Smoke With Me’s Terms and Conditions of Use

If you live in the United States or Canada, these Terms and Conditions apply to you

You should read these terms and conditions in full.

Smoke With Me is a social media website and app designed as a forum for meeting new people, posting or finding events, posting or discovering new businesses, and a virtual place to have discussions and to share photos, news, and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Smoke With Me in a manner consistent with its purpose and which is in accordance with these terms and conditions, as well as the Smoke With Me Community Guidelines and Safety Tips (collectively, the “Terms”). When we mention “Smoke With Me”, we mean www.SmokeWithMeApp.com, together with affiliated websites and applications.

The Terms constitute a binding legal agreement between you as a user (“you”) and Smoke With Me App a D.B.A business of HeaveN360LLC (“we” or “us”). Smoke With Me App includes, but is not limited to, Smoke With Me App (an American company whose registered office is at 425 Barlow Ct Alpharetta Ga 30022), HeaveN360LLC (a company incorporated in Georgia, United States under company number 14119679)

The Terms apply whenever you visit Smoke With Me App, whether or not you have chosen to register with us, so please read them carefully. BY DOWNLOADING Smoke With Me, CLICKING ON THE “I ACCEPT” (OR SIMILAR) BUTTON, OR OTHERWISE ACCESSING, USING, REGISTERING FOR OR RECEIVING SERVICES OFFERED ON Smoke With Me YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THE TERMS.

IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS, THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.

IF YOU SUBSCRIBE TO ANY PREMIUM SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS OF YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT Smoke With Me App’s THEN-CURRENT FEE FOR SUCH SERVICES, UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 3 BELOW.

SECTION 14 OF THESE TERMS INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES WITH LIMITED EXCEPTIONS (SUCH AS TO THE EXTENT THE ENDING FORCED ARBITRATION OF SEXUAL ASSAULT AND SEXUAL HARASSMENT ACT PRECLUDES ARBITRATION OF THE DISPUTES OR CLAIMS). YOU HAVE A RIGHT TO OPT OUT OF THE ARBITRATION AGREEMENT PURSUANT TO SECTION 14 BELOW. IF YOU DO NOT OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 14 (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS ONLY; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

NOTICE TO CALIFORNIA SUBSCRIBERS: YOU MAY CANCEL YOUR SUBSCRIPTION AND REQUEST A REFUND AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED. IF YOU SUBSCRIBED USING YOUR APPLE ID, REFUNDS ARE HANDLED BY APPLE, NOT SmokeWithMe App. IF YOU WISH TO REQUEST A REFUND, PLEASE VISIT HTTPS:// GETSUPPORT.APPLE.COM

. IF YOU SUBSCRIBED USING YOUR GOOGLE PLAY STORE ACCOUNT OR THROUGH Smoke With Me, YOU MAY UNSUBSCRIBE IN THE APP OR BY CONTACTING CUSTOMER SUPPORT

Please refer to our Community Guidelines and Safety Tips for additional Dos and Don'ts, and information on staying safe.

If you are concerned about how your data is being used by Smoke With Me then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use Smoke With Me. By using Smoke With Me, you agree that we can use such data in accordance with our Privacy Policy. Our website and apps also use cookies or similar technologies which we tell you more about on our Privacy Policy

1. Use of the app and site and rules relating to Content

Who can use Smoke With Me?

Smoke With Me is a meeting place for adults as defined by being 21 years of age or older. You may only use Smoke With Me, including any of its features, or become a registered member if you are (i) 21 years old or older and (ii) be legally permitted to use Smoke With Me by the laws of your home country.

You warrant that: (i) you have the right, authority and capacity to enter into and be bound by the Terms, (ii) all registration information you provide is accurate and complete, and (iii) that by using Smoke With Me you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.

What kind of content can I post or upload on Smoke With Me?

You are able to post or upload all kinds of things on Smoke With Me, including videos, photographs, emails, messages and other digital content under the definition of “data” (“Content”).

There are some rules about what is acceptable though, so when you are using Smoke With Me you may not post, send or upload any Content which:

1. contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
2. is obscene, pornographic or otherwise may offend human dignity
3. is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
4. encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
5. is defamatory;
6. relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
7. involves the transmission of “junk” mail or “spam”;
8. impersonates a person, company or brand with the intent to deceive or confuse others;
9. contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Smoke With Me or otherwise;
10. itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
11. shows another person where such Content was created or distributed without that person’s knowledge and without that person having been afforded an opportunity to refuse such creation or distribution; or
12. contains images of children, even if you are also in the photo, or endangers minors.

Please use your common sense when picking the Content that you choose to post on, upload or send via Smoke With Me because you are solely responsible for, and bear all liability in relation to, such Content.

We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. If you repeatedly infringe our rules, you may be prevented from using Smoke With Me and we may restrict your access to Smoke With Me, disable your account or block you from further use of Smoke With Me. We may also remove, edit, limit or block access to any Content you submit to Smoke With Me if we believe it violates the Terms or we are required to do so by applicable law.

If you believe that an error has occurred in the action taken regarding your account or content, you have the opportunity to appeal our decision within a period of six months. To initiate the appeal process, please take a moment to review the pertinent section of our Community Guidelines. Should you still contend that a mistake has been made, the most effective method of appealing is to complete the appeals form linked in the notification you received within the application at the time of the action. Alternatively, you may contact us directly via mail under Contact Us, ensuring to articulate the reasons for your appeal and to provide as much detailed information as possible.

Are there any rules relating to personal data like my email address?

We’re committed to keeping your experience safe and enjoyable! To protect your privacy, please refrain from sharing any personal contact or banking information in your profile, such as names, addresses, phone numbers, or banking details. If you decide to share personal data with others, whether through email or other means, please do so with care. Just like in any other situation, it’s wise to be cautious about what you disclose online. We encourage you to adhere to our Guidelines and Safety Tips to ensure a positive experience for everyone. Your safety matters to us, and together, we can create a friendly community!

What about other people’s personal data, can I use it?

Users may only utilize the personal data of other Smoke With Me participants in a manner that aligns with the platform's objective of facilitating interpersonal connections. The use of other users’ information for commercial purposes, unsolicited communication, harassment, stalking, or any unlawful threats is strictly prohibited. Smoke With Me reserves the right to terminate user accounts or restrict access to features should there be any misuse of other users’ information.

Some of my friends want to see everyone I'm chatting with. Is it okay for me to share my password and let them log in as me?

The answer is no. Only you are authorized to access your Smoke With Me account. It is imperative that you do not share your password with any individual or permit others to access your account, as doing so jeopardizes the security of all content and personal data you have provided to Smoke With Me. You bear the responsibility of maintaining the confidentiality and security of your password. Smoke With Me will not be held liable for any unauthorized access to your account. If you suspect that an individual has gained unauthorized access to your account, you must inform us immediately by visiting our suggestions page located in the “settings” section of the SmokeWithMe app and articulating your concerns. Furthermore, you should promptly change your password. Smoke With Me reserves the right to terminate your account should you violate our policies regarding password security.

