Terms of Use

Welcome to SmartyMe! These Terms of Use (the “Terms”) govern your access to and use of our Service.

By clicking “Start Now” or otherwise continuing through any screen, button, or feature that references these Terms, you confirm that you have read and agree to them.

If you do not agree to these Terms, please discontinue your use of SmartyMe.

Any questions? Contact us at: support@smartymeapp.com.

Important Notice Regarding Automatic Renewal

SmartyMe includes subscriptions that automatically renew. Please read these Terms carefully (in particular, Section 4) before starting a trial or completing a purchase.

To avoid being charged, you must cancel your subscription at least 24 hours before the end of your trial or current subscription period. By purchasing an automatically renewing subscription, you acknowledge and agree to its recurring nature, as explained near the point of purchase. If you do not cancel in time, your subscription will automatically renew, and the applicable charges will be applied.

Deleting the app does not cancel your subscription or trial.

Binding Arbitration & Dispute Resolution

These Terms contain a binding arbitration agreement. By accepting these Terms, you agree that most disputes related to your use of SmartyMe will be resolved through individual arbitration rather than in court or through a class action. Arbitration does not involve a judge or jury, and appeal rights are more limited than in court proceedings. Arbitration is mandatory except in the limited circumstances described in Section 10. You may opt out of the arbitration agreement, including the class action waiver, within 30 days of accepting these Terms.

28-Day Money-Back Guarantee

We want you to feel confident about your subscription. If SmartyMe isn't the right fit for you - whether you're not seeing the results you hoped for or it simply isn't what you were looking for - you can request a full refund of payments made within 28 (twenty-eight) calendar days of your purchase time. To request your refund, just contact our support team at support@smartymeapp.com within the 28-day period. The purchase time is the time your trial payment or, if no trial applies, your first subscription payment is validated by our servers and charged to your payment method.

Table of Contents:

1. OUR SERVICE

2. IMPORTANT DISCLAIMERS

3. ACCOUNT REGISTRATION

4. PURCHASES & CANCELLATIONS & REFUNDS

4.2. WEB PURCHASE

4.3. IN-APP PURCHASE

5. UNAUTHORIZED USE

6. LIMITATION OF LIABILITY

7. INDEMNIFICATION

8. OUR RIGHT TO SUSPEND YOUR ACCESS

9. APPLICABLE LAW

10. DISPUTE RESOLUTION

11. MISCELLANEOUS PROVISIONS

1. OUR SERVICE

1.1. SMARTYME is a microlearning, subscription-based service accessible via the website https://smartymeapp.com (the “Website”) and via the related mobile application distributed on the Apple and Google App Stores (the “App”), including all related services, software, designs, graphics, photos, images, illustrations, animations, videos, scripts, texts, music, sounds, voiceover, interactive features and all other content (the “Content”), collectively referred to as the “Service” or “SmartyMe”.

The Service is designed by APEXTECH LIMITED, with registered address located at: Kinyra, 1 KINYRAS TOWER, 3rd floor, Flat/Office 301 Agios Andreas, 1102, Nicosia, Cyprus, and registration number: ΗΕ 458702 (the “Company”, along with “we”, “us”, “our”, and “ourselves”). For consistency, “user”, “consumer”, along with "you" and “your”, refers to any person who agrees to be bound by these Terms, as described herein.

The Service may also be distributed to you by our authorized merchants of record or agents:

In case the Service is distributed to you by any of our authorized merchants of record, resellers, distributors or agents mentioned above, then for the purposes of these Terms the term "Company" shall include any of such authorized merchants of record or agents (as applicable), and the reference to the Company (along with “we”, “us”, “our”, and “ourselves”) shall be construed also as a reference to such authorized merchant of record or agent that you purchased the Service from.

1.2. Your use of the Service is limited to your personal, non-commercial use only. We grant you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right to access and use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service, except where permitted by applicable law.

1.3. SmartyMe is not intended for individuals under the age of 18. If you do not meet this requirement, please do not use our Service.

