Terms and Conditions

Last updated: July 13, 2025

1. Agreement to Our Legal Terms

We are Not Smrt LLC ("Company," "we," "us," "our"), a company registered in New York, United States.

We operate the mobile application Not Smrt (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at [email protected]

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Not Smrt LLC, concerning your access to and use of the Services.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason.

We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services.

If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to your use of the Services.

We recommend that you print a copy of these Legal Terms for your records.

2. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement.

Accordingly, those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA), so if your use is subject to such laws, you may not use the Services.

3. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, functionality, designs, text, images, and trademarks.

These elements are protected by intellectual property laws in the U.S. and internationally.

The Content and Marks are provided "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a revocable, non-transferable license to:

• Access the Services; and
• Download or print portions of the Content for personal, non-commercial use.

You may not reproduce, distribute, or commercially exploit any part of the Services without our prior written consent.

Contact [email protected] to request permission.

Your submissions

If you send us any idea, suggestion, or feedback ("Submission"), you agree that we own it and may use it freely without acknowledgment or compensation.

You must not post unlawful, harmful, or infringing content and you agree to cover any loss we suffer if your submission violates the law or third-party rights.

4. User Representations

By using the Services, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update it as necessary;
3. You have the legal capacity and you agree to comply with these Legal Terms;
4. You are not under the age of 13;
5. You are not a minor in your jurisdiction, or if a minor, you have parental permission to use the Services;
6. You will not access the Services through automated or non-human means (e.g., bots, scripts);
7. You will not use the Services for any illegal or unauthorized purpose;
8. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. Products

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason.

Prices for all products are subject to change.

7. Purchases and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.

These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

8. Subscriptions

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you have any questions or are unsatisfied with our Services, please email us at [email protected].

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

9. Refunds Policy

All sales are final and no refund will be issued.

10. Software

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software.

If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms.

Not Smrt is provided on an ‘as is’ and ‘as available’ basis without any express or implied warranties except as required by law. This means that, to the fullest extent permitted under applicable law, we make no guarantees that the app will be error-free, uninterrupted, or meet your requirements. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent allowed by law.

You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

11. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other disruptive material (including excessive capital letters or spamming).
• Engage in any automated use of the system, such as scripts, data mining, or robots.
• Delete copyright or proprietary rights notices from any Content.
• Attempt to impersonate another user or use another user’s username.
• Upload or transmit passive/active data collection mechanisms (e.g., gifs, pixels, cookies, "spyware").
• Interfere with or burden the Services or their connected networks.
• Harass, annoy, intimidate, or threaten our employees or agents.
• Bypass any measures designed to restrict access to the Services.
• Copy or adapt the Services’ software, including code (e.g., Flash, PHP, HTML, JavaScript).
• Decipher, decompile, disassemble, or reverse engineer any software related to the Services (except as allowed by law).
• Use or launch any unauthorized automated system (e.g., spider, cheat utility, scraper).
• Use a buying or purchasing agent to make purchases on the Services.
• Collect usernames/emails or create accounts by automated means or false pretenses.
• Use the Services to compete with us or for revenue-generating or commercial purposes.
• Sell or transfer your profile.

12. User Generated Contributions

The Services do not currently offer users the ability to submit or post content, but we may provide the opportunity to do so in the future.

Contributions include any text, media, comments, suggestions, personal information, or other material submitted to us or published via the Services.

Contributions may be visible to other users and on third-party websites. Any such content will be handled in accordance with our Privacy Policy.

When you create or submit Contributions, you represent and warrant that:

• Your Contributions do not infringe the intellectual property rights of others.
• You own or have the rights to authorize use of your Contributions.
• You have consent or release from all identifiable individuals featured in your Contributions.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized promotional material (e.g., spam, chain letters).
• Your Contributions are not obscene, offensive, harassing, libelous, or otherwise objectionable.
• Your Contributions do not ridicule, mock, intimidate, or abuse anyone.
• Your Contributions do not promote violence or threaten individuals or groups.
• Your Contributions comply with applicable laws and do not violate the privacy/publicity rights of others.
• Your Contributions do not include unlawful or harmful material related to minors.
• Your Contributions do not contain offensive commentary based on protected classes (e.g., race, gender, disability).
• Your Contributions do not violate any Legal Terms or laws.

