Terms of Service - Smoshy

Effective Date: January 1, 2025

Last Updated: January 1, 2025

Welcome to Smoshy ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of the Smoshy mobile application and related services (collectively, the "Service").

By using Smoshy, you agree to these Terms. If you don't agree, don't use the Service.

1. Eligibility & Account Registration

1.1 Age Requirement

You must be at least 18 years old to use Smoshy. By creating an account, you represent and warrant that you are 18 or older.

1.2 Account Creation

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the security of your account credentials
  • You are responsible for all activities that occur under your account
  • You must immediately notify us of any unauthorized use of your account
  • We reserve the right to suspend or terminate accounts that violate these Terms

1.3 One Account Per Person

You may only create and maintain one account. Multiple accounts may be suspended or terminated.

2. Service Overview

2.1 What Smoshy Does

Smoshy is a video-based accountability platform for 100-day challenges. Users record daily 60-second progress videos, follow other challengers, and track their journey.

2.2 Free Trial & Subscription Tiers

Free Trial:

  • New users receive a 7-day free trial with full upload access
  • After 7 days, you must subscribe to continue uploading videos
  • Without a subscription, you can continue to watch videos and interact with content

Free Tier (After Trial):

  • Watch unlimited videos
  • View and create comments and likes
  • Access basic analytics
  • View standard quality videos (480p)
  • See advertisements
  • Some challenges may be designated as "Free Challenges" that anyone can join without a subscription

Paid Subscription ($39.99/year):

  • Upload unlimited videos
  • Create unlimited challenges
  • High-definition video (1080p)
  • Ad-free experience
  • Full analytics dashboard
  • Priority support

2.3 Video Retention

All videos are retained permanently unless you delete them or delete your account. We do not automatically delete videos based on subscription status.

3. Subscriptions & Payments

3.1 Subscription Terms

  • Subscriptions are billed annually at $39.99/year
  • Subscriptions automatically renew unless canceled before the renewal date
  • You will be charged at the beginning of each subscription period
  • Prices are subject to change with 30 days notice

3.2 Payment Processing

  • Payments are processed through Google Play Billing (Android) or Apple App Store (iOS)
  • We do not store your payment information
  • All billing disputes must be resolved through Google or Apple

3.3 Refund Policy

You may request a full refund within 7 days of your initial purchase or renewal. After 7 days, all sales are final. To request a refund:

  • Android users: Contact Google Play Support
  • iOS users: Contact Apple Support
  • Or email us at support@smoshy.app

Refunds are processed according to Google/Apple policies and may take 5-10 business days.

3.4 Cancellation

You may cancel your subscription at any time through your device's subscription settings. Upon cancellation:

  • You will retain access until the end of your current billing period
  • You will not be charged for subsequent periods
  • Your account reverts to Free Tier status
  • Your existing videos remain accessible
  • You cannot upload new videos unless you resubscribe or use Free Challenges

3.5 Failed Payments

If your payment method fails:

  • We will attempt to charge your payment method multiple times
  • Your subscription may be suspended after 7 days
  • Your account reverts to Free Tier until payment is resolved
  • Your videos remain accessible but you cannot upload new content

4. User Content & Intellectual Property

4.1 Your Content Ownership

You retain all ownership rights to videos and content you upload to Smoshy ("User Content"). We do not claim ownership of your User Content.

4.2 License You Grant to Smoshy

By uploading User Content, you grant Smoshy a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

  • Host, store, and display your User Content
  • Transcode, process, and optimize your videos for different devices and quality levels
  • Distribute your User Content to other Smoshy users
  • Create compilations (e.g., your 100-day video compilation)
  • Use your User Content in marketing materials, promotional content, and on our website
  • Allow other users to view, comment on, and interact with your User Content

This license continues even if you stop using Smoshy, but ends when you delete your User Content or account (subject to technical deletion timelines).

4.3 Public Visibility

All challenges and videos on Smoshy are PUBLIC by default. This means:

  • Anyone can view your videos without an account
  • Your videos may appear in search results within the app
  • Your videos may appear in the explore feed
  • Your challenge progress is visible to all users

There is currently no private or followers-only option. By uploading content, you acknowledge and accept that your content will be publicly visible.

