TERMS AND CONDITIONS
Welcome to SmoothLynk. These Terms and Conditions apply between you and us:
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Symp UG (haftungsbeschränkt)
Birkenstr. 14
67067 Ludwigshafen
Germany
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Contents:
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Acceptance of Terms
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Eligibility
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Safety
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Modification of Our Services
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Account and Termination
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Purchases
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Third-Party Services
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Disclaimers
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Limitation of Liability
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Intellectual Property Rights
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Contact
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1. Acceptance of Terms
By creating an account with SmoothLynk, you agree to be bound by these Terms and Conditions, our Privacy Policy, and any additional terms disclosed to you when you purchase products or services offered through our Service. If you do not accept all the terms of this agreement, please do not use our Service.
We reserve the right to make changes to this agreement and our Service from time to time. The current version is always the version that is in effect. If the changes include significant modifications that affect your rights or obligations, we will notify you at least 30 days in advance in an appropriate manner (unless we are unable to do so under applicable law), such as through notifications via the Service. If you continue to use the Service after the changes become effective, you agree to the revised agreement.
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2. Eligibility
You must be at least 18 years old to use the Service, and you must not be legally prohibited from using the Service. You agree to comply with the law and represent that you have not committed any crime and are not a registered sex offender.
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3. Safety
SmoothLynk is not responsible for the conduct of users within or outside the Service. You agree to proceed with caution in all interactions with other users, especially if you decide to communicate outside the Service or meet users in person. You agree not to disclose financial information (e.g., your credit card or bank account details) to other users or send money to them by transfer or otherwise. You are solely responsible for your interactions with other users. You are aware that SmoothLynk does not conduct criminal background checks on its users or otherwise inquire about the background of its users. SmoothLynk makes no representations or guarantees regarding the conduct or compatibility of users.
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4. Modification of Our Services
We may modify the Services at any time or discontinue them entirely.
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5. Account and Termination
You agree to keep your account secure and confidential.
You can terminate your account under "Settings," and we reserve the right to terminate it for you if you violate this agreement or if we consider your use of the Service inappropriate.
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6. Purchases
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General
SmoothLynk may offer products or services for purchase ("In-App Purchases") through the App Store or Google Play Store. If you choose an In-App Purchase, you will be prompted to confirm your purchase with the respective payment provider, and your payment method will be charged for the In-App Purchase at the prices displayed for the services you select, plus any applicable value-added tax or similar taxes that may be imposed on your payments, and you authorize the third-party provider, if applicable, to charge the corresponding fee.
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Automatic Renewal
If you purchase an automatically recurring, regular subscription through an In-App Purchase, your payment method will be continuously charged for the subscription until you cancel. After your initial subscription commitment period and again after each subsequent subscription period, your subscription will automatically continue for a corresponding period at the price you agreed to when subscribing.
Objections to a payment already made must be directed to the corresponding third-party account such as the App Store. You can also object by contacting your payment service, which can provide you with further information about your rights and applicable deadlines. You can unconditionally revoke your consent to automatic card payments at any time in the corresponding third-party provider's account. However, we would like to point out that you remain obligated to pay any outstanding amounts.
If you want to change or terminate your subscription, you must log into your third-party provider account and follow the instructions to end or cancel your subscription, even if you have deleted your account with us or removed the SmoothLynk app from your device. Deleting your SmoothLynk account or deleting the SmoothLynk app from your device does not terminate or cancel your subscription; SmoothLynk retains all funds charged to your payment method until you terminate or cancel your subscription through your third-party provider account, as applicable. If you terminate or cancel your subscription, you can use your subscription until the end of the current subscription period, and your subscription will not renew when the period expires.
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Virtual Items
You may purchase or receive a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items," which are so-called "Lynks" that can be used to communicate interest in other users. Any balances for virtual items displayed in your account do not represent actual balances or reflect stored value but capture the extent of your license. There is no fee for non-use of virtual items; however, the license granted to you for virtual items ends according to the provisions of this agreement when SmoothLynk ceases to provide the Service or your account is otherwise closed or terminated. SmoothLynk reserves the right, at its sole discretion, to charge fees for access to or use of virtual items and may provide virtual items with or without a fee. SmoothLynk may manage, regulate, control, modify, or remove virtual items at any time. SmoothLynk is not liable to you or any third party if SmoothLynk exercises any of these rights. Virtual items can only be redeemed through the Service. Any purchases and redemptions of virtual items made through the Service are final and non-refundable. The provision of virtual items for use within the Service is a service that begins immediately upon acceptance of your purchase of such virtual items. You acknowledge that SmoothLynk is not obligated to refund virtual items for any reason and that you will not receive money or other compensation for unused virtual items when an account is closed, whether such closure was voluntary or involuntary.
