Smooch Terms of Use
📅 Last updated: 16 September 2026
1. Acceptance of these Terms
These Terms of Use (“Terms”) are a legal agreement between you and PE Barbashyna Anastasiia, a registered individual entrepreneur (ФОП) in Ukraine, Maksymovycha 26B, Kyiv 03022, Ukraine (“Smooch”, “we”, “us”, or “our”), governing your access to and use of the Smooch iOS application (the “Service”).
By creating an account or using Smooch, you agree to these Terms. If you do not agree, do not use Smooch.
2. Description of the Service
Smooch is a shared wishlist and goals application designed for couples. It lets connected partners create a shared “couple space” to record goals, wishes, notes, and important dates, and offers optional paid subscription features.
3. Eligibility
You must be at least 18 years old to create a Smooch account or use the Service. By using Smooch, you confirm that you are 18 or older and able to form a binding contract.
4. Accounts and sign-in
You create a Smooch account using Apple Sign-In or Google Sign-In. You are responsible for maintaining the confidentiality and security of your sign-in credentials and for all activity that occurs through your account.
You agree to provide accurate information and to notify us if you become aware of any unauthorised use of your account.
5. Couple spaces and shared content
When you pair with a partner, content you and your partner add to the shared couple space may be visible to both of you. You are solely responsible for what you choose to write or share in a couple space.
Plans you mark as a surprise are the exception: they are hidden from the partner they are intended for until the date of the event, when they become visible automatically. Smooch applies this as a display rule within the app. It does not encrypt surprise entries separately, and it cannot prevent your partner from seeing a surprise through your unlocked device or by other means outside the app.
Smooch is a private space between two people. We do not review, moderate, monitor, or screen what you or your partner write in it, and we have no editorial control over it. You are responsible for the content you create, for its legality, and for the consequences of sharing it with your partner; your partner is responsible for theirs. We do not endorse any user content and are not liable for it, except where liability cannot be excluded under applicable law. We may remove content or suspend an account where we are required to do so by law or where Section 7 has been breached.
If you unpair from your partner, the couple space is split into two individual spaces, and content is handled as described in the Privacy Policy (Section 9). Smooch is not responsible for disputes between partners about the ownership or handling of shared content, though we will apply our documented unpairing and deletion process in good faith.
6. Subscriptions and payments
Certain features of Smooch require a paid subscription, purchased through Apple's In-App Purchase system.
Smooch offers two auto-renewable subscription plans: a monthly plan with a subscription length of one month, and an annual plan with a subscription length of one year. Both plans unlock the same paid features.
Base price: US$3.99 per month for the monthly plan and US$39.99 per year for the annual plan. Prices in other countries and regions are set from Apple's regional price equivalents, are charged in local currency, and may differ from the base price. The price that applies to you is always shown in the App Store and in the app before you confirm the purchase.
Introductory offer: each couple space receives one free week. The free week belongs to the shared space, not to an individual user, and runs for seven days from the moment the space is created. It is the same length for both the monthly and the annual plan.
If your partner joins your space after it was created, they receive whatever remains of that space's free week, which may be less than seven days or none at all. A new free week is not started for them.
If someone who has already started a free week in their own space joins your space, their own space is closed and the free week or subscription of the space they join applies instead.
Only one subscription is charged per couple space. Partners are never charged twice for the same space, and whatever one partner has paid for applies to the shared space.
Unless the subscription is cancelled at least 24 hours before the free week ends, it converts automatically to a paid subscription and is charged at the price of the plan selected. Eligibility for the offer as configured in the App Store is determined by Apple.
Subscriptions automatically renew for the same period (monthly or annual, matching your chosen plan) unless cancelled at least 24 hours before the end of the current period.
Payment is charged to your Apple ID account at confirmation of purchase and at each renewal.
You manage and cancel subscriptions through your Apple ID account settings (iPhone Settings → [your name] → Subscriptions), not through Smooch directly. Deleting your Smooch account does not cancel an active subscription.
If we change the price of a subscription, Apple will notify you in advance and, where required, ask for your consent before the new price applies. You can cancel before the next renewal if you do not accept the change.
Refunds are handled entirely by Apple. Apple is the seller of record for every purchase made through In-App Purchase: your payment goes to Apple, not to us, and we never receive or hold your payment details.
