Smirk

by M3 Strategies Limited

Smirk Terms of Service and End-User Licence Agreement

Last updated: 14 September 2026

1. Introduction

These Terms of Service and End-User Licence Agreement (“Terms”) govern your access to and use of the Smirk mobile application, including its related features, content, software, and services (collectively, the “Service”).

The Service is provided by:

M3 Strategies Limited
Unit 82a James Carter Road
Mildenhall
Bury St. Edmunds
England
IP28 7DE
United Kingdom

Email: admin@m3strategies.co.uk

In these Terms, “Smirk”, “we”, “us”, and “our” refer to M3 Strategies Limited. “You” and “your” refer to the individual accessing or using the Service.

Please read these Terms carefully before using Smirk. By installing or opening the App, creating or joining a room, starting a subscription, or otherwise accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, do not use the Service.

2. About Smirk

Smirk is a collection of party games designed to be played with friends. Depending on the version of the Service, it may allow you to:

Play a word game in which most players share a secret word and one or more imposters must bluff their way through;
Play a drawing game in which players add to a shared picture and try to spot who does not know what it is;
Play a timing game, a colour-matching game, and a quiz;
Play any game locally by passing a single phone around the room;
Play any game online in a private room that friends join with a short room code or an invite link;
Add friends by their handle, where that feature is available;
Save or share a picture of the finished drawing or round result.

Online rooms are private. There is no public matchmaking, no lobby browser, and no in-game text, voice, or video chat. Groups who want to talk during an online game do so in person or through a separate voice or messaging app of their own choosing, which is not part of the Service.

3. Eligibility and Accounts

You must be at least 13 years old to use Smirk.

If you are under 18 years old, you confirm that your parent or legal guardian has reviewed and agreed to these Terms and has permitted you to use the Service. A higher minimum age may apply if required by the laws of your location or by an app-store platform.

3.1 Anonymous Accounts

Smirk does not have a sign-up form. When you first open the App, it creates an anonymous account for you automatically so that you can play online, and asks you to choose a display name and a character. That account is tied to the App on your device. If you delete the App, or lose or replace your device, an anonymous account may not be recoverable, and any friends or other data attached to it may be lost. Subscriptions are attached to your Apple ID rather than to the anonymous account and can be restored on a new device with Restore Purchases.

3.2 Upgrading Your Account

Where the App offers it, you may upgrade your anonymous account with Sign in with Apple so that it can be recovered on another device. Upgrading is optional and is never required to play.

3.3 Your Responsibilities

You agree to:

Choose a display name and handle that are not offensive, misleading, or impersonating someone else;
Use only an account that belongs to you;
Keep your device secure, since anyone using your device can use your account;
Notify us promptly if you suspect unauthorised account access;
Avoid accessing another user’s account without permission.

You are responsible for activity conducted through your account unless the activity results from a security failure for which we are legally responsible.

We may suspend or terminate accounts that contain false or offensive information, are used unlawfully, compromise the security of the Service, or breach these Terms.

4. Subscriptions, Free Trials, and Payments

4.1 What a Subscription Unlocks

Smirk is a subscription product. Playing a game requires an active subscription on the table, which works as follows:

Online, the host’s subscription covers everyone who joins their room. Joining a room with a code or invite link is free and requires no purchase and no sign-up;
Locally, the subscription on the account signed in to the phone being passed around covers everyone playing on that phone.

Playing without a subscriber present, whether that means hosting your own room or starting a local game on a phone with no subscription, requires your own subscription. We may change the games, features, and content that a subscription unlocks, as described in Section 13.

4.2 How Subscriptions Work

Subscriptions are sold through Apple’s App Store and are billed to your Apple ID. The price, billing period, and any free-trial period are shown in the App before you confirm a purchase. By confirming a purchase you agree to the following:

Payment is charged to your Apple ID account at confirmation of purchase, or at the end of the free trial if one applies;
Subscriptions renew automatically at the same price and for the same period unless auto-renew is turned off at least 24 hours before the end of the current period;
Your account will be charged for renewal within 24 hours before the end of the current period;
You can manage and cancel your subscription in your device’s Settings under your Apple ID’s Subscriptions. Deleting the App or your Smirk account does not cancel a subscription;
Cancellation takes effect at the end of the current billing period. You keep access until then, and no refund is given for the remainder of the period except where required by law or by Apple’s refund policy.

