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SMART PEN APP – PRIVACY POLICY

This Privacy Policy explains how Smart Pen App collects, uses, processes, stores, and shares data when you access or use the Smart Pen App application, platform, services, features, and tools, including artificial-intelligence-powered features.

By downloading, installing, accessing, creating an account, or continuing to use Smart Pen App, you acknowledge that you have been given the opportunity to review this Privacy Policy and the Terms of Use and agree to be bound by them to the maximum extent permitted by the laws applicable to you.

Failure to read this Privacy Policy or the Terms of Use, failure to understand them, or use of the application in a language you do not understand does not, to the maximum extent permitted by applicable law, excuse you from responsibility for your use of the service or from obligations arising from that use. It is your responsibility to obtain a translation or clarification or to stop using the service if you do not understand the terms.

Where the laws applicable in a user's country require separate affirmative consent, additional notices, or rights that cannot legally be waived, those requirements remain applicable and nothing in this Policy is intended to exclude them.

1. Information We May Collect

We may collect or process information necessary to provide the service, including:

- Account information, such as name, email address, and login information.

- Prompts, instructions, questions, and text submitted by users.

- Images, files, documents, audio, video, and other content uploaded by users.

- Content generated, modified, analyzed, or processed through the service.

- Credit, purchase, subscription, and transaction identifiers.

- Technical and operational information related to security, performance, abuse prevention, and troubleshooting.

- Customer-support and communication information.

Smart Pen App does not directly request or store payment-card information where payment is processed by an app store or independent payment provider. Such payment data is subject to the policies of the entity processing the payment.

2. How We Use Information

We may use information to:

- Create and manage accounts.

- Operate the service and its features.

- Process AI requests and user files.

- Save projects, results, or balances where such features are available.

- Verify purchases.

- Protect the service and its users.

- Prevent fraud and misuse.

- Diagnose errors and improve performance.

- Respond to support requests.

- Comply with binding legal and regulatory obligations.

3. User Responsibility for Uploaded Content

You are solely responsible for all content, materials, requests, prompts, instructions, images, text, audio, video, documents, files, and data that you upload, submit, record, capture, or otherwise use through Smart Pen App.

You represent that you have all rights, licenses, permissions, and consents necessary to use any content submitted to or processed through the service.

Technical acceptance of a file, image, or request by Smart Pen App does not mean that Smart Pen App has verified ownership, legality, or authorization.

Smart Pen App is not responsible for determining whether uploaded, processed, or generated content infringes copyright, trademark, privacy, publicity, intellectual-property, confidentiality, or other third-party rights.

4. User Responsibility for AI-Generated Content

You are solely responsible for any content or output generated, modified, analyzed, or processed through Smart Pen App.

AI-generated outputs may:

- Be inaccurate or incomplete.

- Resemble pre-existing content.

- Be unsuitable for a particular purpose.

- Require human review.

- Be unsuitable for a particular legal or commercial use.

- Be affected by limitations or policies of third-party model providers.

You must review and verify outputs before downloading, publishing, sharing, selling, relying on, or otherwise using them.

Any use, publication, sharing, modification, sale, redistribution, or reliance on generated content is undertaken at your own responsibility.

5. Intellectual Property and Third-Party Rights

You are responsible for ensuring that you have the right to use:

- Images.

- Faces and likenesses.

- Voices.

- Logos.

- Trademarks.

- Text.

- Books.

- Documents.

- Designs.

- Music.

- Video.

- Educational materials.

- Personal data.

- Any other content.

To the maximum extent permitted by applicable law, Smart Pen App is not responsible for any claim, dispute, complaint, loss, or damage resulting from a user's upload, creation, use, or distribution of content that the user was not entitled to use.

6. Information About Other People

You must not upload, submit, or process personal data, images, recordings, or files belonging to another person unless you have a lawful basis, permission, or other right to do so.

You are solely responsible for obtaining any required consent.

7. Third-Party Service Providers

Smart Pen App may use third-party providers, including providers of:

- Artificial intelligence.

- Hosting.

- Databases.

- Storage.

- Verification and security.

- Payments and app-store services.

- Analytics and technical infrastructure.

Some content or data may need to be transmitted to such providers in order to perform your request or operate the service.

This includes automated screening of submitted text and uploaded images by an artificial-intelligence provider before a request is carried out, to check them against the content policy and to protect minors.

This includes the “Record your voice” (voice cloning) feature: a voice sample is recorded only after the user expressly confirms that the voice is their own or that they have its owner’s permission. The sample is stored on our servers, linked to the user’s account, and is sent only to the artificial-intelligence provider that reads the voice-over the user requests; it is not used for any other purpose. The sample is deleted when the user deletes the voice (long-press on its name) or deletes their account.

The same applies to lecture recordings in the studio: a recording stays in the user’s account only, its audio is sent to the artificial-intelligence provider that turns it into text when the user asks for that, it is not used for any other purpose, and the user can delete it at any time; it is deleted with the account.

Likewise, a photo of a person used in “New character” is uploaded only after the user confirms that it is their own photo or that they have that person’s permission. It is sent to an artificial-intelligence provider to draw a cartoon character from it; the original photo is deleted from our servers within one day, and the character drawing is deleted when the user deletes the character or their account.

Processing by those providers may also be subject to their own terms, privacy policies, and legal arrangements.

8. International Data Transfers

Data may be processed or stored in countries other than the user's country of residence depending on the location of infrastructure and service providers.

Such transfers are handled in accordance with applicable legal requirements where required.

9. Data Retention

We may retain information for as long as reasonably necessary to provide the service, operate accounts, protect the platform, prevent fraud, resolve disputes, and comply with legal obligations.

Retention periods may vary depending on the type of data and purpose of processing.

10. Account Deletion

Users may be provided with account-deletion options through the application or available support channels.

Deleting an account may result in loss of data, projects, balances, or content associated with that account, subject to service functionality and applicable law.

Certain records may be retained where legally required or reasonably necessary to prevent fraud, resolve disputes, or protect legal rights.

11. Device Permissions

The application may request access to:

- Camera.

- Photos.

- Microphone.

- Files or storage.

- Notifications.

These permissions are used to operate features selected by the user.

12. Security

We use reasonable technical and organizational measures designed to protect information.

However, no electronic system or online service can be guaranteed to be 100% secure.

To the maximum extent permitted by applicable law, Smart Pen App does not guarantee that outages, cyberattacks, unauthorized access, or data loss caused by events beyond its reasonable control will never occur.

13. No Sale of Personal Data

Smart Pen App does not sell users' personal information for money as part of its ordinary operating model unless otherwise disclosed and any legally required consent is obtained.

14. User Rights

Depending on the law applicable to you, you may have rights regarding your personal information, including rights of access, correction, deletion, objection, or withdrawal of consent where provided by law.

Nothing in this Policy is intended to limit any right that cannot legally be waived.

15. Minors

If a user is below the age required by applicable law to consent to data processing or use of the service, parental or guardian consent must be obtained where required.

16. Changes to This Policy

We may update this Privacy Policy from time to time.

Continued use of Smart Pen App after an updated version becomes effective constitutes acceptance of the update to the maximum extent permitted by applicable law, subject to any situations where the law requires additional or express consent.

17. Contact

Privacy inquiries:

support@smartpenapp.com