Who can see the Content that I put on Smoke With Me?

When you upload content to Smoke With Me, it becomes accessible and viewable by the general public. Should you wish to restrict visibility, you may utilize the private folders feature and designate specific individuals to whom you wish to grant access. If you prefer that your content remains completely private, you are advised not to upload it to Smoke With Me

We reserve the right, at our sole discretion and without any obligation to notify you, to remove, edit, limit, or block access to any content that you upload or submit to Smoke With Me. This action will be taken without incurring any liability to you. Furthermore, we have no obligation to display any content that you submit, nor are we responsible for verifying the accuracy or truthfulness of any content provided. Additionally, we do not monitor your activities or the activities of other users on Smoke With Me.

Is there anything else I should be aware of?

When utilizing Smoke With Me, you acknowledge your agreement to the Terms. In exchange, we confer upon you a limited, personal, non-exclusive, and non-transferable license to use and upload Content as well as to engage with Smoke With Me exclusively for personal purposes. Aside from this license and the rights you retain regarding any Content you submit to Smoke With Me, you possess no additional rights to use Smoke With Me, its Content, features, databases, or software. You are prohibited from modifying, editing, copying, reproducing, creating derivative works, reverse engineering, altering, enhancing, scraping, disabling, decompiling, analyzing, or exploiting any of the aforementioned in any capacity.

Should you breach any of the Terms, the aforementioned license will be automatically revoked, and you are required to immediately destroy any downloaded, printed, or otherwise obtained Content. Furthermore, if you download a mobile application from the Apple App Store, you shall utilize the application solely on an Apple-branded product that operates on iOS (Apple’s proprietary operating system) and in accordance with the “Usage Rules” specified in the Apple App Store Terms of Service.

2. Ownership of Content

Once I have uploaded Content on Smoke With Me, do I still own it?

Yes, you may post, upload, or send Content on Smoke With Me, provided that you are the rightful owner of that Content. Please refer to our other rules regarding posting Content that does not belong to you.

By posting, uploading, or sending Content on Smoke With Me, you represent and warrant that you exclusively own that Content or otherwise have the right to grant us permission to use it in accordance with these Terms.

When you post, upload, or send Content on Smoke With Me, you automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use that Content in any manner. This includes but is not limited to, editing, copying, modifying, adapting, translating, reformatting, creating derivative works, incorporating it into other works, advertising, distributing, and otherwise making it available to the public, whether in whole or in part and in any format or medium currently known or developed in the future.

We may assign and/or sub-license this license to our affiliates and successors without requiring further approval from or notice to you.

We reserve the right to disclose your identity to any third party who claims that any Content you posted or uploaded on Smoke With Me infringes upon their intellectual property, privacy, or other rights.

To help prevent the unauthorized use of any Content you have posted, uploaded, or sent on Smoke With Me by other members or third parties, you authorize us to act on your behalf regarding any infringing or unauthorized uses. This includes the authority, but not the obligation, to send notices under 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of Smoke With Me.Who does the rest of the Content on Smoke With Me belong to then?

Us! The rest of the Content, including text, graphics, user interfaces, trademarks, logos, sounds and artwork on Smoke With Me, as well as the Smoke With Me software and database(s) are owned, controlled or licensed by us and our suppliers and are protected by copyright, trademark, database rights and/or other intellectual property law rights.

Can I use any content that is not my own?

Except for the content you submit to Smoke With Me and the license we grant you under these Terms, you do not have any rights to the content on Smoke With Me. You agree that you will not use any content in a way that infringes on our rights or those of any third party. All rights not explicitly granted in these Terms are reserved by Smoke With Me and its licensors. This means that you agree not to copy, modify, adapt, distribute, publish, or sell any part of Smoke With Me or the content found on the platform (other than the content you submit).

3. Paid for services

What can I buy on Smoke With Me?

Smoke With Me provides an opportunity to purchase certain services known as "Premium Services." These Premium Services include various features, such as connecting with more people, customizing your profile, and boosting your profile visibility to help others find you more easily. You can access these Premium Services after registering, and subscriptions are available for different durations as outlined on the Smoke With Me platform.

Please note that paid services are not available in sanctioned countries.

How do payments generally work?

By ordering any Premium Services on Smoke With Me, you agree to pay for these services according to the billing terms in effect at the time of your purchase. You can purchase Premium Services using the following payment methods (each referred to as a “Premium Payment Method”):

(a) Through a third-party platform, such as the Apple App Store or Google Play Store (each referred to as a “Third Party Store”);

(b) With any accepted credit or debit card;

(b) With any accepted credit or debit card;

(d) Any other payment method available to you at your current location from time to time.

Once you request a Premium Service, you authorize us to charge your selected Premium Payment Method. If your chosen Premium Payment Method does not provide payment, you agree to promptly pay all amounts owed upon our request.

How can I cancel the automatic renewal of my Premium Services with Smoke With Me?

Premium Services may be provided as automatically-renewing subscriptions (e.g., an automatically renewing one-week subscription, onemonth subscription, or three-month subscription.). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE INITIAL SUBSCRIPTION PERIOD AND EACH SUBSEQUENT RENEWAL PERIOD AT Smoke With Me’S THEN CURRENT PRICE FOR SUCH SUBSCRIPTION, UNLESS YOU CANCEL. To avoid charges for a new subscription period, you must cancel at least twenty four (24) hours before the end of the prior subscription period as described below. Deleting your account or deleting the application from your device DOES NOTcancel your subscription. You will be given notice of changes in the pricing of the Premium Services for which you have subscriptions and an opportunity to cancel. If Smoke With Me App changes these prices and you do not cancel your subscription, you agree that you will be charged at Smoke With Me App’s then-current pricing for subscription.

How can I cancel the automatic renewal of my Premium Services with Smoke With Me?

**Overview of Premium Services**

Premium Services may be offered as automatically renewing subscriptions, including options for one week, one month, or three months. Should you choose to purchase an automatically renewing subscription, please be advised that it will renew at the conclusion of the initial subscription period and with each subsequent renewal period at the then-current price set by Smoke With Me, unless a cancellation is initiated.

To prevent incurring charges for a new subscription period, it is necessary to cancel at least 24 hours prior to the expiration of the previous subscription period, as outlined below. It is important to note that deleting your account or uninstalling the application from your device does not constitute a cancellation of your subscription. You will receive notifications regarding any alterations to the pricing of the Premium Services for which you hold subscriptions, along with the opportunity to cancel. If Smoke With Me modifies its pricing and you do not proceed with the cancellation of your subscription, you agree to be charged according to the then-current pricing established by Smoke With Me.