2. IMPORTANT DISCLAIMERS

2.1. YOU ARE RESPONSIBLE FOR PROVIDING ACCURATE INFORMATION 

TO CREATE YOUR PLAN, WE MAY ASK YOU TO SUPPLY CERTAIN RELEVANT INFORMATION (E.G., WHY YOU WANT TO STUDY CERTAIN TOPIC, WHEN IT IS CONVENIENT FOR YOU TO STUDY, WHETHER YOU HAVE STUDIED THIS TOPIC BEFORE, HOW YOU BEST ABSORB NEW INFORMATION, ETC). THIS QUIZ IS REFERRED TO AS THE "ONBOARDING PROCESS" IN THESE TERMS. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL INFORMATION PROVIDED BY YOU DURING THE ONBOARDING PROCESS IS TRUE AND ACCURATE. IN THE EVENT YOU PROVIDE US WITH INACCURATE OR INCOMPLETE DATA DURING THE ONBOARDING PROCESS, WE ARE NOT RESPONSIBLE FOR ANY POTENTIAL MISMATCH OF THE CONTENT PROVIDED , IN PARTICULAR, THE SUITABILITY OF THE PLAN CREATED FOR YOU.

2.2. RESULTS VARY BY INDIVIDUAL

WE DO NOT GUARANTEE ANY SPECIFIC LEARNING OUTCOMES, ACADEMIC PERFORMANCE, SKILL DEVELOPMENT, PROFESSIONAL ADVANCEMENT, INCOME INCREASE OR MASTERY OF ANY SUBJECT OR ANY OTHER MEASURABLE RESULTS. INDIVIDUAL RESULTS MAY VARY SIGNIFICANTLY AND DEPEND ON MANY FACTORS, INCLUDING PRIOR KNOWLEDGE, LEARNING HABITS, TIME INVESTED, CONSISTENCY OF ENGAGEMENT, INDIVIDUAL ABILITIES, PERSONAL GOALS, AND THE PRACTICAL APPLICATION OF THE INFORMATION PROVIDED THROUGH THE SERVICE.

2.3. NO PROFESSIONAL ADVICE

THE CONTENT AVAILABLE THROUGH THE SERVICE IS PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IT IS NOT PROFESSIONAL, ACADEMIC, FINANCIAL, CAREER, LEGAL, MEDICAL, OR OTHER SPECIALIZED ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH.

2.4. CERTIFICATES ARE NOT ACADEMIC QUALIFICATIONS

ANY CERTIFICATE ISSUED UPON COMPLETION OF COURSES WITHIN THE SERVICE IS PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. SUCH CERTIFICATES CONFIRM COURSE COMPLETION AND DO NOT CONSTITUTE AN ACCREDITED ACADEMIC DEGREE, PROFESSIONAL LICENSE, OR FORMAL QUALIFICATION, UNLESS EXPLICITLY STATED OTHERWISE. THE ISSUANCE OF A CERTIFICATE DOES NOT GUARANTEE PROFESSIONAL COMPETENCY, EMPLOYMENT, OR CAREER ADVANCEMENT.

2.5. USE AT YOUR SOLE RISK, ON AN "AS IS" BASIS

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. In particular, the Released Parties make no, and expressly disclaim any, warranty that: (a) the Service will meet your requirements; (b) any Service Content or other information or other material purchased or obtained by you through the Service will meet your expectations or be complete or accurate; (c) the Service will be uninterrupted, timely, secure, or error-free, and/or (d) any errors in the Service will be corrected. We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, including interruption of the Service for any technical reason, or typographical errors in any Service Content.​ Any Service Content obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material. THE SERVICE MAY NOT BE AVAILABLE IN ALL LANGUAGES OR IN ALL COUNTRIES, AND WE MAKE NO REPRESENTATION THAT THE FUNCTIONALITY OF THE SERVICE WILL BE APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION.