4.4 Representations & Warranties

By uploading User Content, you represent and warrant that:

  • You own or have the necessary rights to all User Content you upload
  • Your User Content does not infringe any third-party intellectual property rights
  • Your User Content complies with these Terms and all applicable laws
  • You have obtained all necessary consents, releases, and permissions for any people appearing in your videos

4.5 Smoshy's Intellectual Property

The Smoshy app, website, logo, design, features, and functionality are owned by Smoshy and protected by copyright, trademark, and other intellectual property laws. You may not:

  • Copy, modify, or create derivative works of our Service
  • Reverse engineer or decompile the app
  • Remove or alter any proprietary notices
  • Use our trademarks without written permission

5. Prohibited Content & Conduct

5.1 Prohibited Content

You may not upload, post, or share content that:

Illegal Content:

  • Violates any local, state, national, or international law
  • Promotes or facilitates illegal activities
  • Contains child sexual abuse material (CSAM) or exploits minors

Harmful Content:

  • Promotes violence, terrorism, or dangerous organizations
  • Promotes self-harm, suicide, or eating disorders
  • Contains graphic violence or gore
  • Depicts animal cruelty or abuse

Hateful Content:

  • Promotes hatred, discrimination, or violence against individuals or groups based on race, ethnicity, national origin, religion, disability, disease, age, sexual orientation, gender, or gender identity
  • Contains slurs or derogatory language targeting protected groups

Sexual Content:

  • Contains nudity or sexually explicit content
  • Contains sexually suggestive content involving minors
  • Promotes sexual services or prostitution

Deceptive Content:

  • Is false, misleading, or fraudulent
  • Impersonates another person or entity
  • Contains false information about products, services, or health claims

Harassment:

  • Bullies, harasses, or intimidates others
  • Shares private information without consent (doxxing)
  • Contains threats or encourages violence against individuals

Spam & Scams:

  • Is spam, including repetitive content or mass-produced videos
  • Promotes pyramid schemes, multi-level marketing, or get-rich-quick schemes
  • Attempts to phish or scam users

Intellectual Property Violations:

  • Infringes copyright, trademark, or other intellectual property rights
  • Uses others' content without permission

5.2 Challenge Content Guidelines

Smoshy is for documenting personal challenges and progress.

Allowed:

  • Workout videos and exercise demonstrations
  • Meals and nutrition tracking
  • Progress photos and body transformations (clothed)
  • Daily challenge updates

Not Allowed:

  • Nudity or sexually suggestive content
  • Dangerous activities without safety warnings
  • Medical advice or diagnoses
  • Promoting eating disorders or self-harm

Rule of thumb: If it wouldn't be appropriate at a public gym or fitness class, it's not appropriate on Smoshy.

5.3 Prohibited Conduct

You may not:

  • Use the Service to harm, threaten, or harass others
  • Create fake accounts or impersonate others
  • Manipulate engagement (buying followers, likes, views)
  • Scrape, harvest, or collect user data without permission
  • Use bots, scripts, or automation tools
  • Attempt to hack, access, or disrupt the Service
  • Interfere with other users' enjoyment of the Service
  • Circumvent any technical limitations or access controls
  • Share your account credentials with others

5.4 Consequences of Violations

Violations of these Terms may result in:

  1. Warning: First-time minor violations receive a warning
  2. Content Removal: We may remove violating content
  3. Temporary Suspension: Your account may be suspended for 7-30 days
  4. Permanent Ban: Serious or repeated violations result in permanent account termination
  5. No Refunds: Violations that result in termination forfeit any remaining subscription period

We reserve the right to terminate accounts without warning for severe violations (illegal content, CSAM, violence, etc.).

6. Content Moderation

6.1 Moderation Methods

We use a combination of:

  • Automated Moderation: AI systems scan for prohibited content
  • Human Review: Our team reviews flagged content and user reports
  • Community Reporting: Users can report violating content

6.2 Reporting Content

To report content that violates these Terms:

  • Tap the "Report" button on any video or comment
  • Select the violation category
  • Provide additional context if needed
  • We will review reports within 24-48 hours

False or malicious reports may result in account penalties.

6.3 Appeals

If your content is removed or your account is suspended, you may appeal by emailing appeals@smoshy.app with:

  • Your username
  • The content or account in question
  • Explanation of why the decision was incorrect

We will respond within 7 days.

7. Privacy & Data

Your privacy is important to us. Our Privacy Policy (available at smoshy.app/privacy) explains how we collect, use, and protect your data. By using Smoshy, you also agree to our Privacy Policy.

Key Privacy Points:

  • We collect account information, videos, usage data, and device information
  • We use third-party services (Supabase, Cloudflare, Amplitude) to operate the Service
  • You can download your data or delete your account at any time
  • We comply with GDPR and CCPA privacy regulations

8. DMCA & Copyright

8.1 Copyright Infringement

We respect intellectual property rights. If you believe your copyrighted work has been infringed, send a DMCA notice to:

Email: dmca@smoshy.app

Include:

  • Description of the copyrighted work
  • URL of the infringing content on Smoshy
  • Your contact information
  • Statement of good faith belief
  • Statement that information is accurate under penalty of perjury
  • Physical or electronic signature

8.2 Counter-Notification

If your content was removed due to a DMCA claim and you believe it was wrongful, you may file a counter-notification to dmca@smoshy.app.