If you purchased Premium Services or a subscription directly from the Smoke With Me application, you may amend your Premium Payment Method through the payment settings option available within your profile. For subscriptions acquired directly from the Smoke With Me application or through the Google Play Store, cancellation can be accomplished by following the instructions provided within the application. Please note that canceling your Premium Payment Method does not effectively cancel your subscription.

If you procured a subscription via the Apple App Store, it will be necessary to access your Apple account and adhere to the instructions provided to change or cancel your subscription. Should you elect to cancel your subscription, you will retain access to the Premium Services until the conclusion of the period for which you have already paid; however, your subscription will not renew at the end of that period, and access to Premium Services will subsequently cease.

The Smoke With Me application can be utilized without requiring a subscription; therefore, cancellation of your Premium Services subscription will not remove your profile from the application. To fully terminate your account, you must follow the procedures outlined in Section 5.

**Pricing and Promotional Offers**

The SmokeWithMe App operates on a global scale, resulting in varied pricing structures influenced by numerous factors. Promotional rates are frequently offered, which may differ based on region, subscription length, bundle size, and other considerations. Furthermore, routine testing of new features and payment options occurs. Smoke With Me reserves the right, without prior notification, to limit the availability of, or discontinue, any product, feature, service, or offering; impose conditions on the honoring of any coupon, discount, or promotional offers; restrict any user from conducting transactions; and decline to provide any user with products, services, or the honoring of promotional offers.

**Free Trials**

If you enroll in a free trial and do not cancel, the trial may automatically convert into a paid subscription, resulting in charges to your Premium Payment Method at the then-current price for such a subscription. Upon conversion, this paid subscription will continue to renew automatically at the end of each period until cancellation is initiated. To avert charges for a new subscription period, cancellation must occur before the conclusion of the current subscription or free trial period as previously indicated. Please be aware that deleting your account or the application from your device does not terminate your free trial. Moreover, if you have previously registered for a free trial through the Apple Store or Google Play Store, you will not qualify for another free trial and will be automatically enrolled in a subscription and charged in accordance with the provisions outlined herein.When can I seek a refund?

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.

However:

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin, the terms below apply:

YOU, THE BUYER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT THAT YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DEATH. IN THE EVENT THAT YOU BECOME DISABLED (SUCH THAT YOU ARE UNABLE TO USE Smoke With Me) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DISABILITY BY PROVIDING THE COMPANY NOTICE IN THE SAME MANNER AS YOU REQUEST A REFUND AS DESCRIBED BELOW.

There are no refunds for subscription renewals. Blocked members are not entitled to refunds.

To request a refund:

In addition to canceling, eligible subscribers must request a refund to receive one.

If you subscribed using your Apple ID, refunds are handled by Apple, not Smoke With Me. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at Apple Support.

For all other purchases: please contact customer support with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet).

You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or cell number associated with your account along with your order number. This notice shall be sent to: Smoke With Me, Attn.: Cancellations, P.O. Box 205 3470 McClure Bridge RD, Duluth GA, 30096

Can I transfer any of my Premium Services to another Smoke With Me user?

Premium Services and Credits are non-transferable; they cannot be sold, bartered, or given away, regardless of whether for free or for a price. Smoke With Me does not acknowledge any supposed transfers of Premium Services. Therefore, you are prohibited from trading, selling, gifting, or attempting to sell any Premium Services for any form of value. Any such transfer or attempted transfer is invalid and may result in the termination of your account.

Do sales taxes apply?

If the Smoke With Me App determines that it is legally obligated to collect Sales Tax from you, it shall do so in addition to the payments specified in Section 3 of these Terms. Should any Premium Services, or payments associated with such services, be subject to Sales Tax in any jurisdiction, and you have not remitted the appropriate Sales Tax to Smoke With Me App, you shall be responsible for the payment of that Sales Tax, along with any applicable penalties or interest imposed by the relevant tax authority. Furthermore, you agree to indemnify Smoke With Me App for any liabilities or expenses it may incur in relation to these Sales Taxes. Upon request, you are required to provide official receipts issued by the relevant taxing authority or other evidence demonstrating that you have paid all applicable taxes. For the purposes of this section, “Sales Tax” shall encompass any sales or use tax as well as any other tax measured by sales proceeds that serves a similar function to a sales tax in jurisdictions that do not impose a sales or use tax.

Withholding taxes?

You agree to make all payments for fees to Smoke With Me App in full, without any deductions for withholding taxes. Should any such taxes be imposed on these payments, you will assume sole responsibility for their payment. Furthermore, you are required to provide Smoke With Me App with official receipts issued by the relevant tax authority or any other documentation that we may reasonably request to confirm that such taxes have been duly paid.

4. Access to the app and site

Do you guarantee that Smoke With Me will be up and running at all times?

We would like to clarify that while we strive to provide reliable service, we cannot guarantee uninterrupted access at all times. There may be occasions when maintenance is required on the app or website, or when unforeseen issues or circumstances beyond our control arise. As a result, Smoke With Me is offered on an "as is" and "as available" basis.

Please note that we do not provide any warranties regarding the quality, accuracy, functionality, availability, or performance of Smoke With Me. Additionally, we reserve the right to suspend, withdraw, amend, modify, or otherwise alter the services available on Smoke With Me without prior notice and without incurring any liability. We appreciate your understanding as we work to maintain and improve our service.

How does mobile access and communication work with the Smoke With Me app?

You are responsible for making all necessary arrangements to gain access to Smoke With Me, which includes any fees imposed by your internet or mobile service provider, as well as any additional associated charges. We shall not be held liable for any diminished functionality experienced while accessing Smoke With Me via mobile services or any similar services, whether currently available or developed in the future.

By entering into these Terms or utilizing Smoke With Me, you consent to receive communications from us through various channels, including email, text messages, phone calls, and push notifications, which may be generated by automatic dialing systems. Such communications may include, but are not limited to, operational updates regarding your account or the use of Smoke With Me

By accessing Smoke With Me or agreeing to receive messages or notifications through your mobile phone or any connected device, you acknowledge that you may incur charges from your internet or mobile service provider. We shall not be liable for such charges under any circumstances. You may opt out of certain communications by unsubscribing. I’m not registered, and I can’t seem to access some Content or features on the app or site. Why is that?

Non-registered users are able to access only that portion of Smoke With Me that is publicly available. They will not have a Profile but may have limited ability to upload any Content. The extent of registered users’ access to Smoke With Me will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.

5. Termination of use by you

What do I do if I want to “unregister” myself from Smoke With Me?