2.6. EDUCATIONAL CONTENT; ASSUMPTION OF RISK AND LIMITATION OF LIABILITY

THE CONTENT MADE AVAILABLE THROUGH SMARTYME — INCLUDING LESSONS, ARTICLES, VIDEOS, DEMONSTRATIONS, AND OTHER MATERIALS COVERING SUBJECTS SUCH AS ELECTRICITY, PLUMBING, ENGINEERING, CONSTRUCTION, HOME IMPROVEMENT, ANATOMY AND SIMILAR PRACTICAL TOPICS — IS PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IT IS NOT PROFESSIONAL ADVICE AND IS NOT A SUBSTITUTE FOR INSTRUCTION, INSPECTION, OR SERVICES PROVIDED BY A LICENSED OR QUALIFIED PROFESSIONAL (SUCH AS A LICENSED ELECTRICIAN, PLUMBER, ENGINEER, OR CONTRACTOR). YOU SHOULD NOT RELY ON SMARTYME CONTENT TO PERFORM ANY ACTIVITY THAT MAY BE POTENTIALLY HAZARDOUS OR THAT IS REGULATED OR REQUIRES A PERMIT, LICENSE, OR PROFESSIONAL QUALIFICATION IN YOUR JURISDICTION. ANY ACTIVITY YOU CHOOSE TO UNDERTAKE BASED ON SMARTYME CONTENT IS DONE ENTIRELY AT YOUR OWN RISK AND DISCRETION, AND YOU ARE SOLELY RESPONSIBLE FOR ASSESSING WHETHER IT IS SAFE, LAWFUL, AND APPROPRIATE FOR YOUR CIRCUMSTANCES, AND FOR COMPLYING WITH ALL APPLICABLE LAWS, CODES, AND SAFETY REGULATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND CONTENT PROVIDERS DISCLAIM ALL LIABILITY FOR ANY LOSS, INJURY, DAMAGE, OR HARM OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, SMARTYME CONTENT, AND YOU AGREE TO ASSUME ALL SUCH RISK. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR ANY OTHER LIABILITY THAT MAY NOT LAWFULLY BE EXCLUDED.

2.7. YOU SHOULD HAVE RIGHTS TO CONTENT YOU SUBMIT

BY SUBMITTING ANY USER-GENERATED CONTENT TO THE SERVICE (E.G., DATA, PHOTOS, TEXT MESSAGES, AND OTHER INFORMATION), YOU CONFIRM THAT YOU OWN, OR OTHERWISE HAVE ALL NECESSARY RIGHTS, PERMISSIONS, AND AUTHORITY TO SUBMIT SUCH CONTENT. YOU GRANT US A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, SUBLICENSABLE, AND TRANSFERABLE LICENSE TO USE, STORE, REPRODUCE, DISTRIBUTE, AND OTHERWISE PROCESS SUCH CONTENT.

YOU AGREE NOT TO POST, UPLOAD, OR OTHERWISE SUBMIT ANY USER-GENERATED CONTENT THAT VIOLATES THESE TERMS, INFRINGES THE RIGHTS OF ANY THIRD PARTY, OR IS ABUSIVE, SEXUAL, HATEFUL, VIOLENT, OR OTHERWISE INAPPROPRIATE, RESTRICTED, ILLEGAL OR OTHERWISE CONTRARY TO APPLICABLE LAW. WE RESERVE THE RIGHT TO REMOVE CONTENT, RESTRICT ACCESS, OR TERMINATE USER ACCOUNTS IN CASE OF VIOLATIONS, WITHOUT REFUND WHERE APPLICABLE.

2.8. OUR RIGHTS TO USE YOUR FEEDBACK

YOU MAY, AT YOUR SOLE DISCRETION, PROVIDE YOUR INPUT IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, COMMENTS OR SUGGESTIONS REGARDING GENERAL USER EXPERIENCE, MODIFICATION, CORRECTION, IMPROVEMENT, OR ENHANCEMENT OF THE SERVICE (COLLECTIVELY, “FEEDBACK”). BY PROVIDING ANY FEEDBACK, YOU GRANT US A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, SUBLICENSABLE, AND TRANSFERABLE LICENSE TO USE, STORE, REPRODUCE, PUBLICLY DISPLAY, DISTRIBUTE,  AND OTHERWISE PROCESS SUCH FEEDBACK, WITHOUT RESTRICTIONS.

2.9. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES

THE SERVICE MAY CONTAIN LINKS TO THIRD PARTIES AND/OR THIRD-PARTY WEBSITES. WE DISCLAIM ANY RESPONSIBILITY FOR THE PRODUCTS, SERVICES, OR CONTENT OFFERED BY ANY THIRD PARTY (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK USERS TO SUCH THIRD PARTIES AND/OR THEIR WEBSITES OR RECEIVE ANY COMPENSATION FOR SUCH LINKING OR PROMOTION). You expressly agree that you need to take appropriate steps to determine whether accessing the third-party websites and relying on the third-party content is appropriate and safe, including protecting your personal information and privacy. To be aware of the terms under which the third-party services are provided to you, please refer to the relevant policies and/or user agreements of those third parties.

