Terms of Service for Smoov

1. Acceptance of Terms

By downloading, installing, or using the Smoov mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

Smoov LLP ("Company," "we," "us," or "our") reserves the right to modify these Terms at any time. Changes will be effective upon posting in the App. Continued use constitutes acceptance of modified Terms.

2. Service Description

What Smoov Provides:

• Personalized Recommendations: Algorithm-driven suggestions based on location and preferences
• Real-Time Discovery: Live venue information and spontaneous activity suggestions
• Content Curation: Visual content showcasing local businesses and experiences
• Location Services: Directions and proximity-based recommendations

Service Limitations:

• Venue information accuracy depends on third-party sources
• Real-time data may have delays or inaccuracies
• Service availability may vary by geographic location
• Features may be modified or discontinued without notice

3. User Account and Registration

Account Requirements:

• Must be at least 13 years of age to create an account
• Provide accurate and complete registration information
• Maintain security of your account credentials
• One account per person; no shared accounts

Phone Number Verification:

• Valid phone number required for account security
• SMS verification codes sent for login authentication
• By providing your phone number, you expressly consent to receive SMS messages from Smoov
• Standard message and data rates may apply
• You may opt out of SMS by replying STOP to any message

Account Responsibilities:

• You are responsible for all activities under your account
• Notify us immediately of any unauthorized account access
• Keep your profile information current and accurate

4. SMS Consent and Communication

Express Consent:

By creating an account, you provide express written consent to receive SMS messages from Smoov, including:

• One-time verification codes for account security
• Login authentication messages
• Account-related notifications

SMS Terms:

• Frequency: Message frequency varies based on usage
• Charges: Standard messaging rates apply per your carrier plan
• Opt-Out: Reply STOP to any message to unsubscribe
• Help: Reply HELP for customer support information
• Carriers: Service available on major US carriers

SMS Security:

• Never share verification codes with others
• Codes expire within 5 minutes for security
• Report suspicious messages immediately to info@smoovit.live

5. User Conduct and Prohibited Activities

Acceptable Use:

• Use the App for its intended purpose of venue discovery
• Respect intellectual property rights of others
• Provide honest reviews and ratings when applicable
• Follow all applicable laws and regulations

Prohibited Activities:

• Reverse engineer, decompile, or attempt to extract source code
• Use automated systems (bots, scrapers) to access the App
• Upload malicious content or attempt to harm the service
• Impersonate others or create fake accounts
• Violate any applicable laws or regulations
• Interfere with or disrupt the App's functionality
• Use the App for commercial purposes without authorization

6. Content and Intellectual Property

User-Generated Content:

• You retain ownership of content you submit (reviews, photos, ratings)
• By submitting content, you grant us a non-exclusive license to use, display, and distribute it within the App
• You represent that you have rights to any content you submit
• We may remove user content that violates these Terms

Third-Party Content:

• App displays publicly available content from social media platforms
• Such content remains the property of original creators
• We provide attribution where possible and honor takedown requests
• Use of third-party content is for informational and discovery purposes

Our Intellectual Property:

• Smoov name, logo, and App design are our intellectual property
• You may not use our branding without express written permission
• The App's algorithm and recommendation system are proprietary

7. Privacy and Data Protection

Data Collection:

• We collect information as described in our Privacy Policy
• Location data is essential for App functionality
• Phone numbers are used solely for account verification
• We do not sell personal information to third parties

Data Use:

• Personal information used to provide and improve services
• Location data enables personalized venue recommendations
• Analytics help us understand user preferences and App performance
• For complete details, see our Privacy Policy

8. Location Services

Location Requirements:

• App requires location access to function properly
• We collect precise location when App is in use
• Location history helps improve recommendation accuracy
• You can disable location services, but App functionality will be limited

Location Accuracy:

• Venue information depends on GPS accuracy and third-party data
• We are not responsible for directions or location inaccuracies
• Always verify venue details independently before visiting

9. Disclaimers and Limitations

Service Availability:

• App provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free service
• Features may be modified or discontinued without notice
• Service may be unavailable during maintenance periods

Venue Information:

• Business hours, prices, and availability information may be outdated
• We are not responsible for venue closures or changes
• Always verify details directly with venues before visiting
• We do not endorse or guarantee quality of recommended venues

Third-Party Services:

• App integrates with mapping, SMS, and other third-party services
• We are not responsible for third-party service failures or changes
• Third-party terms and privacy policies may apply

10. Limitation of Liability

Exclusions:

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

11. Indemnification

You agree to indemnify and hold harmless Smoov LLP, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit to the App

12. Account Termination

Termination by You:

• You may delete your account at any time through App settings
• Account deletion will remove your personal data within 30 days
• Some information may be retained for legal or business purposes

Termination by Us:

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent or harmful activities
• Fail to respond to account security issues
• Use the App in ways that harm our service or other users

Effect of Termination:

• Your right to use the App immediately ceases
• We may delete your account data
• Provisions regarding liability and disputes survive termination

13. Dispute Resolution

Informal Resolution:

Before filing any formal claim, you agree to contact us at info@smoovit.live to attempt informal resolution. We will work in good faith to resolve disputes within 30 days.

Binding Arbitration:

Any disputes not resolved informally will be settled through binding arbitration administered by the American Arbitration Association under their Consumer Arbitration Rules.

Arbitration Terms:

• Arbitration will be conducted in Seattle, Washington
• You may participate by phone or video if you live more than 100 miles away
• Each party bears their own costs unless prohibited by law
• Class action waiver: disputes must be resolved individually

Exceptions to Arbitration:

Either party may seek relief in small claims court for disputes within that court's jurisdiction.

14. Governing Law

These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. Any disputes not subject to arbitration will be resolved in state or federal courts located in Seattle, Washington.

15. Severability and Waiver

• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smoov regarding use of the App. They supersede all prior agreements or understandings.

17. Contact Information

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