, except for the purpose of service provision as described in Article 5 of these Terms.

4.2 Confidentiality Obligations and Data Usage Restrictions

The Company undertakes strict confidentiality obligations regarding all user confidential information and expressly declares:

  • User's confidential input data shall be used solely for the purpose of providing the requested AIO/SEO consulting services to that user, and for no other purpose.
  • The Company shall under no circumstances sell, rent, exchange, provide to competitors, or disclose any of the user's confidential business information, whether for consideration or gratuitously, to any third party unrelated to the provision of services.
  • Company employees who access client data operate on a strict Need-to-Know Basis and are bound by contractual confidentiality obligations.

4.3 Hidden Case Study Policy

The Company adheres to a stringent culture of protecting client trade secrets. The Company does not proactively disclose client success stories, client names, detailed cooperation strategies, or specific optimization methodologies used, unless all of the following conditions are met:

  1. The client explicitly grants the Company written permission to disclose their case.
  2. Both parties reach a consensus on the scope, format, and presentation of the disclosed content.
  3. The client has reviewed and confirmed the public version in writing.

Should users not observe public displays of the Company's client cases on this platform or any public channels, this is an active manifestation of the Company's adherence to its confidentiality commitments, rather than a deficiency in the Company's service capabilities or client base. Prospective partners seeking to understand the Company's actual service performance may request a Private NDA Briefing under confidentiality terms.

5. Data Collection, Tracking Practices, and Anti-Spam Commitment

5.1 Categories of Data We Collect

In the course of providing our services, the Company collects the following essential functional data:

Data Category Collection Method Purpose of Collection
Cookies and Local Storage Automatic Collection To maintain user sessions, language preferences, and feature settings
User Language / Region Preference (Locale) Automatic Detection To provide service interfaces and AI responses in the appropriate language
Email Address User Submission For business inquiry follow-up, service report delivery
AI Chat Input Records User Submission To provide AI analysis, optimization suggestions, and improve service quality
Website Traffic Analytics Data Automatic Collection To understand user behavior and optimize platform experience
PageSpeed Insights Analytics Data Requested from Google PSI API on behalf of the user To provide website performance diagnostic reports

5.2 Automatic Business Classification Processing of Data

Inquiry information submitted by users (including email, stated business needs, described pain points, and objectives) will be automatically classified and recorded in accordance with the Company's internal business processes, to enable our business team to provide precise and personalized follow-up services.

5.3 Anti-Spam Guarantee

The Company makes the following clear and binding commitments regarding the use of user email and contact information:

We commit to:

  • The Company will contact users via email only within the scope of the commercial consulting services requested by the user.
  • All email communications will be for the purpose of providing services, sharing information relevant to the business consulted by the user, or responding to user inquiries.

We commit not to:

  • Never send users marketing spam emails completely unrelated to the scope of business they have inquired about.
  • Never sell, rent, or otherwise provide user email addresses to external marketing agencies, advertising networks, or any third-party service providers.
  • Never use user emails for any purpose outside the scope of the Company's service provision.

6. Data Retention, Irrevocability of Business Records, and User Rights

6.1 The Retention Policy

  • All messages, email correspondence, and related business requirement descriptions submitted by you on this platform will be preserved as the Company's official business records. Such records are retained for six months (or for a longer period as required by relevant laws and regulations) in principle, in accordance with tax, accounting, and compliance requirements, and to ensure the continuity of services and licenses.
  • Unless necessary to fulfill statutory retention obligations, resolve billing disputes, or exercise the defense of legal claims, we will assist in processing requests for personal data deletion under lawful premises.

6.2 Express and Irrevocable Consent Statement

  • Once you submit any message, complete a form, or communicate with a Company business representative through this platform, it shall be deemed as your express, informed, and irrevocable consent to the entirety of these terms. This consent covers the collection, processing, retention for a specific period, and use of data as necessary for the provision of services.
  • If you do not agree with the aforementioned retention policy or irrevocable consent, please immediately cease using this service and refrain from submitting any further information.

6.3 Your Data Subject Rights (GDPR / CCPA / APPI / PDPA)

In accordance with the applicable laws of your jurisdiction, you are entitled to the following rights:

  • Right to Access and Copy: To request access to or obtain a copy of your personal data held by us.
  • Right to Rectification: To request the correction of inaccurate or incomplete personal data.
  • Right to Erasure (Right to be Forgotten): To request that we delete, de-identify, or anonymize your personal data, to the extent that it does not affect statutory business retention obligations and the necessity of contract fulfillment.
  • Right to Data Portability: To request the transfer of your personal data to another service provider in a machine-readable format.
  • Right to Object to Processing: To object to our use of your personal data for specific purposes (e.g., direct marketing).

To exercise any of the aforementioned rights, please send an email to contact@smartrich.ai. We will respond to and process your request within a reasonable period as stipulated by applicable law (typically within 30 days).

7. Intellectual Property Rights

7.1 Platform Intellectual Property

All intellectual property rights pertaining to the technical architecture, AI models (training outcomes), methodology systems, software code, user interface designs, brand identifiers, report templates, and platform-native content of this Platform are owned by the Company and are protected by applicable copyright, trademark, and patent laws.

7.2 Prohibited Conduct

Without the Company's prior written authorization, no person may: reproduce, reverse engineer, create derivative works from, or commercially exploit any intellectual property outcomes of this Platform, or attempt to replicate the Company's AI systems, methodologies, or competitive intelligence tools.

8. Limitation of Liability and Cap on Damages

8.1 "As-Is" Provision of Services

The Platform services are provided on an "as-is" and "as-available" basis. The Company expressly disclaims all implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights.

8.2 Exclusion of Damage Types

To the maximum extent permitted by applicable law, the Company shall not be liable for indirect, incidental, special, punitive damages, or loss of profits, regardless of whether the Company has been advised of the possibility of such damages.

8.3 Cap on Liability

In no event, unless due to the Company's willful misconduct or gross negligence resulting in the unlawful disclosure of your personal data, shall the Company's total aggregate liability to any user for any single claim exceed the total service fees actually paid by that user to the Company for the specific services giving rise to the claim within the six months preceding the occurrence of the damage.

9. Termination of Service

The Company reserves the right to terminate a user's access to the service without prior notice under the following circumstances: the user breaches any material provision of these Terms; the user engages in system abuse as described in Article 3; or the user's conduct causes material damage to the technical stability of the platform or the quality of service for other users.

10. Governing Law and Dispute Resolution

The interpretation and application of these Terms shall be governed by the laws of the Republic of China (Taiwan), excluding the application of its conflict of laws principles.

Should any dispute arise concerning the interpretation or enforcement of these Terms, both parties agree to first attempt resolution through good faith negotiation. If negotiations fail within thirty (30) days, both parties agree to submit the dispute to arbitration by the Chinese Arbitration Association in accordance with the Arbitration Act of the Republic of China, or to designate the Taipei District Court in Taiwan as the court of first instance, provided, however, that this shall not prejudice the priority protection of mandatory local cybersecurity and privacy laws applicable to users, as stipulated in Article 1, Section 1.4.

XI. Contact and Notices

Should you have any inquiries regarding these Terms, or wish to exercise your personal data rights under applicable law, please contact us via the following channel:

Privacy & Legal Contact: contact@smartrich.ai

The Company shall respond to legitimate and verifiable requests within the timeframe prescribed by applicable law upon receipt.

Your continued use of this platform signifies your full and unreserved acceptance of these Terms.

This document was drafted by the smartrich.ai Legal and Compliance Department, and formulated with reference to the relevant regulations of GDPR, CCPA, APPI, and Taiwan's Personal Data Protection Act.