Terms of Use

1. Eligibility and Authority

You must be at least thirteen (13) years of age to access or use the Service. By using the Service, you represent and warrant that:

• You are at least 13 years old;
• You possess the legal capacity and authority to enter into these Terms;
• All information submitted by you is truthful, accurate, current, and complete;
• Your use of the Service does not violate any applicable law, regulation, or contractual obligation; and
• You will comply with these Terms and all applicable local, state, national, and international laws and regulations.

If you are accessing or using the Service on behalf of an organization, institution, or other entity, you represent and warrant that you have authority to bind such entity to these Terms.

2. Accounts and Authentication

Access to certain features of the Service requires authentication through supported third-party identity providers, including Google Sign-In.

You acknowledge and agree that:

• You are solely responsible for maintaining the confidentiality and security of your account credentials and associated devices;
• You are responsible for all activities occurring under your account, whether or not authorized by you;
• You must immediately notify Smata of any unauthorized access to or use of your account;
• Smata is not liable for any loss or damage arising from unauthorized account access resulting from your failure to safeguard your credentials.

We reserve the right, in our sole discretion and without prior notice, to suspend, restrict, disable, or terminate your account or access to the Service for any reason, including suspected violations of these Terms, unlawful conduct, security concerns, or misuse of the Service.

3. User Content and License Grant

The Service may permit users to upload, submit, publish, transmit, or otherwise make available content, including but not limited to study session information, captions, descriptions, photographs, profile information, comments, and related materials (“User Content”).

You retain ownership of any intellectual property rights you hold in your User Content. However, by submitting or making User Content available through the Service, you hereby grant Smata a worldwide, perpetual, irrevocable, transferable, sublicensable, non-exclusive, royalty-free license to:

• Host;
• Store;
• Cache;
• Reproduce;
• Modify for technical purposes;
• Adapt;
• Publish;
• Display;
• Perform;
• Distribute; and
• Otherwise use such User Content

solely in connection with operating, maintaining, improving, promoting, and providing the Service.

You represent and warrant that:

• You own or possess all necessary rights to your User Content;
• Your User Content does not infringe, misappropriate, or violate any third-party rights;
• Your User Content complies with all applicable laws and these Terms.

Smata reserves the right, but not the obligation, to review, remove, restrict, or modify User Content at any time and for any reason without notice.

4. Acceptable Use and Prohibited Conduct

You agree not to use the Service in any manner that:

• Violates any applicable law, regulation, or legal obligation;
• Harasses, threatens, intimidates, exploits, or harms another individual;
• Facilitates stalking, surveillance, or unsafe conduct;
• Infringes upon the intellectual property, privacy, publicity, or other rights of any person or entity;
• Contains unlawful, defamatory, obscene, fraudulent, deceptive, hateful, or otherwise objectionable material;
• Attempts to gain unauthorized access to accounts, systems, servers, or networks;
• Interferes with or disrupts the integrity, security, or performance of the Service;
• Uses bots, scrapers, crawlers, automated scripts, or other unauthorized automated means to access or interact with the Service;
• Circumvents technical limitations, security measures, or access controls;
• Introduces malware, viruses, or malicious code into the Service;

Smata reserves the right to investigate suspected violations and cooperate with law enforcement authorities where appropriate.

5. Location-Based Features and User Responsibility

The Service includes location-based functionality and friend-based study session sharing features. By enabling location services, you expressly consent to the collection, processing, and display of location-related information in accordance with our Privacy Policy.

You acknowledge and agree that:

• Sharing location information inherently involves privacy and safety risks;
• You are solely responsible for determining with whom you share information through the Service;
• Smata does not guarantee the accuracy, security, or confidentiality of location information;
• Other users may misuse information shared through the Service;
• Smata is not responsible for the actions, conduct, or behavior of any user, whether online or offline.

You assume all risks associated with sharing your location or interacting with other users through the Service.

6. Safety Disclaimer and Assumption of Risk

Smata is a productivity and social networking platform intended to facilitate study accountability and social engagement among users.

YOU ACKNOWLEDGE AND AGREE THAT:

• SMATA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION ON USERS;
• SMATA DOES NOT GUARANTEE THE ACCURACY OF USER INFORMATION;
• SMATA DOES NOT ENDORSE OR VERIFY USER CONDUCT;
• INTERACTIONS WITH OTHER USERS ARE ENTIRELY AT YOUR OWN RISK.

You assume full responsibility for your interactions with other users and for any decisions made based on information obtained through the Service.

7. Intellectual Property Rights

The Service, including all software, source code, interfaces, trademarks, logos, graphics, designs, text, audiovisual materials, databases, and other proprietary content owned or licensed by Smata (“Company Content”), is protected by intellectual property and proprietary rights laws.

Except as expressly authorized by Smata in writing, you may not:

• Copy;
• Reproduce;
• Modify;
• Adapt;
• Translate;
• Reverse engineer;
• Decompile;
• Disassemble;
• Distribute;
• License;
• Sell;
• Lease;
• Commercialize; or
• Otherwise exploit

any portion of the Service or Company Content. All rights not expressly granted herein are reserved by Smata and its licensors.

8. Suspension and Termination

Smata may, in its sole discretion and without liability, suspend, restrict, or terminate your access to the Service at any time and for any reason, including but not limited to:

• Violations of these Terms;
• Suspected fraudulent, abusive, or unlawful activity;
• Conduct that may harm other users, Smata, or third parties;
• Security or operational concerns.

Upon termination, your right to access and use the Service shall immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, disclaimers, limitations of liability, indemnification obligations, and dispute-related provisions.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMATA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• RELIABILITY;
• SECURITY;
• AVAILABILITY; AND
• UNINTERRUPTED OR ERROR-FREE OPERATION.

SMATA DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THEDAIRY, INC., SMATA, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT;
• INCIDENTAL;
• SPECIAL;
• CONSEQUENTIAL;
• EXEMPLARY; OR
• PUNITIVE DAMAGES,

INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, SERVICE INTERRUPTION, OR UNAUTHORIZED ACCESS ARISING OUT OF OR RELATED TO:

• YOUR ACCESS TO OR USE OF THE SERVICE;
• USER CONDUCT;
• LOCATION SHARING;
• USER CONTENT;
• SECURITY BREACHES;
• THIRD-PARTY SERVICES; OR
• ANY ERRORS OR OMISSIONS IN THE SERVICE,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SMATA ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to defend, indemnify, and hold harmless TheDairy, Inc., Smata, and their officers, directors, employees, affiliates, licensors, and agents from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to:

• Your use of the Service;
• Your User Content;
• Your violation of these Terms;
• Your violation of any law or third-party rights;
• Your interactions with other users.

12. Modifications to the Service

Smata reserves the right, at any time and without liability, to modify, suspend, discontinue, restrict, or remove any aspect of the Service, temporarily or permanently, with or without notice. We are not liable for any modification, interruption, suspension, or discontinuation of the Service.

13. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles.

You agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

14. Changes to These Terms

We reserve the right to revise or update these Terms at any time in our sole discretion. If material changes are made, we may provide notice through the Service or by other reasonable means. Continued access to or use of the Service following the effective date of revised Terms constitutes your acceptance of the updated Terms.

15. Severability and Waiver

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

No waiver by Smata of any provision or right under these Terms shall constitute a continuing waiver unless expressly acknowledged in writing.

16. Entire Agreement

These Terms, together with the Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and Smata regarding the Service and supersede all prior or contemporaneous agreements, understandings, or communications relating to the subject matter herein.

17. Contact Information

TheDairy, Inc.

admin@thedairyinc.com