We are pleased to welcome you to the Smoke With Me community. Should you require a break, you have the option to deactivate your account at any time. To do so, simply log in, navigate to the ‘Settings’ section, and select the ‘Delete Account’ link. We assure you that your profile information will remain secure, facilitating a seamless reactivation whenever you choose to return. Many users opt for temporary deactivation, and we recognize the significance of preserving your information for future access. You may restore your account and profile within 28 days or even beyond. However, please be advised that once an account is permanently terminated, we reserve the right to remove any content you have uploaded. For additional information, please refer to our Privacy Policy. We are here to assist you

In addition to deleting your account, you will also need to cancel/ manage any recurring subscriptions purchased via a Third Party Store (e.g., iTunes, Google Play) to avoid additional billing.

When might Smoke With Me terminate my account?

We reserve the right, at our sole discretion, to terminate or suspend any Account, or to utilize any operational, technological, legal, or other measures available to enforce these Terms, including, but not limited to, the blocking of specific IP addresses, at any time and without liability or prior notice. Without limiting the aforementioned provisions, we expressly reserve the right to terminate or suspend your Account without notice under the following circumstances: (1) for violations of these Terms, (2) due to your conduct within the App or your interactions with other users of the App, including offline conduct, if it is determined, at our sole discretion, that such conduct was inappropriate, improper, or unlawful, (3) if we or our affiliates determine that your conduct on other applications operated by our affiliates was inappropriate or improper, or (4) for any other reasons we deem, at our sole discretion, as justifying termination. In the event that your Account is terminated or suspended, you acknowledge and agree that you will not receive a refund for any paid services or features for which you have already been charged. You agree that any terminations for cause shall be at the sole discretion of Smoke With Me App and that Smoke With Me App shall not be liable to you or any third party for any termination of your Account.

What happens once my account has been terminated?

Following termination of these Terms and/or your account, the Content that you have uploaded to Smoke With Me, other than your profile (such as comments or email messages), may still appear on Smoke With Me following termination of your registration, although Smoke With Me may delete such information. In addition, termination of these Terms and/or your account includes removal of access to your account, and all related information and Content associated with or inside your account. We reserve the right to enforce all rights in connection with any Content that remains active or otherwise available on Smoke With Me or its services.

All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers, dispute resolution provisions, and limitations of liability.

6. Colorado Safety Policy

In addition to the above terms, If you are a resident of Colorado the following Safety Policy terms also apply to you:

There is certain content we can’t allow on Smoke With Me. You may not post, send or upload any Content which:

• is illegal or encourages, promotes or incites any illegal activity including misconduct that threatens public or personal safety such as a threatened act, or attempted act of homicide, unlawful sexual behavior, assault, kidnapping, stalking, harassment, involuntary intoxication, robbery, theft, or any other conduct that threatens public or another person's safety.
• is harmful to minors;
• is defamatory or libelous;
• itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
• shows another person which was created or distributed without that person’s consent;
• contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
• is obscene, pornographic, violent or otherwise may offend human dignity;
• is abusive, insulting or threatening, discriminatory or which promotes, depicts or encourages racism, sexism, hatred or bigotry;
• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
• involves the transmission of “junk” mail or “spam”;
• impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behaviour);
• contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Smoke With Me or otherwise; or
• in any other way violates these Terms

Background Check

In certain circumstances, such as in response to member-generated or press reports of suspected misconduct, the Smoke With Me App may investigate whether a member has a criminal history, which may, depending on the circumstances, include searching sex offender registries or other public records. If such investigations identify a person with a criminal conviction, the Smoke With Me App may use available information to determine whether the person identified by the investigation is the same person as the member about whom the investigation was conducted. following any such investigation, with respect to any member that the Smoke With Me App reasonably believes to have been convicted of a sex offense (such as sexual assault or sexual harassment, and including any registered sex offenders), or a conviction for human trafficking, stalking, kidnapping, child abuse, domestic abuse, murder, hate crimes, or terrorism or violent extremism, the Smoke With Me App may take steps to block that person from using the service and communicating with other members over the platform. The Smoke With Me App reserves the right to block members for other offenses, for other violations of these terms, or for other reasons in their sole discretion. Criminal background investigations, when conducted, are not typically updated by the Smoke With Me App. Additionally, while investigations for criminal histories may be conducted on some members, they are not foolproof, and most members are not expected to be subject to any form of check for criminal histories. Any investigations for criminal histories may give members a false sense of security. The checks for criminal histories that may be conducted by the Smoke With Me App are not a perfect safety solution. Criminals may circumvent even the most sophisticated search technology. Not all criminal records are public in all states and not all databases are up to date. Only publicly available convictions are included in checks, and checks do not cover other types of convictions or arrests or any convictions from foreign countries.

Identification Verification

We reserve the right to request proof of age, which may involve submitting a state-issued ID or passport. Additionally, we may ask for a liveness test while you hold the same documents used for age verification. To use our service, you must be at least 21 years old, or the legal age of majority in your country if that age is higher than 21. Please note that we actively monitor for underage use, and we will terminate or suspend your account, or request verification if we have reason to believe you may be underage.

When a member may be suspended or blocked

All members must comply with the platform rules described and referenced in our Community Guidelines. If you behave in a way that goes against Smoke With Me’s Community Guidelines and values or otherwise act in any way we believe to be potentially harmful to Smoke With Me or its members, we may take a range of actions on your account. When determining the penalty for violating our community guidelines, we consider a number of factors.

We may:

• Remove the content
• Issue a warning
• Ban the offending member from some or all HeaveN360LLC apps

When necessary, we also may cooperate with law enforcement to assist in potential criminal investigations related to member conduct.

Your treatment towards others outside of the Smoke With Me app can also result in action against your account. If we’re made aware of harm between members on dates, meetups with friends, via text message or direct messaging platforms, or relevant alleged criminal or harmful conduct committed in your past or outside of Smoke With Me, we may take action as if it happened on our platform.

You cannot submit appeals, reports, notices or complaints that are false reports or report for malicious, biased, or other illegitimate reasons.

Appeals rights and appeal process

If you believe that we’ve made a mistake in taking action on your Account or Your Content (defined below), you have the option to appeal our decision within a six-month period. If you wish to appeal a decision, please start by taking a moment to read the relevant section of our Community Guidelines. If you still think there has been a mistake in the action taken on your account or content, the best way to appeal is to fill out the appeals form linked in the notification shown to you within the app at the time. Alternatively, you can contact us (please explain why you are appealing our decision, and give as much detail as you can).

User Notice

When you submit a Block and Report request, a member of the support team will conduct a review and take appropriate action in accordance with SmokeWithMe’s Community Guidelines. Potential actions may include issuing a warning or imposing a ban on the individual from accessing the application. Please be assured that Smoke With Me will not disclose your identity as the reporting party to the individual you reported.