Any use of the Services in violation of the above may result in suspension or termination of your access.

13. Contribution License

You and the Services agree that we may access, store, process, and use any information and personal data that you provide, in accordance with our Privacy Policy and your preferences (including settings).

By submitting suggestions or feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.

We do not claim ownership of your Contributions. You retain full ownership of all of your Contributions and any intellectual property or proprietary rights associated with them.

We are not responsible for statements or representations made in your Contributions by you or others.

You are solely responsible for your Contributions and agree to release us from any liability and refrain from any legal action related to your Contributions.

14. Mobile Application License

Use License

If you access the Services via our App, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the App on wireless devices owned or controlled by you. This access is granted only for use in accordance with these Legal Terms.

You may not:

• Decompile, reverse engineer, disassemble, attempt to derive source code, or decrypt the App (except as permitted by law).
• Modify, improve, translate, or create derivative works from the App.
• Violate any laws or regulations while using the App.
• Remove or alter any proprietary notices from the App.
• Use the App for any commercial or revenue-generating endeavor outside of its intended purpose.
• Make the App accessible over a network allowing simultaneous use by multiple devices/users.
• Use the App to create a product or service competitive with the App.
• Send automated queries or unsolicited commercial email via the App.
• Use our proprietary information or interfaces to develop other applications or devices.

Apple and Android Devices

The following terms apply if you obtain the App from the Apple Store or Google Play:

• The license is limited to a non-transferable use on a device using Apple iOS or Android OS per their terms of service.
• We are responsible for maintenance and support of the App; App Distributors have no obligation in this regard.
• If the App fails to conform to a warranty, the App Distributor may refund the purchase price (if any); beyond that, they have no warranty obligations.
• You represent and warrant you are not in a country subject to a U.S. government embargo or on a prohibited party list.
• You must comply with third-party agreements (e.g., your wireless data provider) when using the App.
• App Distributors are third-party beneficiaries of this license and may enforce it against you.

15. Third-Party Websites and Content

The Services may contain links to other websites ("Third-Party Websites") and may include content from third parties ("Third-Party Content").

These Third-Party Websites and Content are not monitored or reviewed by us for accuracy or appropriateness, and we are not responsible for their content or practices.

Links to or usage of Third-Party Websites or Content do not imply our approval or endorsement. You access them at your own risk.

You should review the terms and policies of any Third-Party Website you visit, especially regarding data collection and privacy.

Any purchases made through Third-Party Websites are solely between you and the third party. We are not responsible for such transactions.

You agree that we are not liable for any harm or loss caused by your interactions with Third-Party Content or Third-Party Websites.

16. Services Management

We reserve the right, but not the obligation, to:

• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement authorities;
• Refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
• Remove or disable files and content that are excessive in size or burdensome to our systems, without limitation, notice, or liability;
• Otherwise manage the Services in a way designed to protect our rights and property and to ensure proper functioning.

17. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy.

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please note that the Services are hosted in the United States. If you access them from other regions with different data laws, you agree to transfer and process your data in the U.S.

We do not knowingly collect personal information from or market to children under 13. If we learn that someone under 13 has submitted personal information without verifiable parental consent, we will delete it as soon as reasonably practical in accordance with the U.S. Children’s Online Privacy Protection Act (COPPA).

18. Term and Termination

These Legal Terms remain in effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE MAY, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR NO REASON.

This includes blocking certain IP addresses and terminating your use or account if you breach any part of these Legal Terms or applicable laws.

We may delete your account and any content you submitted without warning.

If your account is terminated or suspended, you may not create a new one under your name, a fake or borrowed name, or any third party’s name — even if you’re acting on their behalf.

We also reserve the right to take legal action including civil, criminal, or injunctive redress.

19. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion, without notice.

However, we have no obligation to update any information on our Services. We may also modify or discontinue all or part of the Services without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will always be available. We may experience hardware, software, or other issues, or need to perform maintenance, which may result in interruptions, delays, or errors.

