Terms of Service

1. Preamble and the Contractual Framework

These Terms of Service establishes the binding agreement for the use of the ai.smart platform. Amihan Global Strategies Philippines, Inc. (“Amihan” or the “Provider”), a corporation organized under the laws of the Republic of the Philippines, is the exclusive provider of the underlying Avtica AI platform and related technology infrastructure through which the AI.Smart service is made available.

Use of the platform at https://ai.smart constitutes a binding agreement between the end-user and Avtica only. Smart Communications, Inc.’s (“Smart”) independent network authentication and billing processes are governed by Smart’s subscriber terms and are distinct from this agreement.

This document establishes the foundational legal framework governing the relationship between ai.smart and its users. Your access to and use of our platforms is strictly contingent upon your adherence to these Terms of Service. By accessing or using the services, you are entering into a legally binding contract with ai.smart and integrated platforms. These terms reflect the operational realities of ai.smart's business and the specific laws applicable within the Philippines. To provide clarity and a predictable service environment, these terms are organized into the following roadmap:

• What you can expect from us: Describing how we provide and develop our AI-driven services.
• What we expect from you: Establishing specific rules of conduct for using our services.
• Content in ai.smart services: Detailing intellectual property rights regarding content created or used within the platform.
• In case of problems or disagreements: Outlining your legal rights and the consequences of term violations. Understanding these terms is essential to protecting both the provider and the user, ensuring that innovation occurs within a secure, mutually understood boundary. This contractual relationship begins with the fundamental requirements for user eligibility.

2. Product Description and Language Support

ai.smart: A hyper-local AI assistant designed for the Philippine context, utilizing a multi-model infrastructure to route queries to appropriate frontier models via an orchestration layer.

Linguistic Capability: The platform provides full support for English, Filipino/Taglish, and Bisaya, ensuring cultural and contextual relevance.

3. Commercial Framework: Sachet Subscriptions & Credits

ai.smart is built on the "Democratization of AI”. By moving away from credit-card-dependent models and utilizing Direct Carrier Billing (DCB), users can purchase "sachet" access using prepaid load or postpaid billing.

Credit Mechanics

• Credit Definition: "Credits" represent units of inference capacity. Credits are consumed as the user interacts with ai.smart (text queries, image generation, tool use). Credit consumption rates vary by model and task complexity. Raw token counts are not exposed to end users.
• Variable Consumption: Credit consumption rates vary by model and task complexity. For instance, complex queries in Bisaya or image generation may consume credits at a higher rate than simple English text queries.
• Use-It-or-Lose-It: Credits are non-refundable, non-transferable, and do not roll over. All unused credits expire at the end of the validity period.
• One-Time Free Trial: The first 100,000 unique eligible users who activate AI.Smart will each receive a one-time introductory trial of 50,000 credits valid for seven (7) days from activation. The offer is limited to one trial per unique SIM-registered identity and is available only while supplies last.
• Anti-Abuse: Repeat claims through multiple accounts or automated means are strictly prohibited. Users are reminded that providing false information or using fraudulent identities during registration is a criminal offense under Philippine law, punishable by fines and imprisonment.

4. Intellectual Property (IP) and Content Licensing

Ownership in the context of Generative AI requires a clear distinction between the user's creative intent and the provider's technical infrastructure. ai.smart maintains a balance between ensuring user ownership of data and securing the functional license necessary to operate and improve our AI models. While your content remains your property, you grant ai.smart a specific license to ensure the platform can perform its core technical functions.

Ownership Matrix

• The User: Retains exclusive ownership of all inputs and prompts provided to the platform.
• The Provider: Retains all proprietary rights to the platform architecture, machine learning IP, and model orchestration software.

Permission to Use Your Content

Your content remains yours, meaning you retain any intellectual property rights you have in that content. However, by using our services, you grant ai.smart a license that is:

• Worldwide: Valid in any jurisdiction across the globe.
• Non-exclusive: You retain the right to license your content to other third parties.
• Royalty-free: There are no monetary fees or royalties associated with this permission.
• Duration of License: This license lasts for as long as your content is protected by intellectual property rights.

Limited Operating License

To facilitate the service, the User grants the Provider a limited, non-exclusive license to process inputs solely for generating outputs, improving service reliability, and ensuring technical performance.

Operational Purpose of License

This license is granted for the limited purposes of:

• Operating and improving services: Including the use of automated systems to analyze content for spam, malware, and illegal activity.
• Pattern Recognition: Recognizing patterns in data to develop new technologies, refine machine learning weights, and improve algorithmic accuracy.
• Customization: Tailoring services to the user, providing personalized results and relevant recommendations. This license enables the iterative improvement of AI pattern recognition, which is the technological driver behind our service delivery quality. From these permissions granted to the platform, we transition to the strict boundaries placed upon user conduct.

5. Acceptable Use and AI Restrictions

Users must be active subscribers of Smart Communications, Inc. and meet the mandatory age requirements for digital services in the Philippines. Access is tethered to a unique SIM-registered identity.

