Terms of Service
Clear & Transparent
These Terms govern your use of IdeaSmokeTest. By using our Service, you agree to these terms. Please read them carefully.
Effective Date: December 8, 2024 • Last Updated: December 8, 2024
Acceptance of Terms
By accessing or using IdeaSmokeTest ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
You accept these Terms by: (a) submitting your idea and completing payment, (b) creating an account, or (c) accessing any part of the Service. Your continued use constitutes ongoing acceptance.
If you are using the Service on behalf of a company or entity, you represent that you have authority to bind that entity to these Terms.
Service Description
IdeaSmokeTest is a validation platform that helps founders test market demand before building products. For a one-time payment of $49, we provide 11 deliverables:
- AI-Generated Landing Page (deployed and hosted)
- High Optimized Form for intent collection
- Traffic Playbook with ranked channels
- Google Ads Copy
- Social Media Posts
- Email Templates
- Analytics Dashboard
- Mini CRM for lead management
- AI-Generated Conclusions based on your results
- Validation Checklist
- Proof of Invention Certificate (blockchain timestamp)
Deliverables are generated by AI and provided "as-is." Results may vary based on your idea, execution, and market conditions.
User Accounts & Registration
To use IdeaSmokeTest, you must provide accurate information including a valid email address. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring your contact information remains current
You must be at least 16 years old to use this Service. By using IdeaSmokeTest, you represent that you meet this age requirement.
Payment Terms
Pricing: IdeaSmokeTest costs $49 per smoke test (one-time payment). Each idea requires a separate purchase.
Payment Processing: Payments are processed securely through Stripe. By submitting payment, you authorize us to charge your payment method.
30-Day Money-Back Guarantee: If you follow our traffic playbook for 30 days and get zero traction (no clicks, signups, or purchase intent), we will:
- Personally audit your smoke test
- Provide 3 specific pivot strategies
- Issue a full refund upon request
To request a refund, email support@ideasmoketest.com with evidence of your traffic efforts and zero results. Refunds are processed within 7-10 business days.
No Refunds After Success: If your smoke test generates leads, clicks, or purchase intent, the refund guarantee does not apply—this means the validation worked.
Intellectual Property Rights
Your Ideas: You retain all ownership rights to your submitted ideas, business concepts, and any content you provide. We claim no ownership over your intellectual property.
Our Platform: IdeaSmokeTest, including all code, design, content, trademarks, and technology, is owned by us and protected by copyright and other intellectual property laws.
Generated Content: AI-generated deliverables (landing pages, ads, emails, etc.) are provided to you for your use. You may use, modify, and commercialize this content for your business.
License: We grant you a non-exclusive, non-transferable license to use your deliverables for your business purposes. You may not resell or redistribute our platform or technology.
Proof of Invention Disclaimer: The blockchain certificate is NOT a patent, trademark, or legal IP protection. It’s simply a timestamped record. Consult a patent attorney for legal protection.
Acceptable Use & Restrictions
You agree NOT to:
- Submit illegal, harmful, fraudulent, or misleading ideas
- Use the Service to validate scams, pyramid schemes, or deceptive businesses
- Reverse engineer, decompile, or attempt to extract our source code
- Abuse, spam, or overload our systems
- Scrape, copy, or steal content from other users’ smoke tests
- Impersonate others or provide false information
- Use the Service to violate any laws or third-party rights
- Attempt to bypass payment or abuse refund policies
Violation of these terms may result in immediate account termination without refund.
AI Content Generation
Your idea submissions are processed by AI models (including OpenAI) to generate your deliverables. By using IdeaSmokeTest, you acknowledge that:
- AI-generated content may contain errors, inaccuracies, or require editing
- You are responsible for reviewing and approving all content before use
- We do not guarantee specific results, traffic, or conversions
- AI models may occasionally produce similar content for similar ideas
You are responsible for ensuring that your use of AI-generated content complies with all applicable laws and does not infringe third-party rights.
Analytics, CRM & Data
Your smoke test landing page includes analytics tracking and lead collection. By using these features:
- You are responsible for complying with privacy laws (GDPR, CCPA, etc.)
- You must include appropriate privacy disclosures on your landing page
- You own all leads and data collected through your smoke test
- We may access this data to provide analytics, support, and AI conclusions
See our Privacy Policy for details on how we handle your data.
Hosting & Availability
We host your landing page and make it publicly accessible via a unique URL. However, we do not guarantee:
- 100% uptime or availability
- Permanent hosting (pages may be archived after extended inactivity)
- Specific performance or load capacity
- Protection from DDoS attacks or abuse from third parties
We reserve the right to take down landing pages that violate our terms or receive legal complaints.
Termination
By You: You may close your account at any time by contacting support. Refunds are only available under our 30-day guarantee terms.
By Us: We may suspend or terminate your access immediately if you violate these Terms, engage in fraudulent activity, or abuse the Service.
Upon termination, your access to the Service will cease, but your landing page may remain hosted unless you request deletion. Blockchain records (Proof of Invention) are permanent and cannot be deleted.
Disclaimers & Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
We disclaim all warranties, express or implied, including but not limited to:
- Merchantability, fitness for a particular purpose, and non-infringement
- Accuracy, reliability, or completeness of AI-generated content
- Achievement of specific business outcomes or validation results
- Uninterrupted, secure, or error-free operation
No advice or information obtained from IdeaSmokeTest creates any warranty not expressly stated here.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IDEASMOKETEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
Our total liability to you for any claims related to the Service is limited to the amount you paid us ($49) in the 12 months preceding the claim.
This limitation applies to all claims, whether based on contract, tort, strict liability, or any other legal theory, even if we were advised of the possibility of such damages.
Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. In such cases, the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless IdeaSmokeTest, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your submitted ideas or business concepts
- Content you collect through your smoke test landing page
Changes to Terms
We may update these Terms at any time. Material changes will be communicated via email or prominent notice on the Service. Changes take effect upon posting.
Your continued use of IdeaSmokeTest after changes constitutes acceptance of the updated Terms. If you disagree with changes, you must stop using the Service.
We recommend reviewing these Terms periodically for updates.
Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.
Informal Resolution: Before filing any legal action, you agree to contact us at legal@ideasmoketest.com to attempt to resolve the dispute informally.
Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
Class Action Waiver: You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions or class-wide arbitration.
Some jurisdictions do not allow arbitration agreements. If arbitration is unenforceable, disputes will be resolved in state or federal courts located in Delaware.
Miscellaneous
Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and IdeaSmokeTest.
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
Assignment: You may not assign or transfer these Terms. We may assign our rights without restriction.
Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.
Questions About These Terms?
If you have questions about these Terms of Service, contact us:
Email: legal@ideasmoketest.com
Support: support@ideasmoketest.com
Response Time: Within 2-3 business days
For privacy questions, see our Privacy Policy or email privacy@ideasmoketest.com.
Understand the terms? Ready to validate your idea?
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