Terms and Conditions

Terms and Conditions - United States


My Smart App Customers


Terms and Conditions Agreement


Effective: March 29, 2022


PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MY SMART APP, INC., A DELAWARE CORPORATION, AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES, INCLUDING CAVIAR, LLC (COLLECTIVELY, “MY SMART APP,” “WE,” “US,” OR “OUR”).
SECTION 12 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 12 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION 12(G); AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.

1. Acceptance of this Agreement
My Smart App, provides an online marketplace connection, using web-based technology that connects you and other Customers, service Providers/Vendors and/or other businesses and independent delivery contractors (“Contractors”).  My Smart App’s software permits Customers to place orders for Home Based Services and/or other goods from various service Providers/Vendors and businesses, either for delivery of service or pickup (the “Software”). Once a delivery order is made, the Software notifies Contractors that a service delivery opportunity is available and the Software facilitates completion of the delivery to the consumer. Once a Service providing order is made, the Software communicates with the customer regarding the availability of the order for Service done. My Smart App is not a Contactor, or vendor, delivery service, or Home-Based Services preparation business.
If you access any of our websites located at https://www.My-Smartapp.com/, install or use our My Smart App mobile application, install or use any other software supplied by My Smart App, or access any information, function, or service available or enabled by My Smart App (each, a “Service” and collectively, the “Services”), or complete the My Smart App account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: 

(a) you have read, understand, and agree to be bound by this Agreement.
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with My Smart App; and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

2. Modifications
Subject to Section 12(k) of this Agreement, My Smart App reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

3. Additional Terms and Policies
By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with My Smart App’s Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional My Smart App policies for Users that are published on our website or mobile application.  Certain features of our Services may be subject to additional terms and conditions, which are incorporated herein by reference.

4. Rules and Prohibitions
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:
(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, My Smart App employees, or our community.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(c) You will only access the Services using means explicitly authorized by My Smart App.
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use the Services to cause nuisance, annoyance, or inconvenience.
(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Vendor, User or Contractor, unless My Smart App has given you prior permission to do so in writing.
(g) You will not copy or distribute the Software, or any content displayed through the Services, including Vendors’ menu content and reviews, for republication in any format or media.
(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license, or transfer the Software, Services or content displayed by the Services to a third party.
(l) You will not use the Services in any way that could damage, disable, overburden, or impair any My Smart App server, or the networks connected to any My Smart App server.
(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any My Smart App server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures My Smart App may use to prevent or restrict access to the Services or use of the Services or the content therein.
(o) You will not deep link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.
(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services.
(q) You will not try to harm other Users, My Smart App, or the Services in any way whatsoever.
(r) You will not engage in threatening, harassing, racist, sexist or any other behavior that My Smart App deems inappropriate when using the Services.
(s) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
(t) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.
(u) You will not attempt to undertake any of the foregoing.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.

5. Contractors and Vendors Are Independent
You understand and agree that My Smart App provides a technology platform connecting you with independent Home-Based service providers and others that provide the Services/products offered through the Services (“Vendors”), and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that My Smart App does not itself prepare Home Based Services or offer delivery services and has no responsibility or liability for the acts or omissions of any Vendor or any Contractor. Vendor is the retailer; the services offered by My Smart App pursuant to this Agreement do not include any retail services or any Home-Based Services preparation services. My Smart App is not in the delivery business nor is it a common carrier. My Smart App provides a technology platform facilitating the transmission of orders by Users to Vendors for Providing or delivery by Contractors. My Smart App will not assess or guarantee the suitability, legality or ability of any Contractor or Vendor. You agree that My Smart App is not responsible for the Vendors’ Home-Based Services preparation or the safety of the Home Based Services or whether the photographs or images displayed through the Services accurately reflect the Home Based Services prepared by the Vendors and/or delivered by the Contractor, and does not verify Vendors’ compliance with applicable laws or regulations. My Smart App has no responsibility or liability for acts or omissions by any Vendor or Contractor.
You agree that the goods that you purchase will be prepared by the Vendor you have selected, that title to the goods passes from the Vendor to you at the Vendor’s location, and that, for delivery orders, the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor My Smart App holds title to or acquires any ownership interest in any goods that you order through the Services.

