Policies, Terms and Conditions

Welcome to Smuppy, the platform dedicated to connecting fitness, wellness, and sports enthusiasts! By using our services, you agree to the following terms and conditions. We encourage you to read them carefully to understand your rights and obligations.

1. 1. Acceptance of Terms

Accessing and using Smuppy’s services implies full acceptance of these terms. If you do not accept these terms, please do not use the platform.

• Implied Agreement: By accessing or using Smuppy, you acknowledge that you have read, understood, and accepted these terms. For example, if you use our personalized recommendations to find a coach or participate in local events, you implicitly accept the rules for using these features.
• Consequences of Acceptance: Failure to comply with these terms may result in account suspension or deletion, and you may be held responsible for any damage caused by inappropriate use of the platform, such as sharing misleading content or harassing other users.
• Updates: We reserve the right to modify these terms and inform you of significant changes through platform notifications or email. Changes will be effective 30 days after notification, unless applicable law requires a shorter period.
• Obligation to Review: Ensure you regularly consult this section to stay informed of any revisions. For example, if modifications affect how your data is processed, you will be bound by the new terms if you continue using Smuppy.

By accessing Smuppy, you agree to these policies, terms and conditions. Smuppy Inc., as the owner and operator of the platform, reserves the right to modify these terms at any time.

2. 2. Definitions

• Smuppy: The online platform, including the mobile app and website.
• User: Any person accessing or using Smuppy, whether registered or not.
• User Content: Posts, photos, videos, comments, and other contributions shared by users.
• Services: Features provided by Smuppy, such as the body scanner, messaging, personalized recommendations, events, and streaming.
• Force Majeure: Any unforeseeable, irresistible event beyond Smuppy’s control, including natural disasters, cyberattacks, or social unrest.
• Subscriber: A user who has subscribed to a service or paid subscription on Smuppy.
• Third-Party Content: Content provided or managed by external parties to Smuppy.
• Professional Accounts: Accounts such as gyms, fitness trainers, and athletes using the platform to offer services, promote content, or interact with users.

3. 3. Account Creation

To access certain Smuppy features, you must create an account. You agree to provide accurate and up-to-date information during registration.

• Registration Process: Provide personal information, including your name, email address, and date of birth. Ensure this information is accurate and current. Any false declarations may result in account suspension.
• Identity Verification: Smuppy may use technologies like facial recognition to ensure account security and prevent fraudulent use. These procedures are designed to protect your information from unauthorized access.
• Data Protection: Information collected during account creation is stored on secure, encrypted servers. We use protocols compliant with international regulations like GDPR, PIPEDA, and provincial equivalents such as those in Quebec, Alberta, and British Columbia.
• Data Retention: User data will be retained for a maximum of 90 days after account termination unless legal obligations require otherwise.
• False Information: Any attempt to provide false or fraudulent information may result in immediate account revocation and potential legal action.
• Age Requirement: You must be 16 years or older to use Smuppy unless local laws state otherwise.

4. 4. International Legal Compliance

Smuppy Inc. is committed to complying with data protection regulations in all jurisdictions where its services are offered:

• HIPAA (USA): For U.S. users, sensitive biometric data (such as body measurements) is processed in accordance with HIPAA’s security and privacy standards.
• PIPEDA (Canada): In addition to PIPEDA, Smuppy complies with provincial privacy laws, including those in Quebec, Alberta, and British Columbia.
• Privacy Act (Australia): Smuppy adheres to the Privacy Act 1988, including the Australian Privacy Principles (APPs).
• LGPD (Brazil): For Brazilian users, Smuppy processes personal data in accordance with the LGPD, respecting explicit consent and data security requirements.
• Data Protection Act 2018 (UK): Smuppy follows the Data Protection Act 2018, adapted from the GDPR for UK users.
• PDPA (Singapore): Personal data for users in Singapore is processed according to the Personal Data Protection Act (PDPA).
• PIPL (China): For users in China, Smuppy complies with the Personal Information Protection Law (PIPL), ensuring local and secure data storage.
• Cross-Border Data Transfers: Smuppy ensures that all data transferred to jurisdictions outside the user’s residence complies with applicable data protection laws, including the use of Standard Contractual Clauses (SCC) to ensure data protection.

