Terms of Service

Chapter 1. General Provisions

Article 1. Purpose

These Terms of Service (the “Terms”) govern access to and use of applications, digital content, digital services, and related services provided by SMK (the “Company”). These Terms establish the rights, obligations, responsibilities, and conditions applicable to the relationship between the Company and Users of the Services.

Article 2. Definitions

Unless the context requires otherwise, the following terms have the meanings set out below:

“Company” means SMK.
“App” means a software application made available by the Company through an application store, website, or other authorized distribution channel.
“User” means an individual or entity that accesses or uses an App or Service.
“Consumer” means an individual acting primarily for purposes outside that individual's trade, business, craft, or profession, where such concept is recognized under Applicable Law.
“Account” means an account, profile, identifier, or authentication mechanism used to access a Service.
“Services” means the Apps, digital content, digital services, features, functionality, communications, and other services made available by the Company.
“User Content” means text, messages, images, files, profiles, communications, or other content submitted, transmitted, created, or otherwise made available by a User through a Service.
“Service Credits” means virtual credits, points, units, or other digital benefits made available for use within a Service.
“Rewarded Advertising” means advertising through which a User may receive Service Credits or other benefits after satisfying specified advertising conditions.
“Applicable Law” means the mandatory laws, regulations, rules, and legally binding requirements applicable to the Company, the User, the relevant Service, or the relevant transaction, including mandatory consumer protection laws applicable to the User.

Article 3. Acceptance of the Terms

Before installing, accessing, or using an App or Service for the first time, the User will be provided with a reasonable opportunity to review these Terms.
Where affirmative acceptance is required by the Company or Applicable Law, the User must accept these Terms through the applicable acceptance mechanism before using the relevant Service.
The User's acceptance constitutes agreement to these Terms, subject to mandatory rights and protections that cannot legally be waived.
Continued use of the Services after the effective date of a valid amendment may constitute acceptance of the amended Terms where permitted by Applicable Law.
If the User does not agree to these Terms, the User should discontinue use of the relevant App or Service.
Nothing in these Terms limits any mandatory statutory right that cannot legally be waived or excluded.

Chapter 2. Amendment and Notice of the Terms

Article 4. Amendments to the Terms

The Company may amend these Terms from time to time where reasonably necessary to reflect changes in Applicable Law, regulatory requirements, technology, security requirements, Services, business practices, operational circumstances, or other legitimate business reasons.
The Company may also amend these Terms to introduce, modify, suspend, or discontinue features, products, or Services.
For amendments that do not materially and adversely affect the User's essential contractual rights or obligations, the Company may provide notice by publishing the revised Terms through the App, official website, or another reasonable electronic method.
Unless Applicable Law requires otherwise, continued use of the Services after the effective date of a published amendment may constitute acceptance of the amended Terms.
The Company is not required to obtain renewed affirmative acceptance for every amendment where Applicable Law does not require such consent.
Where Applicable Law requires prior notice, express consent, a specified notice period, or another procedural requirement, the Company will comply with that requirement.
Where an amendment materially and adversely affects a Consumer and Applicable Law provides a right to terminate, withdraw, or otherwise reject the amendment, that right remains available.
No amendment to these Terms will be interpreted as waiving or restricting mandatory consumer rights.

Article 5. Publication and Effective Date of Amendments

The Company may publish the current version of these Terms on the official website, within the App, or through another reasonable electronic method.
An amendment will generally become effective on the date specified in the published Terms.
Where no separate effective date is specified, the amendment may become effective upon publication, except where Applicable Law requires a later effective date or advance notice.
The Company may display a revision date or version information for transparency and recordkeeping purposes.
The absence of a separately displayed revision date does not by itself invalidate an amendment where the amendment has otherwise been validly communicated and made effective under Applicable Law.

Chapter 3. Access to and Use of the Services

Article 6. Additional Terms and Policies

Specific Services may be subject to additional terms, policies, community standards, purchase conditions, or other rules.
Additional terms may be presented to Users where reasonably necessary and will apply to the relevant Service, feature, transaction, or activity.
If an additional term conflicts with these Terms, the additional term will prevail only to the extent necessary for the relevant Service or activity and only where permitted by Applicable Law.
Nothing in an additional term is intended to exclude, restrict, or waive mandatory rights or protections that cannot legally be excluded, restricted, or waived.