2.10. RESERVATION OF RIGHTS

THE SERVICE INCLUDING ANY SOFTWARE, DESIGNS, GRAPHICS, PHOTOS, VIDEOS, SCRIPTS, TEXTS, MUSIC, SOUNDS, AND VOICEOVER, IS OUR INTELLECTUAL PROPERTY, PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS GLOBALLY. ALL TRADEMARKS, SERVICE MARKS, GRAPHICS, AND LOGOS USED IN CONNECTION WITH THE SERVICE ARE TRADEMARKS OR REGISTERED TRADEMARKS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THESE TERMS DO NOT GRANT YOU ANY RIGHT, TITLE, OR INTEREST IN THE SERVICE OR IN ANY TRADEMARKS, WHETHER REGISTERED OR NOT. ALL INTELLECTUAL PROPERTY RIGHTS, TITLE, AND INTEREST IN RELATION TO THE SERVICE WILL (AS BETWEEN THE PARTIES) REMAIN WITH US.

2.11. PERSONALIZATION

WE MAY CUSTOMIZE AND TAILOR THE PLANS WE OFFER TO YOU BASED ON INFORMATION OBTAINED DURING THE ONBOARDING PROCESS. WHILE WE MAKE EVERY EFFORT TO MEET YOUR INDIVIDUAL OBJECTIVES, WE MAKE NO GUARANTEES THAT OUR PERSONALIZED PLANS AND OFFERS ARE BASED ON ALL INFORMATION OBTAINED DURING ONBOARDING AND DESIGNED UNIQUELY. WE STRIVE TO ENSURE THAT OUR PERSONALIZED RECOMMENDATIONS ARE ACCURATE AND HELPFUL. THEY ARE NOT INTENDED TO REPLACE PROFESSIONAL ADVICE AND SHOULD BE USED AT YOUR OWN DISCRETION.

2.12. ENGLISH TEXT OF THE TERMS PREVAILS

THESE TERMS WERE ORIGINALLY WRITTEN IN THE ENGLISH LANGUAGE. IF AN INTERPRETATION OF A TRANSLATED VERSION OF THE TERMS CONFLICTS WITH THE ENGLISH VERSION MEANING, THE ENGLISH VERSION SHALL PREVAIL.

3. ACCOUNT REGISTRATION

3.1. In order to use the Service, you need to register your user account. During the registration, you agree to include true and accurate information, and not to misrepresent your identity by registering an account in the name of another person.

3.2. You should keep your user account information accurate and up-to-date (particularly your email address - if you ever forget your password, a working email address is often the only way for us to verify your identity and help you log back in).

3.3. You acknowledge that you are solely responsible for maintaining the confidentiality of your user account information, as well as for all activities that occur under your user account. We endeavor to use reasonable security measures to protect against unauthorized access to your user account. We cannot, however, guarantee the absolute security of your user account and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Service. You agree to immediately notify the Company of any unauthorized use of your user account or any other breach of security.

4. PURCHASES & CANCELLATIONS & REFUNDS

4.1. Our Service may be purchased via the following means: (a) directly on the Website (the “Web Purchase”) or (b) via the Apple or Google App Stores (the “In-App Purchase”). All applicable fees will be provided to you on the payment screen before you authorize any payment within the Service. Some limited part of the Service may be made available to you free of charge.

4.2. WEB PURCHASE

  1. Overview

Once you have completed the onboarding process on the Website, you will be given the option to purchase a SmartyMe subscription with an indication of subscription fees, subscription terms, and periodicity (e.g., 1-week, 4-weeks, 12-weeks, 1-month, 3-months, 6-months, 1-year, etc.), and available payment methods (e.g., Mastercard or Visa Bank Card, PayPal, Apple Pay, Google Pay, etc). In order to make the Web Purchase, you need to choose the respective purchase option and authorize a corresponding payment on the payment screen.