5. 5. Acceptable Use

By using Smuppy, you agree to:

• Comply with Laws: Not use the platform for illegal activities or activities that violate local regulations and the Community Guidelines of Smuppy.
• Respect Others: Do not harass, threaten, intimidate, or post content that could be considered offensive, discriminatory, or inciting hate. This includes private messages, public posts, and comments.
• Specific Prohibitions:
• Harmful Content: Do not distribute viruses, malware, spam, or other files that may disrupt the platform or harm other users.
• False Information: Do not share misleading, defamatory, or unverified content that could deceive others.
• Hacking: Any attempt to hack, gain unauthorized access to other accounts, or bypass security systems is strictly prohibited.
• Misuse of Data: Do not collect or use personal information from other users without their consent.

Examples of violations:

• Posting violent comments in public groups or forums.
• Using private messaging for spam or unsolicited promotions.
• Creating fake accounts to deceive other users or fraudulently access exclusive content.

Smuppy reserves the right to suspend or delete any account for violating these rules. In cases of abusive or repeated behavior, legal action may be considered according to applicable laws.

Users are responsible for the security of their account and credentials. Smuppy Inc. shall not be held liable for unauthorized access to an account resulting from a weak password, negligence, or a security breach caused by the user. Any activity conducted through an account is the sole responsibility of its holder.

In the event of fraudulent account use, the user must immediately contact Smuppy support to mitigate any potential damage. Smuppy reserves the right to suspend a suspicious account without prior notice.

Smuppy Inc. reserves the right to suspend or delete any account in case of a violation of these rules. In cases of abusive or repeated misconduct, legal actions may be taken in accordance with applicable laws.

"Smuppy Inc. shall not be held responsible for fraud or malicious actions committed by third parties on the platform. Users must exercise caution before making payments or sharing personal information. Any transaction between users is conducted at their own risk."

6. 6. User Content

• Rights and Ownership: You retain ownership of any content you share on Smuppy. However:
• Limited License: By posting on the platform, you grant Smuppy Inc. a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content for promotional purposes related to Smuppy and its services.
• Usage Permission: Smuppy may use your content in advertisements, tutorials, or promotional examples while respecting your copyright.
• Content Responsibility: You are fully responsible for the content you share. Ensure it complies with applicable laws, is free of rights, and does not infringe upon others' rights.
• Examples of Prohibited Content: Defamatory, violent, obscene content, or content violating privacy rights.
• Reporting: Users can report inappropriate content through Smuppy’s moderation tools.
• Legal Requests: Smuppy Inc. will cooperate with legal authorities if requested to remove content or investigate a post.
• Third-Party Content Disclaimer: Smuppy Inc. is not responsible for third-party content accessible via the platform, such as external links or services. We do not guarantee the reliability or security of such content.

7. 7. Applicable Law and Dispute Resolution

• Jurisdiction: These terms are governed by the laws of Ontario, Canada. Any disputes will be submitted exclusively to the competent courts of Ottawa.
• Mediation and Arbitration: Before pursuing legal action, parties agree to attempt mediation or arbitration to resolve any disputes related to Smuppy usage. Smuppy will designate a certified mediator if an agreement is not reached within 30 days of the initial request. Mediation costs will be shared equally, unless agreed otherwise.
• Arbitration Process: If mediation fails, the dispute will proceed to binding arbitration. Arbitration will be conducted within 30 days of the mediation failure. All mediation and arbitration costs will be shared equally unless otherwise agreed by the parties.

8. 8. Limitation of Liability

• Smuppy Inc. shall not, under any circumstances, be liable for indirect, special, consequential, or punitive damages resulting from the use of, or inability to use, its services.
• Services are provided "as is" without any express or implied warranties.
• Smuppy Inc. disclaims all liability for service interruptions caused by force majeure events. In such cases, Smuppy Inc. will make reasonable efforts to restore services as soon as possible. These events include, but are not limited to: natural disasters, cyberattacks, strikes, social conflicts, or major disruptions in telecommunications networks.
• Smuppy Inc. shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use Smuppy, including, but not limited to, financial losses, data loss, business interruption, or reputational harm.
• Smuppy Inc. disclaims all liability for any damage or loss resulting from the use of Smuppy, including but not limited to financial losses, service interruptions, or disputes between users.
• Smuppy Inc. shall not be held responsible for user-generated content, interactions between users, or services provided by third parties through the platform. Use of Smuppy is at the user's sole risk and responsibility.
• Smuppy Inc. shall not be liable for economic losses, service interruptions, revenue loss, or any financial harm resulting from the use of the platform. Smuppy does not guarantee continuous, error-free, or uninterrupted access and disclaims any liability for prolonged technical failures, including those caused by third-party providers (Stripe, AWS, Agora).