Notice regarding Sexual Conduct

Consent is an essential requirement at all times within our organization. At Smoke With Me, individuals are expected to engage in open discussions regarding personal boundaries and to demonstrate respect for those boundaries. It is imperative to avoid making assumptions about another person's comfort level. Furthermore, consent can be withdrawn at any time. It is important to emphasize that sexual activities are never owed to anyone; such expectations are not only inappropriate but also constitute a violation of the law in Colorado, potentially resulting in criminal or civil liability. Maintaining clear communication and mutual respect is of utmost importance in all interactions.

Safety Measures

Safety is a top priority at Smoke With Me. We use a combination of human moderators and automated systems to monitor and review Smoke With Me accounts and interactions for content that may be against our Community Guidelines, against our Terms and conditions ,or otherwise harmful.

Our members play a critical role in the safety of Smoke With Me by reporting content or behavior that may violate our Community Guidelines. If anything happens that makes you feel uncomfortable or unsafe, we highly encourage you to Unmatch

with – or Block & Report

– the member. For a full list of resources and measures, please visit our Safety Centre and review our safety handbook
7. Abuse/Complaints

If someone is not following the Terms, whom should I inform?

You can report any abuse or complain about Content on Smoke With Me by contacting us via the shield icon inside the app outlining the abuse and or complaint. You can also report a user directly from a profile, by clicking the ‘Report Abuse’ link on their profile, choosing the reason for the complaint and providing us with any additional information you think fit.

We will always try our best to help resolve any issue that you may encounter with our service. If your complaint or dispute remains unresolved, however, you may be eligible to use the European Commission’s online dispute resolution platform

Are other users vetted?

IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO MEMBERGENERATED OR PRESS REPORTS OF SUSPECTED MISCONDUCT, THE Smoke With Me App MAY INVESTIGATE WHETHER A MEMBER HAS A CRIMINAL HISTORY, WHICH MAY, DEPENDING ON THE CIRCUMSTANCES, INCLUDE SEARCHING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF SUCH INVESTIGATIONS IDENTIFY A PERSON WITH A CRIMINAL CONVICTION, THE Smoke With Me App MAY USE AVAILABLE INFORMATION TO DETERMINE WHETHER THE PERSON IDENTIFIED BY THE INVESTIGATION IS THE SAME PERSON AS THE MEMBER ABOUT WHOM THE INVESTIGATION WAS CONDUCTED. FOLLOWING ANY SUCH INVESTIGATION, WITH RESPECT TO ANY MEMBER THAT THE Smoke With Me App REASONABLY BELIEVES TO HAVE BEEN CONVICTED OF A SEX OFFENSE (SUCH AS SEXUAL ASSAULT OR SEXUAL HARASSMENT, AND INCLUDING ANY REGISTERED SEX OFFENDERS), OR A CONVICTION FOR HUMAN TRAFFICKING, STALKING, KIDNAPPING, CHILD ABUSE, DOMESTIC ABUSE, MURDER, HATE CRIMES, OR TERRORISM OR VIOLENT EXTREMISM, THE Smoke With Me App MAY TAKE STEPS TO BLOCK THAT PERSON FROM USING THE SERVICE AND COMMUNICATING WITH OTHER MEMBERS OVER THE PLATFORM. THE Smoke With Me App RESERVES THE RIGHT TO BLOCK MEMBERS FOR OTHER OFFENSES, OR FOR OTHER VIOLATIONS OF THESE TERMS, OR FOR OTHER REASONS IN THEIR SOLE DISCRETION. CRIMINAL BACKGROUND INVESTIGATIONS, WHEN CONDUCTED, ARE NOT TYPICALLY UPDATED BY THE Smoke With Me App. ADDITIONALLY, WHILE INVESTIGATIONS FOR CRIMINAL HISTORIES MAY BE CONDUCTED ON SOME MEMBERS, THEY ARE NOT FOOLPROOF AND MOST MEMBERS ARE NOT EXPECTED TO BE SUBJECT TO ANY FORM OF CHECK FOR CRIMINAL HISTORIES. ANY INVESTIGATIONS FOR CRIMINAL HISTORIES MAY GIVE MEMBERS A FALSE SENSE OF SECURITY. THE CHECKS FOR CRIMINAL HISTORIES THAT MAY BE CONDUCTED BY THE Smoke With Me App ARE NOT A PERFECT SAFETY SOLUTION. CRIMINALS MAY CIRCUMVENT EVEN THE MOST SOPHISTICATED SEARCH TECHNOLOGY. NOT ALL CRIMINAL RECORDS ARE PUBLIC IN ALL STATES AND NOT ALL DATABASES ARE UP TO DATE. ONLY PUBLICLY AVAILABLE CONVICTIONS ARE INCLUDED IN CHECKS, AND CHECKS DO NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS OR ANY CONVICTIONS FROM FOREIGN COUNTRIES.

We don’t control any of the things our users say or do. Though we set and enforce our Terms of Service and take steps to try to prevent misbehavior in the Smoke With Me community, we do not owe you a duty to protect you from any type of harm caused by other users. You are solely responsible for your interactions with other users of Smoke With Me.

You agree to, and hereby do, to the maximum extent permissible under applicable law, release Smoke With Me App and its affiliates, and their respective officers, directors, employees, agents, representatives and successors from 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 Smoke With Me. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

8. Privacy Policy

Do you have guidelines in place about what you can do with my personal data?

We process information in accordance with our Privacy Policy

which is incorporated into these Terms and Conditions of Use. Please read the terms of our Privacy Policy prior to using Smoke With Me.

9. Links

Do the links on the app or website relate to Smoke With Me?

Smoke With Me may feature links to external websites, resources, and purchasing opportunities provided by third parties. These links are intended for informational purposes only. Should you choose to access these links, you may be directed to third-party sites, which will have their own terms of use and privacy policies that may differ from those of our organization. The inclusion of links to third-party sites does not imply endorsement of their content, information, or resources by us.

It is important to note that we have no control over the content of any thirdparty sites or resources, and we accept no responsibility for them. This encompasses, but is not limited to, the compliance of these third-party sites with applicable laws and regulations.

10. Disclaimer of warranties

I forgot the rules of conduct in these Terms, and now someone is threatening to sue me. Will your lawyers help resolve this?

No. If you choose to act in a way that disrupts other users, you are fully responsible for the consequences. We clearly state that we accept no responsibility or liability for your actions or those of any other user of Smoke With Me. Furthermore, we hold no liability for any content uploaded by you or any other user.

What can you tell me about the reliability of Smoke With Me and the information it provides?

The information and Content contained on Smoke With Me is provided by Smoke With Me App on an “as is”, “as available” basis. Smoke With Me DOES NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND ABOUT Smoke With Me OR THE INFORMATION CONTAINED ON Smoke With Me, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF Smoke With Me AND THE INFORMATION AND CONTENT AVAILABLE ON IT IS AT YOUR SOLE RISK.

