TERMS & CONDITIONS OF USE

The mobile application Smooshi ("Smooshi" or "Application") is owned and operated by A&J SOCIAL MEDIA EXPERIENCES FZ LLC ("A&J"), a Limited Liability Company incorporated under the provisions of Fujairah Media Free Zone, having its registered address at Fujairah, Creative Tower, P.O. Box 4422 Fujairah, which enables the user of the application to connect with other users and third parties listed on the Application ("Services").

Your use of the Application is an acknowledgment that you have reviewed the Terms and Conditions, agree to comply with and be legally bound thereby. These terms and conditions govern your access to and use of the Application and the Services. If you do not agree to these terms and conditions, you must refrain from using the Application and Services. Smooshi reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Application.

By using this Application, you hereby acknowledge and agree that Smooshi has no control over the conduct or behavior of other users of the application or the quality, fitness or the suitability of the services provided by third parties. Smooshi disclaims any and all liabilities in this regard.

DISCLAIMER

The material and/or information on this Application, including but not limited to the services, products, data, text, graphics, audio, video, links or other items, are provided by Smooshi on an “as is” basis.

We do not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability and fitness for a particular purpose arising from your use of this Application. We also disclaim such warranties, representations or endorsements sought to be imposed on us to the fullest extent permitted by law.

We shall not be responsible for any damages suffered as a result of your use of the information on this Application and we are not liable for any indirect, punitive or consequential damages howsoever arise from your use of this Application or the information contained herein.

We also do not warrant or represent that access to the whole or part(s) of this Application, the materials, information and/or functions contained herein will be provided uninterrupted or free from errors or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile phone or computer system.

ELIGIBILITY

To use this Application, you must be at least 18 years of age. By using the application, you represent and warrant that you are above the age of 18 and that you are not barred from using the Application under the laws of the United Arab Emirates or any other applicable jurisdiction.

CHANGES AND APPLICABLE LAW

The information contained on this Application may include technical inaccuracies or typographical errors. We reserve the rights to make changes, corrections and/or improvements to the content of this Application without notice at our absolute discretion. Your continued use of this Application following the posting of changes means that you accept the changes.

TERMINATION

You may terminate your account with the Application at any time and for any reason. However, to avoid additional billing through third party payment accounts, you must manage your in-app purchases.

Smooshi may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refunds whatsoever.

LICENSE

Subject to your compliance with this Agreement, Smooshi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application on your personal device solely in connection with your use of the Application; and (ii) access and use any content, information and related materials that may be made available through the Application, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by this Application and this Application’s licensors

PURCHASES

From time to time, Smooshi may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, carrier billing, or other payment platforms authorized by Smooshi. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Smooshi or the third party account, as applicable, to charge you.

AUTO-RENEWAL SUBSCRIPTION

If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third-party account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Smooshi application from your device. Deleting your account on Smooshi or deleting the Smooshi application from your device does not cancel your subscription; Smooshi will retain all funds charged to your Payment Method until you cancel your subscription on Smooshi or the third party-account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

REFUNDS

Fees paid by you are final and non-refundable, unless otherwise determined by Smooshi.

VIRTUAL ITEMS

Virtual items (“Virtual Items”) are non-refundable and subject to certain conditions.

From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, nonsublicensable, revocable license to use or access Virtual Items from Smooshi. You may only purchase Virtual Items from us or our authorized partners through our services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when Smooshi ceases providing our services, or your account is otherwise closed or terminated.

Smooshi, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Smooshi may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. Smooshi shall have no liability to you or any third party in the event that Smooshi exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our services.

All purchases and redemptions of virtual items made through our services are final and non-refundable. You acknowledge that Smooshi is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.

COPYRIGHT AND TRADEMARKS

The Application and those of our third-party partners including text, graphics, designs, audio and video clips, information and all other content thereon are the property of Smooshi and/or our third-party partners.

You may use the Application and its content solely for personal, non-commercial and private use subject always to applicable copyright laws.

All trademarks, trade names, service marks and all other marks, whether registered or unregistered, on the Application are owned by or licensed to the Smooshi and their respective owners and may not be used, reproduced or modified without the prior written approval.

INFORMATION WE COLLECT

We require you to provide certain information about yourself when you register with this Application to request for certain information and/or services. We also collect information when you respond to requests for feedback. The information we collect may include information from which you may be personally identified such as your name, contact details, occupation and/or credit card details. We may also collect personally identifiable information of a third party. Unless otherwise indicated, the information we request is optional. We will specify which information is mandatory at the appropriate data entry point. This Application only collects personally identifiable information with your knowledge and express consent. You are entitled not to submit your personally identifiable information or to decide what communications you want to receive from us. However, incomplete information may affect or prevent the processing of certain transactions.

HOW WE USE YOUR INFORMATION

We use personally identifiable information collected from this Application for the following purposes:

SECURITY

We use commercially reasonable steps to protect your personally identifiable information we collect from any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction. However, due to the pace of development of internet technology and other factors beyond our control, we cannot guarantee that communications between you and our server will be free from unauthorized access by third parties.

You understand that you are solely responsible for your interactions with other users on this Application. You understand that Smooshi does not conduct background checks or screenings on its users, inquire into the backgrounds of its users, or attempt to verify the statements of its users. Smooshi makes no representations or warranties as to the conduct of users.

COMMUNITY RULES

By using this Application, you may not 1) violate these terms and conditions, 2) misrepresent any information or misuse the Application, 3) violate any applicable laws in connection with the use of this Application, 4) commit fraud or abuse involving any other members of this Application or the Application itself, 5) act, in any way, to the detriment of this Application, as may be determined by this Application in its sole discretion.

LINKS TO THIRD PARTIES

This Application contains content, services and other materials that link to other third parties not related to Smooshi. We are not responsible or liable for any content presented by or contained on any independent third party. We encourage you to refer to the privacy policy, if any, of those websites.