9. 9. Indemnification

Users agree to indemnify, defend, and hold Smuppy harmless from any claims, losses, or damages arising from:

• Violating these terms.
• Misuse of the platform.
• Infringing on third-party rights through user content or actions.

Any dispute arising from the use of Smuppy shall be subject to mandatory mediation before any legal action is initiated. If no amicable resolution is reached within 30 days, the dispute shall be submitted to binding arbitration in accordance with the arbitration rules of Ontario.
Smuppy Inc., as a legal entity, cannot be sued beyond the terms defined in these conditions.

Users expressly waive any right to initiate or participate in any collective or individual legal action against Smuppy Inc.

10. 10. Subscriptions and Refunds

• Automatic Renewal: Paid subscriptions automatically renew unless canceled before the renewal date. Users are responsible for managing subscription durations via their account settings.
• Cancellation: Subscriptions can be canceled anytime via account settings. Upon cancellation, access to premium features will continue until the end of the current billing period.
• Refund Policy: Fees already charged are non-refundable unless a clear error is made by Smuppy or required by local law.
• Billing Issues: For any billing-related issues, users are encouraged to contact customer support at support@smuppy.com.

Smuppy Inc. reserves the right to modify, suspend, or terminate any subscription without obligation of refund. Payments made on Smuppy are processed by third-party providers, and Smuppy Inc. disclaims all liability for any transactional issues beyond its control.

All refund requests must be submitted to our customer support and will be reviewed on a case-by-case basis. No refunds will be granted for already active subscriptions or for digital services that have been used.

11. 11. Account Termination

• By User: You may terminate your account anytime via your profile settings. Upon termination, your data will be deleted within 90 days unless legally required to retain it.
• By Smuppy: Smuppy reserves the right to suspend or terminate your account for violating these terms or for operational reasons. Affected users will be notified within a reasonable timeframe.
• Consequences of Termination: Upon termination, access to premium features and associated data will be immediately revoked, unless otherwise required by law.

12. 12. Intellectual Property

• Smuppy Content: All content on Smuppy, including text, graphics, logos, icons, images, algorithms, and software, is the exclusive property of Smuppy and is protected by intellectual property laws.
• Restrictions: Unauthorized reproduction, modification, distribution, or exploitation of Smuppy content is strictly prohibited.
• IP Violations: Violating intellectual property rights may lead to legal action and damages.

All content, algorithms, features, and interfaces of Smuppy are protected under intellectual property laws. Smuppy Inc. is the exclusive owner of the brand, logo, and technologies associated with Smuppy. Any unauthorized reproduction, modification, or distribution of Smuppy’s content is strictly prohibited and may result in legal action.

Users grant Smuppy a worldwide, non-exclusive, royalty-free license to use, display, and promote their content as part of the services offered on the platform.

13. 13. Technologies and Data Protection

• AI Technologies: Smuppy uses AI technologies to personalize the user experience and provide tailored recommendations. These technologies comply with local and international data protection standards.
• Biometric Data: Biometric data (e.g., body measurements) is collected only with explicit user consent and is not shared with third parties unless legally required.
• Data Storage and Transfers: User data is stored on secure servers and may be transferred abroad to jurisdictions with equivalent protections to local regulations.

14. 14. Exclusion of Warranty

• "As Is" Service: Smuppy is provided "as is" and "as available," without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Service Availability: Smuppy does not guarantee that services will always be available or error-free.
• User Responsibility: Users are responsible for backing up their personal and professional data outside the platform.

15. 15. Modifications of Terms

• Notification of Changes: Smuppy reserves the right to modify these terms at any time. Users will be notified of major changes via platform notifications or email.
  If we make substantial changes to this Terms and Conditions, we will ask you to reconsider and accept the updated version before continuing to use our services
• Effective Date of Changes: Changes will take effect 30 days after notification, unless a shorter period is required by law. Continued use of Smuppy after the effective date constitutes acceptance of the changes.
• Opt-out Option: If you do not accept the changes, you may terminate your account before the new terms take effect.

