SHMUZY requires that you carefully read and agree to the following Terms and Conditions before using any SHMUZY software applications, websites and services. By accessing, browsing, or using SHMUZY websites or using any SHMUZY software applications or services, you accept and are bound by these Terms and Conditions. This document is subject to change by SHMUZY at any time. Use of SHMUZY software applications, websites and services after changes or modifications to these Terms and Conditions shall be deemed to constitute acceptance of such changes or modifications.
If you do not agree to these Terms and Conditions, you are not authorized to access or use SHMUZY software applications, websites and services, and you are to cease using our software applications, websites and services.
SHMUZY websites and software applications must be downloaded and accessed by individuals 18 years of age or older or children under supervision of an adult. Children accessing any SHMUZY website or using any SHMUZY software applications or services under this agreement must use them under adult supervision.
In accepting these Terms and Conditions, you agree to not use SHMUZY applications, websites or services in connection with the following prohibited uses:
SHMUZY reserves the right to determine in its sole discretion, whether a user has used the SHMUZY software applications, websites or services in an impermissible way. SHMUZY also reserves the right to terminate access to SHMUZY software applications, websites or services for any user SHMUZY determines is using the software application, websites and services for violation of any of the above or in a way deemed unfit. SHMUZY may or may not notify you before taking such action against you.
SHMUZY owns various copyrights in its software applications and websites, including in the text, software, computer code, photos, video, graphics, music and sound included and provided with the SHMUZY software applications and websites. Nothing in this agreement shall be construed as giving any user the permission to use or create derivative works of anything included in its software applications and websites. No copying, redistribution, retransmission, publication, exploitation (commercial or non-commercial) of the SHMUZY software applications, any SHMUZY websites and any related material is permitted without the express written permission of SHMUZY. Portions of the SHMUZY software applications and websites are protected by copyright, trade dress, trademark, and other state and federal laws. The SHMUZY software applications, websites and related materials may not be copied or imitated in whole or in part, by any means. SHMUZY holds trademark rights in the SHMUZY name. Nothing in this agreement shall be construed as granting by license, implication, estoppel or otherwise, any license or right to use any service mark or trademark owned or used by SHMUZY.
SHMUZY respects the intellectual property of others and expects that its users will do the same. If you are a copyright holder and believe that a SHMUZY software application or website is being used to infringe a copyright or includes items infringing your copyright, please provide a notice of alleged infringement to SHMUZY at dmca@shmuzy.com. The notice must include your name, email address, phone number, address, and any associated affiliation (for example, a rights holder’s name). You should also identify each instance of allegedly infringing content. You should also include the following statements in your notice:
Shmuzy built the Shmuzy app as a Freemium app. This SERVICE is provided by Shmuzy at no cost and is intended for use as is. This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service. If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy. The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which are accessible at Shmuzy unless otherwise defined in this Privacy Policy.
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Name, number, photos, media, text, video, audio and contact list.. The information that we request will be retained by us and used as described in this privacy policy. The app does use third-party services that may collect information used to identify you. Link to the privacy policy of third-party service providers used by the app
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third-party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Shmuzy needs access to your contacts so that you can connect with your friends across all your devices. Your contacts will be continuously synced with Shmuzy heavily encrypted cloud servers.
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory. This Service does not use these “cookies” explicitly. However, the app may use third-party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
We may employ third-party companies and individuals due to the following reasons:
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do the necessary actions. We are concerned with privacy of all and the safety of children who access the Internet. Consistent with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), we never request personally identifiable information from any user and, in particular, users under the age of 13. If we believe a user under the age of 13 has somehow provided us with information, we will use our best effort to remove such information from our records. If a parent or guardian becomes aware their child has given us such information, contact us at privacy@shmuzy.com
We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. This policy is effective as of 2022-11-25
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at privacy@shmuzy.com
Charges. If there is a charge associated with the SHMUZY application, website or service, you agree to pay that charge. If the SHMUZY application, website or service is free to access or download, there may still be charges for additional content, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your settings or preferences. Certain computers, hardware or devices may keep you logged on for a period of time after you make a purchase. This may allow a user to incur charges without re-authorizing the transaction. This is a function of the software of these certain devices and software and not within our control. Prices for accessing, downloading and/or using the SHMUZY application, website or services exclude all applicable taxes, unless stated otherwise. You may incur charges incidental to using the SHMUZY application, website or services even if it is free to access, download and run the SHMUZY application, website or services, for example, charges for internet access, text messaging, and data transmission). You are solely responsible for the payment of taxes and incidental charges related to your use of the SHMUZY application, website or services. Any amounts additional content, virtual items and virtual currency are non-refundable.