Please note that to process the payment we use third-party services (payment processors), whom you authorize to charge the applicable fees from you according to the payment method you have chosen. Such services enable the transaction initiated by you and notify us of its completion. Your bank card information will be encrypted at the point of transaction.

We will send you direct instructions on how to access the purchased Service promptly after your transaction is successfully validated by our servers, using your email address indicated during the onboarding process.

  1. Auto-Renewal & Cancellation

Your subscription renews automatically at the end of your chosen subscription period until you cancel it. To avoid being charged, you must cancel your subscription at least 24 hours before the end of your current subscription period.

You may also be offered trial access to SmartyMe (granting you paid or free access to the Service or a part of it for a specified period, as described on the payment screen). Once your trial access ends and unless you cancel it, you will be automatically charged for the subscription plan selected when signing up for the trial offer. To avoid being charged, you must cancel your trial access at least 24 hours before its end. 

HOW TO CANCEL YOUR WEB SUBSCRIPTION:

NOTE THAT DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS OR TRIALS.

  1. Add-on items

In addition to the purchased main subscription, the Website may offer you add-on items for an additional fee. These can be either one-time purchases (e.g. a PDF guide with visual insights from top productivity books, or other features available through the Service) or an additional auto-renewable subscription to extra content.

This purchase is optional: your main subscription is not conditional on it and renews regardless of the status of the add-ons.

In case you purchased an additional auto-renewable subscription, cancelling of the main subscription also cancels the recurring payments for the additional subscription. Cancelling only the additional subscription will not affect your main subscription.

Upon termination or expiration of your main subscription, you will also lose access to all add-on items available through the Service.

  1. Refunds

You agree that you have been provided with comprehensive information about your Web Purchase (including subscription fees, subscription terms, periodicity, and auto-renewal) before authorizing it, and by authorizing your Web Purchase you signal to us that you have understood its conditions and agree to them. Except as set out below or as required by applicable law, your Web Purchase is final and non-refundable. 

28-Day Money-Back Guarantee:

We want you to feel confident about your subscription. If SmartyMe isn't the right fit for you - whether you're not seeing the results you hoped for or it simply isn't what you were looking for - you can request a full refund of payments made within 28 (twenty-eight) calendar days of your purchase time. To request your refund, just contact our support team at support@smartymeapp.com within the 28-day period. The purchase time is the time your trial payment or, if no trial applies, your first subscription payment is validated by our servers and charged to your payment method.

All refunds will be calculated according to the actual Web Purchase price paid at the time of Web Purchase. Please note that returns for credit and debit card transactions are issued within 2 (two) business days, however it may take up to 10 (ten) business days for the credit to arrive at your credit card or bank account.

4.3. IN-APP PURCHASE

  1. Overview

The App is free to download. Once you have completed the onboarding process within the App, you will be given the option to purchase a SmartyMe subscription with an indication of subscription fees, subscription terms, and periodicity (e.g., 1-week, 4-weeks, 12-weeks, 1-month, 3-months, 6-months, 1-year, etc). In order to make the In-App Purchase, you need to choose the respective purchase option and authorize a corresponding payment on the payment screen.

Your payment will be processed by the Apple or Google App Stores, and you authorize them to charge the applicable fees from you according to the payment method that you submitted to them. You will be granted access to the Service promptly after your transaction’s success is properly validated by the Apple or Google App Stores.

  1. Auto-Renewal & Cancellation

Your subscription renews automatically at the end of your chosen subscription period until you cancel it. To avoid being charged, you must cancel your subscription at least 24 hours before the end of your current subscription period.

You may also be offered trial access to SmartyMe (granting you paid or free access to the Service or a part of it for a specified period, as described on the payment screen). Once your trial access ends and unless you cancel it, you will be automatically charged for the subscription plan selected when signing up for the trial offer. To avoid being charged, you must cancel your trial access at least 24 hours before its end. 

HOW TO CANCEL YOU APP SUBSCRIPTION:

NOTE THAT DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS OR TRIALS.

  1. Add-on items

In addition to the main subscription, the App may offer you add-on items for an additional fee. These can be either one-time purchase (e.g. a PDF guide with visual insights from top productivity books, or other features available through the Service) or an additional auto-renewable subscription to extra content.

This purchase is optional: your main subscription is not conditional on it and renews regardless of the status of the add-ons.