16. 16. Miscellaneous Clauses

• Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain fully in effect.
• No Waiver: Smuppy’s failure to enforce any provision does not waive its right to enforce it later.
• Entire Agreement: These terms constitute the entire agreement between the user and Smuppy regarding the use of the services, replacing any previous agreements.

17. 17. Third-Party Responsibility & Financial Transactions

• User Content: Users are responsible for the content they publish or share on Smuppy.
• Inappropriate Content Reporting: Users can report any non-compliant content using the tools provided. Smuppy will investigate these reports and take necessary actions, including removing content or suspending accounts.
• No Responsibility for Third-Party Content: Smuppy is not responsible for third-party content but will regulate the platform to ensure compliance with laws and these terms.

• All financial transactions conducted through Smuppy are managed by third-party providers (e.g., Stripe).

Smuppy Inc. shall not be held liable for payment errors, processing delays, or financial losses related to these providers. Any disputes must be handled directly with the respective payment provider.

18. 18. Links to Third-Party Sites

• Third-Party Links: Smuppy may contain links to third-party websites or services. These links are provided for informational purposes only.
• No Guarantee: Smuppy does not guarantee the quality or reliability of third-party sites.
• Access at Your Own Risk: Accessing third-party links is done at your own risk. Smuppy disclaims any responsibility for their content or data protection practices.

19. 19. Jurisdictional Limitations

• Local Jurisdictions: Obligations and rights outlined in these terms may vary according to local laws.
• For example, the EU may impose a 14-day right of withdrawal for paid services.
• Certain regions may impose additional restrictions regarding biometric data.
• Local Laws Prevail: In case of a conflict between these terms and local law, the latter will prevail.

20. 20. Consumer Rights for Paid Services

• Right of Withdrawal: Users in jurisdictions with a right of withdrawal (e.g., EU) may cancel their subscription within 14 days of purchase.
• Refund Conditions: If you exercise your withdrawal right within the legal timeframe, a full refund will be issued.
• Notification: Withdrawal requests must be sent to support@smuppy.com.

21. 21. Feedback Clause

• User Suggestions: Any suggestions, ideas, or comments submitted to Smuppy can be used by the company to improve its services without compensation.
• Rights Granted: By sharing feedback, you grant Smuppy a worldwide, royalty-free, non-exclusive license to use these suggestions.

22. 22. Terms for Professionals

• Professional Accounts: Gyms, coaches, and other businesses must provide accurate and up-to-date information when creating a professional account.
• Responsibility: Professional accounts are responsible for the accuracy of the services and products they offer through Smuppy.
• Penalties: Any false statements or deceptive practices may result in suspension or deletion of the account.

Professionals using Smuppy (coaches, gyms, influencers) are solely responsible for the accuracy and legitimacy of the services they offer. Smuppy Inc. acts solely as a technological intermediary and disclaims all liability regarding any commercial agreements made between users and professionals. Smuppy Inc. shall not be held liable for any results, damages, or disputes arising from services provided by a professional account.

Any dispute between a professional and a user must be resolved directly between the parties. Smuppy does not guarantee the quality of services provided by professionals and shall not be held responsible for any disputes arising from a service, failure to meet an obligation, or damages suffered by a user in connection with a transaction with a professional. All disputes must be resolved directly between the concerned parties.

23. 23. No Warranty Clause

Smuppy is provided "as is" and "as available." While we strive to maintain high-quality services, we do not guarantee:

• No Errors or Interruptions: There will be no errors or interruptions in platform functionality.
• Accurate Results: Recommendations provided by our algorithms will yield precise physical, athletic, or financial results.

Smuppy does not guarantee that the use of its services will lead to specific results in fitness, well-being, or athletic performance. The recommendations and tools provided do not constitute medical advice or a certified personalized training program. Users are encouraged to consult a qualified professional before engaging in any physical activity based on advice or information available on the platform.

Smuppy Inc. does not guarantee that using the platform will result in specific fitness, well-being, or performance outcomes.

The advice and recommendations offered on Smuppy, including those from professional users and influencers, do not replace medical or professional consultation. Smuppy Inc. disclaims all liability for any accidents, injuries, or damages resulting from the application of advice found on the platform

24. 24. Personal Data Protection

In accordance with international regulations (e.g., GDPR, PIPEDA), Smuppy guarantees users the following rights:

• Access and Rectification: You can view and modify your personal information via your account settings.
• Deletion: You can request complete deletion of your personal data, except when retention is necessary for legal reasons.
• Data Portability: On request, we will provide your data in a machine-readable format.
• Consent: By using Smuppy, you consent to the processing of your data according to our policies. You can withdraw your consent at any time by deleting your account.

Important Security Notice:

Smuppy will never ask you for sensitive personal information, such as your banking details, home address, or personal ID, through the platform, messaging, or any other means. Please be cautious and do not share any personal information that could compromise your privacy or security. If you ever receive suspicious requests for such information, please report them to our support team immediately.

25. 25. Suspension and Termination Clauses

Smuppy may suspend or terminate a user account in cases of:

• Violation of Terms
• Harmful Behavior towards other users or the platform.
• Fraudulent Use of services (e.g., creating fake accounts, fraudulent payments).
• Legal Violations.

Termination Procedure:

• Users will receive prior notice via email, except for serious violations.
• Termination may be immediate in cases of illegal or harmful behavior.

Smuppy Inc. reserves the right to suspend or terminate an account at any time in case of non-compliance with these terms.

No compensation or refund will be granted for account suspensions due to violations of the Terms of Use. Smuppy Inc. shall not be held liable for any financial or commercial consequences resulting from the termination of a professional account.

26. 26. Force Majeure

Smuppy Inc. shall not be held liable for delays or interruptions caused by events beyond its reasonable control, including natural disasters, cyberattacks, major telecommunication infrastructure failures, strikes, or social conflicts.

In the event of changes in laws or local regulations affecting Smuppy's operations, the company may modify, suspend, or discontinue all or part of its services without any obligation for compensation or refunds. Smuppy Inc. shall not be held liable for any commercial or financial consequences resulting from such decisions.

Smuppy Inc. shall not be responsible for any service interruptions or modifications due to regulatory changes, evolving local laws, new legal obligations, or modifications in third-party provider policies (e.g., Stripe, AWS, Agora). Smuppy Inc. reserves the right to modify or discontinue certain services due to legal constraints without any obligation for compensation or refunds to users.

Mitigation Measures: In the event of force majeure, Smuppy Inc. will make reasonable efforts to restore services as soon as possible. However, no specific resolution timeframe can be guaranteed.

27. 27. Official Language

In the event of any discrepancy between the French version and any other translation of these terms, the French version shall prevail.

Smuppy Inc. disclaims all liability for any misinterpretation or misunderstanding arising from a translated version of these terms.

28. 28. Contact

For any questions or concerns regarding these terms or the use of Smuppy, please contact us at:
Email: support@smuppy.com

General Terms of Sale (GTS)

1. 1. Description of Paid Services

Smuppy offers several premium services and monetization options:

Premium Subscriptions

• Access to verified accounts, providing increased credibility and visibility on the platform.
• Access to monetized streaming, allowing creators to share exclusive content with their fans.
• Personalized recommendations based on user activity and preferences.
• Integration with the interactive map, enhancing visibility for professionals and gyms.

The services and subscriptions are described within the application and may be modified by Smuppy Inc. at any time.

2. 2. Payment and Billing Terms

• Accepted payment methods: Credit card, Stripe.
• Automatic billing: Subscriptions are automatically renewed unless canceled by the user via account settings.
• Free trial: If a free trial is offered, the user will receive a notification 7 days before the end of the trial period. If not canceled, the paid subscription will be automatically activated.
• Payment security: All transactions are secured through Stripe.
• Renewal notification: A renewal alert is sent 3 days before each automatic renewal to inform the user of the upcoming charge.

All financial transactions conducted via Smuppy are processed by third-party providers (e.g., Stripe). Smuppy Inc. shall not be held responsible for technical issues, transaction errors, or delays in payment processing caused by these providers. Any dispute related to a transaction must be addressed directly to the relevant provider.

Any payment made implies full acceptance of these GTS.

3. 3. Right of Withdrawal and Refund Policy

• Withdrawal period: Users have 14 days to cancel a paid subscription, except when the service has been used immediately.

Refund Conditions:

• Paid subscriptions: Refund possible within 14 days only if the service has not been used. The request must be sent to support@smuppy.com.
• Digital content (streaming, premium services, peaks): No refunds after consumption of the content.
• Advertising & Sponsorships (ADS): No refunds after campaign approval and publication.
• Ongoing subscription cancellations: No refunds for previously paid subscription periods.

Refund requests must include proof of purchase and be submitted via the designated in-app form.

Consumer Protection Clause:
"Where required by local law, refund policies will comply with applicable consumer protection regulations."

Liability Disclaimer:
Smuppy Inc. disclaims all liability for any direct, indirect, or consequential financial loss resulting from the use of its services, including but not limited to, subscription mismanagement, payment processing issues, or user decisions.

4. 4. User Responsibilities and Obligations

• Users are responsible for all payments made through their account.
• Fraudulent use of services may result in account suspension.
• Smuppy Inc. is not responsible for transactions between users or creators' decisions regarding content access.
• Smuppy Inc. does not intervene in disputes between creators and fans unless there is a clear violation of the GTS.

Liability Disclaimer for Professional Services:
"Smuppy Inc. does not verify or endorse professional services offered on the platform and bears no responsibility for their quality, legality, or safety."

Liability Disclaimer for Technical Failures:
"Smuppy Inc. does not guarantee uninterrupted access to its services and shall not be held responsible for temporary disruptions due to updates, technical failures, cyberattacks, third-party service provider issues (e.g., Stripe, AWS, Agora), or any event beyond its control."

5. 5. Content Creator Compensation & Smuppy Commissions

Revenue distribution based on fan count:

• Payments to creators: Processed quarterly via Stripe.
• Taxes and transaction fees: Applicable according to the creator’s jurisdiction.

Tax Responsibility Clause:
"Creators are solely responsible for paying taxes applicable in their jurisdiction. Smuppy Inc. shall not be liable for any withholding taxes or additional fees imposed by financial institutions or local tax authorities."

6. 6. Suspension and Termination of Services

• Subscription cancellation: Users can unsubscribe at any time via their account settings.
• Suspension/termination:Smuppy Inc. reserves the right to suspend or terminate an account in case of non-compliance with these GTS.
• Progressive sanctions:Temporary suspension may precede permanent termination for minor infractions.

Suspended Subscription Clause:
Any suspension or termination of an account due to a GTS violation will not entitle the user to a refund for the remaining subscription period. In the event of a disputed suspension, users may request a review from Smuppy support. However, Smuppy Inc. retains the exclusive right to make the final decision.

7. 7. Jurisdiction and Dispute Resolution

• Governing law: These GTS are governed by the laws of Ontario, Canada.
• Competent court: In case of dispute, only the courts of Ontario (Canada) shall have jurisdiction.
• Preferred amicable resolution: Any claim must first be sent to support@smuppy.com before pursuing legal action.
• Response timeframe: A response will be provided within 15 business days before considering mediation or legal proceedings.

Binding Arbitration Clause:
"Any dispute arising from the use of Smuppy shall be subject to mandatory mediation before any legal action is initiated. If no amicable resolution is reached within 30 days, the dispute shall be submitted to binding arbitration in accordance with the arbitration rules of Ontario."

8. 8. Modifications to the GTS

Smuppy Inc. reserves the right to modify these GTS at any time.

User Opt-Out Clause:
"If a user disagrees with the updated General Terms of Sale, they may terminate their account before the new terms take effect. No refunds will be issued for payments made before termination. Continued use of Smuppy after the effective date of the new terms constitutes implicit acceptance."

Notice Period for Modifications:
"Any substantial modification to these GTS will be subject to a 15-day prior notice to users. After this period, continued use of the services will be considered acceptance of the new terms."

Content Protection Policy

1. 1. Intellectual Property and Copyright

All content available on the Smuppy platform, including but not limited to design, text, graphics, logos, videos, images, software, site architecture, and any other original creations, is the exclusive property of Smuppy Inc. and is protected by copyright and intellectual property laws applicable in Canada and internationally.

© 2025 Smuppy Inc. ™ | All rights reserved. Any reproduction, distribution, modification, or exploitation without prior written authorization from Smuppy Inc. is strictly prohibited.