Article 7. Eligibility and Lawful Use

The User must satisfy any age, eligibility, technical, or other requirements applicable to the relevant Service.
The User must use the Services only for lawful purposes and in accordance with these Terms and Applicable Law.
The User must not use the Services for fraud, abuse, harassment, unauthorized commercial activity, unlawful activity, infringement of rights, or any purpose that may materially harm the Services, the Company, or other Users.
The Company may apply reasonable access restrictions where necessary for security, legal compliance, protection of Users, prevention of abuse, or proper operation of the Services.

Article 8. Accounts and Account Security

Some Services may require an Account. Where an Account is required, the User must provide information that is accurate and reasonably requested by the Company.
The User is responsible for taking reasonable measures to protect Account credentials and must not knowingly permit unauthorized access.
If the User becomes aware of unauthorized access, loss of credentials, or suspected misuse, the User should notify the Company without undue delay.
Service Credits, Account benefits, and other Service-related rights are generally personal to the User and may not be transferred, sold, assigned, or otherwise disposed of except where expressly permitted by the Company or Applicable Law.

Chapter 4. Privacy and User Responsibilities

Article 9. Privacy and Personal Data

The Company processes personal data in accordance with Applicable Law and the Company's Privacy Policy. The Privacy Policy describes the categories of personal data processed, purposes of processing, retention, disclosures, User rights, and other applicable privacy matters. Where consent is legally required for a particular processing activity, the Company will obtain such consent through an appropriate mechanism.

Article 10. Company's Responsibilities

The Company will use reasonable efforts to provide the Services in accordance with these Terms and Applicable Law.
The Company will maintain reasonable technical and organizational measures appropriate to the nature and risks of the Services.
The Company will provide information reasonably necessary for Users to understand material requirements, restrictions, and significant changes to the Services where required by Applicable Law.
The Company will comply with mandatory legal requirements concerning digital content and digital services to the extent applicable.
Except where expressly required by Applicable Law, the Company does not guarantee uninterrupted, error-free, secure, or continuously available access to every feature of the Services.

Article 11. User Responsibilities

The User must comply with these Terms, Applicable Law, reasonable Service instructions, and applicable safety or community rules.
The User must not interfere with the security, availability, integrity, or proper operation of the Services.
The User must not attempt to gain unauthorized access to systems, Accounts, data, or functionality.
The User must not use automated means, malicious code, exploits, or other unauthorized methods to interfere with the Services.
The User must not use the Services to infringe intellectual property, privacy, publicity, contractual, or other rights of another person.

Chapter 5. Digital Services and User Content

Article 12. Availability and Changes to the Services

The Company will use reasonable efforts to maintain the availability of the Services but does not guarantee uninterrupted availability.
The Company may update, modify, replace, restrict, suspend, or discontinue features, functionality, or portions of the Services where reasonably necessary for technical, operational, security, legal, regulatory, commercial, or other legitimate reasons.
Where Applicable Law requires advance notice of a material change or discontinuation, the Company will provide such notice in the manner required by law.
Where Applicable Law provides mandatory remedies for lack of conformity, failure to supply, or material reduction in functionality of a digital service, those remedies remain available to eligible Users.
Where Services are supplied continuously, the Company may make changes reasonably necessary to maintain, improve, secure, or operate the Services, subject to mandatory rights under Applicable Law.

Article 13. Digital Content and Conformity

Where Applicable Law establishes mandatory requirements concerning conformity, functionality, compatibility, interoperability, accessibility, continuity, or security of digital content or digital services, those requirements apply notwithstanding these Terms.
Where a Service does not conform to mandatory legal requirements, eligible Consumers may have rights to repair, correction, replacement, price reduction, termination, refund, or other remedies as provided by Applicable Law.
The Company may provide updates, including security updates, where required or reasonably necessary to maintain conformity, security, compatibility, or proper operation of a digital service.
Nothing in these Terms limits mandatory statutory remedies available to eligible Consumers.

Article 14. User Content

The User retains ownership or other legally recognized rights in User Content, subject to third-party rights and Applicable Law.
By submitting User Content, the User grants the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, distribute within the Service, and otherwise use the User Content only to the extent reasonably necessary to provide, operate, maintain, secure, moderate, troubleshoot, and improve the Services.
The license described above generally ends when the relevant User Content is deleted from the Company's active systems, except where continued processing or retention is reasonably necessary for legal obligations, security, fraud prevention, dispute resolution, backup systems, enforcement of rights, technical continuity, or other purposes permitted by Applicable Law.
The Company may remove, restrict, disable access to, or preserve User Content where reasonably necessary to comply with Applicable Law, protect Users, enforce these Terms, protect intellectual property or other rights, investigate suspected abuse, or maintain the security and integrity of the Services.
Where the Company receives a valid request for deletion of User Content, the Company will process the request within a reasonable period and in accordance with its operational procedures and Applicable Law.
Deletion from active systems does not necessarily require immediate deletion from backup, archival, security, fraud-prevention, or legally required systems. Such information may be retained for as long as reasonably necessary for the applicable purpose and then securely deleted or anonymized in accordance with Applicable Law.
Where Applicable Law grants a User a right to obtain or retrieve certain User Content following termination, the Company will provide such content in the manner and within the period required by law, subject to lawful exceptions.