Premium Content Fees. SHMUZY offers certain enhanced features which you can purchase access to Premium Content, such as exclusive channels, media, hosted discussions, live presentations, podcasts and the like, referred to herein as “Premium Content”. A description of features associated with Premium Content is available at the time of promotion of the Premium Content. When you purchase access to Premium Content (each, a “Transaction” for a Premium Content), SHMUZY will ask you to supply information relevant to the Transaction, such as your credit card number or payment account identifier, the expiration date of your credit card, your billing address, or other information needed to verify the Transaction (the “Payment Information”). You represent and warrant that you have the legal right to use the payment method represented by the Payment Information. The amounts due and payable by you for a Transaction for Premium Content through the SHMUZY application will be presented to you before you place your order. If you choose to initiate a Transaction to access Premium Content, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction. By doing so, you agree: (a) that you will pay any applicable fees and taxes; (b) that SHMUZY may charge your credit card or third-party payment processing account, including, but not limited to, your account with the app store or distribution platform where the SHMUZY application is made available, such as the Apple App Store, Google Play or the Amazon Appstore (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) that you will bear any additional charges your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your Special Event order. Upon your entering into the Transaction, SHMUZY will send you an email confirming the payment for your Premium Content order. All payments made are non-refundable and non-transferable. If you have any concerns or objections regarding charges for Transactions, you agree not to cancel or reject any credit card or third-party payment processing charges for Premium Content. Transactions for Premium Content orders that are handled by an App Provider may be billed by the App Provider and, if so, are subject to the terms and conditions of the App Provider. SHMUZY reserves the right to not process or to cancel your Premium Content order in certain circumstances, such as, for example, if your credit card is declined, if we suspect the order is fraudulent, or in other circumstances SHMUZY deems appropriate in its sole discretion. SHMUZY reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Premium Content order. SHMUZY may request that you provide additional information to verify your identity or payment method before completing your Transaction (such information is included within the definition of Payment Information). SHMUZY will either not charge you or refund the charges for orders that cannot be completed or that are cancelled, as appropriate.
In-App Purchases - Virtual Currency and Virtual Goods. The SHMUZY application, website or services may include "virtual currency," consisting of coins, tokens, points or similar items that may be earned or obtained through the SHMUZY application, website or services or otherwise purchased by you using actual (“real world”) currency, subject to applicable law. The SHMUZY application, website or services may also include "virtual goods," consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the SHMUZY application, website or services or otherwise purchased by you using actual or virtual currency, subject to applicable law. We manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the SHMUZY application and website, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the SHMUZY application and website. Also, outside of the SHMUZY application and website, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to anyone. You agree that all sales of virtual currency and virtual goods are final and non-refundable. You agree that in the event that your SHMUZY account or the SHMUZY application and website is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the SHMUZY application and website, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.
LINKS TO OTHER SITES. The SHMUZY application and website may connect to certain third-party websites or online networks, collectively, "Third Party Sites". These Third-Party Sites have not necessarily been reviewed by SHMUZY and are owned, controlled and/or maintained solely by third parties over whom SHMUZY exercises no control. Your correspondence or any other dealings with third parties found through any Third-Party Sites on the SHMUZY application and website is solely between you and such third party. Accordingly, SHMUZY expressly disclaims and shall not have any liability or responsibility for any Third-Party Sites.
SHMUZY provides no warranties regarding its software applications, web sites and services. Software applications, web sites and services provided by SHMUZY are downloaded, accessed and used on an “as is” basis. The user is required to read the instructions and use software applications, web sites and services properly and for their intended purpose. Adult supervision is always required for download, access and use of SHMUZY software applications, SHMUZY websites and SHMUZY services. SHMUZY makes no representation or warranty of any kind that the SHMUZY software applications, websites and services will run continuously, be available at all times, will run without error or will continue to be operational in perpetuity. SHMUZY reserves the right to discontinue at any time its software applications, websites or service partially or in their entirety. SHMUZY will use its best efforts to post information about any feature and functionality changes and terminations to its websites.
SHMUZY provides no warranties regarding its software applications, web sites and services. Software applications, web sites and services provided by SHMUZY are downloaded, accessed and used on an “as is” basis. The user is required to read the instructions and use software applications, web sites and services properly and for their intended purpose. Adult supervision is always required for download, access and use of SHMUZY software applications, SHMUZY websites and SHMUZY services. SHMUZY makes no representation or warranty of any kind that the SHMUZY software applications, websites and services will run continuously, be available at all times, will run without error or will continue to be operational in perpetuity. SHMUZY reserves the right to discontinue at any time its software applications, websites or service partially or in their entirety. SHMUZY will use its best efforts to post information about any feature and functionality changes and terminations to its websites.
You agree that your use of SHMUZY software applications, websites and services shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement will be resolved in state courts in Los Angeles, California or Federal Courts of the Central District of California in Los Angeles, California, to whose jurisdiction you consent. In any litigation brought in connection with the SHMUZY software applications, websites and services, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by the prevailing party. Except to the extent prohibited by applicable law, any claim or cause of action arising out of or related to SHMUZY software applications, websites and services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA. a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons. h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.