Terms of Service

1. Acceptance

By creating an account or using Smirk ("the App"), you agree to these Terms of Service ("Terms"). If you do not agree, do not use the App. These Terms constitute a legally binding agreement between you and Jonas Kundrotas ("we," "us," "our"), operating as Smirk from the Netherlands.

2. Age Requirement

Smirk is for users aged 18 and older. By creating an account, you confirm that you are at least 18 years old. We verify age during registration and reserve the right to terminate accounts where we have reason to believe the user is under 18.

3. Account

• You must provide accurate information when creating your account.
• You are responsible for maintaining the security of your account credentials.
• One account per person. Shared or automated accounts are not permitted.
• You may delete your account at any time through the App (Profile → Delete Account). Deletion is permanent and removes all your data within 30 days.

4. What Smirk Is (and Isn't)

Smirk is an AI-powered social skills practice tool. Important clarifications:

• All characters in the App are AI-generated. You are never talking to a real person.
• Smirk is not a dating app, matchmaking service, or social network.
• Smirk is not therapy, counseling, or a substitute for professional mental health services.
• AI-generated scores and feedback are informational only and should not be taken as professional advice.
• Conversations are simulated practice scenarios, not real social interactions.

5. AI Content

The App uses artificial intelligence to generate character responses, coaching suggestions, and performance scores.

• AI-generated content may occasionally be inaccurate, inappropriate, or unexpected despite our safety measures.
• We implement content moderation through prompt-level safety rules but cannot guarantee that all AI output will be appropriate.
• You must consent to AI processing of your messages during registration. See our Privacy Policy — AI Processing section for details.
• AI characters and scenarios are fictional. Any resemblance to real individuals is unintentional.

6. Acceptable Use

You agree not to:

• Use the App for any illegal purpose
• Attempt to extract, reverse-engineer, or replicate our AI prompts or systems
• Use the App to generate harmful, abusive, or exploitative content
• Circumvent energy limits, scoring systems, or other App mechanics through technical means
• Create multiple accounts to abuse free-tier limits or promotional offers
• Use automated tools, bots, or scripts to interact with the App
• Attempt to access other users' data or the App's infrastructure without authorization

We may suspend or terminate your account for violations of these rules.

7. Subscriptions & Purchases

Subscriptions

• Premium and Ultra subscriptions are billed through the Apple App Store or Google Play Store.
• Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current billing period.
• You can manage or cancel subscriptions through your device's subscription settings (not within the App).
• Prices are displayed in your local currency and may vary by region.

Gem Packs

• Gem packs are one-time consumable purchases.
• Gems are virtual currency with no real-world monetary value and cannot be exchanged for cash.
• Unused gems remain in your account indefinitely but are forfeited upon account deletion.

Refunds

Refund requests are handled by the Apple App Store or Google Play Store according to their respective policies. We do not process refunds directly.

8. Intellectual Property

• The App, including its design, code, AI systems, prompts, character archetypes, and content, is owned by us and protected by intellectual property laws.
• You retain ownership of the messages you type. By using the App, you grant us a license to process your messages for the purpose of providing the service (AI responses, scoring, analytics).
• You may not copy, modify, distribute, or create derivative works based on the App without our written permission.

9. Disclaimers

The App is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to:

• Accuracy or quality of AI-generated content, scores, or coaching
• Uninterrupted or error-free operation
• Fitness for a particular purpose
• That using the App will improve your real-world social outcomes

10. Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use of or inability to use the App
• Any AI-generated content or suggestions
• Unauthorized access to or alteration of your data
• Any third-party conduct on the service

Our total liability for any claim arising from these Terms or the App shall not exceed the amount you paid us in the 12 months preceding the claim, or €100, whichever is greater.

11. Termination

We may suspend or terminate your access to the App at any time for violation of these Terms, with or without notice. Upon termination, your right to use the App ceases immediately. Sections 8, 9, 10, and 12 survive termination.

12. Governing Law & Disputes

These Terms are governed by the laws of the Netherlands. Any disputes arising from these Terms or the App shall be resolved in the courts of the Netherlands, unless mandatory consumer protection laws in your jurisdiction require otherwise.

For EU consumers: you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated through the App or by email. Continued use of the App after changes constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms:

Email: support@usesmirk.com
Operator: Jonas Kundrotas, Netherlands