Strict "Adversarial Defense" protocols are in place to protect model weights and platform safety. To protect the integrity of our underlying AI technology and defend against adversarial threats, all users must adhere to strict conduct boundaries. Safeguarding our intellectual property and the broader digital ecosystem is paramount to the platform’s security.

Prohibited Actions

You are strictly prohibited from engaging in the following conduct:

• Adversarial Prompting: You must not engage in "jailbreaking," prompt injection, or any attempt to bypass safety filters or protective measures.
• Reverse Engineering: You are forbidden from attempting to extract trade secrets, proprietary information, or machine learning model weights from our underlying technology, including scraping data for the purpose of training competing machine learning models, except as allowed by applicable law.
• Automated Extraction: You may not use automated means (scraping or crawling) to access content in violation of machine-readable instructions, such as robots.txt files.
• Competitive Training: You must not use AI-generated content or outputs to develop, train, or improve competing machine learning models or related AI technologies.
• Deceptive Representation: You must not mislead others into believing that content generated by our AI was created by a human, or otherwise using the platform to generate deceptive, harmful, or illegal content.

Professional Disclosure

To maintain academic and professional integrity, users must not represent AI-generated content as being fully human-authored. We recommend a standard disclosure footer for such content, such as: "Generated by ai.smart."

Eligibility

Establishing clear age thresholds is a necessity to ensure legal capacity and maintain strict compliance with Philippine regulatory standards for digital services. These requirements are designed to safeguard minors and ensure the validity of the contractual relationship under local law. If you are below the age required to manage your own account in the Philippines, you must have the express permission of a parent or legal guardian to use ai.smart services. We require parents or legal guardians to read these terms in full with the minor. Consistent with the framework of our services, parents or legal guardians are held strictly responsible for the minor’s activity on the platform. Parental oversight is a mandatory requirement for service continuity.

6. Warranties, Disclaimers and Limitation of Liability

ai.smart is a probabilistic system. While it leverages world-class models, it is an informational tool, not a professional surrogate.

Standard of Care

ai.smart provides its services using "reasonable skill and care." If we fail to meet the quality level described in this warranty, you agree to notify us, and we will work with you to resolve the issue. This collaborative resolution process is the primary mechanism for addressing service quality concerns.

CRITICAL AI DISCLAIMER

AI.SMART IS AN INFORMATIONAL TOOL. THE SYSTEM MAY OCCASIONALLY "HALLUCINATE" OR GENERATE INACCURATE, BIASED, OR INCOMPLETE INFORMATION. USERS ARE EXPRESSLY FORBIDDEN FROM RELYING ON THE SERVICE FOR:

• Medical Advice: AI outputs do not constitute medical diagnosis, treatment, or clinical advice.
• Legal Advice: The service is not a substitute for the counsel of a qualified legal professional.
• Financial Advice: Do not rely on AI outputs for investment, tax, or financial planning.

ALWAYS VERIFY CRITICAL INFORMATION WITH A QUALIFIED PROFESSIONAL.

Liability Caps

The total aggregate liability of the Provider for any claim arising from the use of the service shall not exceed 100% of the total fees paid by the user in the twelve (12) months preceding the claim. Neither party shall be liable for indirect, incidental, or consequential damages.

Exclusions for Business Users

If you are a business user or organization, ai.smart shall not be liable for the following:

• Loss of profits, revenues, business opportunities, goodwill, or anticipated savings.
• Indirect or consequential loss.
• Punitive damages.

7. Suspension, Termination, and Removal

ai.smart reserves the right to curate content and manage platform access to maintain a safe and lawful environment.

Rights of Removal and Suspension

We reserve the right to remove content, suspend access, or terminate your account if we reasonably believe that your content or conduct:

• Materially or repeatedly breaches these terms or service-specific policies.
• Violates applicable law, including content that facilitates child pornography, human trafficking, harassment, or terrorist content.
• Could harm our users, third parties, or ai.smart (e.g., through hacking, phishing, or scraping).

Notice Requirements

Where reasonably possible, we will provide you with advance notice and a reason for our action. However, notice may be withheld if we believe it would:

• Cause harm or liability to a user, third party, or the platform.
• Violate the law or a legal enforcement order.
• Compromise an investigation or the security of our services. These enforcement actions are essential for preventing platform abuse.

8. Governing Law and Dispute Resolution

This agreement is designed to provide maximum legal certainty for Philippine consumers.

• Governing Law: The laws of the Republic of the Philippines exclusively govern these terms.
• Dispute Resolution: All disagreements must first undergo a 30-day mandatory good-faith negotiation. If unresolved, the dispute shall be settled via binding arbitration in Manila under the rules of the Philippine Dispute Resolution Center (PDRCI).
• Venue: If unresolved, all claims shall be under the exclusive jurisdiction of Makati City courts.
• Severability: If any particular term is found to be invalid or unenforceable under Philippine law, this will not affect the validity of any other terms. All remaining provisions will continue to be in full force and effect.