In case you purchased an additional auto-renewable subscription, cancelling of the main subscription also cancels the recurring payments for the additional subscription. Cancelling only the additional subscription will not affect your main subscription.

Upon termination or expiration of your main subscription, you will also lose access to all add-on items available through the Service.

  1. Refunds

You agree that we cannot refund you any In-App Purchase, since these transactions are processed by the Apple or Google App Stores. However, you may ask for a refund according to these stores’ refund policies: Request a refund on Apple App Store or Request a refund on Google Play Market.

4.4. FEE CHANGES

To the extent permitted by applicable law, we may change subscription fees at any time (which changes will become effective upon your next renewal). We will give you a reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification. If you do not agree to the price change, you must cancel the applicable subscription prior to the change going into effect.

4.5. FREE ACCESS TO FEATURES

Users may have access to certain SmartyMe features for free. However, these free features may be withdrawn without further notice.

5. UNAUTHORIZED USE

5.1. As a user of the Service, you agree not to use the Service:

5.2. As a user of the Service, you also agree not to:

5.3. Many countries periodically impose restrictions on dealings with certain territories, regimes, or persons that pose a threat to international peace and security or are otherwise targeted. By using the Service, you confirm that you are neither a resident of, nor located at, any territory currently embargoed by the United Nations, the European Union, the United Kingdom, or the United States, and that you are not otherwise restricted from using the Service. You also agree that you will not use the Service for any purposes prohibited by applicable law. In particular, but without limitation, you may not export, or permit the export of, the Service to any of the embargoed territories, and to anyone otherwise restricted from using the Service. You understand and agree that we may modify, limit, or disable your access to the Service at any time to comply with applicable law. In particular, but without limitation, you agree that the Service available to you in your home country may not be available to you when traveling outside of your home country, and the Service may also cease to be available in your home country, as a result of the above.

6. LIMITATION OF LIABILITY

6.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SMARTYME NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), SERVICE / PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMARTYME OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

6.2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL SMARTYME’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SMARTYME FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SMARTYME AS APPLICABLE.

6.3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMARTYME AND YOU.

7. INDEMNIFICATION

7.1. You hereby agree to indemnify and hold SmartyMe, any of its officers, directors, employees and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of SmartyMe or (b) your violation of these Terms.

8. OUR RIGHT TO SUSPEND YOUR ACCESS

8.1. Termination without prior notice:

We may cancel your subscription or trial access to the Service (as well as terminate your user account) immediately under any of the following circumstances:

  1. you violated these Terms and/or our Privacy Policy;
  2. you violated applicable law;
  3. you provided us with any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case;
  4. you do not pay the fees or charges due to us in connection with the Service;
  5. we received a request from your bank, law enforcement or other governmental agencies to terminate your user account; and/or
  6. we are required to terminate your user account in order to comply with applicable law.

You shall not be eligible for any refund options in this case.

8.2. Termination upon prior notice:

We may decide to stop supporting or offering the Service, or to terminate or refuse to renew your subscription. We may do this at any time and at our own discretion, by notifying you accordingly (by email or through the Service). In such case, we will either allow you to continue accessing the Service until the end of your then-current paid subscription period or trial (at which point these Terms will automatically terminate on such date), or will refund you the pro rata portion of the prepaid amounts corresponding to the remaining period of your then-current paid subscription (in which case these Terms will terminate upon the date of such refund). Once these Terms are terminated, we may terminate your user account as well.

9. APPLICABLE LAW

9.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of the Republic of Cyprus, without regard to Cyprus's choice or conflicts of law principles. In addition, if you reside in the United States or the European Union, or the United Kingdom, the law of your place of residence may also be applicable where such law contains mandatory consumer law provisions.

10. DISPUTE RESOLUTION

10.1. We are always interested in resolving disputes amicably and efficiently. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us on support@smartymeapp.com and provide a brief, written description of the dispute. We will use our best efforts to settle any dispute, question, or disagreement directly through negotiations.