6. User Account
You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify My Smart App immediately. My Smart App will not be liable, and you may be liable for losses, damages, liability, expenses, and fees incurred by My Smart App or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or My Smart App has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, My Smart App has the right to suspend or terminate your account and refuse all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the My Smart App and/or services. You agree not to create an account or use the Services if you have been previously removed by My Smart App, or if you have been previously banned from use of the Services.

7. User Content
(a) User Content.My Smart App may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You further represent and warrant that any User Content that you submit, post and/or otherwise transmit through the Services (i) does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) does not contain material that is false, intentionally misleading, or defamatory; (iii) does not contain any material that is unlawful; (iv) does not violate any law or regulation; and (v) does not violate this Agreement. You hereby grant My Smart App a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-license able right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with My Smart App’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant My Smart App a license to use your username, first name and last initial, and/or other User profile information, including without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to My Smart App herein shall survive termination of the Services or your account. My Smart App reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that My Smart App may monitor and/or delete your User Content (but does not assume the obligation) for any reason in My Smart App’s sole discretion. My Smart App may also access, read, preserve, and disclose any information as My Smart App reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of My Smart App, its Users and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to My Smart App through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that My Smart App has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to My Smart App a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-license able right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Vendors or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by My Smart App and do not represent the views of My Smart App or its affiliates. My Smart App shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Vendor or business; (ii) you will not provide a Rating or Review for any Vendor or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free Home Based Services items, or other benefits from a Vendor or business; (iv) any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; and (v) your Rating or Review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.

8. Communications with My Smart App
By creating a My Smart App account, you electronically agree to accept and receive communications from My Smart App, Contractors, or third parties providing services to My Smart App including via email, text message, calls, and push notifications to the cellular telephone number you provided to My Smart App. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of My Smart App, its affiliated companies and/or Contractor, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings in your account. To opt out of receiving promotional text messages from My Smart App, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, delivery text messages between you and Dashers are transactional text messages, not promotional text messages. 

9. E-SIGN Disclosure
By creating a My Smart App account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing My Smart App at Support@My-Smartapp.com with “Revoke Electronic Consent” in the subject line.
To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email My Smart App at support@My-Smartapp.com with contact information and your mailing address.

10. Intellectual Property Ownership
My Smart App alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by My Smart App. My Smart App names, My Smart App logos, and the product names associated with the Software and Services are trademarks of My Smart App or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.

