1. Introduction
Welcome to Aspecty ("the App"), operated by SMTH MORE OÜ ("the Company"). These Terms and Conditions ("Terms") govern your use of the App and any associated services. By accessing or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the App. The App is available on various platforms, including iOS, Android, and potentially others, and is governed by the laws of Estonia and the European Union.
2. Acceptance of Terms
2.1 These Terms govern the relationship between you and SMTH MORE OÜ regarding your use of Aspecty and any associated services, including but not limited to the App's content and features.
2.2 Your use of the App constitutes your agreement to these Terms, establishing a legally binding contract between you and the Company. Please read these Terms carefully before using the App.
2.3 You should also review our Privacy Policy, which is incorporated by reference into these Terms. We reserve the right to update or modify these Terms at any time and for any reason. We will notify you of significant changes via in-app notifications or email.
2.4 If you do not agree with these Terms or are not eligible to be bound by them, do not access or use the App.
3. Account Registration
3.1 To access certain features of Aspecty, you may need to create an account. You agree to provide accurate and up-to-date information during registration, including your name, email address, and password. You may also register using Google, Facebook, or other supported authentication services.
3.2 You must be at least 16 years old to create an account and use Aspecty. If you are under 16, please review our Privacy Policy for more information.
3.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
3.4 We reserve the right to suspend or terminate your account if you violate these Terms.
4. Subscription and Payment
4.1 Free and Paid Features: Aspecty offers both free and paid features. Some features may require a subscription, and fees will be disclosed before purchase.
4.2 Subscription Plans: We offer various subscription plans, including monthly, annual, and lifetime options. Details will be provided within the App.
4.3 Payment Methods: Payments can be made through supported payment providers, such as credit/debit cards. Specific details will be provided at the time of purchase.
4.4 Refund Policy:
In accordance with European Union consumer protection regulations, you are entitled to request a refund under specific conditions. Refunds will be processed using the original payment method and in compliance with applicable laws. To request a refund, please reach out to us at info@smthmore.co.
If you are a resident of the EU, you have the right to cancel your contract within 14 days from the date of purchase, without providing any justification and without incurring any charges.
Please note that if your purchase was made through an App Store, the refund process will be governed by the refund policies of that particular App Store. We are unable to process refunds directly for such purchases; instead, you will need to contact the App Store's customer support for assistance.
For purchases made directly through our website, refunds and exchanges are generally not available unless explicitly stated otherwise or as required by applicable law.
Any approved refunds will be issued via the same payment method used for the original purchase, unless you agree to an alternative method. Rest assured, no additional fees will be charged for processing the refund.
5. User Obligations and Restrictions
5.1 By using Aspecty, you agree to the following:
You will not use the App for any illegal or unauthorized purposes.
You will not attempt to gain unauthorized access to the App or its systems.
You will not upload harmful, abusive, or objectionable content.
You will respect the intellectual property rights of the Company and others.
5.2 You agree to use the App in compliance with all applicable laws and regulations.
6. Intellectual Property and Third-Party Content
6.1 The Service may provide access to websites, resources, or advertisements from third parties ("Third-Party Content"). These external sources are not managed or controlled by the Company, and we disclaim any responsibility for their content, accuracy, or availability. The inclusion of any such link does not imply our endorsement, and you agree that any interactions you have with these third parties are at your own risk.
6.2 While we may present Third-Party Content for your convenience, the Company does not conduct reviews, offer approvals, or monitor such content, and we make no guarantees regarding its reliability. We advise you to thoroughly assess the accuracy and trustworthiness of any Third-Party Content before engaging in transactions or other interactions. All dealings, including payments and the delivery of goods or services, are strictly between you and the relevant third-party provider.
6.3 By utilizing the Service, you agree to release the Company, along with its officers, employees, and agents, from any claims, damages, or liabilities arising from your use of or interactions with Third-Party Content, including any personal injury, property damage, or losses that may result.
6.4 All content within the Service, such as text, images, logos, compilations (i.e., the arrangement and assembly of information), data, software, and other materials, is proprietary to the Company or third parties and is protected by intellectual property laws. You acknowledge that you do not obtain any ownership rights to this content, except where specifically granted under these Terms.
6.5 The Company reserves all rights to its intellectual property, and any unauthorized use, distribution, reverse engineering, or exploitation of the Service or its content is strictly prohibited. The provision of the Service does not confer upon you or any third party any rights, title, or interest in the content provided by the Company.
6.6 Content that you upload or submit to the Service ("User Content") remains your intellectual property. However, by submitting User Content, you grant the Company a non-exclusive, worldwide, transferable, perpetual, and irrevocable license to publish, distribute, and publicly display your content within the Service.
6.7 Each user is fully responsible for the content they post or share through the Service. The Company does not control or guarantee the accuracy, relevance, or quality of User Content. You agree that the Company will not be liable for any loss or damage arising from interactions with other users or their content. In the event of disputes between users, the Company is not obligated to intervene.
7. Important Disclaimers
7.1 General Disclaimer: We make no guarantees that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations or will provide any benefit.
7.2 Health Disclaimer: Not all information described in the app is suitable for everyone. The service is intended only as a tool which may be useful in achieving your overall lifestyle goals. You acknowledge that if your activities encouraged or inspired by the service involve any risks, you assume those risks and understand and agree that you take full responsibility for your health, life, and well-being, as well as the health, lives, and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future.
