Terms of Service

SMASH APP – TERMS OF USE

Contact: [email protected]

These Terms of Use (the "Terms") govern your access to and use of the Smash App mobile application, website, and related services (collectively, the "App" or "Service"), which are operated by Da Birthday Club Limited, trading as Smash App, a company incorporated in New Zealand ("Smash App", "we", "us" or "our").

By creating an account on, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

1. DEFINITIONS

1.1 "Account"

means a registered user account created on or through the App.

1.2 "User", "you" or "your"

means any individual who accesses or uses the App.

1.3 "Smash Match"

means the live one-to-one matching functionality made available via the App, involving time-limited profile reveals and chats.

1.4 "Rondevuu"

means any event, meetup, or gathering created, published, managed, or joined through the App, including any related stories, posts, videos, or other materials.

1.5 "User Content"

means any content, data, information, materials, text, images, photographs, videos, audio, communications, or other content submitted, uploaded, posted, transmitted, or otherwise made available by a User via the App.

1.6 "Affiliates"

means any entity that directly or indirectly controls, is controlled by, or is under common control with Da Birthday Club Limited.

2. ELIGIBILITY AND AGE RESTRICTIONS

2.1 Adults Only (18+)

The App is intended solely for individuals who are 18 years of age or older. By accessing or using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts.

2.2 No Use by Minors

We do not knowingly permit persons under 18 to create an Account or use the App. If we become aware that an Account has been created by a person under 18, we will immediately suspend or terminate the Account and may report the matter to law enforcement and relevant authorities as required by law.

2.3 Zero Tolerance for Minor Exploitation

Any attempt to use the App to contact, groom, exploit, or otherwise target persons under 18 is strictly prohibited and will result in immediate account termination and reporting to law enforcement. We operate a zero-tolerance policy for any conduct involving minors.

2.4 Compliance with Laws

You are solely responsible for ensuring that your access to and use of the App is lawful in the jurisdiction where you access or use the App.

3. ACCEPTANCE OF TERMS

3.1 Binding Agreement

These Terms constitute a legally binding agreement between you and Smash App governing your use of the App.

3.2 Updates to Terms

We may amend or modify these Terms from time to time. When we do so, we will update the "Last Updated" date at the top of these Terms and may provide additional notice where required by law. Your continued use of the App after such changes have become effective shall constitute your acceptance of the revised Terms. If you do not agree to the amended Terms, you must cease using the App and may delete your Account.

4. ACCOUNT REGISTRATION, SECURITY AND VERIFICATION

4.1 Account Creation

To access certain features of the App (including Smash Match and Rondevuu functionality), you must register and create an Account by providing accurate, current, and complete information. You agree to maintain and promptly update such information.

4.2 Identity and Liveness Verification

We require you to complete identity and/or liveness verification (which includes provision of selfie images or videos, government-issued identification documents, and interaction with third-party verification services including Sumsub) before you are permitted to host or join Rondevuus or use Smash Match. You consent to such verification for the purpose of fraud reduction, safety, age verification, and compliance.

4.3 Refusal or Failure to Verify

If you fail to complete verification, provide false or misleading information, or if we reasonably suspect that your identity has been misused or that you are under 18 years of age, we may suspend, restrict, or terminate your Account and/or access to the App.

4.4 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You shall notify us promptly at [email protected] if you become aware of any unauthorized use or suspected security breach relating to your Account.

4.5 One Account Policy

You shall not create, maintain, or use more than one active Account. We may suspend or terminate multiple Accounts that appear to belong to the same individual.

4.6 User Responsibility for Age and Identity

(a) You represent and warrant that you are at least 18 years old and of legal age of majority in your jurisdiction, and that all information you provide (including date of birth, identity documents, selfies, and verification data) is true, accurate, and current.

(b) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SMASH APP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR MISREPRESENTATION OF YOUR AGE OR IDENTITY, YOUR FALSIFICATION OF IDENTITY DOCUMENTS OR SELFIE VERIFICATION, YOUR PROVISION OF FALSE INFORMATION TO THIRD-PARTY VERIFICATION SERVICES, OR ANY HARM CAUSED BY YOUR CONDUCT OR INTERACTIONS WHILE UNDERAGE ON THE APP.

(c) We rely upon third-party verification services (including Sumsub) and user-supplied information. We are NOT LIABLE for harm caused if you have falsified or misrepresented such information, and you acknowledge that age verification technology is not foolproof.

(d) You acknowledge and consent to our immediate reporting to law enforcement (including NZ Police, NCMEC, and international authorities) of suspected underage users, CSAM, or other criminal activity without further notice to you.

5. DESCRIPTION OF THE SERVICE

5.1 General

Smash App is an adult, real-time social connection platform designed to facilitate introductions and casual meetups between consenting adults aged 18 and over in their local area.

