Terms & Conditions

Welcome to Smuzo. Our services (the “Services”): website smuzo.ai (“Website”), mobile application (“App”) and the services and products provided through them, offer subscriptions that renew automatically. Please review these Terms and Conditions (the “Terms”) carefully before starting a trial or purchasing a subscription. To avoid charges, you must actively cancel your subscription or trial before it ends (for App Store purchases, at least 24 hours before it ends). Simply deleting the App or your account will not cancel your subscription.

For cancellation instructions, please visit:

• the Apple support website (if you subscribed through the App Store);
• our cancellation page at smuzo.ai/cancel, available without logging in (if you subscribed directly with us).

For full details, please consult our Subscription and Refund Policy.

The Terms govern the relationship between you and AppLiks Sp. z o.o., Aleja Jana Pawla II 43A/37B, 01-001 Warsaw, Poland (“we”, “us”, “our” or the “Company”) regarding your use of the Services, including all textual, audio, graphic, music, software and other content available through the Services (the “Content”).

Your use of the Services means you accept these Terms and creates a legal agreement between you and the Company. For this reason, we strongly advise reading the Terms before using the Services.

Please also review our Privacy Policy and any other supplemental policies that may be posted on the Services. We may amend these Terms from time to time. If we make material changes that negatively affect your rights or obligations, we will notify you by email or within the Services before they take effect. If you do not agree to the amended Terms, you may cancel your subscription and stop using the Services before that date. If you continue to use the Services after the effective date, you will be deemed to have accepted the amended Terms. Non-material changes take effect when we post the updated Terms. If you are a consumer in the EU, the EEA or the UK, this Section 1 does not limit your statutory rights.

Any translation of these Terms is provided for convenience only. In the event of any difference, the English version prevails.

These Terms contain important provisions on limitation of liability and dispute resolution. Section 10 explains when disputes may be resolved by arbitration and when class actions are waived. If you are a consumer in the EU, the EEA or the UK, Section 10 does not apply to you.

If you do not agree with any part of these Terms, do not access or use the Services.

To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Without limiting the foregoing, we do not warrant that:

• the Services will be uninterrupted, secure or error-free;
• any defects or errors will be corrected;
• the Services will be free of viruses or other harmful components;
• songs or other content generated through the Services will meet your expectations or achieve any particular result.

Songs, lyrics and other content are generated automatically by artificial intelligence. Generated content may be inaccurate, unexpected, or similar to content generated for other users or to existing works. You are responsible for reviewing generated content before using or sharing it.

Limitation of liability. To the fullest extent permitted by law, in no event will we (including our affiliates) be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these Terms or your use of, or inability to use, the Services, even if we have been advised of the possibility of such damages. Our total aggregate liability to you for all claims arising from your use of the Services is limited to the amount you have actually paid to us for the Services. Some jurisdictions do not allow these limitations, so they may not apply to you.

To use certain features of the Services, you may need to register an account (“Account”). You represent that all registration information you submit is truthful and accurate, and that you will keep it up to date.

To use the Services, you must be at least 13 years old, or at least 16 years old if you are in the EEA or the UK. If you are under 18, you may use the Services only with the consent of your parent or legal guardian, who is responsible for any purchases.

We do not knowingly collect personal data from children below these ages. If you are a parent or guardian and believe your child has given us personal data, contact us and we will delete it.

You are solely responsible for safeguarding your login information and for all activities under your Account. You must notify us immediately of any unauthorized use. We may suspend or terminate your Account if you violate these Terms.

The Services may be modified, updated, interrupted or suspended at any time, including both free and paid features, without notice and without liability to you. You are responsible for the equipment and internet connection needed to access the Services and any related fees.

You use the Services at your own risk. While we are not obligated to provide customer support, we may choose to do so at our discretion.

By using the Services, you confirm that you meet the age requirements in Section 3, will use the Services only for lawful purposes, and are not located in a country under a U.S. government embargo or listed on any U.S. government list of prohibited or restricted parties.

You must not:

• upload, or request songs based on, content that is unlawful, defamatory, hateful, sexually explicit, or that infringes the rights of others;
• upload recordings of another person’s voice without their permission, or use the Services to impersonate any person;
• use bots, scripts, scrapers or other automated means to access the Services;
• copy, modify, reverse engineer or create derivative works of the Services, or use them to develop a competing product;
• interfere with the security or functionality of the Services or place an undue burden on our infrastructure;
• bypass any access restrictions or upload malicious code.

If you violate these restrictions, we may refuse or terminate your access to the Services.

We grant you a limited, personal, non-transferable licence to use the Services in accordance with these Terms. All software, design, text, logos and other Content of the Services, other than User Content and Generated Songs, belong to the Company or its licensors.

User Content. The stories, lyrics, voice recordings and other material you submit to the Services (“User Content”) remain yours. You grant us a non-exclusive, worldwide licence to use User Content only as needed to operate and provide the Services to you, as described in our Privacy Policy. You are solely responsible for your User Content and confirm that you have the rights needed to submit it.