10.2. ARBITRATION AGREEMENT

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY, SINCE IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  1. Applicability of the Arbitration Agreement

You and the Company agree that any dispute, claim, or controversy between you and the Company arising in connection with or relating in any way to these Terms or to your relationship with the Company as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. YOU AND THE COMPANY THUS GIVE UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT OR FOR PROTECTION OF THE COMPANY’S INTELLECTUAL PROPERTY RIGHTS OR WHEN YOU USED YOUR 30-DAY RIGHT TO OPT-OUT OF THE ARBITRATION AGREEMENT, AS SET FORTH BELOW). This Arbitration Agreement shall survive termination of these Terms.

  1. Exception - Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

  1. Exception - Protection of the Company’s Intellectual Property Rights

The Company retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of its intellectual property rights.

  1. Exception - 30-Day Right to Opt-Out Used

You have the right to opt-out and not be bound by this Arbitration Agreement (including class action waiver provisions) by sending written notice of your decision to opt-out to our email support@smartymeapp.com or registered address, within 30 days of accepting these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms.

  1. Arbitration Procedure

Overview. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. The arbitrator is bound by the terms of this Arbitration Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.

Rules. Any arbitration between you and the Company will take place under the Consumer Arbitration Rules of the American Arbitration Association ("AAA") in force at the time of initiating the arbitration ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at www.adr.org, or you may call the AAA at 1-800-778-7879.

Commencing an Arbitration. Either you or we may start arbitration proceedings. If you elect to seek arbitration, you must first send to the Company a written Notice of your claim (“Notice”). The Notice to the Company should be sent by electronic or certified mail (Attention: Legal Counsel) to our email support@smartymeapp.com or registered address. If the Company initiates arbitration, it will send a written Notice to the email address used for your account or to your other available contact means. A Notice, whether sent by you or by the Company must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. Your claim may be filed either (a) by mail to the mailing address of the AAA’s Case Filing Services, which may be subject to change from time to time; or (b) online using the online form available at www.adr.org; or (c) at any of the AAA’s offices. Once your claim is filed, the relevant feedback and instructions from the AAA will follow in due course.

Fees. If you choose to file an arbitration proceeding and you are required to pay a filing fee, the Company will reimburse you for that filing fee, unless your claim is for greater than the US $10,000 or the arbitrator determines your claim is filed for purposes of harassment or is patently frivolous, in which event you will be responsible for filing fees. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Notwithstanding the above, the parties shall be responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

Documents-only procedure, videoconference. Where no disclosed claims or counterclaims exceed the US $25,000, the dispute shall be resolved according to the procedures for the resolution of disputes through document submission (the parties submit their arguments and evidence to the arbitrator in writing; the arbitrator then makes an award based only on the documents; no in-person or telephone hearing is held), unless a party asks for a hearing or the arbitrator decides that a hearing is necessary. Other arbitration hearings will be conducted by videoconference to the extent possible, but if the arbitrator determines that a hearing should be conducted in person, the locale for such hearing shall be determined by the arbitrator in accordance with the AAA Rules.

Language. The language of the arbitration shall be English.

Decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Timeline of Arbitration. The award shall be issued promptly by the arbitrator and, unless the parties agree differently or the law indicates a different time frame, no later than 30 calendar days from the date the hearing is closed, or, if the case is a documents-only procedure, 14 calendar days from the date the arbitrator set for his or her receipt of the final statements and proofs.

No class or Representative Proceedings; Class action waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

  1. Confidentiality

All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons on a need to know basis only or as required by applicable law.

  1. Interpretation and Enforcement of the Arbitration Agreement

You and the Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. If this Arbitration Agreement is invalidated in whole or in part, the parties agree that any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement, will be resolved by a competent court, determined according to applicable law, as set forth in the Section “Applicable Law”.

11. MISCELLANEOUS PROVISIONS

11.1. We may make changes to these Terms from time to time by notifying you in advance of such changes by any reasonable means, including by posting the updated Terms within the Service (provided that, for material changes, we will seek to supplement such notice by an in-app pop-up message and/or an email). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes.

11.2. From time to time we may automatically update the Service to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to update the Service for these reasons. If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using the Service.

11.3. If any provision (part of a provision) of these Terms is held by an arbitrator or a court of competent jurisdiction to be illegal, invalid, or unenforceable, then such provision (part of the provision) shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect.

11.4. Any provision of these Terms necessary for their interpretation or enforcement shall survive their termination (expiration).

Last updated: 17 August 2026