5.2 Smash Match

Smash Match operates as follows:

1. Prior to entering Smash Match, you will answer certain preference and intent questions;
2. During Smash Match, the App presents your profile to another User and the other User's profile to you simultaneously, each for a limited period (approximately ten (10) seconds);
3. During this period, each User may indicate interest or decline;
4. If both Users indicate interest, a private chat between the Users opens (a "Match");
5. Each User may have only one active Smash Match chat at any given time, and each Smash Match chat shall automatically expire after approximately twenty-four (24) hours from the time of Match.

5.3 Matchmaking Service

Smash provides a real-world matchmaking service. New Users may receive a limited number of complimentary matchmaking sessions (currently three (3) free sessions). After complimentary sessions are exhausted, Users may be required to pay a matchmaking service fee (currently $3.97 NZD per session).

5.4 Rondevuu

A Rondevuu is a User-created event. Users may create and publish Rondevuus, and other Users may browse and join Rondevuus in their area. Hosting a Rondevuu is generally free, whereas joining a Rondevuu may be subject to a fee.

5.5 Location Functionality

The App uses location information to provide nearby matches, nearby Rondevuus, safety-related features, and ride-sharing functionality.

5.6 Ride-Sharing Integration

The App integrates with third-party ride-sharing services (including Uber).

6. USER OBLIGATIONS AND PROHIBITED CONDUCT

6.1 General Behaviour

You agree to use the App in a lawful, respectful, and responsible manner and shall not:

• harass, threaten, intimidate, stalk, abuse, or otherwise harm any User;
• engage in hate speech or discriminatory conduct;
• disseminate or post defamatory, libellous, or maliciously false statements.

6.2 Sexual Content, Exploitation and Prostitution

WE OPERATE A ZERO-TOLERANCE POLICY FOR PROSTITUTION AND SOLICITATION. The App is designed for regular people to meet and connect privately, NOT for commercial sexual services. Any User found to be offering, soliciting, or arranging paid sexual services will be immediately and permanently banned from the App.

6.3 Child Protection and CSAM

Smash App operates a zero-tolerance policy for CSAM and the sexual exploitation of minors. We will immediately remove content, suspend or terminate Accounts, preserve all evidence, and report any suspected incidents to law enforcement, NCMEC, and other relevant authorities.

6.4 Illegal Activities and Fraud

You shall not use the App to engage in fraud, impersonation, money laundering, terrorist financing, or other criminal activity.

6.5 Technical Misuse

You shall not use any automated means to access the App, reverse-engineer the source code, or probe/scan/test the vulnerability of any system.

6.6 Compliance with Terms

We reserve the right to suspend or terminate your Account if we believe you have violated these Terms.

7. USER CONTENT

7.1 Ownership

You retain ownership of your User Content.

7.2 Licence to Smash App

You grant Smash App a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to host, store, reproduce, display, publish, adapt, modify, distribute, and otherwise use your User Content in connection with the App.

7.3 Profile Media Limits

We may limit Profile Media and may reject content that is misleading, inappropriate, or non-compliant.

7.4 Responsibility for User Content

You are solely responsible for your User Content and for ensuring that you hold all necessary rights, consents, and permissions.

7.5 Monitoring, Moderation and Removal

We may monitor, review, scan, or otherwise process User Content using automated AI systems, content moderation tools, and/or human moderators.

8. PRIVACY

Your use of the App is also governed by our Privacy Policy, which is incorporated by reference into these Terms.

9. PAYMENTS AND FEES

9.1 Matchmaking Service Fees

Access to our matchmaking service may require payment of a service fee after complimentary sessions are exhausted. The current matchmaking service fee is $3.97 NZD per session.

9.2 Rondevuu Fees

Hosting a Rondevuu is generally free. Joining may require payment of a fee.

9.3 Payment Processing

All payments are collected and processed by third-party payment processors.

9.4 Refunds

All fees are non-refundable, except where required by applicable law.

9.5 Chargebacks and Fraud

We may suspend or terminate the associated Account if we suspect unauthorized or fraudulent payment.

10. LOCATION SERVICES AND SAFETY

The App uses location services to provide nearby matches, nearby Rondevuus, and safety-related features. You are responsible for your own safety and for ensuring that any activity you engage in is lawful in your jurisdiction. We recommend meeting in public places first and informing a trusted friend of your plans. We are not responsible for user behavior or safety incidents that occur outside the App.

11. THIRD-PARTY SERVICES

The App may integrate with third-party services including Uber, Sumsub, payment processors, and social media platforms. Your use of these services is governed by their respective terms and privacy policies. We are not responsible for their performance, security, or compliance.

12. DISCLAIMERS

AS-IS BASIS: The App is provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

NO WARRANTY OF MATCHES: We make no warranty regarding the accuracy, reliability, completeness, or appropriateness of user profiles or the suitability of potential matches.

