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Binding Legal Agreement

Terms &
Conditions

Effective: May 2026
Last Updated: May 19, 2026
Jurisdiction: United States
⚠️

Legal Disclaimer: These Terms and Conditions constitute a binding legal agreement between you and Smitle, Inc. This is not a substitute for legal counsel. Please consult with a qualified attorney to ensure full compliance and suitability for your jurisdiction.

Contents

  1. Acceptance of Terms
  2. Eligibility & Account
  3. Use of Services
  4. Gift Boxes & User Content
  5. Third-Party & Affiliate Links
  6. Payments & Transactions
  7. Intellectual Property
  8. Disclaimer of Warranties
  9. Limitation of Liability
  10. Indemnification
  11. Termination
  12. Modifications
  13. User Privacy & Data
  14. Governing Law & Disputes
  15. Contact Information
1

Acceptance of Terms

By accessing, visiting, or using Smitle in any manner — including viewing content, registering an account, making purchases, creating gift boxes or wishlists, or engaging with other users — you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

Important

If you do not agree to these terms, you are not authorized to use our Services. Your use of Smitle constitutes your acceptance of these terms, including any modifications we make from time to time.

2

Eligibility and Account Registration

By using Smitle, you represent and warrant that you are at least 18 years of age or the legal age of majority in your jurisdiction, and that you have the legal capacity to enter into a binding contract. If you are under 18, you may only use Smitle with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

When you create an account, you agree to provide accurate, current, and complete information and to keep this information updated. You are responsible for maintaining the confidentiality of your password and account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized access at [email protected].

3

Use of Services

Smitle grants you a limited, non-exclusive, revocable, and non-transferable license to access and use our Services for lawful, non-commercial personal purposes only. You may not use our Services in any manner that:

  • Violates any applicable law, statute, ordinance, or regulation
  • Infringes upon the intellectual property rights of Smitle or any third party
  • Transmits malware, viruses, worms, or any code of destructive nature
  • Engages in harassment, bullying, threatening, or abusive conduct
  • Impersonates any person or entity or misrepresents your identity
  • Collects or harvests data about other users without consent
  • Attempts to gain unauthorized access to our systems or data
  • Interferes with the operation or security of our Services
  • Sells, resells, or exploits our Services for any commercial purpose without written consent
  • Uses automated tools, bots, scrapers, or similar technology to access our Services
4

Gift Boxes, Wishlists, and User-Generated Content

When you create a gift box, wishlist, or other content on Smitle, you retain ownership of your content, but you grant Smitle a worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, distribute, and display your content in connection with operating and improving our Services.

You represent and warrant that your content does not infringe upon any third party's intellectual property rights, does not contain defamatory or libelous material, and complies with all applicable laws. You agree that any information shared with other users through wishlists or group gifting is at your own risk, and Smitle is not responsible for how others use this information.

Smitle reserves the right to remove, edit, or refuse to display any content that violates these Terms or is illegal, offensive, or harmful.

5

Third-Party Links and Affiliate Products

Smitle may display links to third-party websites, product recommendations, and affiliate partnerships, including Amazon and other retailers. We do not control, endorse, or assume responsibility for the content, policies, or practices of any third-party website or merchant.

Amazon Associates Disclosure

As an Amazon Associate, Smitle earns from qualifying purchases made through our Amazon affiliate links. Smitle may earn affiliate commissions when you click through our links and make a purchase. This does not result in any additional cost to you.

We are not responsible for product availability, pricing, delivery, quality, returns, refunds, or customer service provided by third-party merchants. Any disputes regarding third-party purchases should be directed to the merchant, not Smitle.

6

Payments and Transactions

All payments for Services are processed through secure third-party payment providers. You agree to provide accurate payment information and authorize us to charge your payment method for the Services you purchase. Smitle does not directly store or process credit card information; this is handled by our payment processors in compliance with Payment Card Industry Data Security Standards (PCI-DSS).

All prices are subject to change without notice. Billing charges are non-refundable except where required by law or as expressly stated in our refund policy. You are responsible for paying all applicable federal, state, and local taxes, fees, and charges associated with your use of our Services.

7

Intellectual Property Rights

All content, features, functionality, design, graphics, text, images, videos, music, logos, trademarks, and software of Smitle are the exclusive property of Smitle, Inc. or our content providers and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, or publicly display any Smitle content without prior written permission from Smitle. The Smitle name, logo, and trademarks are our property. You are not permitted to use these trademarks without our express written consent. All rights not expressly granted herein are reserved by Smitle.

8

Disclaimer of Warranties

SMITLE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SMITLE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMITLE DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK.
9

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMITLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES. THE TOTAL LIABILITY OF SMITLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID SMITLE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10

Indemnification

You agree to indemnify, defend, and hold harmless Smitle, its officers, directors, employees, and agents from any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of our Services
  • Your violation of these Terms and Conditions
  • Your content
  • Your violation of any applicable law or third party's rights
  • Your actions or conduct in connection with Smitle

Smitle reserves the right to assume the exclusive defense of any indemnification claim.

11

Termination of Account and Services

You may terminate your account at any time by contacting us at [email protected] or through your account settings. Smitle may suspend or terminate your account at any time, with or without cause, and with or without notice, if we determine you have violated these Terms, engaged in illegal activity, or otherwise violated our policies.

Upon termination, your access to Smitle will cease immediately. Smitle may delete your account data, wishlists, and content without liability if terminated for violation of these Terms. Sections that by their nature should survive termination shall remain in effect.

12

Modifications to Terms and Services

Smitle reserves the right to modify these Terms and Conditions at any time. We will provide notice of material changes by posting the updated terms on this page with a new effective date. Your continued use of Smitle after modifications constitutes your acceptance of the revised Terms.

Smitle may also modify, suspend, or discontinue any portion of our Services without notice. We are not responsible for any disruption or loss resulting from our modifications or discontinuation of Services.

13

User Privacy and Data

Your use of Smitle is subject to our Privacy Policy, which is incorporated by reference into these Terms and Conditions. Please review our Privacy Policy to understand our privacy practices regarding the collection, use, and disclosure of your personal information.

14

Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of the United States and applicable federal statutes. Before initiating litigation, you agree to attempt to resolve any disputes informally by contacting Smitle with a detailed description of the issue.

  • If informal resolution fails, disputes shall be submitted to binding arbitration under American Arbitration Association (AAA) rules.
  • Arbitration shall be conducted in the United States, in a location mutually agreed upon.
  • You agree to waive any right to jury trial and class action litigation.
  • Any arbitration shall be conducted on an individual basis — you may not pursue claims on behalf of others.
  • If the arbitration provision is found unenforceable, claims shall be brought in a U.S. court of competent jurisdiction.
17

Contact Information

If you have questions, concerns, or complaints regarding these Terms and Conditions, or if you wish to report a violation, please contact us:

Smitle Legal

  • Email[email protected]
  • Websitewww.smitle.com

Acknowledgment

By using Smitle, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you are not authorized to use our Services.

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