Terms & Conditions

A legal disclaimer

Smoochy Terms and Conditions of Membership and Use

By signing up to a payment plan you accept and agree to be bound by:

These Smoochy Terms and Conditions of payment and Use
Our Smoochy App Rules
Our Smoochy Privacy notice/policy

We take dating very seriously. Especially Smoochy dating. You accept and agree that necessary action will be taken by Smoochy if you breach any of these terms, our rules or our privacy notice. Any breach may lead to the removal of your account. In certain circumstances, Smoochy may have to contact relevant authorities including the police if we believe that the law has been broken.

If you have any free access to Smoochy as part of a promotion or similar, then our terms and rules and privacy policy still apply to your use of the Smoochy app both during the free period and once you sign up and subscribe.

These terms may have changed since you last reviewed them

These terms were last updated on November 2024

Where to find information about us and our products

You can find everything you need to know about us, Smoochy and our dating app on our website. We will also provide a summary of the key details of your payment plan to the Smoochy App to you in writing after you order your payment plan, either by email or in your online account.

Smoochy payment plan

Our payment plans will be displayed on our website or when you first download the Smoochy App.

You may access and pay for our Smoochy App via a payment card. If you choose a payment plan with us, you will be prompted to confirm your payment with the payment provider and your payment card will be charged at the price of your chosen payment plan displayed to you on the Smoochy App: www.app.smoochy.uk you authorize us and/or Apple/Google or other third party account (as applicable) to charge you.

We don’t automatically sign you up or renew your payment plan, as we want to give you the choice and flexibility. If you want to continue using the Smoochy App then just sign up for another payment plan. You can still access your account without a payment, but you won’t be able to use any of its features. Smoochy does not take any card or payment details during the free 1 month trial. When you make a profile and make a payment, you still have to opt in or not at all, to a payment plan when your free trial finishes

Verification third party: Twilio

As part of our safety and security, we use a third party company called Twilio. Twilio is a communications service provider. Twilio does not sell personal data or allow it to be used by third parties for their own marketing purposes, except in cases where explicit consent is provided. To read the privacy policy of Twilio visit: https://www.twilio.com/en-us/legal/privacy

Whilst using the Smoochy App, each user is required to provide their mobile number whereby they will get sent a code via our third party company, Twilio. The user will then need to use this code to verify they are a real person to continue using the app when signing up to a payment plan. If the code doesnt work, they can get it re-sent. If ultimately, the user keeps failing, then the user will be rejected and they wont be able to sign up to Smoochy. For more information visit: https://www.twilio.com/en-us. Any information that may have been gathered during the verification process is removed from their system.

All data submitted during the verification process is anonymized and encrypted using high-end cryptography. The data is encrypted at rest and in-transit using a combination of 256-bit encryption and hashing algorithms. Twilio routinely test their systems and are ISO 27001 compliant, following industry standards for information security.

Twilio processes and stores all data in the United States, with the exception of data stored in one of our Twilio Regions (https://www.twilio.com/docs/global-infrastructure) In addition, our sub-processors (https://www.twilio.com/en-us/legal/sub-processors)may process data in third countries. When transferring data across borders, Twilio takes additional measures to safeguard the privacy of personal data(https://help.twilio.com/articles/360051805394-Measures-Twilio-Takes-to-Safeguard-the-Privacy-of-Customer-Personal-Data), and our Transfer Impact Assessment (https://help.twilio.com/articles/4407117654555-Transfer-Impact-Assessment-Twilio-s-Onward-Data-Transfers) describes how Twilio safeguards the personal data our customers entrust us to process when we must transfer that data to a third country — whether for the purposes of support, security, or sub-processing.

We may have to reject your signup to the Smoochy App

Sometimes we may have to refuse your payment. For example, we can’t verify your age, because you are located outside the UK or because the payment was accidentally mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid in advance.

We're not responsible for delays outside our control

If our provision of the Smoochy App is delayed by an event outside our control, such as if we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact our Team at hello@smoochy.uk to end the payment plan and receive a refund for any payment period you have paid for in advance, but not received, less reasonable costs we have already incurred.

Apple/Google Play/Google’s App Store

The ways in which you can use our Smoochy App may also be controlled by the App Stores’ rules and policies and the App Store’s rules and policies will apply instead of these terms where there are differences between the two.

14 Day Cancellation Period for Payment plan

You have 14 days after the date we confirm your paid payment to change your mind about it, but please note you lose the right to cancel and receive a full refund of your payment if you have consented to the use of the Smoochy App during the 14-day period. You can of course still cancel your payment plan within the 14 days but you must pay for the first month that you have had access to the Smoochy App.

How to let us know and what happens next.
If you wish to change your mind about your payment plan, please contact our Smoochy App Team at hello@smoochy.uk or visit our FAQs section for more information. We will refund you any sums due to you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

Please note that after the 14-day cancellation period, we will not offer any refunds of payments paid but you will still have access to the Smoochy App up to the end of your chosen payment term. There will also be no refunds if you choose to delete your account or if we stop your use of the Smoochy App because you have broken these terms or our privacy policy or any other terms which form part of the payment plan agreement with you.

We can change the Smoochy App and these terms

We may make changes to the Smoochy App to make it more user friendly or add additional features. We may also make changes:

to reflect changes in relevant laws and regulatory requirements such as a change in e-commerce laws;
to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don’t affect your use of the Smoochy App;
to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

We can suspend the Smoochy App
We can suspend the supply of the Smoochy App. We do this to:

deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements; or
make changes to the Smoochy App.