7.3 Professional Advice Disclaimer: Information provided through our service is for informational and entertainment purposes only. The service is not intended to be a substitute for any professional advice, including but not limited to (a) professional medical or psychiatric advice, diagnosis, or treatment, or (b) professional financial or investment advice or guidance, or (c) professional legal advice. Never disregard or delay seeking professional medical advice or other professional advice. Your reliance on the information provided by the service is solely at your own election or choice. Any and all decisions that you make that are based in whole or in part upon information provided by the service will be your sole and exclusive responsibility.
7.4 Medical Services Disclaimer: The company does not offer or provide any kind of medical advice, health insurance, or other healthcare service, including without limitation, any counseling, testing, evaluation, prescription, procedure, or therapy related to the avoidance, prevention, diagnosis, or treatment of any injury, illness, disease, or condition.
7.5 Appropriateness Disclaimer: The service may not be appropriate for all persons and is not a substitute for professional healthcare services. The service is intended for general information purposes only. Before accessing or using the service, you agree to release and discharge the company from any and all action, known or unknown, arising out of your use of the service.
7.6 Usage Disclaimer: You are expressly prohibited from accessing or using the service against medical advice or if doing so might pose any health risk. In this context, you acknowledge that you take full responsibility for your health, life, and well-being, as well as the health, lives, and well-being of your family and children (born and unborn, as applicable), and all decisions now or in the future.
7.7 Medical Advice Disclaimer: To the maximum extent permitted by applicable law, you expressly agree that we are not providing medical advice via the service. All content provided through the service is not intended to be and should not be used in place of (i) the advice of your therapist or other professionals, (ii) a visit, call, or consultation with your therapist or other medical professionals, or (iii) information contained on or in any product packaging or label. We are not responsible for any health problems that may result from materials you learn about through the service. Should you have any health-related questions, please call or see your therapist or other healthcare provider promptly. If you have an emergency, call your therapist or your local emergency services immediately.
7.8 Relationship Disclaimer: Your use of the service does not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship between you and the company.
7.9 Success Disclaimer: We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples that may be provided on the service are exceptional results, which do not apply to an average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results. There is no assurance that examples of past results can be duplicated in the future. We cannot guarantee your future results and/or success. Nor can we guarantee that you will maintain the results you experience if you do not continue following our guides.
7.10 Limitation of Liability: In addition to all other limitations and disclaimers in these terms, the company disclaims any liability or loss in connection with the content provided on the service. You are encouraged to consult with your doctor and other relevant professionals with regard to the information contained on or accessed through the service.
8. INDEMNITY
You agree to protect and hold harmless the Company, along with its successors, subsidiaries, affiliates, related entities, suppliers, licensors, partners, and their respective officers, directors, employees, agents, and representatives, from any claims or demands made by third parties arising from (i) your use of the Service, (ii) the content you provide, or (iii) your breach of these Terms. The Company reserves the right, at your cost, to take full control of the defense in any situation where you are required to indemnify us, and you agree to assist in our defense against such claims. You also agree not to resolve any issue without first obtaining written approval from the Company. The Company will make reasonable efforts to inform you of any such claims, actions, or proceedings as soon as they become known.
9. Termination
9.1 You may delete your account at any time. Once deleted, the account cannot be recovered. You may also contact us at info@smthmore.co to request the deletion of your data. Refer to our Privacy Policy for more details.
9.2 We reserve the right to terminate your account or access to the App for violations of these Terms or as required by law.
10. Changes to the Terms
10.1 We reserve the right to modify or update these Terms at any time. We will notify you of any significant changes via in-app notifications, email, or upon your next login.
10.2 Your continued use of the App following such modifications signifies your acceptance of the new Terms. If you do not agree with any changes, you must discontinue your use of the App.
11. Governing Law and Dispute Resolution
11.1 These Terms are governed by and construed in accordance with the laws of Estonia and the European Union, without regard to its conflict of laws principles. Nothing in these Terms shall limit the rights granted to consumers under the mandatory provisions of the laws of the country in which they reside.
11.2 In the event of any dispute or disagreement arising out of or in connection with these Terms, we encourage you to first attempt to resolve the matter through informal negotiations. You may submit any claims or concerns to us via the contact information provided in these Terms. We will make every reasonable effort to resolve the issue amicably and promptly.
11.3 If the dispute cannot be resolved through negotiation, it shall be subject to the exclusive jurisdiction of the courts of Estonia, unless mandatory applicable law provides otherwise. Please note that if you are a consumer residing in a member state of the European Union, you may have the right to bring legal proceedings in the courts of your place of residence.
11.4 If any provision of these Terms is found to be invalid or unenforceable under applicable law, including but not limited to the mandatory provisions of consumer protection laws, such provision will be deemed modified to the extent necessary to comply with such laws. All other provisions of these Terms shall remain in full force and effect.
11. Contact Information
If you have any questions about these Terms, please contact us at:
SMTH MORE OÜ
Address: Kesklinna linnaosa,Veskiposti tn 2-1002, 10138, Tallinn, Estonia
Email: info@smthmore.co