Smoke With Me shall not be held liable for any losses resulting from the transmission or use of data, or for any inaccuracies in content posted by users. It is the user's responsibility to take all necessary precautions to ensure that any material obtained from Smoke With Me is devoid of viruses or other harmful components. Users acknowledge that Smoke With Me may not function continuously or without errors, that any defects may not be rectified, and that the service or the server facilitating it may be susceptible to viruses, bugs, spyware, Trojan horses, or similar malicious software.

Furthermore, Smoke With Me disclaims any responsibility for damage to users' computers, device hardware, software, or any other technology or equipment. This includes, but is not limited to, damages arising from security breaches, viruses, bugs, tampering, fraud, errors, omissions, interruptions, defects, delays in operation or transmission, computer line or network failures, or any other technical malfunctions.

11. Limitation of Liability

Nothing in the Terms limits or excludes our liability for:

1. death or personal injury caused by our proven negligence
2. our fraud or fraudulent misrepresentation; or
3. any liability which cannot be limited or excluded by law.

TO THE FULLEST EXTENT PERMITTED BY LAW, Smoke With Me App EXPRESSLY EXCLUDES, DISCLAIMS AND SHALL NOT BE LIABLE FOR:

1. ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY; AND
2. ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING INCLUDING NEGLIGENCE), OR ANY CLAIMS, CHARGES, DEMANDS, LIABILITIES, LOSSES OR EXPENSES ARISING OUT OF LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, WASTED MANAGEMENT OR OFFICE TIME, BREACH OF CONTRACT OR CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF Smoke With Me App HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF Smoke With Me.

IN NO EVENT WILL Smoke With Me App’S TOTAL LIABILITY TO YOU IN RESPECT OF Smoke With Me AND ANY LOSSES ARISING UNDER OR IN CONNECTION WITH YOUR USE OF Smoke With Me OR THE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, OR OTHERWISE) EXCEED THE GREATER OF (I)$50 USD, OR (II) THE AMOUNTS PAID BY YOU TO Smoke With Me App DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY.

12. Indemnity

If we are sued because of your use of Smoke With Me, we have the right to defend or settle the claim in the manner we choose. If we ask for your assistance, you agree to cooperate fully and reasonably in our defense of any related claim.

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless us, along with our officers, directors, employees, agents, representatives, and licensors, from any third-party claims, damages (including both actual and consequential damages), actions, proceedings, demands, losses, liabilities, costs, and expenses (which shall include reasonable attorneys' fees) that are suffered or reasonably incurred by us as a result of, or in connection with:

1. Your access to and use of Smoke With Me.

2. Your interactions with any other users of Smoke With Me.

3. The uploading or submission of content to Smoke With Me by you.

4. Your conduct or actions.

5. Your violation of any laws or the rights of any third parties.

6. Any other negligent or willful misconduct on your part (collectively referred to as “Claim”).

Please be advised that Smoke With Me reserves the exclusive right to settle, compromise, or pay any and all claims or causes of action brought against us without requiring your prior consent.

13. Procedures for Making Claims of Infringement

Smoke With Me App has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”) of the United States. If you believe any Content on Smoke With Me infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to Smoke With Me App’s Copyright Agent as identified below, including the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notices should be sent to Smoke With Me App’s Copyright Agent at: SmokeWithMeApp@gmail.com or Smoke With Me, attn: DMCA Takedown Notice, P.O. Box 205, 3470 McClure Bridge RD, Duluth, GA, 30096

14. Dispute Resolution

PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. UNLESS YOU OPT OUT IN THE MANNER DESCRIBED IN SECTION 14(10) BELOW, THIS ARBITRATION AGREEMENT REQUIRES YOU AND Smoke With Me App TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, AND LIMITS THE MANNER IN WHICH WE MAY SEEK RELIEF FROM EACH OTHER.

