SmartFriends Terms and Conditions

SmartFriends is available online, including on our website SmartFriends and in the Apple App Store as “SmartFriends.” The purpose of SmartFriends is to help our users build mentally healthy habits by engaging in brain training on a regular basis.

Use of SmartFriends

In this Terms of Use (“Terms”) we describe the terms of usage for SmartFriends mobile applications, software, websites, APIs and services (collectively, “SmartFriends”). You accept these Terms by using any part of SmartFriends. If you do not accept these terms, do not use any part of SmartFriends.

Additionally, you cannot access or use SmartFriends if you are barred from receiving services under the laws of any applicable jurisdiction or have previously been suspended or terminated from SmartFriends.

Our Privacy Policy

For information about how we collect, use and store your personal information, please refer to our Privacy Policy.

Your Account

To use some parts of SmartFriends, you need to create an account. You are required to provide true, correct and complete information about yourself (“Account Data”) and make sure to maintain and frequently update your Account Data whenever necessary.

If SmartFriends suspects that you provided incorrect Account Data, or that you in fact provided incorrect Account Data, SmartFriends has the right to immediately suspend or remove your account and refuse further usage of SmartFriends.
You are responsible for all activity that occurs in association with your account. SmartFriends is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. If you in fact suspect that your account has been compromised, or a breach of security of your account credentials has occurred, you must contact us immediately at info@smartfriendsapp.com.

Children under the age of 16 are not allowed to create an account in SmartFriends. If we learn that we have accessed or stored the personal information about a child under the minimum required age, we will take steps to delete the information as soon as possible. Parents or guardians who believe that their child has transmitted data to SmartFriends should contact us immediately at info@smartfriendsapp.com.

By creating an account you agree to receive email from us. The aim of our emails is to keep you updated about the app and provide tips and tricks. You always have the option to unsubscribe from this.

You can at any time choose to delete your account.

Feedback and Submissions

We welcome comments, ideas, feedback or other communication regarding SmartFriends. If you provide feedback to us you hereby grant SmartFriends to use, disclose, reproduce, distribute and exploit this feedback without any restriction or compensation to you. For this reason, do not send SmartFriends any feedback that you do not want us to use without any restriction or compensation to you.

Termination

You agree that SmartFriends has the right to suspend or deactivate your account or your access to certain parts of SmartFriends at any time and without notice or liability to you. Upon such termination we might delete your account and other information related to your account.

Reason for such termination could be violations of this agreement, requests from law enforcement or other government agency requests, but it is not limited to any of these.

Rights

SmartFriends is intended for your personal, non-commercial use.
SmartFriends grants you a limited, non-exclusive, non-sub-licensable, non-transferable and revocable license to access and use SmartFriends as long as you do not copy, modify, reverse engineer, or otherwise attempt to discover any source code, sell, sublicense or otherwise transfer any right in SmartFriends, except where allowed by law. You agree to only access SmartFriends through interfaces provided by SmartFriends. All rights in and to SmartFriends, including any trademarks, service marks, trade names and copyrighted content (collectively “Intellectual Property”) presented within SmartFriends are the property of SmartFriends and/or third parties. You agree not to use Intellectual Property for any other purposes except for your own use of SmartFriends unless required otherwise by applicable mandatory law.
You are not entitled to assign your rights and/or obligations under these Terms to any third party without SmartFriends’ prior written consent. SmartFriends is entitled to assign its rights and/or obligations under these Terms.
SmartFriends reserves the right to refuse access to SmartFriends to anyone, for any reason, at any time.
SmartFriends reserves all rights not expressly set forth in these Terms.

Disclaimer and limitation of liability

You use SmartFriends at your own risk. SmartFriends is provided “AS IS,” without any warranties, and SmartFriends does not warrant that SmartFriends and availability thereof will be uninterrupted or error-free. SmartFriends does not assume any responsibility for errors or omissions in the information or software or other documents, including user generated material, which is referenced by or linked to. References or links to third parties’ websites are provided “AS IS,” without warranty of any kind, either expressed or implied.

In no event shall SmartFriends be liable for any indirect or consequential damages, except in cases of intentional misconduct or gross negligence. To the maximum extent permitted under applicable law, SmartFriends’ aggregated liability for any direct damages shall be limited to the lesser of: (1) membership fees paid by the user; (2) membership fees paid by the user during the previous calendar year; or (3) EUR 500.

Governing law and dispute resolution

These Terms and the use of SmartFriends are governed by the laws of The Netherlands, except for its conflicts of laws principles. All claims arising out of, or relating to, these Terms or SmartFriends shall be resolved by the Dutch public courts, whereby the District Court of Amsterdam shall be the court of the first instance.

Contact details

For further information, inquiries or assistance you may contact SmartFriends. Customer Service is available through our website and in our apps. The channels for support might differ from time-to-time.

Contact Information

SmartFriends B.V.
Libau-eiland 22
1014 ZK Amsterdam
The Netherlands
info@smartfriendsapp.com

Changes to these Terms

SmartFriends has the right to modify these Terms at any time, so please review it occasionally. We will notify you before we make any substantial changes to the Terms and give you an opportunity to review the revised Terms.
Any and all material changes shall come into effect between you and SmartFriends upon your acceptance of such changes (e.g. by using SmartFriends after such notification has been made to you or renewing your subscription).

If you object to any change in the Terms you should immediately delete your account and stop using SmartFriends.
These Terms were last modified on January 7, 2025.