We cannot issue, approve, refuse, or reverse a refund, and we have no ability to do so on your behalf. Requests are made to Apple at reportaproblem.apple.com, or through iPhone Settings → [your name] → Subscriptions, and Apple decides them under its own refund policy.
Cancelling a subscription stops future renewals. It does not refund the period you have already paid for, and you keep access to paid features until the end of that period.
Where the law of your country gives you a statutory right to cancel or withdraw from a purchase of digital content, that right applies to your purchase from Apple and is exercised through Apple.
RevenueCat is used to verify and manage your subscription entitlement, as described in the Privacy Policy.
7. Acceptable use
You agree not to:
use Smooch for any unlawful purpose or in violation of these Terms;
attempt to gain unauthorised access to another user's account or couple space;
interfere with or disrupt the integrity or performance of the Service;
reverse-engineer, decompile, or attempt to extract the source code of the app, except where applicable law permits;
use the Service to harass, threaten, or harm another person.
We may suspend or terminate accounts that violate this section.
8. Intellectual property
Smooch, including its name, logo, design, and underlying software, is owned by us or our licensors and is protected by intellectual-property laws. These Terms do not grant you any rights to our trademarks or branding.
You retain ownership of the content you create in Smooch (such as your wishes, goals, and notes). By using Smooch, you grant us a limited licence to store, process, and display that content solely as needed to operate the Service, including sharing it with your connected partner within a couple space.
9. Termination
You may stop using Smooch and delete your account at any time directly in the app, in Settings, as described in the Privacy Policy.
We may suspend or terminate your access to Smooch if you violate these Terms, if required by law, or if we discontinue the Service, with notice where reasonably practicable.
10. Disclaimer of warranties
Smooch is provided “as is” and “as available.” To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure at all times.
11. Limitation of liability
To the fullest extent permitted by applicable law, Smooch and its operator will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data or content, arising from your use of the Service.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
If you are a consumer, you keep all mandatory rights given to you by the consumer-protection law of your country of residence, and nothing in these Terms affects those rights.
Subject to the two paragraphs above, our total aggregate liability arising out of or in connection with the Service is limited to the amount paid for the Service in respect of your account in the twelve months before the event giving rise to the claim.
12. Changes to the Service and these Terms
We may update, modify, or discontinue features of Smooch at any time. We may also update these Terms when the Service or applicable law changes. We will update the “Last updated” date and, for material changes, provide additional notice where appropriate. Continued use of Smooch after changes take effect means you accept the updated Terms.
13. Governing law and disputes
These Terms are governed by the laws of Ukraine, without regard to conflict-of-law principles.
If you are a consumer habitually resident in the European Union, the European Economic Area, the United Kingdom, or another country whose law gives you mandatory protection, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country.
Otherwise, disputes arising out of or in connection with these Terms are submitted to the competent courts of Ukraine.
Before starting formal proceedings, please contact us at hello@barbash.design so that we can try to resolve the matter directly.
14. Apple-specific terms
Smooch is distributed through Apple's App Store. The following terms apply in addition to the rest of these Terms and, in the event of a conflict regarding your use of Smooch on an Apple device, prevail.
Acknowledgement. These Terms are concluded between you and PE Barbashyna Anastasiia only, and not with Apple Inc. or its subsidiaries (“Apple”). We, not Apple, are solely responsible for Smooch and its content.
Scope of licence. We grant you a non-transferable licence to use Smooch on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including through Family Sharing where applicable.
Maintenance and support. We are solely responsible for providing any maintenance and support services for Smooch. Apple has no obligation whatsoever to furnish any maintenance or support services for Smooch.
Warranty. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to Smooch. If Smooch fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the application to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Smooch. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our sole responsibility.
Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to Smooch or your possession and use of it, including product-liability claims, any claim that Smooch fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation.
Intellectual-property rights. If a third party claims that Smooch or your possession and use of Smooch infringes that third party's intellectual-property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of that claim.
Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer name and address. Smooch is provided by PE Barbashyna Anastasiia, Maksymovycha 26B, Kyiv 03022, Ukraine. Questions, complaints, and claims about Smooch may be sent to hello@barbash.design.
Third-party terms. You must comply with any applicable third-party terms of agreement when using Smooch, including the Apple Media Services Terms and Conditions.
Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
15. Contact
For questions about these Terms, and for general support:
Postal address:
PE Barbashyna Anastasiia, Maksymovycha 26B, Kyiv 03022, Ukraine
Effective date: 16 September 2026
Version: 1.4