diff --git a/src/app/privacy/page.tsx b/src/app/privacy/page.tsx index c246f7a..14615ce 100644 --- a/src/app/privacy/page.tsx +++ b/src/app/privacy/page.tsx @@ -22,12 +22,25 @@ export default function Privacy() { {/* Content */}
+ Effective July 2, 2026. +
+At Smirk, we believe privacy is a fundamental human right. Our architecture is designed so that we never have access to your private keys, unencrypted funds, or the ability to spend your money.
++ Smirk is published by Such Software LLC, a + single-member limited liability company organized under the laws of the Commonwealth + of Pennsylvania, United States ("Such Software," "we," "us," or "our"). This policy + explains what stays on your device, what our backend receives to power tipping and + balances, and which independent third parties see what. It applies to the Smirk browser + extension, desktop application, and this website (smirk.cash). +
+ {/* Section 1 */}window.smirk API is opt-in per origin, revocable per origin, and can be turned off globally in Settings.
+ Some features connect you to independent third parties operated by others,
+ not by us — Trocador for swaps, the blockchain indexers noted above, and any
+ site you connect to through the window.smirk interface. Those
+ endpoints see whatever your interactions with them entail, and each has its
+ own privacy policy. We neither control nor monitor those connections, and we
+ are not responsible for how those parties handle your data.
+
+ Smirk is not directed to people under 18, and we do not knowingly collect + data from minors. If you believe a minor has used Smirk and you want to + delete any associated state, uninstalling the extension or app on the + relevant device removes all local data; contact us at the address below to + remove associated backend records. +
++ Your seed phrase and private spend keys never leave your device, and + uninstalling removes all local state. For the limited data our backend does + hold (Monero/Wownero view keys, your wallet fingerprint, linked social + handles, and encrypted tip metadata), residents of the EU/UK (GDPR Articles + 15–22) and California (CCPA / CPRA) may request access to, correction of, or + deletion of that data by emailing{' '} + + support@such.software + + . We do not sell your data. +
++ For data held by third parties you've used through Smirk (Trocador, node + operators, blockchain indexers), contact those providers directly using the + privacy contact in their respective policies. +
++ We'll post any update to this page with a new effective date. Material + changes will be announced via{' '} + + @such_software + {' '} + and the app's release notes. Continued use of Smirk after a change indicates + acceptance of the revised policy. +
++ Privacy questions:{' '} + + support@such.software + + . Smirk is developed and maintained by Such Software LLC. +
+- Last Updated: January 31, 2026 + Effective July 2, 2026.
-- BY ACCESSING OR USING SMIRK WALLET, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. - IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES. -
+ {/* The short version */} ++ Smirk is non-custodial wallet software published by Such Software LLC. + You hold your own keys; we never take custody of your coins and cannot + recover them for you. Some features route you to independent third + parties (Trocador for swaps) that have their own terms. Crypto is risky + and largely irreversible. The software is provided "as is." These are + the details. +
+- You represent and warrant that you: +
+ These Terms of Service ("Terms") are a binding agreement between you + ("you") and Such Software LLC, a + single-member limited liability company organized under the laws of the + Commonwealth of Pennsylvania, United States ("Such Software," "we," "us," + or "our"). They govern your access to and use of the Smirk browser + extension, desktop application, the source code, this website + (smirk.cash), and any related software and services (together, the + "Software"). +
++ By downloading, installing, accessing, or using the Software, you agree + to these Terms and to our{' '} + + Privacy Policy + + . If you do not agree, do not use the Software.
-- When you create a Smirk wallet, you agree to: +
+ You may use the Software only if you are at least 18 years old (or the + age of majority in your jurisdiction, whichever is greater) and are able + to form a binding contract with us. By using the Software you represent + that you meet these requirements, that you have not previously been + suspended or removed from using the Software, and that your use complies + with all laws that apply to you.
-- Smirk is a non-custodial multi-cryptocurrency - wallet supporting Bitcoin (BTC), Litecoin (LTC), Monero (XMR), Wownero (WOW), and - Grin (GRIN). Your private spend keys are generated and stored locally on your device. - They are never transmitted to our servers. We cannot access, freeze, or seize your funds. + Smirk is a non-custodial{' '} + multi-cryptocurrency wallet supporting Bitcoin (BTC), Litecoin (LTC), + Monero (XMR), Wownero (WOW), and Grin (GRIN). Your seed phrase and + private spend keys are generated and stored locally on your device and + remain under your sole control. They are never transmitted to our + servers. Cryptocurrencies exist on their respective blockchains, not + inside the Software; any transfer of value happens on a decentralized + network, not with us. We cannot access, freeze, or seize your funds.
- -- Smirk enables you to send cryptocurrency tips to users on social platforms (Telegram, - Discord, etc.) and via public tip links. Tips are encrypted and can only be claimed - by the intended recipient (or anyone with the link for public tips). -
- -- Our Services do not store your recovery phrase or unencrypted private keys. Therefore, - we cannot assist you with recovery phrase retrieval. + We cannot recover your funds, seed + phrase, keys, or password under any circumstances. If you lose + your seed phrase, or if it is stolen or shared, your funds may be + permanently and irretrievably lost, and we will be unable to help. You + are solely responsible for securely backing up your seed phrase and for + the security of your devices.