USER CONDUCT DISCLAIMER: We are not responsible for the conduct, actions, or omissions of any User or third party. Your use of the App and interactions with other Users are entirely at your own risk.

THIRD-PARTY SERVICE DISCLAIMER: We are not responsible for the performance, availability, security, or content of any third-party services integrated with the App.

NON-EXCLUDABLE RIGHTS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. If applicable law prohibits the exclusion of any warranty or the limitation of certain damages, then the exclusions and limitations in this Terms shall not apply to the extent prohibited by applicable law.

13. LIMITATION OF LIABILITY

EXCLUSION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CAP ON LIABILITY: Our total cumulative liability to you arising out of or in connection with these Terms and your use of the App shall not exceed the amount you have paid us in the 12 months preceding the claim, or NZD $100, whichever is greater.

SOLE AND EXCLUSIVE REMEDY: The foregoing shall constitute your sole and exclusive remedy for any claims arising from or relating to the App or these Terms.

NON-EXCLUDABLE LIABILITY: Nothing in these Terms excludes or limits liability that cannot be excluded or limited by applicable law, including liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

14. INDEMNITY

You agree to indemnify and hold harmless Da Birthday Club Limited, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from your use of the App, violation of these Terms, or infringement of any third party's rights.

15. INTELLECTUAL PROPERTY

All rights in the App and its content (including the design, features, source code, trademarks, logos, and other materials) are owned by Smash App or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or otherwise use the App without our written permission.

16. COPYRIGHT AND REPORTING MECHANISMS

If you believe that any content on the App infringes your copyright, you may submit a written notice to [email protected] with the subject "Copyright Complaint."

If you encounter harmful conduct, abuse, or violations of these Terms, please report it to us at [email protected] with the subject "Safety Report" or use the in-App reporting feature.

17. TERMINATION AND SUSPENSION

17.1 Termination by Smash App

We reserve the right to suspend or terminate your Account and access to the App at any time, with or without cause and without notice, including but not limited to: violation of these Terms, harassment or abuse of other Users, fake profiles or fraudulent information, illegal activity, or payment fraud.

17.2 Termination by You

You may terminate your Account at any time by contacting us at [email protected].

17.3 Effect of Termination

Upon termination, your Account data and all associated content will be deleted in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination shall remain in effect.

18. GOVERNING LAW AND JURISDICTION

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflicts of law principles.

18.2 Jurisdiction

You irrevocably agree to the non-exclusive jurisdiction of the courts of New Zealand to resolve any disputes arising from these Terms or your use of the App.

19. MISCELLANEOUS

19.1 Entire Agreement

These Terms, together 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, whether written or oral.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be severed, and the remaining provisions shall continue in effect.

19.3 No Waiver

The failure of Smash App to enforce any right or provision shall not constitute a waiver of such right or provision.

19.4 Assignment

We may assign these Terms or any rights or obligations under these Terms to any third party. You may not assign these Terms without our written consent.

19.5 Contact Information

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

Da Birthday Club Limited
Email: [email protected]
Website: smashapp.co.nz

20. BINDING ARBITRATION AND CLASS ACTION WAIVER

20.1 Agreement to Arbitrate

Except where prohibited by law, you and Smash App agree that any dispute arising out of or relating to these Terms or your use of the App shall be resolved exclusively by binding arbitration.

20.2 Arbitration Procedure

Arbitration shall be conducted in accordance with the Arbitration Act 1996 (New Zealand) before a single neutral arbitrator. The arbitration shall be conducted in English and held in Wellington, New Zealand.

20.3 Class Action Waiver

YOU AGREE THAT YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20.4 Jury Trial Waiver

YOU WAIVE THE RIGHT TO TRIAL BY JURY IN ANY DISPUTE.

20.5 Exceptions to Arbitration

Notwithstanding the foregoing, disputes relating to intellectual property rights and claims for emergency injunctive relief may be brought in court.

20.6 Severability

If the class action waiver or jury trial waiver is found to be unenforceable, the entire arbitration clause shall be void.

21. NEW ZEALAND STATUTORY COMPLIANCE

21.1 Consumer Guarantees Act 1993

To the extent permitted by the Consumer Guarantees Act 1993 (New Zealand), some of the exclusions in these Terms may not apply to you if you are a consumer as defined in that Act.

21.2 Harmful Digital Communications Act 2015

Smash App operates a complaints process for harmful digital communications. Users may report harmful communications by contacting us at [email protected]. Users may also lodge complaints with Netsafe at www.netsafe.org.nz.

21.3 Privacy Act 2020

Da Birthday Club Limited is an "agency" as defined in the Privacy Act 2020 (New Zealand) and is committed to protecting your personal information in accordance with that Act.

21.4 Automated Decision-Making

You may request an explanation of any automated decision affecting you by emailing [email protected] with the subject "Automated Decision Review."

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.