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Refunds
Generally, all fees for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offer is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
As a subscriber residing in the EU or the European Economic Area, you are entitled to a full refund, without having to provide reasons, within 14 days of the start of the subscription, in accordance with local laws. Please note that this 14-day period begins with the start of the subscription.
Purchases of virtual items are final and non-refundable.
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Requesting Refunds
If you completed a purchase using your Apple ID, refunds are processed through Apple, not SmoothLynk. To request a refund, go to the App Store, click on your Apple ID, select "Purchase History," find the transaction, and press "Report a Problem." You can also submit a request via https://getsupport.apple.com.
If you completed a purchase using your Google Play Store account: Contact customer support with your Google Play Store order number (you can find the order number in the order confirmation email or by logging into Google Wallet). If you exercise your right to cancel (except for purchases made through your Apple ID, which are regulated by Apple), we will refund (or request Google to refund) all payments we have received from you immediately and in any case within 14 days of receiving your contract cancellation. The refund will be made using the same payment methods you used in the original transaction. In no case will you be charged fees due to the refund.
If you completed a purchase through a payment platform not listed above, please request a refund directly from the third-party provider through which you made the purchase.
You cannot cancel an order for the provision of digital content that is not delivered on a physical data carrier if the order processing has begun with your express prior consent and confirmation that you thereby lose your right of withdrawal. This applies, for example, to purchases of virtual items. This means: These purchases are final and non-refundable.
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7. Third-Party Services
The Service may contain advertisements and promotions offered by third parties, as well as links to other websites or Internet resources. SmoothLynk is not responsible for the availability (or lack of availability) of such external websites or Internet resources. If you decide to interact with third parties through our Service, their relationship with you is subject to the terms of these third parties. SmoothLynk is not responsible or liable for the terms or actions of these third parties.
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8. Disclaimers
SmoothLynk provides the Service without warranty and in the available form and to the extent permitted by applicable law, and does not grant any warranties of any kind, whether express, implied, statutory, or otherwise with respect to the Service, including, but not limited to, any implied warranty of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. SmoothLynk does not represent or guarantee that our Service will be uninterrupted, secure, or error-free, that any defects or errors in the Service will be corrected, or that content or information you receive on or through our Service is correct.
SmoothLynk assumes no responsibility for content posted by you, other members, or third parties via our Service. Access to any material downloaded or otherwise obtained through the use of our Service is at your own discretion and risk.
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9. Limitation of Liability
To the maximum extent permitted by applicable law, SmoothLynk assumes no liability for indirect, exemplary, incidental, special, or extended damages, as well as consequential or punitive damages, including, but not limited to, lost profits, whether directly or indirectly caused, or data loss, loss of goodwill, loss of use, or other intangible losses resulting from: (a) your use of or access to our Services or your inability to use our Service, (b) the conduct or content of other users or third parties in connection with the use of our Service; or (c) unauthorized access, use, or alteration of your content, even if SmoothLynk has been advised of the possibility of such damages. In no event will SmoothLynk's total liability to you in respect of all claims related to the Service exceed the amount paid by you, if any, to SmoothLynk for our Service and $100 while you have an account.
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10. Intellectual Property Rights
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Ownership
SmoothLynk and its licensors own all rights, title, and interest in and to the Service, including all intellectual property rights therein. The SmoothLynk name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SmoothLynk or its affiliates or licensors. You may not use such marks without the prior written permission of SmoothLynk.
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License to Use Our Service
Subject to your compliance with these Terms, SmoothLynk grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.
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Restrictions
You agree not to, and will not permit any third party to:
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Modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the Service
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Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices from the Service
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Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service
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Rent, lease, lend, sell, redistribute, or sublicense the Service
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Use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service
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Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service
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Use the Service for any purpose that is illegal or prohibited by these Terms
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User Content
You retain all rights in and to the content you create, post, or share on or through the Service ("User Content"). By creating, posting, or sharing User Content on or through the Service, you grant SmoothLynk a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and SmoothLynk's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
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Copyright Policy
SmoothLynk respects the intellectual property of others and asks users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
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A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
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Identification of the copyrighted work claimed to have been infringed
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed
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Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address
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A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
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A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
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11. Contact
By email: support@smoothlynk.com
By mail:
Symp UG (haftungsbeschränkt)
Birkenstr. 14
67067 Ludwigshafen
Germany
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