Article 15. Intellectual Property

Unless otherwise stated, the Apps, Services, software, trademarks, logos, designs, interfaces, text, graphics, and other materials provided by the Company are owned by or licensed to the Company and are protected by Applicable Law.
The User receives only a limited, non-exclusive, non-transferable right to use the Services for their intended purpose during the period in which the User is authorized to access them.
The User must not copy, modify, distribute, sell, lease, sublicense, reverse engineer, publicly exploit, or otherwise misuse Company materials except where expressly permitted by Applicable Law or authorized by the Company.

Chapter 6. Advertising and Third-Party Services

Article 16. Advertising

The Services may display advertisements, sponsored content, or promotional materials.
Advertising may be selected or delivered based on technical, contextual, advertising, or other information processed in accordance with Applicable Law and the Privacy Policy.
Where Rewarded Advertising is available, the User may receive Service Credits or other benefits after completing applicable advertising conditions. Service Credits may be used within the relevant Service to access or use available content, features, or other digital benefits.
Rewarded Advertising may be unavailable due to device settings, advertising inventory, geographic availability, technical limitations, platform policies, advertiser decisions, or circumstances outside the Company's reasonable control.
The Company does not guarantee that advertisements will always be available, that a particular advertisement will be displayed, or that any particular amount of advertising inventory will be available.
Service Credits provided through Rewarded Advertising have no cash value and may only be used within the relevant Service for the purposes specified by the Company.

Article 17. Third-Party Services

The Services may contain links, integrations, advertising services, payment services, analytics services, application-store services, or other functionality provided by third parties.
Third-party services are operated by their respective providers and may be subject to separate terms and privacy policies.
The Company is not responsible for independent third-party services to the extent permitted by Applicable Law.
The availability or functionality of third-party services may change independently of the Company, and the Company does not guarantee the continued availability or functionality of such services.

Chapter 7. Service Credits, Purchases, and Refunds

Article 18. Service Credits

Service Credits are digital units intended for use within the relevant Service and do not constitute legal tender, a bank deposit, or a general-purpose monetary instrument.
Service Credits obtained through Rewarded Advertising or other permitted methods may be used only within the relevant Service for the content, features, or other digital benefits specified by the Company.
Unless otherwise required by Applicable Law, Service Credits may not be exchanged for cash, transferred, sold, or redeemed outside the relevant Service.
Any expiration period, usage restriction, or limitation applicable to Service Credits will be disclosed where required by Applicable Law.
The Company may modify, suspend, or discontinue Service Credits or their functionality where reasonably necessary for operational, technical, security, legal, or other legitimate reasons, subject to mandatory rights under Applicable Law.
Nothing in this Article limits mandatory consumer rights concerning refunds, termination, unfair contractual terms, or digital services.
Upon termination of the service agreement (completion of membership withdrawal or account deletion request), all Service Credits shall expire.
Following the termination of the service agreement, all records are deleted for personal information protection purposes, and restoration of Service Credit cannot be requested for reasons such as re-registration.
Users may verify detailed information regarding this at any time through the account guide within the app.

Article 19. Paid Services and Purchases

Where paid features or digital purchases are offered, the applicable price, payment conditions, and material restrictions will be presented before the User is bound by the purchase to the extent required by Applicable Law.
Payments for digital purchases may be processed through an application store or other authorized payment provider.
The User may be required to comply with the applicable payment, purchase, and refund procedures of the relevant application store or payment provider.
The availability, processing, approval, denial, or refund of a purchase may be determined in accordance with the applicable procedures and policies of the relevant application store or payment provider.
Nothing in these Terms prevents the User from exercising any mandatory cancellation or refund right provided by Applicable Law.
Upon termination of the service agreement (completion of membership withdrawal or account deletion request), all Paid Services shall expire.
Following the termination of the service agreement, all records are deleted for personal information protection purposes, and restoration of Paid Services cannot be requested for reasons such as re-registration.
Users may verify detailed information regarding this at any time through the account guide within the app.