4.3 Free Trials

Where a free trial is offered, it is available once per Apple ID unless Apple’s rules provide otherwise. Any unused portion of a free trial is forfeited when you purchase a subscription. If you do not cancel before the end of the trial, your subscription starts and you will be charged the price shown in the App when you started the trial.

4.4 Price Changes

We may change subscription prices from time to time. If the price of your subscription increases, Apple will notify you in advance and, where required, ask for your agreement before the new price applies. If you do not agree, your subscription will end at the close of the current billing period.

4.5 Refunds

Because purchases are made through Apple, refund requests are handled by Apple under its refund policy. You can request a refund through Apple’s “Report a Problem” page or through your purchase history. We are unable to issue refunds directly for App Store purchases. Your mandatory consumer rights, including any right to cancel within a cooling-off period, remain unaffected.

4.6 Restore Purchases

If you reinstall the App or move to a new device, use Restore Purchases in the App to reactivate a subscription bought under the same Apple ID. Restore Purchases works without signing in to an Smirk account.

4.7 Sharing and Misuse

A subscription is for use by you and the people you are actually playing with. You must not sell, rent, or share access to your subscription or account with people outside your table, use automated or fraudulent means to obtain a subscription, free trial, or entitlement, or attempt to bypass the subscription check.

5. Playing Together: Rooms, Codes, and Invite Links

5.1 Room Codes and Links

An online room is identified by a short room code and an invite link. Anyone who has the code or link can join the room while it is open. You are responsible for who you share them with. Do not post room codes or invite links publicly if you do not want strangers to join.

5.2 Hosting

The host creates the room, chooses the game and its settings, and can start and end rounds. A host may have only one active room at a time. Hosts are responsible for the room they run, including removing players who should not be there and ending rooms when the game is over.

5.3 Room Lifetime

Rooms are temporary. A room expires a few hours after it is created and is deleted automatically along with its round data. We may also end a room at any time where we reasonably believe it is being misused or is causing a problem for the Service.

5.4 Fair Play Between Players

Smirk is a game of bluffing, guessing, and voting. The outcome of a round is decided by the players at the table according to the game rules and, in the timing, colour, and quiz games, by the answers and timings recorded by the players’ devices. We do not adjudicate disputes between players about who won, who cheated, or whether someone looked at another player’s screen.

6. Your Content

6.1 What You Create

Depending on the features available, you may create or contribute content while using the Service, such as your display name, your drawing strokes, your quiz answers, and, where offered, custom word lists (“Your Content”).

You retain ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to store, transmit, display, and reproduce Your Content as needed to operate the Service, including sending it to the other players in your room and rendering a result card that you can save or share. This licence ends when Your Content is deleted from the Service, except to the extent it has been shared with other players or saved or shared by you outside the Service.

6.2 Your Responsibility for Your Content

You are solely responsible for Your Content. You must not create or contribute content that:

Is unlawful, defamatory, threatening, hateful, or harassing;
Is sexually explicit or otherwise inappropriate for the players in your room;
Infringes another person’s intellectual-property, privacy, or other rights;
Impersonates another person or misrepresents your identity;
Contains malware, links to malicious content, or attempts to exploit the Service.

Custom word lists, where offered, are private to you and the rooms you play in. They are not reviewed by us before use, and we do not apply content filtering to private rooms. The players in a room, not us, decide what is acceptable at their table.

6.3 Content Shared Outside the Service

When you save a drawing or result card to your camera roll or share it through another app, you are responsible for where it goes. Drawings made in a shared room may include strokes drawn by other players; share them with those players’ interests in mind.

6.4 Our Rights

We may remove or refuse to transmit any content, end rooms, or suspend accounts where we reasonably believe content breaches these Terms or applicable law, without notice where necessary.

7. Friends

Where the friends feature is available, you may find other players by their handle and send or accept friend requests. Friends can see each other’s display name, handle, and character.

Only connect with people you know. You must not use the friends feature to harass, intimidate, or repeatedly contact a person who has declined or removed you. You may remove a friend at any time, and we may remove friend connections or suspend accounts if the feature is misused.

