Terms of Service

Effective Date: February 15, 2026 | Last Updated: February 19, 2026

Welcome to Smolder™. These Terms of Service ("Terms") govern your use of the Smolder mobile application and website (collectively, the "Service"). By creating an account or using Smolder, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Smolder is operated by Smolder Intimacy, a Canadian company ("we," "us," "our"). Please read these Terms carefully. Given the adult nature of our content, certain provisions carry particular legal significance.

1. Eligibility and Age Requirement

Smolder is exclusively for adults. You must be at least 18 years of age to create an account, access content, or use any feature of the Service. This is a non-negotiable condition of use.

By using Smolder, you represent and warrant that:

You are at least 18 years old
You have the legal capacity to enter into a binding agreement
You are not prohibited from using the Service under any applicable law

We enforce this requirement through our onboarding consent flow, which requires users to confirm: "We're both 18+, consenting adults who agree to the Terms and Privacy Policy" with tappable links to both documents. If we discover or have reason to believe that a user is under 18, we will immediately terminate the account and permanently delete all associated data without notice.

2. Mutual Awareness and Partner Consent

Smolder is designed for use by couples, together, with mutual knowledge and consent. This is a core principle of our platform and a condition of your use.

By using Smolder, you affirm that:

Your partner is aware that you are using this app
Both you and your partner are consenting adults (18+) who are comfortable with adult content and discussions about intimacy
You are using Smolder in a context of mutual respect and ongoing consent
You will not use Smolder to coerce, pressure, manipulate, or deceive a partner

If your partner does not know you are using Smolder, have that conversation first. Both partners should be aware and comfortable before engaging with any content. Using Smolder to surprise, manipulate, or pressure an unwilling or uninformed partner is a violation of these Terms.

3. Consent, Safety, and Personal Responsibility

3.1 Ongoing Consent

Smolder provides creative prompts and conversation starters. Every activity suggested by the app requires the explicit, enthusiastic, and ongoing consent of all parties involved. Consent is not a one-time event. It must be given freely, can be withdrawn at any time, and should be reaffirmed as activities progress or change.

You are solely responsible for:

Obtaining and maintaining active consent from your partner before and during any activity
Respecting boundaries immediately and without question when consent is withdrawn
Communicating openly about comfort levels, limits, and boundaries
Never using app content as justification or pressure to override a partner's boundaries

3.2 Physical Safety and Assumption of Risk

Some Smolder content suggests physical activities, including sensual touch, body-focused exploration, positional changes, and the use of props or accessories. By engaging with this content, you acknowledge and agree that:

Any physical activity undertaken in connection with Smolder content is performed entirely at your own risk
You are responsible for assessing your own physical environment, capabilities, and limitations before engaging in any suggested activity
You are responsible for assessing your partner's comfort, physical condition, and boundaries
Smolder is not liable for any injury, physical harm, emotional distress, property damage, or any other loss or damage arising from activities inspired by, suggested by, or related to app content
You will exercise reasonable judgment and caution, and will discontinue any activity that causes pain, discomfort, or distress to either party

This assumption of risk applies to all content within the app, including but not limited to Warmup, Exploration, and Bold content.

3.3 Communication During Activities

We strongly encourage ongoing verbal communication during any physical activities. Check in with your partner. Ask questions. Confirm comfort. If at any point either partner is uncomfortable, stop immediately. Smolder provides sparks for inspiration, and it is your responsibility to ensure every experience is safe, consensual, and enjoyable for both partners.

4. Content Disclaimer

4.1 Entertainment and Inspiration Only

All content provided through Smolder, including conversation prompts, activity suggestions, educational techniques, and creative tools, is offered strictly for entertainment and inspirational purposes. Smolder content is:

Not medical advice, and should not be treated as such
Not therapy, counseling, or psychological treatment
Not a substitute for professional relationship counseling, sex therapy, or mental health services
Not a diagnostic tool for relationship health or sexual function

If you or your partner are experiencing relationship difficulties, sexual health concerns, trauma responses, or mental health challenges, please consult a qualified professional. Smolder is a tool for couples who are already in a healthy, consensual relationship and are looking for inspiration and depth.