You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

Nothing in these Legal Terms obligates us to maintain or support the Services, or to provide any corrections, updates, or releases.

20. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and performed entirely within the State, without regard to conflict of law principles.

21. Dispute Resolution

Informal Negotiations

To expedite resolution and reduce costs, you and we agree to attempt informal negotiations for at least 30 days before initiating arbitration of any Dispute.

Informal negotiations begin upon written notice from one Party to the other.

Binding Arbitration

If unresolved, the Dispute will be settled through final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and the AAA Consumer Rules.

Arbitration may occur in person, through document submission, by phone, or online. Arbitrators must follow applicable law and provide written decisions (with reasoning upon request).

Unless otherwise required, arbitration will be held in New York, New York. The Parties may go to court only to compel arbitration, stay proceedings, or enforce an arbitration award.

If a Dispute proceeds in court, it must be filed in the state or federal courts of New York, New York, and you consent to personal jurisdiction and venue there.

You agree not to bring Disputes more than one (1) year after the cause of action arose.

Restrictions

The arbitration shall only include the individual Parties. No class actions, joint arbitrations, or representative actions are permitted.

Exceptions to Arbitration

The following Disputes are not subject to arbitration:

• Claims involving the enforcement or validity of intellectual property rights.
• Disputes related to theft, piracy, invasion of privacy, or unauthorized use.
• Claims for injunctive relief.

If any portion of this provision is deemed illegal or unenforceable, that portion shall be decided by a court in New York, New York.

22. Corrections

The Services may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability.

We reserve the right to correct any such errors and to update or change information at any time without prior notice.

23. Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO GUARANTEES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR ANY THIRD-PARTY CONTENT LINKED TO THE SERVICES.

WE WILL NOT BE RESPONSIBLE FOR:

• Errors or inaccuracies in content;
• Personal injury or property damage from accessing or using the Services;
• Unauthorized access to or use of secure servers and stored information;
• Service interruptions or transmission failures;
• Viruses or malicious code from third parties;
• Loss or damage resulting from use of posted or linked content.

WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY PRODUCTS OR SERVICES LINKED TO THE SERVICES, AND WE ARE NOT RESPONSIBLE FOR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES.

24. Limitations of Liability

IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR DAMAGES, SO THESE MAY NOT APPLY TO YOU.

25. Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, liabilities, damages, or expenses, including attorneys’ fees, arising from:

• Your use of the Services;
• Violation of these Legal Terms;
• Violation of any rights of a third party (e.g., intellectual property);
• Harmful behavior toward other users via the Services.

We reserve the right to assume exclusive defense of such matters, and you agree to cooperate with us.

26. User Data

We maintain certain data related to your activity for performance and support of the Services. While we perform backups, you are solely responsible for all data you transmit.

We are not liable for any loss or corruption of such data, and you waive any right to claim damages from such loss.

27. Electronic Communications, Transactions, and Signatures

By visiting the Services, sending us emails, or filling out forms, you engage in electronic communications. You consent to receive communications from us electronically and agree that such communications satisfy legal requirements for written notice.

YOU CONSENT TO ELECTRONIC SIGNATURES AND RECORDS FOR ALL AGREEMENTS, NOTICES, AND TRANSACTIONS CONDUCTED THROUGH OR RELATED TO THE SERVICES.

You waive any legal requirements that demand non-electronic signatures or records.

28. California Users and Residents

If your complaint with us is not resolved, you may contact the California Department of Consumer Affairs:

1625 North Market Blvd., Suite N 112
Sacramento, California 95834
Phone: (800) 952-5210 or (916) 445-1254

29. Miscellaneous

These Legal Terms and any related policies constitute the entire agreement between you and us.

Our failure to enforce any part of these Terms does not waive our rights. These Terms operate to the fullest extent permissible by law.

We may assign our rights and obligations at any time. We are not liable for delays or failures due to causes beyond our control.

If any provision is deemed unlawful or unenforceable, the remainder remains valid.

No partnership or agency relationship is created by these Terms.

You waive any defenses based on the electronic form of these Terms or the lack of physical signatures.

30. Contact Us

If you have any complaints or need more information about the Services, you may contact us at: