Smuppy

Terms and Conditions of Use

Version: 1.0 | Effective Date: February 1, 2026 | Last Updated: February 1, 2026

Smuppy Inc.
603 Gazebo Street, Manotick, Ontario K4M 0B5, Canada
Email: support@smuppy.com

Welcome to Smuppy, the platform dedicated to connecting fitness, wellness, and sports enthusiasts! These Terms and Conditions ("Terms") govern your access to and use of Smuppy's services, including our mobile application, website, and related features (collectively, the "Platform").

By accessing or using Smuppy, you agree to be bound by these Terms. If you do not agree, please do not use our Platform.

1. Acceptance of Terms

1.1 Agreement

By accessing or using Smuppy, you acknowledge that you have read, understood, and agree to be bound by these Terms. This agreement is effective upon your first use of the Platform.

1.2 Eligibility

You must be at least 16 years old to use Smuppy. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the Platform. We reserve the right to request proof of age or parental consent at any time.

1.3 Updates to Terms

We may modify these Terms from time to time. If we make material changes, we will notify you via email or in-app notification at least 30 days before the changes take effect. Your continued use of Smuppy after the effective date constitutes acceptance of the updated Terms. If you disagree with the changes, you may terminate your account before the new Terms take effect.

2. Definitions

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

3.2 Account Types

Smuppy offers two types of accounts:

3.3 Account Security

You are responsible for all activities that occur under your account. Smuppy Inc. is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

3.4 Account Verification

We may use identity verification services (such as Stripe Identity) to verify your identity, particularly for Professional Accounts and monetization features. By using these features, you consent to this verification process.

4. Acceptable Use

4.1 General Conduct

You agree to use Smuppy in compliance with all applicable laws and these Terms. You will not:

4.2 Prohibited Content

The following content is strictly prohibited:

4.3 Enforcement

Smuppy reserves the right to:

5. User Content

5.1 Ownership

You retain ownership of all User Content you create and share on Smuppy. However, by posting content, you grant Smuppy Inc. a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, distribute, and promote your content in connection with the Platform and its services.

5.2 Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

5.3 Content Removal

You may delete your content at any time through your account settings. Some content (such as messages sent to others or content shared in group discussions) may remain visible to recipients even after deletion.

5.4 License Termination

The license you grant to Smuppy terminates when you delete your content or account, except for content that has been shared with others, used in promotional materials, or is required to be retained for legal purposes.

6. Professional Accounts and Services

6.1 Professional Account Requirements

Professional users (coaches, gyms, trainers, athletes) must:

6.2 Services Offered by Professionals

Smuppy acts solely as a platform connecting users with professionals. We do not:

6.3 Disclaimer

Any services, advice, or recommendations provided by professional users are not endorsed by Smuppy Inc. Users engage with professionals at their own risk. Smuppy Inc. is not liable for any disputes, injuries, or damages arising from interactions with professional accounts.

7. Live Streaming and Monetization

7.1 Streaming Features

Smuppy may offer live streaming features powered by third-party services (such as Agora). Use of streaming features is subject to additional terms and eligibility requirements.

7.2 Monetization

Professional accounts may be eligible for monetization features, including paid subscriptions and streaming revenue. Monetization is subject to:

7.3 Payment Processing

All payments are processed by third-party payment providers (such as Stripe). Smuppy Inc. is not responsible for payment processing errors, delays, or disputes. Users must address payment issues directly with the payment provider.

7.4 Taxes

Users are solely responsible for any taxes applicable to their earnings or transactions on Smuppy. Smuppy Inc. does not provide tax advice and is not responsible for withholding or reporting taxes on your behalf.

8. Subscriptions and Purchases

8.1 Paid Services

Smuppy may offer premium subscriptions and paid features. By purchasing a subscription, you agree to pay all applicable fees.

8.2 Billing

8.3 Cancellation

You may cancel your subscription at any time through your account settings or the App Store/Google Play. Cancellation takes effect at the end of the current billing period.