4.2 Content Accuracy

While we have designed our content with care, informed by relationship research and intimacy best practices, we make no warranty that any specific prompt, suggestion, or technique will be suitable for your particular relationship, physical condition, or circumstances. Use your judgment. Skip what does not work for you.

4.3 Educational Content

The Techniques section of Smolder contains educational information about intimate techniques. This content is for informational and educational purposes only. It is not medical instruction. Individual results and experiences will vary. Consult a healthcare provider if you have questions about sexual health.

5. Account and User Conduct

5.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at Whisper@SmolderIntimacy.com if you believe your account has been compromised.

5.2 Prohibited Uses

You agree not to:

Use Smolder if you are under 18 years of age
Use Smolder without the knowledge and consent of your partner
Use app content to coerce, pressure, or manipulate any person
Share, distribute, reproduce, or publicly display Smolder content without our written permission
Reverse engineer, decompile, or attempt to extract the source code of the app
Use automated systems, bots, or scrapers to access the Service
Attempt to gain unauthorized access to our systems, other user accounts, or data
Use the Service for any illegal purpose or in violation of any applicable law
Misrepresent your identity or provide false information during account creation

5.3 Content Ownership

All content within Smolder, including but not limited to conversation prompts, activity cards, educational materials, journey structures, creative tools, visual design, and brand assets, is the intellectual property of Smolder Intimacy and is protected by copyright, trademark, and other applicable laws. You are granted a limited, non-exclusive, non-transferable license to use this content for personal, non-commercial purposes within the app.

6. Subscriptions and Payments

Smolder offers both free and premium content. Premium features require a paid subscription processed through Apple's App Store.

All payments are handled by Apple. Smolder does not collect, process, or store any payment or financial information.
Subscription terms, pricing, renewal, and cancellation are governed by Apple's terms and your App Store settings.
Refund requests must be directed to Apple through the App Store, as we do not process payments directly.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL SMOLDER INTIMACY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

Your use of or inability to use the Service
Any physical injury, emotional distress, or property damage resulting from activities inspired by or related to Smolder content
Any unauthorized access to or alteration of your data
Any conduct or content of any third party on the Service
Any reliance on content, suggestions, or information provided through the Service

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, INCLUDING NEGLIGENCE, AND EVEN IF SMOLDER INTIMACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY CANADIAN DOLLARS (CAD $50.00), WHICHEVER IS GREATER.

8. Indemnification

You agree to indemnify, defend, and hold harmless Smolder Intimacy and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party right, including any right of privacy or intellectual property
Any physical activity or intimate experience undertaken in connection with Smolder content
Any claim that your use of the Service caused damage to a third party

9. Account Termination

9.1 Termination by You

You may delete your account at any time through the Settings screen in the app. Upon deletion, your personal data will be permanently removed in accordance with our Privacy Policy.

9.2 Termination by Us

We reserve the right to suspend or terminate your account, without prior notice or liability, for any reason, including but not limited to:

Violation of these Terms
Discovery that you are under 18 years of age
Conduct that we reasonably believe is harmful, abusive, or inconsistent with the values of our community
Extended inactivity (12+ months) with prior notification

9.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (Limitation of Liability), 8 (Indemnification), and 10 (Governing Law).

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the Arbitration Rules of the ADR Institute of Canada, conducted in Ontario, Canada.

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. Nothing in this section limits your right to bring matters to the attention of federal, provincial, or local agencies, or to seek relief in small claims court for disputes within its jurisdiction, where permitted by law.

11. Modifications to These Terms

We may revise these Terms from time to time. If we make material changes, we will notify you through the app or via the email address associated with your account at least 14 days before the changes take effect. Your continued use of Smolder after the revised Terms become effective constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smolder Intimacy regarding the Service, and supersede all prior agreements, understandings, and communications, whether written or oral.

14. Contact Us

For questions about these Terms:

Email: Whisper@SmolderIntimacy.com

Website: smolderintimacy.com

Sparks, not scripts. Connection, not coercion. Always consensual.