Article 20. Refunds and Purchase Disputes

Where Applicable Law grants a Consumer a statutory right to cancel, terminate, or obtain a refund, that right applies notwithstanding these Terms.
For purchases processed through an application store or other payment provider, refund requests may be handled according to the procedures established by the relevant application store or payment provider.
A refund may be approved or denied according to the applicable policies and procedures of the relevant application store or payment provider, subject to any mandatory rights under Applicable Law.
Nothing in these Terms prevents a User from exercising a mandatory statutory right against the Company or an applicable payment provider.

Chapter 8. Suspension and Termination

Article 21. Termination by the User

The User may stop using a Service at any time.
Where an Account can be deleted, the User may request deletion through the available account-management mechanism or another reasonable method provided by the Company.
Account termination does not necessarily require immediate deletion of information that the Company is legally required or permitted to retain, or information maintained in backup, security, fraud-prevention, dispute-resolution, or other systems for legitimate purposes.
Following termination, the Company may retain information for as long as reasonably necessary for the purposes described above and will thereafter delete or anonymize it where required or appropriate under Applicable Law.
User Content that has already been lawfully received, stored, copied, processed, or shared by other Users may not be automatically deleted solely because the originating Account has been terminated.

Article 22. Suspension or Termination by the Company

The Company may restrict, suspend, or terminate access to a Service where reasonably necessary due to a material violation of these Terms, Applicable Law, fraud, abuse, security risks, unlawful activity, threats to Users, technical risks, or other legitimate and proportionate reasons.
Where appropriate and reasonably practicable, the Company may apply less restrictive measures before termination, including warnings, feature restrictions, content removal, or temporary suspension.
The Company may take immediate protective action where reasonably necessary to prevent serious harm, security incidents, unlawful activity, fraud, abuse, or threats to Users or the Services.
Where Applicable Law requires notice, explanation, review, appeal, or other procedural protections, the Company will provide them in accordance with such law.
The Company will apply restrictions in a reasonable and proportionate manner and will not exclude or restrict rights that cannot legally be excluded or restricted.

Chapter 9. Service Interruptions and Force Majeure

Article 23. Service Interruptions

The Services may be temporarily unavailable due to maintenance, upgrades, infrastructure failures, telecommunications failures, cybersecurity incidents, application-store restrictions, third-party service failures, or other technical circumstances.
The Services may also be interrupted where continued operation becomes unlawful, technically infeasible, commercially impracticable, or materially unsafe.
Where an App is removed, suspended, or delisted by an application store, or where an operating-system change materially affects compatibility, the Company may be unable to continue providing some or all functionality.
The Company will use reasonable efforts to restore affected Services where restoration is reasonably practicable.
Where required by Applicable Law, the Company will provide reasonable notice concerning material service interruptions or discontinuation.

Article 24. Force Majeure

The Company will not be responsible for failure or delay caused by circumstances beyond its reasonable control to the extent permitted by Applicable Law.
Such circumstances may include natural disasters, widespread network failures, major cybersecurity incidents, telecommunications failures, governmental measures, war, civil unrest, labor disruptions, infrastructure failures, or failures of essential third-party providers.
This Article does not exclude liability or consumer remedies that Applicable Law does not permit the Company to exclude.

Chapter 10. Liability and Consumer Protection

Article 25. Liability

Each party is responsible for damage caused by its breach of Applicable Law or these Terms to the extent required by Applicable Law.
To the maximum extent permitted by Applicable Law, the Company will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses, or loss of profits, revenue, business opportunities, goodwill, or data, except to the extent such limitation is prohibited by Applicable Law.
To the maximum extent permitted by Applicable Law, the Company will not be responsible for losses that were not reasonably foreseeable at the time the relevant agreement was formed.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for death or personal injury caused by negligence where such liability cannot legally be excluded, fraud or fraudulent misrepresentation, intentional misconduct where non-excludable, or mandatory statutory liability.
The Company will not be liable for losses caused solely by circumstances attributable to the User, including the User's unlawful conduct, misuse of the Services, or failure to take reasonable security measures.
Nothing in this Article limits mandatory consumer remedies relating to defective, non-conforming, or improperly supplied digital content or digital services.
Where Applicable Law permits a limitation of monetary liability, the Company's aggregate liability arising out of or relating to the relevant Service will be limited to the amount paid by the User to the Company for the relevant Service during the twelve (12) months preceding the event giving rise to the claim, or the minimum amount otherwise permitted by Applicable Law, whichever is greater.
Where the relevant Service was provided without charge, the Company will have no monetary liability to the maximum extent permitted by Applicable Law, except for liabilities that cannot legally be excluded or limited.