8.4 Refunds

Fees are generally non-refundable except:

8.5 Consumer Rights

For users in the European Union: You have a 14-day right of withdrawal from digital purchases. By requesting immediate access to digital content, you acknowledge that you may lose this right once the content is accessed.

9. Intellectual Property

9.1 Smuppy's Intellectual Property

The Smuppy name, logo, design, features, and all related intellectual property are owned exclusively by Smuppy Inc. and protected by copyright, trademark, and other intellectual property laws.

9.2 Restrictions

You may not:

9.3 Feedback

Any feedback, suggestions, or ideas you submit to Smuppy may be used by us without compensation or attribution to you.

10. Privacy and Data Protection

10.1 Privacy Policy

Your use of Smuppy is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using Smuppy, you consent to our data practices as described in the Privacy Policy.

10.2 Data Protection Compliance

Smuppy Inc. is committed to complying with applicable data protection laws, including:

10.3 Biometric Data

If you use biometric authentication features (Face ID, Touch ID), this data is processed locally on your device and is not stored on Smuppy's servers.

11. Third-Party Services

11.1 Third-Party Integrations

Smuppy integrates with third-party services including:

11.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. Smuppy is not responsible for the practices of third-party providers.

11.3 External Links

Smuppy may contain links to external websites. We do not control or endorse these sites and are not responsible for their content or practices.

12. Disclaimer of Warranties

12.1 "As Is" Service

SMUPPY IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 No Guarantees

We do not guarantee that:

12.3 Fitness Disclaimer

Smuppy does not provide medical advice. Content on the Platform, including advice from professional users, should not replace consultation with qualified healthcare professionals. Always consult a doctor before starting any fitness program.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMUPPY INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL.

13.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF SMUPPY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS GREATER.

13.3 Exceptions

Nothing in these Terms excludes or limits our liability for:

13.4 Consumer Rights

These limitations do not affect your statutory rights as a consumer under applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Smuppy Inc., its officers, directors, employees, and affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

15. Account Termination

15.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination:

15.2 Termination by Smuppy

We may suspend or terminate your account if:

15.3 Effect of Termination

Upon termination, your right to use Smuppy ends immediately. Sections of these Terms that should survive termination (such as intellectual property, limitation of liability, and indemnification) will remain in effect.

16. Dispute Resolution

16.1 Informal Resolution

Before initiating any legal proceeding, you agree to contact us at support@smuppy.com to attempt to resolve the dispute informally. We will respond within 15 business days.

16.2 Mediation

If informal resolution fails, the parties agree to attempt mediation before pursuing litigation. Mediation costs will be shared equally unless otherwise agreed.

16.3 No Mandatory Arbitration

Smuppy does not require mandatory arbitration. You retain the right to pursue claims in court. Nothing in these Terms prevents you from filing a complaint with a regulatory authority.

16.4 Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

16.5 Jurisdiction

Any disputes that cannot be resolved through mediation shall be submitted to the exclusive jurisdiction of the Superior Court of Justice of Ontario, sitting in Ottawa, Canada.

16.6 Consumer Rights

If you are a consumer in the European Union, United Kingdom, Quebec (Canada), Australia, Brazil, or other jurisdiction with mandatory consumer protection laws, nothing in this section limits your right to:

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Smuppy Inc.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

Smuppy Inc. is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, cyberattacks, labor disputes, or government actions.

17.6 Language

These Terms are available in multiple languages. In the event of any discrepancy between the English version and any translation, the English version shall prevail, except where prohibited by local law.

18. Platform Disclaimer

Apple Inc. and Google LLC are not sponsors, partners, or endorsers of Smuppy. All inquiries, complaints, and support requests must be directed to Smuppy Inc., not to Apple or Google.

19. Contact Us

If you have any questions about these Terms, please contact us:

Smuppy Inc.
603 Gazebo Street, Manotick, Ontario K4M 0B5, Canada
Email: support@smuppy.com

© 2026 Smuppy Inc. All rights reserved.