8. Playing Safely and Responsibly

Smirk is a game. It is provided for entertainment only. In using it you agree that:

You will not look at or interact with your device while driving, cycling, crossing roads, operating machinery, or in any other situation where doing so is unsafe;
When passing one phone around, players hand the phone over rather than throwing it, and each player is responsible for keeping their own secret screen private;
The words, prompts, drawings, and quiz questions in the Service are for fun and may contain jokes, opinions, simplifications, or errors. Quiz answers are provided in good faith but are not guaranteed to be accurate and must not be relied upon as fact;
Timing results in the timing game depend on your device, its settings, and its responsiveness, and may differ between devices.

9. Acceptable Use

You may use Smirk only for lawful personal purposes and in accordance with these Terms.

You must not:

Use the Service unlawfully, fraudulently, or deceptively;
Pretend to be another person;
Attempt to gain unauthorised access to an account, room, database, server, or network;
Attempt to read another player’s secret word, role, or other hidden game data by technical means;
Circumvent authentication, entitlement, or security controls;
Interfere with the operation, availability, or integrity of the Service, including by flooding rooms or the real-time messaging system;
Upload malware or malicious code;
Use automated tools to join rooms, scrape, extract, or copy information from the Service;
Reverse-engineer, decompile, disassemble, modify, or attempt to obtain the source code of the Service, except where applicable law expressly permits this despite this restriction;
Copy, resell, sublicense, distribute, or commercially exploit the Service, its games, its character art, or its word, prompt, and question content;
Exploit bugs, vulnerabilities, or unintended behaviour;
Use the Service to harass, abuse, stalk, threaten, shame, or harm another person;
Use another person’s account without their permission;
Use the Service in a way that infringes intellectual-property rights, privacy rights, or other legal rights;
Use the Service in a way that violates applicable third-party terms.

You agree to notify us at admin@m3strategies.co.uk if you become aware of a security vulnerability or serious misuse.

10. Device Permissions and Third-Party Services

10.1 Permissions

Smirk asks for permission to add images to your photo library only when you choose to save a drawing or result card, and reads your clipboard only when you tap to paste a room code. Both are optional. You may manage permissions in your device settings.

10.2 Third-Party Services

Smirk depends on services and technologies provided by third parties, including:

Your device manufacturer and operating-system provider;
Apple’s App Store, payment services, and Sign in with Apple where offered;
Supabase backend, database, authentication, and real-time messaging services;
RevenueCat subscription-management services;
Sentry crash reporting and PostHog analytics;
Internet, mobile-network, and cloud-service providers.

Third-party services may have their own terms, privacy notices, limitations, and availability requirements. We do not control every aspect of a third-party service. To the extent permitted by law, we are not responsible for an interruption, restriction, change, error, delay, or failure caused by a third-party service or by your device settings.

Any voice-chat, messaging, or social app that your group uses alongside Smirk is not part of the Service and is governed by its own terms.

11. Licence to Use Smirk

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use Smirk on devices that you own or control for your personal, non-commercial use.

This licence does not transfer ownership of Smirk or any related intellectual-property rights to you. We reserve all rights not expressly granted under these Terms.

12. Intellectual Property

Smirk, including its software, branding, design, character art, text, graphics, logos, features, game designs, word and prompt packs, quiz questions, and underlying technology, is owned by or licensed to M3 Strategies Limited and is protected by applicable intellectual-property laws.

You may not use our name, trademarks, logos, character art, or branding without our prior written permission, other than by saving or sharing a result card generated by the App for personal, non-commercial purposes.

If you provide suggestions, ideas, or feedback about Smirk, including suggested words, prompts, or questions, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use that feedback to improve or develop our products and services without payment or obligation to you.

13. Changes to the Service

We may update, improve, modify, suspend, restrict, or discontinue part or all of the Service. We may make changes to:

The games available and their rules;
Word, prompt, and question content;
Room features, limits, and lifetimes;
Friend features;
Technical integrations;
Device compatibility;
Account requirements;
Free-trial availability, subscription plans, and which features a subscription unlocks;
Security controls.

We do not guarantee that a particular game, pack, or feature will always remain available. Where required by applicable law, we will provide reasonable notice of material changes that adversely affect your rights, and where a change materially reduces what your current subscription provides you may cancel it as described in Section 4.

14. Suspension and Termination

You may stop using Smirk at any time.

You may request deletion of your account through the profile section of the App, where available, or by contacting us at admin@m3strategies.co.uk. Deleting your account does not cancel a subscription; see Section 4.2.