8.3 Repeat Infringer Policy

We will terminate accounts of repeat copyright infringers.

9. Disclaimers & Limitations of Liability

9.1 Health & Fitness Disclaimers

IMPORTANT: SMOSHY IS NOT MEDICAL ADVICE.

  • Smoshy is an accountability and progress tracking tool, not a fitness or health program
  • We do not provide medical, fitness, nutritional, or health advice
  • Consult a physician before starting any exercise or diet program
  • You use challenges and fitness content at your own risk
  • We are not liable for any injuries, health issues, or damages resulting from your use of challenges or content on Smoshy
  • User Content (including fitness advice) is not verified or endorsed by Smoshy

9.2 Service "AS IS"

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of uninterrupted or error-free service
  • Warranties that content is accurate, complete, or reliable

9.3 No Liability for User Content

We are not responsible for User Content. You interact with other users and their content at your own risk.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Smoshy, its officers, directors, employees, and agents will not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or goodwill
  • Service interruptions or errors
  • User Content or conduct of other users
  • Unauthorized access to your account or data

Our total liability to you for all claims will not exceed the greater of:

  • $100 USD, or
  • The amount you paid us in the 12 months before the claim

9.5 Indemnification

You agree to indemnify and hold harmless Smoshy from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your User Content
  • Your use of the Service
  • Your violation of any third-party rights

10. Account Termination & Data Deletion

10.1 Termination by You

You may delete your account at any time through the app settings. Upon deletion:

  • Your account will be immediately deactivated
  • Your videos and data will be scheduled for permanent deletion
  • You have a 30-day grace period to recover your account by contacting support
  • After 30 days, all data is permanently deleted and cannot be recovered

10.2 Termination by Smoshy

We may suspend or terminate your account if:

  • You violate these Terms
  • We suspect fraudulent or illegal activity
  • Required by law or legal process
  • We discontinue the Service (with 30 days notice)

Upon termination for violations:

  • You lose access immediately
  • No refunds are provided
  • We may retain certain data as required by law

10.3 Data Retention After Termination

After account deletion:

  • Videos are removed from public view immediately
  • Data is retained for 30 days for potential account recovery
  • After 30 days, all User Content is permanently deleted from our systems
  • Some data may be retained longer as required by law, for fraud prevention, or in backups (deleted within 90 days)

11. Changes to Terms

We may modify these Terms at any time. When we do:

  • We will update the "Last Updated" date at the top
  • For material changes, we will notify you via email or in-app notification
  • You will have 30 days to review changes
  • Continued use of the Service after changes constitutes acceptance
  • If you don't agree to changes, you must stop using the Service and may delete your account

12. Dispute Resolution

12.1 Informal Resolution

Before filing a legal claim, you agree to contact us at legal@smoshy.app and attempt to resolve the dispute informally for at least 30 days.

12.2 Governing Law

These Terms are governed by the laws of [YOUR STATE/COUNTRY], without regard to conflict of law principles.

12.3 Arbitration Agreement

YOU AND SMOSHY AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION, NOT COURT.

Exceptions (may go to court):

  • Small claims court cases (under $10,000)
  • Intellectual property disputes
  • Injunctive relief requests

Arbitration rules:

  • Conducted by the American Arbitration Association (AAA)
  • One arbitrator
  • Location: [YOUR JURISDICTION]
  • Each party pays their own costs

12.4 Class Action Waiver

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. All disputes must be brought individually, not as a class, collective, or representative action.

12.5 Jurisdiction

For disputes not subject to arbitration, you agree to the exclusive jurisdiction of courts in [YOUR JURISDICTION].

13. General Provisions

13.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Smoshy.

13.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.

13.3 Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

13.4 Assignment

You may not assign these Terms. We may assign our rights to any affiliate or successor.

13.5 No Partnership

These Terms do not create a partnership, joint venture, or agency relationship.

13.6 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (natural disasters, wars, pandemics, internet outages, etc.).

13.7 Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for third-party content, policies, or practices.

13.8 Export Compliance

You agree to comply with all export and import laws when using the Service.

14. Contact Us

Questions about these Terms? Contact us:

Email: legal@smoshy.app

Support: support@smoshy.app

DMCA: dmca@smoshy.app

Appeals: appeals@smoshy.app

Smoshy, Inc

By using Smoshy, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.