11. Payment Terms
(a) Prices & Charges. You understand that: (a) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Vendors for the same menu or other items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu or other items are sold; (b) My Smart App has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) My Smart App reserves the right to change such prices at any time, at its discretion. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in- store totals. In those situations, My Smart App reserves the right to charge your payment method the final price after checkout. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on My Smart App’s income). In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, My Smart App reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by My Smart App or its payments processor, using the preferred payment method designated in your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Use of the Services. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.
(b) No Refunds.Charges paid by you for completed and delivered orders are final and non-refundable. My Smart App has no obligation to provide refunds or credits, but may grant them, in each case in My Smart App’s sole discretion.
(c) Promotional Offers and Credits. My Smart App, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by My Smart App; (iii) are subject to the specific terms that My Smart App establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in My Smart App’s Terms and Conditions for Promotional Offers and Credits. My Smart App reserves the right to withhold or deduct credits or benefits obtained through a promotion if My Smart App determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. My Smart App reserves the right to modify or cancel an offer at any time. My Smart App’s Terms and Conditions for Promotional Offers and Credits (the current version of which is available at https://help.My Smart App.com/Customers/s/article/offer-terms-conditions and which is incorporated in this Agreement by reference) apply to all promotional offers. You agree that we may change My Smart App’s Terms and Conditions for Promotional Offers and Credits at any time. My Smart App may also offer gratuitous credits, which can be used for the Services. Any credit issued by My Smart App is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order. Credits issued through a User’s My Smart App and account may only be redeemed through that respective brand’s Services.
(d) Fees for Services. My Smart App may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Service Delivery Fees, Service Fees, Small Order Fees, and Surge Fees.  My Smart App may also charge Vendors fees on orders that you place through the Services, including commissions and other fees, and may change those Vendor fees as we deem necessary or appropriate for our business or to comply with applicable law.
(e) Referral Program.My Smart App’s Referral Program Terms and Conditions are available at https://www.My Smart App.com/referral-terms/ (“Referral Program”). Under the Referral Program, My Smart App offers its registered Users in good standing the opportunity to earn gratuitous My Smart App credits as promotional rewards by inviting their eligible friends to register as new My Smart App Users and place their initial order through the Services by using a unique referral ID link (“Personal Link”). For each Qualified Referral (as defined in the Referral Program) generated through a User’s Personal Link, the User may receive a gratuitous credit as specified on My Smart App’s Referral Program page. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time.
(f) MysmartappPass Subscriptions.
General:  Mysmartapp is an automatically renewing subscription requiring recurring payments. A  Mysmartapp subscription grants you access to reduced fees on orders placed through the Services for eligible service Providers/Vendors with a minimum subtotal as stated when you sign up (excluding taxes and tips) (“Reduced Fees”). Reduced Fees and other Mysmartapp benefits may be redeemed only at eligible service Providers/Vendors, as indicated through the Services. My Smart App reserves the right to change whether a restaurant is eligible for Mysmartapp at any time with or without notice.  Mysmartapp orders are subject to delivery driver and geographic availability, and taxes may apply to the cost of the items you order. You may provide an optional gratuity. Depending on the conditions as stated when you sign up, Service Fees and other fees may apply. We reserve the right to add and modify fees as discussed in this Section. Your Mysmartapp benefits will extend to both My Smart App and  when you register for a  Mysmartapp subscription.
Mysmartapp is offered for a monthly or yearly fee payable at the start of the relevant period. By signing up for  Mysmartapp and providing My Smart App with your payment account information, you agree that: (a) you will be charged your first  Mysmartapp subscription fee and any applicable taxes on the date you purchase your  Mysmartapp subscription; (b) you authorize My Smart App and its service providers to store your payment method for the purpose of executing future  Mysmartapp auto-renewal transactions; (c) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR  MYSMARTAPP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF RENEWAL, MY SMART APP WILL AUTOMATICALLY CHARGE THE THEN-CURRENT  MYSMARTAPP FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Mysmartapp subscription. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.
Corporate Mysmartapp Subscriptions: Notwithstanding any other provision in these terms, you may be eligible for a complimentary  Mysmartapp subscription when your employer registers for a Corporate  Mysmartapp Subscription. If you have a complimentary Mysmartapp subscription through your employer, your account will begin and end in accordance with the terms of your employer’s corporate subscription unless your subscription is otherwise cancelled. To receive the subscription benefits, you must register using your corporate email address and be an authorized user added by your employer, and then click the activation button.
Trial or Promotional Subscriptions: From time to time, My Smart App offers some customers trial or other promotional subscriptions to Mysmartapp. Such trial or promotional subscriptions are subject to this Agreement and the My Smart App Terms and Conditions for Promotional Offers and Credits except as otherwise stated in the promotional offer. When your free trial period has expired, your subscription will automatically convert into a paid Mysmartapp subscription, and My Smart App will bill you the applicable fee. If you cancel Mysmartapp before the trial period has expired, My Smart App will not charge you for the Mysmartapp subscription. If you purchase a Mysmartapp subscription with a promotional code, each time your  Mysmartapp subscription renews, you will be charged the full billing amount. Only one trial or promotional subscription is available per household. If your Mysmartapp subscription is ever terminated for any reason, you shall not be eligible for a free trial on any subsequent  Mysmartapp subscription.
Cancellations: You can cancel your Mysmartapp subscription at any time through the Services. Instructions on how to cancel are available here and on  here. You must cancel at least one (1) day before the next-scheduled subscription renewal date to avoid being charged for the next subscription period (e.g., if renewal date is January 10, you must cancel by 11:59:59 pm PT on January 9).
If you participated in a free trial or other promotional subscription period for  Mysmartapp, you may cancel within the first 48 hours of your paid  Mysmartapp subscription and receive a full refund of your  Mysmartapp fee (as applicable).
For both monthly and annual subscribers, if you cancel your Mysmartapp subscription within the first 48 hours and have not placed a  Mysmartapp-eligible order during that period, My Smart App may, in its sole discretion, refund your  Mysmartapp fee.
If you cancel your  Mysmartapp subscription at any other time, you will not receive a refund, but you can continue to enjoy the Reduced Fees and other  Mysmartapp benefits through the end of your then-current subscription period.
Updates and Changes: The  Mysmartapp prices and features may change in the future. If My Smart App changes the monthly or annual fee charged for a  Mysmartapp subscription, My Smart App will notify you and provide you with the opportunity to change your subscription before  Mysmartapp is renewed for another subscription term. Your continued use of the Services after the change becomes effective will constitute your acceptance of the fee change. If you do not wish to continue subscribing with the new fees, you may cancel your  Mysmartapp subscription within the specified notice period. Any  Mysmartapp subscriptions will be subject to the terms and conditions in effect at the time you sign up or your subscription renews. My Smart App may also make such changes with respect to current  Mysmartapp subscriptions. In that case, My Smart App will provide you with notice via email of the changes and when those changes will take effect. If you disagree with the changes to your current  Mysmartapp subscription terms and conditions, you may cancel your  Mysmartapp subscription and receive a refund of your subscription fee on a pro rata basis calculated from the end of the month during which you cancel the subscription.
No Transfer or Assignments & Cancellations by My Smart App: Your  Mysmartapp subscription cannot be transferred or assigned. My Smart App reserves the right to accept, refuse, suspend, or cancel your Mysmartapp subscription at any time in its sole discretion. If My Smart App cancels your  Mysmartapp subscription, you will receive a refund of your subscription fee on a pro rata basis calculated from the end of the month during which your subscription was cancelled, unless My Smart App terminates your account or your  Mysmartapp subscription because it determines, in its sole discretion, that your actions or your use of the Services violates this Agreement or has harmed another User. 

