Please read these Terms carefully before using Smalltalk. By creating an account or using the app, you agree to these Terms. If you do not agree, do not use the service.
Note for EU / EEA users: Certain clauses in these Terms (including any arbitration or class action waiver provisions) do not apply to you. EU consumer protection law, including Directive 2019/770 on contracts for digital content, applies to your use of this service. See Section 16 for details.
These Terms of Service ("Terms") constitute a legally binding agreement between you and Smalltalk Inc. ("Smalltalk", "we", "us", or "our"), governing your access to and use of the Smalltalk application and website (the "Services").
You must be at least 18 years old to use the Services. By creating an account, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into this agreement.
To use most features of Smalltalk, you must create an account. You agree to:
You may create only one account per person. Creating multiple accounts to circumvent a ban or other restriction is prohibited.
Smalltalk provides a proximity-based social discovery platform that allows users who have opted in ("Available") to see and connect with other nearby opted-in users via in-app messaging. The service requires location access to function. You may toggle your availability at any time.
Smalltalk is provided on an "as is" basis. We do not guarantee uninterrupted availability, and we may modify, suspend, or discontinue features at any time.
You agree to use Smalltalk only for lawful purposes and in a manner consistent with these Terms. You are responsible for all content you post, messages you send, and actions you take on the platform.
In addition to the conduct rules above, you may not:
You retain ownership of content you submit to Smalltalk (photos, bio text, messages). By submitting content, you grant Smalltalk a limited, non-exclusive, royalty-free licence to store, process, and display that content solely as necessary to provide the service. This licence terminates when you delete the content or your account.
The Smalltalk name, logo, app design, and underlying technology are owned by Smalltalk Inc. and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use Smalltalk's trademarks, logos, or other branding.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.
Smalltalk provides tools to block and report users who violate these Terms. We review reports and may suspend or terminate accounts that we determine, at our sole discretion, have violated these Terms. We do not guarantee action on every report but take abuse seriously.
If you are in immediate danger, please contact your local emergency services. Smalltalk is not a safety or emergency service.
The Smalltalk app is free to download and use. Certain premium features ("Pro") may be offered for a fee. Any paid features will be clearly disclosed before purchase. Purchases made through the Apple App Store or Google Play Store are subject to the respective platform's payment and refund policies.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMALLTALK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Smalltalk is not responsible for the conduct of its users, whether online or offline. Meeting people through any social platform carries inherent risks. You are responsible for your own safety when meeting users in person.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMALLTALK INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.
SMALLTALK'S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SMALLTALK IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.
You agree to indemnify and hold harmless Smalltalk Inc. and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any third party's rights.
You may delete your account at any time through the app (Profile > Delete my account and data). Smalltalk may suspend or terminate your account at any time if we believe you have violated these Terms. Upon termination, your right to use the Services immediately ceases.
Sections 6.2, 10, 11, 12, and 14 of these Terms survive termination.
Before filing any formal claim, you agree to contact us at hello@getsmalltalk.com and attempt to resolve the dispute informally for at least 30 days.
For users outside the EU / EEA, these Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions. Any disputes not resolved informally shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. This waiver does not apply to EU / EEA users.
We may update these Terms from time to time. We will notify you of material changes via the app or email at least 14 days in advance. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance. If you do not accept the updated Terms, you must stop using the Services and delete your account.
This section applies to users in the European Union, European Economic Area, and United Kingdom. In the event of any conflict between this section and the rest of the Terms, this section prevails for EU / EEA / UK users.
Consumer protection law applies. Nothing in these Terms limits or excludes your rights under applicable EU consumer protection law, including Directive 2019/770 on contracts for digital content and services.
No arbitration clause. The arbitration clause and class action waiver in Section 14 do not apply to EU / EEA / UK users. You retain the right to bring claims before the courts of your member state.
Governing law. For EU consumers, the law of your country of residence applies to the extent it provides stronger consumer protections than US law.
Online Dispute Resolution. The European Commission provides an online dispute resolution (ODR) platform at ec.europa.eu/consumers/odr/. Our email address for ODR purposes is hello@getsmalltalk.com.
Withdrawal right. If you are an EU consumer and have purchased Pro features, you have a 14-day right of withdrawal from the date of purchase, except where digital content has already been fully performed with your prior express consent.
Diese Nutzungsbedingungen wurden unter Berücksichtigung der Anforderungen des deutschen AGB-Rechts (§§ 305 ff. BGB) erstellt. Überraschende oder unangemessen benachteiligende Klauseln finden keine Anwendung. Die Unwirksamkeit einzelner Bestimmungen berührt nicht die Wirksamkeit der übrigen Bedingungen. Im Zweifel gelten die für Verbraucher günstigeren Auslegungen.
For questions about these Terms, contact us at:
Smalltalk Inc.
Email: hello@getsmalltalk.com
Address: [Address to be completed before launch]
Related: Privacy Policy · Impressum