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Terms of Service

Last updated: April 30, 2026

These Terms of Service ("Terms") form a binding agreement between you and Birthday Guy, LLC, a Colorado limited liability company with its registered address at 1942 Broadway St., Ste. 314C, Boulder, CO 80302, USA ("SHMZ," "Schmooze," "we," "us," or "our"), and govern your use of the SHMZ mobile application, the website at shmz.app, and any related services we operate (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to use SHMZ. By creating an account you represent that you are 18 or older, that the information you provide is accurate, that you are using the Service for personal, non-commercial purposes, and that you are not barred from using the Service under the laws of the jurisdiction where you reside or from which you access it.

We may decline or revoke access at our discretion, including for safety reasons, repeated reports, or violations of these Terms.

2. Your account

You are responsible for maintaining the confidentiality of your sign-in credentials and for all activity that occurs under your account. You agree to provide accurate information, to keep it current, and to notify us promptly of any unauthorized use.

3. The matchmaking service

SHMZ is an invite-only, human-curated matchmaking service. Matches are selected and prepared by SHMZ matchmakers ("Yenta") and presented to you one at a time. We do not run an open browsing or swipe-style discovery surface, and your profile is reviewed by a human before it is shown to anyone else. We do not guarantee any particular outcome, number of matches, response rate, or compatibility.

4. Conduct

You agree to treat every user with respect and to use the Service lawfully. You will not:

  • Harass, threaten, intimidate, defame, or stalk any person.
  • Post or send sexually explicit material involving minors, non-consensual intimate imagery, hate speech, or content that promotes violence, self-harm, or illegal activity.
  • Impersonate another person or misrepresent your identity, affiliation, or eligibility.
  • Solicit money, personal financial information, or commercial business from other users.
  • Use the Service for advertising, spam, scraping, scams, or any commercial activity not authorized by us in writing.
  • Reverse-engineer, decompile, or otherwise attempt to circumvent the security or rate limits of the Service.
  • Upload or transmit any content that infringes a third party's rights or that you do not have permission to share.
  • Use the Service if you are a registered sex offender or barred from using similar services by law or court order.

Reports of abuse, harassment, or objectionable content are reviewed by Yenta. We aim to respond to reports within 24 hours and may remove content, end matches, suspend, or terminate accounts at our discretion.

5. Your content

You retain ownership of the photos, profile text, messages, and other content you submit to SHMZ ("Your Content"). You grant Birthday Guy, LLC a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, reproduce, display, and transmit Your Content solely as needed to operate and improve the Service, deliver matches, and enforce these Terms. This license ends when you delete Your Content or your account, except for any copies retained as required by law or in routine backups for a limited period.

You represent and warrant that Your Content does not violate anyone's rights and that you have all necessary permissions to share it.

6. Subscriptions and one-time purchases

Some SHMZ features are paid. The current paid offerings, all transacted through the Apple App Store, are:

  • Schmoozer Monthly (com.shmz.app.schmoozer.monthly): an auto-renewing subscription billed at $18.00 USD per month.
  • Chief Schmoozer Monthly (com.shmz.app.chief_schmoozer.monthly): an auto-renewing subscription billed at $88.00 USD per month.
  • Crush Reachout (com.shmz.app.crush): a one-time, non-refundable purchase priced at $8.00 USD.

Prices are shown in U.S. dollars; equivalent local pricing for other currencies is set by Apple at the time of purchase. We may change prices and offerings going forward; price changes apply only to future billing periods and any price increase requiring your consent will be presented to you through the App Store before it takes effect.

Auto-renewal disclosure. Subscriptions automatically renew at the same price for the same period unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged within 24 hours prior to each renewal. You can manage and cancel your subscription, and turn off auto-renew, at any time in iOS Settings → Apple Account → Subscriptions. Cancellation takes effect at the end of the current paid period; you keep access until then. Deleting the SHMZ app or your SHMZ account does not cancel your subscription on the App Store.

Refunds. All payments for in-app purchases are processed by Apple. Refund requests are handled by Apple under its standard refund policy. SHMZ does not directly issue refunds for App Store purchases. For paid event registrations processed through Stripe, refunds are handled per the applicable event's refund terms shown at the time of registration.

7. Free features

We may offer free features and may add, modify, suspend, or discontinue any non-paid feature at any time. Continued use of the Service after a change constitutes acceptance of that change.

8. Suspension and termination

We may suspend, restrict, or terminate your access to all or part of the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, our Privacy Policy, or applicable law, or to protect the safety of the community. You may delete your account from within the app at any time. If you have an active App Store subscription, you must cancel it through the App Store before deletion will complete.

9. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Birthday Guy, LLC and its officers, members, employees, contractors, and agents disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not control the conduct of users and we are not responsible for offline behavior, including any meeting that arises from a match. You are solely responsible for your interactions with other users, online and offline. We encourage you to use common sense, meet in public places, and tell someone you trust where you are going.

10. Limitation of liability

To the maximum extent permitted by law, Birthday Guy, LLC and its officers, members, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or relating to your use of the Service, even if advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid SHMZ in the twelve months before the event giving rise to the claim or (b) one hundred U.S. dollars (US$100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify and hold harmless Birthday Guy, LLC and its officers, members, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, Your Content, your interaction with another user, or your violation of these Terms or applicable law.

12. Governing law and disputes

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Subject to the arbitration agreement below, the state and federal courts located in Boulder County, Colorado have exclusive jurisdiction over any dispute that is not subject to arbitration, and you consent to personal jurisdiction and venue there.

Arbitration agreement and class-action waiver. You and Birthday Guy, LLC agree to resolve any dispute arising out of or relating to these Terms or the Service by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in Denver, Colorado, or by telephone or video at the arbitrator's discretion. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.

YOU AND BIRTHDAY GUY, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court determines this class-action waiver is unenforceable, the entire arbitration agreement is void.

Small-claims and injunctive relief. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual-property rights or to enforce confidentiality obligations.

Opt-out of arbitration. You may opt out of this arbitration agreement by emailing legal@shmz.app within 30 days of first accepting these Terms. Your email must include your name, the email address associated with your account, and a clear statement that you wish to opt out. Opting out will not affect any other provision of these Terms.

13. Apple-specific terms

The following terms apply to your use of SHMZ on iOS:

  • These Terms are concluded between you and Birthday Guy, LLC only, and not with Apple. Apple is not responsible for the Service or its content.
  • Your license to use the iOS app is a non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by Apple's Media Services Terms.
  • Apple has no obligation to furnish maintenance or support services for the iOS app.
  • In the event of any failure of the iOS app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Birthday Guy, LLC.
  • Apple is not responsible for addressing any of your or any third party's product-liability claims, intellectual- property infringement claims, consumer-protection claims, or similar claims relating to the iOS app.
  • You represent that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the iOS app and may enforce them against you.

14. Changes to these Terms

We may update these Terms from time to time. When changes are material we will notify you in the app or by email and update the "Last updated" date above. Continued use of the Service after changes take effect constitutes acceptance.

15. Miscellaneous

These Terms, together with our Privacy Policy, are the entire agreement between you and SHMZ regarding the Service. If any provision is held to be unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a corporate transaction or to an affiliate.

16. Contact us

Birthday Guy, LLC
1942 Broadway St., Ste. 314C
Boulder, CO 80302, USA

Legal: legal@shmz.app
Privacy: privacy@shmz.app