12. Dispute Resolution.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MY SMART APP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding My Smart App or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with My Smart App as a User of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or My Smart App may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

CASES HAVE BEEN FILED AGAINST MY SMART APP—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION WITH MY SMART APP, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST MY SMART APP IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

(b) Informal Resolution.You and My Smart App agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and My Smart App therefore agree that, before either you or My Smart App demands arbitration against the other, we will personally meet and confer, via telephone or video conference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify My Smart App that you intend to initiate an informal dispute resolution conference, email info@My-Smartapp.com, providing your name, telephone number associated with your My Smart App account (if any), the email address associated with your My Smart App account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration.   The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 12(b). If this notice is being sent to My Smart App, it must be sent by email to the counsel who represented My Smart App in the informal dispute resolution process, or if there was no such counsel then by mail to General Counsel, at 303 2nd Street, Suite 800, San Francisco, CA, 94107. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration.
(d) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforce ability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and My Smart App. Except as expressly agreed to in Section 12(g) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and My Smart App.
(e) Waiver of Jury Trial. YOU AND MY SMART APP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and My Smart App are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 12(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
(f) Waiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN SECTION 12(G) OF THIS AGREEMENT, YOU AND MY SMART APP AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT AS SET FORTH IN SECTION 12(G). CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION 12(G). If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor My Smart App is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 20. This provision does not prevent you or My Smart App from participating in a class-wide settlement of claims.
(g) Batch Arbitrations.To increase efficiency of resolution, in the event 100 or more similar arbitration demands against My Smart App, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with My Smart App and the arbitration provider to implement such a batch approach to resolution and fees.
(h) Opt Out. My Smart App’s updates to these Terms and Conditions do not provide a new opportunity to opt out of the Arbitration Agreement for customers or Users who had previously agreed to a version of My Smart App’s or Caviar’s Terms and Conditions and did not validly opt out of arbitration. My Smart App will continue to honor the valid opt outs of customer,