Generated Songs. Songs, lyrics and other output generated for you through the Services (“Generated Songs”) are yours to use, including for commercial purposes, subject to these Terms and your plan. To the extent we have any rights in your Generated Songs, we assign them to you. Because generated content is created by AI, similar output may be generated for other users, and we cannot guarantee that a Generated Song is eligible for copyright protection. You are responsible for how you use Generated Songs, including checking, before publishing or using them commercially, that they do not infringe the rights of others. If you believe content generated through the Services infringes your rights, please contact us at support@appliks.com.

Third-Party Ads. The Services may include links to third-party websites or advertisements (“Third-Party Ads”). We do not control or endorse them, and any dealings you have with third parties are solely between you and them.

The terms governing purchases, subscriptions, trials, coins and refunds are set out in our Subscription and Refund Policy. By making a purchase, you confirm that you have read and accept that policy.

The Services are a digital service. If you are a consumer in the EU, the EEA or the UK, you have a statutory right to withdraw from your purchase within 14 days without giving any reason. If you asked us to start providing the Services during that period, you pay a proportionate amount for the Services and coins used before you withdrew. How to withdraw is described in our Subscription and Refund Policy. These rights cannot be excluded or limited by these Terms.

You agree to defend, indemnify and hold harmless the Company, its affiliates, partners, licensors and their respective officers, employees and agents from any claims, damages, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the Services in breach of these Terms or applicable law, or your User Content.

Except as provided below, these Terms are governed by the laws of the Republic of Poland, excluding its conflict of law rules. If you are a resident of the United States, these Terms are governed by the laws of the United States and the mandatory consumer protection laws of your state of residence, and the Federal Arbitration Act governs Section 10. If you are a consumer in the EU, the EEA or the UK, you also benefit from the mandatory consumer protection laws of your country of residence.

If you have any concern or dispute about the Services, you agree to first try to resolve it informally by contacting us at support@appliks.com. If this does not resolve the dispute, you may contact your local consumer protection authority.

Except as provided in Section 10, the courts of the Republic of Poland have jurisdiction over any disputes arising from these Terms. This does not deprive consumers of the right to bring proceedings in the courts of their country of residence where mandatory law provides so.

You may not use the Services for any illicit activities, including money laundering, terrorist financing or violations of trade sanctions. By using the Services, you confirm that you are not listed on any sanctions list. We may restrict access to the Services in certain jurisdictions.

Please read this section carefully, as it affects your legal rights. This Section 10 applies only to users residing outside the EU, the EEA and the UK, including residents of the United States, and only to the extent permitted by applicable law.

Arbitration. You and the Company agree that any dispute arising out of or relating to these Terms or the Services will be resolved by confidential, binding arbitration rather than in court, and you waive the right to a jury trial. Either party may instead bring an individual claim in small claims court if it qualifies.

Class action waiver. You and the Company may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding.

Procedure. For residents of the United States, arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, before a single arbitrator, in the county of your residence or remotely. For other users, arbitration will be administered by the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, before a single arbitrator, in English.

Notice. Before starting arbitration, a party must send the other a written Notice of Dispute describing the claim and the relief sought, and the parties will try to resolve it informally within 30 days. Any claim must be filed within 1 year after the claimant became aware of it, unless a longer period is required by law.

Where any part of this Section 10 is not permitted by mandatory law applicable to you, that part does not apply to you.

If you access the Services through Apple’s App Store, you agree that:

• these Terms are between you and the Company only, not Apple, and Apple is not responsible for the Services;
• you may use the App only on Apple devices you own or control, in accordance with the App Store Terms of Service;
• the Company, not Apple, is responsible for maintenance, support, warranties, product claims and any third-party intellectual property claims relating to the App; if the App fails to conform to an applicable warranty, you may notify Apple, which will refund the purchase price;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

We may suspend or terminate your Account and access to the Services if you violate these Terms or our other policies. In such cases, you will not be entitled to a refund, except where required by law. In the event of a serious breach, we may permanently block your access to the Services.

You may terminate this agreement by cancelling your subscription. Termination takes effect at the end of your current paid period. To cancel:

• Website subscriptions: on our cancellation page at smuzo.ai/cancel, without logging in, or in your account settings on the Website; you may also contact our support, but this is not required;
• App Store subscriptions: in your Apple ID account settings.

Deleting the App or your Account does not cancel your subscription.

If we do not enforce any right under these Terms, that is not a waiver of that right. If any part of these Terms is found invalid, the rest remains in effect.

These Terms, together with our Privacy Policy and Subscription and Refund Policy, are the entire agreement between you and the Company regarding the Services. You may not transfer your rights under these Terms without our written consent. We may assign our rights and obligations to another entity.

We are not liable for any failure to perform our obligations caused by events beyond our reasonable control.

If you have any questions about these Terms, contact us at support@appliks.com.