We may suspend, restrict, or terminate your account or end your rooms if reasonably necessary, including where:

You materially or repeatedly breach these Terms;
You misuse rooms, content, or the friends feature;
You attempt to compromise the security, fairness, or availability of the Service;
We reasonably suspect fraud, subscription abuse, or unlawful behaviour;
Your use creates a risk to another person;
We are required to act by law, regulation, court order, or an app-store platform;
We discontinue the Service.

Where reasonably practicable and legally appropriate, we will provide notice before terminating your account.

Sections that are intended by their nature to continue after termination will remain effective, including provisions concerning intellectual property, disclaimers, liability, governing law, and dispute resolution.

15. Disclaimer of Warranties

Nothing in these Terms removes any warranty or consumer right that cannot lawfully be excluded.

Subject to that statement, and to the maximum extent permitted by applicable law, Smirk is provided on an “as is” and “as available” basis. We do not promise or guarantee that:

The Service will always be available, uninterrupted, secure, or error-free;
Online rooms will be free of lag, disconnections, or desynchronisation between players;
Every move, stroke, answer, or vote will be delivered or recorded;
Timing results will be precise or identical across devices;
Quiz questions and answers, words, or prompts will be accurate, complete, or inoffensive;
The Service will work with every device, operating-system version, network, or configuration;
Any game, pack, or feature will remain available;
Every defect will be corrected.

16. Limitation of Liability

16.1 Liabilities That Are Not Excluded

Nothing in these Terms excludes or restricts liability where it would be unlawful to do so. This includes liability for:

Death or personal injury caused by our negligence;
Fraud or fraudulent misrepresentation;
Any other liability that cannot lawfully be excluded or restricted;
Your mandatory statutory consumer rights.

16.2 Losses Outside Our Responsibility

Subject to Section 16.1 and to the maximum extent permitted by law, we are not responsible for losses caused by:

Your decision to share a room code or invite link, or to share a drawing or result card outside the Service;
Content created by you or by other players in your room;
Disputes between players about the outcome of a game;
Unsafe use of a device while playing;
A dropped connection, lag, desynchronisation, or a room that ends or expires before a game is finished;
Loss of an anonymous account, its friends, or its data because the App was deleted or the device was lost, replaced, or reset without the account being upgraded;
A failure of your device, battery, internet connection, operating system, permissions, or a third-party service;
A third party’s misuse of information that you chose to share through the Service, except where we are legally responsible;
Your breach of these Terms;
Events outside our reasonable control.

16.3 Consumer Use

Smirk is provided for personal and consumer use. If you are using Smirk as a consumer, we are not responsible for business losses, including loss of profit, loss of revenue, loss of business opportunity, loss of anticipated savings, loss of goodwill, or business interruption.

We remain responsible for foreseeable loss or damage caused by our breach of these Terms where applicable consumer law requires us to accept that responsibility.

16.4 Liability Cap

Subject to Section 16.1 and only to the extent permitted by applicable law, our total aggregate liability to you arising from or relating to the Service will not exceed the greater of:

The total amount you paid for Smirk subscriptions during the 12 months before the event giving rise to the claim; or
£50.

This liability cap does not apply where enforcing it would be unlawful or unfair under applicable consumer law.

17. Responsibility for Your Misuse

You are responsible for losses that you cause through your unlawful use of the Service or material breach of these Terms.

If you use Smirk for business purposes or on behalf of an organisation, you agree, to the extent permitted by law, to indemnify M3 Strategies Limited against third-party claims, losses, and reasonable costs resulting from your unlawful use of the Service, content you contribute, or your material breach of these Terms.

This Section does not require a consumer to compensate us for losses that were caused by our own negligence, breach of law, or failure to comply with these Terms.

18. Events Outside Our Reasonable Control

We are not responsible for delays, interruptions, or failures caused by events outside our reasonable control. These may include:

Failures of internet or mobile-network services;
Cloud-service or real-time messaging interruptions;
Operating-system changes;
App-store restrictions;
Cyberattacks;
Power failures;
Natural disasters;
Government actions;
Labour disputes;
Events that could not reasonably have been prevented.

Where practicable, we will take reasonable steps to restore affected functionality.

19. Apple App Store Additional Terms

This Section applies where you obtain or use Smirk through Apple’s App Store or on an Apple-branded product.

