Terms of Use

Last updated: January 2025

1. Acceptance of Terms

By downloading, installing, or using the Smirkle mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

2. Description of Service

Smirkle is a mobile application that creates personalized memes based on facial expressions and emotions. The App uses local processing on your device to analyze facial expressions and generate memes.

3. Age Requirement

You must be at least 13 years old to use the App. If you are under 18, you must have parental or guardian consent to use the App.

4. User Responsibilities

You are fully responsible for all content you create, share, or distribute using the App. You agree not to:

  • Create, share, or distribute content that is sexually explicit or contains violence
  • Use the App to harass, bully, or harm others
  • Violate any applicable laws or regulations
  • Attempt to reverse engineer or modify the App
  • Use the App for commercial purposes without permission

5. Content Policy

Prohibited Content: You may not create, share, or distribute memes that contain:

  • Sexual content or nudity
  • Violence or graphic content
  • Hate speech or discrimination
  • Personal information of others without consent
  • Copyrighted material without permission

6. Intellectual Property

Your Content: You retain full ownership and intellectual property rights to all memes you create using the App. You are free to use, modify, and distribute your memes as you wish.

App Content: The App, including its design, code, and features, is owned by Smirkle and protected by intellectual property laws.

7. Privacy and Data

Local Processing: All image processing and emotion analysis occurs locally on your device. No personal data or images are transmitted to or stored on Smirkle servers.

Data Retention: Memes are not stored on Smirkle servers. Images are only used temporarily during processing on your device.

8. Cost and Payment

Current Service: The App is currently free to download and use.

Future Changes: Smirkle reserves the right to introduce premium features or advertising in the future. Any changes will be communicated to users in advance.

9. Advertising

The App may display advertisements in the future. By using the App, you consent to receiving such advertisements.

10. Technical Requirements

You are responsible for ensuring your device meets the minimum technical requirements for the App. Smirkle is not responsible for any issues arising from incompatible devices or software.

11. Updates and Modifications

Smirkle may update the App and these Terms from time to time. Continued use of the App after updates constitutes acceptance of the new Terms.

12. Termination

Smirkle may terminate or suspend your access to the App at any time for violations of these Terms or for any other reason at our discretion.

13. Disclaimer of Warranties

The App is provided "as is" without warranties of any kind. Smirkle does not guarantee that the App will be error-free or uninterrupted.

14. Limitation of Liability

Smirkle shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the App.

15. Governing Law

These Terms are governed by German law. Any disputes shall be resolved in the courts of Germany.

16. Contact Information

For questions about these Terms, please contact us at: [email protected]

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