Article 26. User Responsibility and Indemnification

To the extent permitted by Applicable Law, a User may be responsible for losses directly caused by the User's unlawful conduct, material breach of these Terms, misuse of the Services, or infringement of third-party rights.
The User will not be responsible for losses to the extent caused by the Company's own breach, unlawful conduct, or other circumstances for which the User cannot legally be held responsible.
Where permitted by Applicable Law, the User agrees to reasonably cooperate with the Company in responding to third-party claims arising directly from the User's unlawful conduct or infringement of third-party rights.
Nothing in this Article requires a Consumer to waive statutory rights or accept liability that Applicable Law does not permit to be imposed.

Article 27. Mandatory Consumer Rights

These Terms are not intended to deprive Consumers of mandatory rights granted by Applicable Law.
Where Applicable Law provides mandatory rights concerning digital content, digital services, unfair contractual terms, privacy, withdrawal, cancellation, refunds, conformity, remedies, accessibility, or dispute resolution, those rights remain unaffected.
If any provision of these Terms is inconsistent with a mandatory legal requirement, the mandatory requirement will prevail only to the extent of the inconsistency.
No provision of these Terms shall be interpreted as requiring a User to waive a statutory right that cannot legally be waived.

Chapter 11. Governing Law and Dispute Resolution

Article 28. Governing Law

These Terms will be interpreted and applied in accordance with the laws applicable to the contractual relationship, subject to mandatory consumer protection laws that cannot legally be excluded.
To the maximum extent permitted by Applicable Law, the law of the jurisdiction in which the Company maintains its principal place of business may govern these Terms and the relationship between the Company and the User.
However, where the User is a Consumer and Applicable Law provides mandatory protections that apply regardless of contractual choice of law, those protections remain fully applicable.
Nothing in this Article is intended to exclude the application of mandatory consumer protection rules that cannot legally be excluded by agreement.

Article 29. Dispute Resolution

The Company and the User should first attempt to resolve disputes relating to the Services through good-faith communication.
The User may contact the Company through the contact information made available on the official website or within the relevant Service.
Nothing in these Terms prevents a Consumer from bringing a claim before a court, administrative authority, consumer protection authority, alternative dispute-resolution body, or other competent forum where such right is provided by Applicable Law.
Subject to mandatory Applicable Law, disputes arising from or relating to these Terms or the Services may be submitted to a court having jurisdiction over the Company's principal place of business.
The jurisdiction provision in this Article applies only to the extent legally permissible and does not deprive a Consumer of any mandatory right to bring proceedings before another competent forum.
Where Applicable Law permits the parties to agree on a competent court or dispute-resolution procedure, such agreement will apply only to the extent legally valid.

Chapter 12. General Provisions

Article 30. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain effective to the extent permitted by Applicable Law.
The invalid or unenforceable provision will be interpreted or replaced to the minimum extent necessary to achieve a lawful result consistent with its original commercial purpose, where legally permissible.

Article 31. No Waiver and Entire Agreement

A failure or delay by the Company to exercise a right or remedy does not constitute a waiver of that right or remedy unless expressly stated and legally effective.
These Terms, together with applicable Service-specific terms, policies, purchase conditions, and the Privacy Policy, constitute the applicable agreement concerning the relevant Service, subject to mandatory rights and requirements imposed by Applicable Law.
If there is a conflict between these Terms and a mandatory legal requirement, the mandatory legal requirement will prevail to the extent of the conflict.
No failure by the Company to enforce any provision immediately will constitute a waiver of the Company's right to enforce that provision later.

Article 32. Effective Date and Continuing Application

These Terms become effective on the effective date stated below and apply to Users who accept the Terms on or after that date.
For Users who previously accepted an earlier version of these Terms, subsequent amendments will be handled in accordance with Articles 4 and 5.
Unless Applicable Law requires renewed affirmative consent, publication of an amendment in accordance with Article 5, together with continued use of the Services after the applicable effective date, may constitute acceptance of the amended Terms.
Where Applicable Law requires express consent to a particular amendment, the amended provision will not become binding on the User until the legally required consent has been obtained.
If a User does not wish to accept a revised version of these Terms, the User may discontinue use of the affected Services and delete the App, subject to rights and obligations that continue under Applicable Law.
Nothing in these Terms limits any mandatory consumer right, statutory remedy, or legal protection.

Effective Date: February 12, 2024