19.1 Agreement Between You and Us

You acknowledge that these Terms are between you and M3 Strategies Limited, not Apple. M3 Strategies Limited, not Apple, is solely responsible for Smirk and its content. These Terms do not create usage rules that conflict with the applicable Apple Media Services Terms and Conditions.

19.2 Scope of Licence

Your licence to use Smirk on Apple-branded products is limited to a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the applicable Apple usage rules. The App may also be accessed and used by other accounts associated with the purchaser through Family Sharing or volume purchasing where permitted by Apple.

19.3 Subscriptions

Subscriptions are purchased from Apple and governed by Apple’s payment, renewal, and refund rules in addition to Section 4 of these Terms.

19.4 Maintenance and Support

M3 Strategies Limited is solely responsible for providing maintenance and support for Smirk where required by applicable law. Apple has no obligation to provide maintenance or support for Smirk.

19.5 Warranties

To the extent that any warranty applies and Smirk fails to conform to that warranty, you may notify Apple. Where applicable, Apple may refund the purchase price paid for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation in relation to Smirk. M3 Strategies Limited is solely responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty, subject to these Terms and applicable law.

19.6 Product Claims

M3 Strategies Limited, not Apple, is responsible for addressing claims relating to Smirk or your possession or use of Smirk, including:

Product-liability claims;
Claims that Smirk fails to conform to a legal or regulatory requirement;
Consumer-protection claims;
Privacy claims.

19.7 Intellectual-Property Claims

If a third party claims that Smirk or your possession or use of Smirk infringes their intellectual-property rights, M3 Strategies Limited, not Apple, is responsible for the investigation, defence, settlement, and discharge of that claim.

19.8 Legal Compliance

You represent and warrant that:

You are not located in a country subject to a United States Government embargo or designated by the United States Government as a terrorist-supporting country; and
You are not listed on any United States Government list of prohibited or restricted parties.

19.9 Third-Party Terms

You must comply with applicable third-party terms when using Smirk, including any relevant Apple terms and any terms imposed by your mobile-network or internet-service provider.

19.10 Apple as a Third-Party Beneficiary

You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Section and of any provisions of these Terms that apply to your use of Smirk on Apple-branded products. When you accept these Terms, Apple will have the right to enforce those applicable provisions against you as a third-party beneficiary.

20. Privacy

Our collection, use, retention, and sharing of personal information is described in the Smirk Privacy Policy. The Privacy Policy forms part of these Terms, and you should read it before using the Service.

21. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we will update the “Last updated” date and provide reasonable notice where required by law. We may provide notice through the App or through another appropriate method. Where required by law, we will request your agreement to materially updated Terms before the changes take effect.

If you do not agree to updated Terms, you should stop using the Service, cancel any subscription, and delete your account.

22. Governing Law and Disputes

These Terms are governed by the laws of England and Wales.

If you are a consumer, this choice of law does not remove any mandatory legal protections that apply in your country of residence. If you are a consumer living in the United Kingdom, you may bring legal proceedings in the courts that apply to your place of residence.

Before starting formal proceedings, you and M3 Strategies Limited should attempt to resolve the issue by contacting each other and providing a reasonable opportunity to respond. Nothing in this Section prevents either party from seeking urgent legal relief where appropriate.

23. General Terms

23.1 Entire Agreement

These Terms and the Smirk Privacy Policy form the agreement between you and us concerning your use of the Service.

23.2 Severability

If a court or other competent authority finds that part of these Terms is unlawful or unenforceable, the remaining provisions will continue to apply.

23.3 No Waiver

If we do not immediately enforce a provision of these Terms, that does not mean we have waived our right to enforce it later.

23.4 Assignment

You may not transfer your rights or obligations under these Terms without our prior written permission. We may transfer our rights and obligations where reasonably necessary as part of a merger, restructuring, financing, acquisition, or sale of our business, provided that your mandatory legal rights remain protected.

23.5 Third-Party Rights

Except for Apple and its subsidiaries as described in Section 19, a person who is not a party to these Terms does not have the right to enforce them.

24. Contact Us

For questions, complaints, or claims relating to Smirk, contact:

M3 Strategies Limited
Unit 82a James Carter Road
Mildenhall
Bury St. Edmunds
England
IP28 7DE
United Kingdom

Email: admin@m3strategies.co.uk