1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any disputes or claims of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) between you and the Smoke With Me App arising out of or relating to the Terms, prior versions of the Terms, your use of our App, these Terms or any other aspect of your relationship with Smoke With Me, including claims or disputes arising (but not actually filed in arbitration) before the effective date of these Terms. It requires that, and by entering into these Terms you and the Smoke With Me App agree, that such disputes or claims will be resolved by binding arbitration, rather than in court, except (i) that you or the Smoke With Me App may assert individual claims in small claims court if your claims qualify; (ii) that you or the Smoke With Me App may seek equitable relief in court for infringement or misuse of intellectual property rights, and (iii) to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of the disputes or claims.
2. Notice of Dispute and Informal Resolution. Before beginning the arbitration process, you and the Smoke With Me App agree to first notify one another of the dispute in writing at least 60 days in advance of initiating an arbitration. Notice to the Smoke With Me App must be sent by letter to our registered agent: HeaveN360LLC P.O. Box 205, 3470 McClure Bridge RD, Duluth, GA, 30096
   , and must provide your name, current email address, mailing address, and telephone number, as well as the name, email address, and telephone number associated with your Smoke With Me account (if different from your current information); and describe the nature of the claim and the specific relief being sought.
   You and the Smoke With Me App agree to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim or dispute covered by this Arbitration Agreement. If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference. During this process, you may be provided with an offer of judgment. A party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.
   All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
   The informal dispute resolution conference shall occur within 60 days of receipt of the written notice described above unless an extension is mutually agreed upon. If, after participating in that conference, the parties are unable to resolve the dispute, the claimant may commence an arbitration in accordance with this Agreement.
   Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. Failure to do so is a breach of this Agreement, and no demand for arbitration shall be valid unless such written notice is provided and good faith discussions have been conducted.
   Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.
3. How Do You Start The Arbitration Process? ? If you and the Smoke With Me App are unable to resolve the dispute within 60 days, either party may proceed to file a claim for arbitration. To begin the arbitration process, you or the Smoke With Me App must submit notice by certified mail of the claim with an individualized arbitration demand. To be valid, the demand must contain the name of the claiming party (you or the Smoke With Me App), your or Smoke With Me App’s mailing address, the email address or phone number associated with your Smoke With Me account (if applicable), and a detailed description of the dispute and the relief sought. Notice to the Smoke With Me App must be submitted to our registered agent: HeaveN360LLC P.O. Box 205, 3470 McClure Bridge RD, Duluth, GA, 30096
4. What Are The Rules Of Arbitration? The Federal Arbitration Act (“FAA”) governs this Arbitration Agreement and applies to the interpretation and enforcement of this Arbitration Agreement. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, that issue shall be determined by New York law, notwithstanding choice-of-law principles, pursuant to Section 14 of the Terms. The applicable arbitration provider depends on where you live. If you live in California, the arbitration will be administered by ADR Services, Inc. under its most current arbitration rules and procedures , available at https://www.adrservices.com/services-2/arbitration-rules/. If you live outside of California, the arbitration will be administered by National Arbitration and Mediation under its most current Comprehensive Dispute Resolution Rules and Procedures, available at: https:// www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at https://www.namadr.com/content/uploads/2021/12/ SupplementalRules12.22.21.pdf. If the applicable arbitration provider is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement, including those described in Section 14(8) (Mass Filings), the parties will select an alternative arbitral forum. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement. This Arbitration Agreement will govern to the extent it conflicts with the arbitration provider’s rules
   The initiating party must pay all filing fees for the arbitration. Your and the Smoke With Me App’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.
   You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, New York state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, the Smoke With Me App will pay the filing fees for you.
5. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to resolve any and all threshold arbitrability issues, including whether this Arbitration Agreement is applicable, enforceable, or unconscionable. Courts, however, shall have the exclusive authority to determine (i) whether any provision of this Arbitration Agreement should be severed and the consequences of said severance, (ii) the enforceability of any or all of the mass arbitration procedures set forth in Section 14(8), (iii) whether you have complied with conditions precedent to arbitration, and (iv) whether an arbitration provider is available to hear the arbitration(s) under Section 14(4).
6. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available in an individual lawsuit under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement).
   The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in a court of law would have in an individual lawsuit. The award of the arbitrator is final and binding upon you and us. Pursuant to and in conformance with Section 15 of the Terms, any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a State or Federal Court located in New York, New York.
7. No Jury Trials.By agreeing to arbitration, YOU AND Smoke With Me ARE EACH AGREEING TO WAIVE THEIR RIGHTS TO A JURY TRIAL. Instead, you and the Smoke With Me App are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 14(1) above. An arbitrator can award the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
8. One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND THE Smoke With Me App GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. However, this shall not preclude the use of bellwether arbitrations, global mediation, or batch arbitrations as described in Section 13(8) below, nor preclude the application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. Only relief that would be permitted in an individual lawsuit is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user, except as provided in Section 14(8) below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as provided in Section 14(8) below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable.
9. For mass arbitrations before ADR Services, Inc., you and SmokeWithMe App agree that its mass arbitration fee schedule shall apply, available at https://www.adrservices.com/wp-content/uploads/ 2022/10/ADR-Mass-Consumer-Non-Employment-Fee-ScheduleEff-11-5-21.pdf. For mass arbitrations before National Arbitration and Mediation, you and SmokeWithMe App agree that its mass arbitration fee schedule shall apply, available at https://www.namadr.com/ content/uploads/2023/07/Consumer-Fees-as-of-7.1.2023-updated-asof-7.1.2023.pdf. For mass arbitrations before any other arbitration provider, you agree that its mass arbitration fee schedule shall apply. If the arbitrator does not have a fee schedule for mass filings, then the claims must proceed in court.
   If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Travis County, Texas. All other claims shall be arbitrated. This subsection does not prevent you or Smoke With Me from participating in a class-wide settlement of claims.
10. Mass Filings.If, at any time 30 or more similar demands for arbitration are asserted against Smoke With Me or related parties by the same or coordinated counsel or entities, or if the SmokeWithMe App asserts 30 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:
• **Acknowledgment of Mass Filing Protocols**
• In the event that you, the Smoke With Me App, or legal counsel representing either party submits a demand for arbitration that meets the criteria for "Mass Filing" as previously defined, both parties agree that such a demand shall be subject to the additional protocols specified in this Mass Filings subsection.
• Should there be any disagreement regarding whether a series of filings qualifies as a Mass Filing, the determination will be made by the arbitration provider. Furthermore, both parties acknowledge that the adjudication of the dispute may experience delays and that any relevant statute of limitations will be suspended from the moment the demand for arbitration is filed until the resolution of the bellwether proceedings is achieved.Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor Smoke With Me will be required to pay any such filing fees. You and Smoke With Me App also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial prehearing conference.
• Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the Parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation. Absent notice of an opt-out, the arbitrations may then be filed and administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings as described in Subsection 14(7) above, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
• Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Smoke With Me App agree that in the event a Mass Filing is not resolved by the Bellwether Arbitration and Global Mediation processes described above, the arbitration provider will (1) administer the remaining arbitration demands in batches of 100 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply.
• Enforcement of Subsection. A Court of competent jurisdiction located in a venue allowed under Section 15 of the Terms and Conditions shall have the power to enforce this subsection.
11. Offer of Judgment. At least 14 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
12. Opt-Out. Updates to Smoke With Me’s Terms do not provide a new opportunity for you to opt out of arbitration if you previously agreed to a prior version of Smoke With Me’s Terms containing an arbitration provision and did not validly opt out of arbitration.
• Previous or existing users. Users who previously agreed to arbitrate may reject this updated Arbitration Agreement by following the opt-out method below, but such users will still be bound by the most recent prior version of the Arbitration Agreement and will otherwise be bound by these Terms. Previous or existing users who do not opt out of this updated Arbitration Agreement will be bound by this Arbitration Agreement and it shall apply to all disputes between such users and Smoke With Me, including those arising (but not actually filed in arbitration) before the effective date of these Terms. Arbitration demands that have already been actually filed with an arbitration provider before the effective date of this Arbitration Agreement and in compliance with a prior version of this Arbitration Agreement are subject to the prior version’s terms.
13. Method and impact of opting out.You may opt out of this Arbitration Agreement by sending a written notice to Smokewithmeapp@gmail.com within 31 days of first becoming subject to this agreement. Your notice must include the following information:
    1. Your name
    2. Your Smoke With Me username (if applicable)
    3. The email address and/or phone number associated with your Smoke With Me account (if you have one)
    4. A clear statement indicating that you wish to opt out of this Arbitration Agreement
14. If you opt out, all other sections of the Terms and agreements with Smoke With Me will remain valid. Opting out of this Arbitration Agreement will not impact other arbitration agreements you may have with us. Severability: If any part of this Arbitration Agreement is found to be invalid, that part will be void, while the remaining provisions will stay in effect. If a court finds any provision invalid due to obstructing a non-waivable right to seek public injunctive relief, that specific issue may be litigated in court, while other disputes will still go to arbitration. Survival of Agreement: The terms of this Arbitration Agreement will remain in effect even after your relationship with Smoke With Me ends.

15. Miscellaneous

The Terms, as well as any disputes or claims arising from them or related to their subject matter (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. In the event of any discrepancies between this English language version and any translated versions of these Terms, the English version shall prevail.

We retain the right to modify, amend, or change these Terms at any time (hereinafter referred to as a “Change”). In the event that any Changes are made, they will be published on this page, and the effective date of the updates will be indicated at the bottom of the Terms. Under certain circumstances, we may also send an email to notify you of any Changes and/or require your explicit consent to such Changes. It is advisable to regularly review this page to remain informed of any updates. Should you not accept any Change to the Terms, you must cease usage of Smoke With Me immediately. Your continued use of Smoke With Me subsequent to any Change signifies your acceptance of the revised Terms, thereby binding you legally to the updated conditions.