We contact you in advance to tell you we’re suspending the Smoochy App, unless the problem is urgent or an emergency. If we suspend the product for longer than 2 days in any 1 month period we adjust the price so you don’t pay for it while its suspended.

We can end our payment plan with you
We can end our payment plan with you for the Smoochy App payment and claim any compensation due to us if:

you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Smoochy App, for example, verification of your age.
You break these these terms, our privacy policy or any of our Rules (see below).

We don’t compensate you for all losses caused by us or Smoochy App
We’re responsible for losses you suffer caused by us breaking our agreement with you but we will not be responsible to you if the loss is:

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice: https://smoochy.uk/privacy

Resolving disputes with us

If you have any complaints or concerns about the Smoochy App then please do contact us in the first instance. We are here to help and try to resolve any problems.Please get in touch with us at hello@smoochy.uk

These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your subscription. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the subscription agreement.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later

Smoochy Rules and Terms of Use

In order to create a Smoochy account you MUST:

Be over 18. We have a mandatory mobile phone verification system. You can only use Smoochy if you are deemed over 18 years of age. Use of the Smoochy App by anyone under the age of 18 is strictly forbidden. If anyone under the age of 18 years manages to create an account then as soon as we are aware, the account will be removed and that user will be blocked and prevented from use of the Smoochy App in future.
Provide your name, billing address, date of birth, email and mobile number to create an account. Our easy sign up will guide you through the process.
When choosing a user name, this must NOT be your full name (for security reasons) or using the name of a celebrity or fictional character, brand or trade mark. The user name shouldn’t use words or characters (other than a valid name) including descriptive words, symbols (e.g. $, *, @,), emojis, numbers, or punctuation.

Smoochy Rules and Terms of Use

Our SmoochyRules and Terms of Use are for the benefit of all of our users. The rules help to keep users SAFE and SECURE whilst enjoying using the Smoochy App. Our terms of use must be complied with in spirit as well as to the letter. Our rules apply to any part of the use of the App or interaction with other users (Input) as well as to its whole.

An Input must:

Be accurate (where it states facts).
Only contain opinions that are genuinely held.
Must comply with the law applicable in any country from which it is posted and to which the website is targeted.

An Input must not:

Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Encourage, promote or provide instructions for deliberate self-harm.
Encourage, promote or provide instructions for suicide.
Encourage, promote or provide instructions for an eating disorder or behaviours associated with an eating disorder.
Promote sexually explicit material.
Include child sexual abuse material.
Incite violence or hatred against particular groups.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Include content that would be considered a criminal offence under laws relating to terrorism, child sexual abuse material, racism or xenophobia.
Infringe any copyright, database right or trade mark of any other person.
Include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (BBFC).
Include video content not suitable for BBFC classification.
Include material that might impair the physical, mental or moral development of persons under the age of 18.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Contain illegal content or promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from Smoochy if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.

Member Content:

All users will be able to share content, and their content will be seen by other users. This is your content and belongs to you. Be careful what information you put on the app. DON’T show your bank details or personal information on your account for people to see. You are responsible of your interactions with other users. Smoochy Ltd can’t control the things users say or do. However, we can enforce the rules if they are broken. If users decide to share a mobile number or email with another user, this is completely at their own risk.

If users meet up with other users in real life, Smoochy Ltd will not be held responsible for any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the Smoochy App.

Users meet other users at their own risk. Smoochy Ltd will not be held accountable for anything that arises when users meet with regards to personal safety, injuries, property damage, criminal activity or death. Smoochy Ltd is the platform for users to chat online, it is entirely up to the user if they wish to meet another user. But be careful and put measures in place to ensure your safety. Smoochy Ltd is not responsible for the safety of users if they decide to meet, only the safety on its app and online platform.

Enforcement of Smoochy rules and Safety:

Smoochy is operated by moderators who monitor the app and its users. If a complaint is made (using our online form or by emailing hello@smoochy.uk) then Smoochy will look into the complaint. If a complaint has been made or if the moderators on Smoochy have seen anything which goes against our rules, then depending on the severity and how much it breaks our rules, we will either remove the content, issue a warning or in a serious breach of our rules we will remove your account and block you. Smoochy reserves the right to do this, even if you have paid. You will not be refunded. This is because you have agreed to the terms and conditions and Smoochy rules which you have been breached and which are there to provide a safe environment for users.

If you feel your account shouldn’t have been removed or that you haven’t broken Smoochy rules then use the online contact form to appeal and Smoochy will look into it. If the decision to remove your account still stands. This decision will be FINAL and your account will stay removed and not be refunded.

User Control of Safety
As users will be able to message other users freely, you will have control of your messages. You will be able to filter the messages according to your preferences so that you aren’t bombarded with lots of unwanted messages. The messages will only appear in your inbox once you reply or have a conversation going. ALL messages will go into a waiting section and the user will be able to filter the ones they want to read and decide whether they want to engage.

Users can block any other user at anytime. Just use the block button and they will go into your blocked list. Users can report another user by using the online contact form. They will need to state the “user name” of the user and the reason for the report. Our moderators can then look into it and enforce the rules accordingly and take action.

Safety
Please be responsible when speaking to and meeting other users. By using the SmoochyApp, you agree to take reasonable precautions when you interact with other users, and we can’t be responsible to you for things that happen outside of the SmoochyApp. If you share any personal information (name, residential address, email, contact number) or financial information (debit or credit card information or your bank account details) with other users then you do so entirely at your own risk.