These Terms of Service ("Terms") constitute a legally binding agreement between you and Da Birthday Club Limited ("Company," "we," "our," or "us") regarding your access to and use of the Smash App ("App"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
1. Eligibility
You must be at least 18 years old to use this App. By using the App, you represent and warrant that you are of legal age to form a binding contract and meet all eligibility requirements. We reserve the right to suspend or terminate accounts of users who do not meet these requirements.
2. Account Registration & Responsibility
You agree to provide accurate, complete, and truthful information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access or use of your account.
3. User Conduct
You agree NOT to use the App to:
- Post false, misleading, or fraudulent profile information
- Harass, threaten, abuse, defame, or intimidate other users
- Send unsolicited explicit content or spam
- Engage in sexual coercion, exploitation, or trafficking
- Impersonate another person or misrepresent your identity
- Upload non-consensual intimate images ("revenge porn")
- Attempt to hack, manipulate, or gain unauthorized access to the App
- Scrape, bot, or automate App functionality
- Violate any applicable laws or regulations
- Engage in fraud, phishing, or scamming
- Use the App for commercial purposes without authorization
4. Content Policy & Photo Moderation
All profile photos are automatically analyzed using OpenAI's content moderation system. We prohibit:
- Sexually explicit imagery (including genitalia, sexual acts)
- Non-consensual intimate images
- Images containing minors
- Graphic violence or gore
- Hate speech or discriminatory imagery
Violating the photo policy may result in immediate account suspension or permanent ban. If you believe a photo violates these rules, report it via the in-App reporting feature.
5. Match Expiration & 24-Hour Rule
All matches automatically expire 24 hours after being established. This means:
- You have 24 hours to communicate with your match and arrange to meet
- After 24 hours, the match and all associated messages are permanently deleted from the App
- You cannot reactivate an expired match
- Both users must be in the App to match again
This is by design and is not a technical glitch.
6. Safety & Consent
The App is designed to facilitate connections between consenting adults. You agree that:
- All activity facilitated through the App is consensual
- You are solely responsible for ensuring that any activity you engage in is legal in your jurisdiction
- We strongly recommend meeting in public places first and informing a trusted friend of your plans
- You use the built-in Uber integration for transportation when available
- You do not arrange meetings with minors (users are verified as 18+ upon registration)
We are not responsible for user behavior, safety incidents, or illegal activity that occurs outside the App. Report any concerning behavior to us immediately at team@smashapp.co.nz.
7. Payment Terms
The App offers a freemium model:
- Free: 3 free swipe sessions per day (limited swipes per session)
- Pay-Per-Session: Purchase additional swipe sessions at tiered prices (38, 60, or 82 swipes)
- Billing: Payments are processed through Stripe and charged to the payment method you provide
- No Subscriptions: We do not offer recurring subscriptions; all payments are one-time per session
8. Refund Policy
All payments are final and non-refundable unless required by law or as a remedy for a technical error. Refund requests must be submitted within 30 days of purchase with proof of payment.
9. Account Termination
We reserve the right to suspend or terminate your account at any time, with or without cause, including but not limited to:
- Violation of these Terms
- Harassment or abuse of other users
- Fake profiles or fraudulent information
- Illegal activity
- Payment fraud or disputes
Upon termination, your account data and all associated content will be deleted in accordance with our Privacy Policy.
10. Disclaimers & Limitation of Liability
AS-IS BASIS: The App is provided "as is" without warranty of any kind, express or implied. We make no warranty regarding the accuracy, reliability, or completeness of user profiles or the suitability of potential matches.
NO GUARANTEE OF MATCHES: We do not guarantee that you will find matches or that any matches will result in meetings. The App's matching algorithm is at our discretion.
THIRD-PARTY SERVICES: The App integrates with third-party services (Stripe, Sumsub, OpenAI, Uber). We are not responsible for their performance, security, or compliance. Use of these services is governed by their respective terms and privacy policies.
LIABILITY CAP: To the maximum extent permitted by law, we are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the App, including but not limited to loss of data, revenue, or profits.
11. Indemnification
You agree to indemnify and hold harmless Da Birthday Club Limited, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the App, violation of these Terms, or infringement of others' rights.
12. Intellectual Property
The App, including its design, features, and content, are owned by Da Birthday Club Limited and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or modify the App without our written permission.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of the jurisdiction of New Zealand, without regard to conflicts of law principles. Any disputes shall be resolved through binding arbitration or small claims court, at our discretion. You waive the right to a jury trial.
14. Changes to Terms
We may update these Terms from time to time. We will notify you of significant changes via in-App notification or email. Continued use of the App constitutes acceptance of updated Terms.
15. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede all prior agreements and understandings.
16. Contact Us
If you have questions about these Terms or wish to report a violation, contact us at:
Da Birthday Club Limited
Email: team@smashapp.co.nz
Website: smashapp.co.nz
These Terms are effective as of April 1, 2026, and supersede all previous versions.