Terms of Service

1. Eligibility

You represent and warrant that you:

• Are of legal age to form a binding contract in your jurisdiction
• Have not previously been suspended or removed from using our Services
• Have full power and authority to enter into this agreement
• Will not use these services in violation of any applicable laws

2. Account & Wallet Security

When you create a Smirk wallet, you agree to:

• Secure Your Recovery Phrase: You are solely responsible for backing up and protecting your 24-word recovery phrase (mnemonic). This phrase is the only way to recover your wallet.
• Password Protection: Maintain the security of your wallet password and restrict access to your devices.
• Promptly Report Issues: Notify us if you discover or suspect any security breaches related to your account.
• Accept Responsibility: Take responsibility for all activities that occur under your wallet, including any authorized or unauthorized access.

3. Description of Services

3.1 Non-Custodial Wallet

Smirk is a non-custodial multi-cryptocurrency wallet supporting Bitcoin (BTC), Litecoin (LTC), Monero (XMR), Wownero (WOW), and Grin (GRIN). Your private spend keys are generated and stored locally on your device. They are never transmitted to our servers. We cannot access, freeze, or seize your funds.

3.2 Social Tipping

Smirk enables you to send cryptocurrency tips to users on social platforms (Telegram, Discord, etc.) and via public tip links. Tips are encrypted and can only be claimed by the intended recipient (or anyone with the link for public tips).

3.3 No Recovery Phrase Retrieval

Our Services do not store your recovery phrase or unencrypted private keys. Therefore, we cannot assist you with recovery phrase retrieval.

3.4 Transaction Processing

All cryptocurrency transactions are processed by their respective decentralized networks (Bitcoin, Litecoin, Monero, Wownero, Grin). We do not control these networks and cannot guarantee transaction speed, confirmation, or reversal. Once a transaction is broadcast, it cannot be cancelled or modified.

4. Fees

• Service Fees: Access to Smirk wallet is currently free. We may introduce fees for certain services in the future.
• Network Fees: All cryptocurrency transactions require network fees (miner fees) paid to the respective blockchain network. These fees are not collected by Smirk and are displayed before you confirm any transaction.

5. Acceptable Use

You agree that you will NOT:

• Use our Services to engage in illegal activities including fraud, money laundering, or terrorist financing
• Attempt to interfere with, disrupt, or overburden our Services
• Use automated means (bots, scrapers) to access our Services without permission
• Attempt to circumvent any security measures or access controls
• Introduce viruses, malware, or other harmful code
• Impersonate others or provide false information
• Use our Services to harass, abuse, or harm others

6. Taxes

It is your sole responsibility to determine what taxes apply to your cryptocurrency transactions and to report and remit the correct tax to the appropriate tax authority. Smirk is not responsible for determining, collecting, reporting, or remitting any taxes arising from your use of our Services.

7. Assumption of Risk

You acknowledge and agree that there are risks associated with using cryptocurrency and Internet-based services, including but not limited to:

• Price volatility and potential loss of value
• Risk of hardware, software, and Internet connection failures
• Risk of malicious software or phishing attacks
• Risk of unauthorized access to your devices or accounts
• Irreversibility of cryptocurrency transactions
• Regulatory changes that may affect cryptocurrency use

Smirk is not responsible for any losses arising from forgotten recovery phrases, incorrect addresses, server failures, phishing attacks, or any other unauthorized third-party activities.

8. Discontinuance of Services

We may, in our sole discretion and without liability to you, modify or discontinue any portion of our Services at any time. You are solely responsible for maintaining a backup of your recovery phrase outside of the Services. If you have your recovery phrase, you can always access your funds using any compatible wallet software, even if Smirk discontinues its Services.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMIRK AND ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR FUNDS, ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100 USD).

11. Indemnification

You agree to defend, indemnify, and hold harmless Smirk and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any content you submit through our Services.

12. Privacy

Please refer to our Privacy Policy for information about how we collect, use, and protect your information.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of these Terms. Your continued use of our Services after any changes constitutes your acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Smirk operates, without regard to conflict of law principles.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.