Introduction

Welcome to the Smoothie, Mix and Match mobile application (the "App"). By using the App, you agree to be bound by these Terms of Use (the "Terms"). If you do not agree to these Terms, you may not use the App.

Definitions

In these Terms, the following terms have the following meanings:

• "Account" means your Smoothie, Mix and Match account.
• "Content" means any text, images, audio, video, or other materials that you or other users submit to the App.
• "Developer" means, the developer of the App.
• "User" means any person who uses the App.

License

Developer grants you a non-exclusive, non-transferable, limited license to use the App, subject to these Terms. This license does not grant you any title to the App, and all right, title, and interest in and to the App remains with Developer.

User Conduct

You agree to use the App in a responsible and lawful manner. You agree not to use the App to:

Post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the App.

Interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies, or regulations of networks connected to the App.

Violate any applicable laws or regulations.

Termination

Developer may terminate your Account or your access to the App at any time, without notice, for any reason, including, but not limited to, if Developer believes that you have violated these Terms.

Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". DEVELOPER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEVELOPER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DEVELOPER SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless Developer, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in connection with your use of the App or your violation of these Terms.

Entire Agreement

These Terms constitute the entire agreement between you and Developer with respect to the App and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Severability

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

Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by both you and Developer.

Notices

All notices and communications hereunder shall be in writing and shall be addressed as to the email: bug@mixandmatch.site

Survival

The provisions of these Terms which by their nature are intended to survive termination of these Terms shall so survive.

Updates

Developer may update the App from time to time, and you agree to install such updates. If you do not install such updates, you may not be able to continue using the App. This is because updates are often necessary to improve the App's functionality and security.