2. 2. Trademarks and Logos

The name Smuppy, its logo, and any other associated trademarks are registered or pending trademarks belonging to Smuppy Inc. Any unauthorized use of these elements is prohibited and may result in legal action.

3. 3. User Content and License Rights

3.1. Content Published by Users

Smuppy allows users to publish content (texts, videos, images, etc.). By publishing content on the platform, the user guarantees:

• That they own all necessary rights to the content.
• That they do not violate any copyright, trademark, patent, or other intellectual property rights belonging to a third party.

Reinforced Liability Disclaimer:

Smuppy Inc. acts solely as a hosting platform and does not pre-screen user-generated content. Smuppy Inc. disclaims all liability for any unlawful, defamatory, infringing, or otherwise inappropriate content uploaded by users. Users are solely responsible for their content and any legal consequences arising from it.

User Responsibility

The user is solely responsible for the content they publish on Smuppy. In the event of a violation of third-party rights, Smuppy cannot be held responsible and reserves the right to remove any infringing content without prior notice.

3.2. License Granted to Smuppy

By publishing content on Smuppy, the user grants Smuppy Inc. a non-exclusive, worldwide, royalty-free, and transferable license to host, store, display, share, and promote this content within the platform’s services.

Smuppy does not sell or use user content for commercial purposes outside the platform.

4. 4. Usage Restrictions

The use of Smuppy content is strictly regulated:

• Copying is prohibited: Users may not copy, reproduce, or distribute any content without authorization.
• Modification is prohibited: Users may not modify or create derivative works from Smuppy content without written agreement.
• Commercial use is prohibited: Any commercial exploitation of Smuppy content without explicit consent is prohibited.

5. 5. Reporting Copyright Violations

If you believe that content on Smuppy infringes your copyright, you can submit a removal request by providing the following information:

1. A detailed description of the infringing content.
2. Proof of ownership of the copyright.
3. Your contact information (name, email address, phone number).
4. A statement indicating, in good faith, that the use of the content is unauthorized.

Send your request to: support@smuppy.com
We commit to processing requests within 15 business days.

6. 6. Penalties for Non-Compliance

Smuppy reserves the right to:

• Suspend or delete a user account in case of repeated violations of intellectual property rights.
• Take legal action in case of fraudulent use of content.

User Indemnification Clause:
Users agree to indemnify, defend, and hold harmless Smuppy Inc., its officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from their content, actions on the platform, or violations of these terms."

Right of Appeal

If a user believes that their content removal or account suspension was unjustified, they can submit a review request to support@smuppy.com within 30 days of the decision.

7. 7. Content Removal by the User

Users have the option to delete their content at any time via their account settings. However, some content (e.g., interactions with other users) may remain accessible if it was publicly shared or used in discussions.

If a user deletes their account, some content may be retained for legal or technical reasons.

Data Retention Clause:
Smuppy Inc. retains certain user content and account data after deletion only to comply with legal requirements, security concerns, or operational needs. Users may request data access or deletion by contacting support@smuppy.com , subject to applicable legal restrictions."

8. 8. Professional Content and Collaborations

Professional users (coaches, influencers, gyms) are subject to the same rules as other users regarding content publication. Any promotion, advertising, or monetization on Smuppy must comply with the platform’s Terms of Use.

Monetization & Professional Liability Waiver:

Smuppy Inc. does not guarantee any level of earnings or audience engagement for professional users. Smuppy Inc. reserves the right to suspend, limit, or remove monetization features at its sole discretion without prior notice. Smuppy Inc. shall not be liable for any loss of income, reputation, or business opportunities resulting from such decisions.

9. 9. Jurisdiction and Dispute Resolution

Binding Arbitration Clause:

Any dispute arising from the use of Smuppy shall be subject to mandatory mediation before any legal action is initiated. If no amicable resolution is reached within 30 days, the dispute shall be submitted to binding arbitration in accordance with the arbitration rules of Ontario."

Strengthened Consumer Protection Clause:

Where required by local law, refund policies will comply with applicable consumer protection regulations.

Notice Period for Modifications:

Any substantial modification to these terms will be subject to a 15-day prior notice to users. After this period, continued use of the services will be considered acceptance of the new terms.