If any provision of these Terms is found to be illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, that specific provision shall be severed from the Terms. The remaining provisions shall continue in full force and effect, remaining binding and enforceable.

The Terms constitute the complete agreement and understanding between us regarding your use of Smoke With Me, superseding all prior agreements, representations, and arrangements, whether oral or written. This clause does not limit or exclude any liability for fraudulent misrepresentation.

Failure or delay by our organization in exercising any right, power, or privilege under the Terms shall not be construed as a waiver of such right or an acceptance of any modification to the Terms. Furthermore, the partial or singular exercise of any right, power, or privilege by either party shall not preclude the further exercise of that right or the exercise of any other right, power, or privilege.

No provisions within the Terms shall confer or be interpreted as conferring any benefits or rights to enforce any aspect of the Terms upon any third party. Additionally, the Contracts (Rights of Third Parties) Act 1999 shall not be applicable to these Terms.

You cannot assign, subcontract, delegate, or transfer these Terms, along with your rights and obligations under them, without prior written consent from SmokeWithMe App. Any attempt to assign, subcontract, delegate, or transfer in violation of this rule will be considered null and void.

Where SmokeWithMe App requires that you provide an e-mail address, you are responsible for providing SmokeWithMe App with your most current email address. In the event that the last e-mail address you provided to SmokeWithMe App is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, SmokeWithMe App’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

Communication between you and the SmokeWithMe App may occur through electronic means. This includes interactions via the SmokeWithMe App, emails sent to you from SmokeWithMe, notifications posted within the app, or any other electronic communication methods.

For contractual purposes, you agree to the following: (a) you consent to receive communications from SmokeWithMe in electronic form, and (b) you acknowledge that all terms, conditions, agreements, notices, disclosures, and other communications provided to you electronically meet the same requirements as if they were presented in writing.The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

You represent and warrant that:

1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties.

By using Smoke With Me, you acknowledge that it is a global app operating through servers located in various countries, including the United States. If you reside in a country with data protection laws, please be aware that the storage of your personal data may not be as secure as it is in your country. By submitting your personal information, upgrading the services you use, or utilizing the applications available on Smoke With Me, you consent to the transfer, storage, and processing of your personal information in these countries and locations.

If you are a California Resident the following applies to you: In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Smoke With Me is not a marriage broker. It is a free-to-use app that empowers all people to build connections by authentically expressing who they really are and what they really want.

16. THIRD PARTY APP STORE

The following additional terms and conditions apply to you if you download "Smoke With Me" from a Third Party Store. If the other terms and conditions in these Terms are less restrictive than, or conflict with, the terms in this section, the more restrictive or conflicting terms in this section will take precedence, but only in relation to "Smoke With Me" and the Third Party Store. You acknowledge and agree to the following:

1. These Terms are established exclusively between the user and the SmokeWithMe application, and not with the providers of the Third Party Store. The SmokeWithMe application, and not the Third Party Store providers, bears full responsibility for the SmokeWithMe application and its associated content. In instances where these Terms stipulate usage rules for the SmokeWithMe application that are either less restrictive or in conflict with the applicable terms of service of the Third Party Store from which the SmokeWithMe application is obtained, the more restrictive or conflicting terms set forth by the Third Party Store shall take precedence and will be applicable.
2. The provider of the Third Party Store bears no obligations regarding the provision of maintenance or support services for the Smoke With Me application. The Smoke With Me application shall assume complete responsibility for any product warranties, whether these warranties are expressed or implied by law, to the extent that such warranties are not effectively disclaimed. The Third Party Store provider shall have no warranty obligations concerning the Smoke With Me application, and any claims, losses, liabilities, damages, costs, or expenses arising from any failure to meet warranty standards shall be solely the responsibility of the Smoke With Me application.
3. The SmokeWithMe App, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have regarding Smoke With Me or your possession and use of it. This includes, but is not limited to: (i) product liability claims; (ii) any claim that Smoke With Me does not comply with applicable legal or regulatory requirements; (iii) claims arising under consumer protection or similar laws; and (iv) intellectual property infringement claims.
4. The Third Party Store provider and its subsidiaries are considered third-party beneficiaries of these Terms. By accepting these Terms, you agree that the Third Party Store provider from whom you obtained "Smoke With Me" has the right to enforce these Terms against you as a third-party beneficiary.

17. Additional _Terms of Use_

_Effective Date:_ March, 17th, 2025

_1. Introduction_

Welcome to SmokeWithMe App! These Terms of Use ("Terms") govern your use of our social media mobile application (the "SmokeWithMe App") and the services we provide, including live video streaming.

_2. Eligibility_

You must be at least 21 years old to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.

_3. Account Registration_

To use the App, you must create an account. You agree to provide accurate and complete information, including your name, email, phone number, address, and password. You are responsible for maintaining the confidentiality of your account and password.

_4. User Conduct_

You agree to use the App in a manner that is respectful, lawful, and does not infringe on the rights of others. You will not:

- Post explicit or offensive content
- Harass or bully other users
- Share personal information about others without their consent
- Use the App for commercial purposes without our prior written consent
- Violate our community guidelines

_5. Live Video Streaming_

When using the live video streaming feature, you agree to:

- Comply with our community guidelines and terms
- Not stream explicit or offensive content
- Not infringe on the rights of others
- Not engage in illegal or harmful activities
- Be aware that live video streaming may be recorded and stored by us or other users

_6. Intellectual Property_

The App and its contents, including but not limited to text, images, and software, are the property of [Smoke With Me] or its licensors. You agree not to reproduce, modify, or distribute the App or its contents without our prior written consent.

_7. User-Generated Content_

You retain ownership of the content you post on the App. By posting content, you grant us a worldwide, non-exclusive, royalty-free license to use, modify, and distribute the content.

_8. Termination_

We may terminate or suspend your account or access to the App at any time, without notice, for any reason or no reason.

_9. Disclaimers_

The App and its contents are provided on an "as is" and "as available" basis, without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

_10. Limitation of Liability_

In no event will we be liable for any damages, including but not limited to incidental, consequential, or punitive damages, arising out of the use or inability to use the App.

_11. Governing Law_

These Terms will be governed by and construed in accordance with the laws of Georgia, United States.

_12. Entire Agreement_

These Terms constitute the entire agreement between you and us regarding the use of the App.

_13. Changes to Terms_

We may update these Terms from time to time. We will notify you of significant changes by posting a notice in the App or sending you an email.

_14. Contact Us_

If you have questions or concerns about these Terms, please contact us at Support@Smokewithmeapp.com.

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.

About us

www.SmokeWithMeapp.com is an app and site owned and operated by HeaveN360LLC.

We are registered in the United States under control number 14119679.

Our registered office is at 425 Barlow Ct Alpharetta Ga 30022.

Effective date

The Terms were last updated on: March 17th, 2025.