- All cryptocurrency transactions are processed by their respective decentralized - networks (Bitcoin, Litecoin, Monero, Wownero, Grin). We do not control these networks - and cannot guarantee transaction speed, confirmation, or reversal. Once a transaction - is broadcast, it cannot be cancelled or modified. +
+ Such Software is not a bank, custodian, money services business, money + transmitter, broker, dealer, exchange, or investment adviser, and it + does not provide investment, financial, legal, accounting, or tax + advice. The Software is a tool you operate yourself. All cryptocurrency + transactions are processed by their respective decentralized networks; we + do not control those networks and cannot guarantee transaction speed, + confirmation, or reversal. Once a transaction is broadcast, it cannot be + cancelled or modified.
You agree that you will NOT:
-+ You represent and warrant that you are not, and are not acting on behalf + of, a person who is: (a) located in, ordinarily resident in, or organized + under the laws of any jurisdiction subject to comprehensive United States + sanctions (currently including Cuba, Iran, North Korea, Syria, and the + Crimea, Donetsk, and Luhansk regions of Ukraine); or (b) listed on any + sanctions or restricted-party list maintained by the U.S. government + (including the U.S. Treasury Department's Office of Foreign Assets + Control (OFAC) Specially Designated Nationals and Blocked Persons List and + the U.S. Commerce Department's Entity List), the United Nations, the + European Union or its member states, or the United Kingdom. You agree not + to use the Software if applicable law prohibits you from doing so. +
- It is your sole responsibility to determine what taxes apply to your cryptocurrency - transactions and to report and remit the correct tax to the appropriate tax authority. - Smirk is not responsible for determining, collecting, reporting, or remitting any - taxes arising from your use of our Services. +
You agree not to use the Software:
++ We may suspend, restrict, or terminate your access to the Software (or to + particular features) if we reasonably believe you have violated these + Terms or applicable law. Because the Software is non-custodial, ending + your license does not affect your ability to access your funds with your + seed phrase in other compatible wallet software.
- You acknowledge and agree that there are risks associated with using cryptocurrency - and Internet-based services, including but not limited to: +
+ The Software lets you connect to independent third parties. Those services + are operated by others, not by us. When you use one, you may be subject to + and required to accept that provider's own terms and privacy policy, and + you may be entering into a separate contract directly with that provider. + We are not a party to those transactions, do not control those providers, + and are not responsible for their acts, omissions, pricing, availability, + verification decisions, or performance. See our{' '} + + Privacy Policy + {' '} + for what data flows where.
-- Smirk is not responsible for any losses arising from forgotten recovery phrases, - incorrect addresses, server failures, phishing attacks, or any other unauthorized - third-party activities. + +
+ In-wallet swaps between coins are executed by{' '} + Trocador, a third-party + non-custodial exchange aggregator, and the underlying exchange providers + it routes to — not by Such Software. When you start a swap, order details + (input and output coin, amount, and your receiving and refund addresses) + are sent to Trocador's API. Such Software does not exchange your assets, + does not take custody of funds during a swap, and is not the counterparty + to your trade. Your use of Trocador is governed by Trocador's terms and{' '} + + privacy policy + + . +
++ Swap fee. Such Software receives a + referral commission (currently around 1% of the swap amount) from Trocador + for swaps initiated in the Software. This commission is already reflected + in the exchange rate shown to you before you confirm a swap; there is no + separate charge. Because the fee is a referral commission paid by Trocador + and we are never in custody of or in the settlement path for the swapped + funds, we act as a referrer, not as a money transmitter or exchanger.
- We may, in our sole discretion and without liability to you, modify or discontinue
- any portion of our Services at any time. You are solely responsible for maintaining
- a backup of your recovery phrase outside of the Services. If you have your recovery
- phrase, you can always access your funds using any compatible wallet software, even
- if Smirk discontinues its Services.
+ The Software exposes a window.smirk interface so that web
+ pages — such as smirk.cash, claim pages, and merchant sites — can request
+ a connection to your wallet or ask you to approve a signature. Connections
+ are per-origin and require an explicit approval prompt the first time a
+ site asks; you can revoke any origin, or disable the interface entirely,
+ from Settings. Third-party sites are operated by others, are not part of
+ the Software, and are not endorsed by us. You interact with them at your
+ own risk and are responsible for what you connect to and what you approve.
- OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. - TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, - INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND - NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, - ERROR-FREE, OR SECURE. +
+ To read balances and broadcast transactions, the Software connects to + blockchain nodes, indexers, and — for Monero and Wownero — a light-wallet + server operated by Such Software. You may use the default endpoints + shipped with the Software or, where supported, configure your own. Node + and endpoint operators see the information your interaction with them + entails. Network (miner/validator) fees are charged by the relevant + blockchain, not by us, and are displayed before you confirm a transaction. + Fees, spreads, and limits for third-party services (such as Trocador) are + set by those providers. What data goes where is described in our{' '} + + Privacy Policy + + .
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMIRK AND ITS DIRECTORS, EMPLOYEES, AND - AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, - OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR FUNDS, - ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICES. +
+ You understand and accept the risks of cryptocurrencies and blockchain + technology, including:
-- IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100 USD). +
+ You agree that Such Software is not responsible for losses arising from + these risks, including losses from forgotten recovery phrases, incorrect + addresses, endpoint or server failures, phishing, or unauthorized + third-party activity.
- You agree to defend, indemnify, and hold harmless Smirk and its officers, directors, - employees, and agents from any claims, damages, losses, or expenses arising from: - (a) your use of our Services; (b) your violation of these Terms; (c) your violation - of any rights of any third party; or (d) any content you submit through our Services. + Smirk's own application code is open source, licensed under the MIT + License (Copyright 2026 Such Software LLC). The Software also incorporates + third-party open-source components under their own licenses, including the + Monero and Wownero wallet cores and the Grin/Mimblewimble libraries. The + applicable license texts are available in the Software's source + repository. To the extent any names, branding, or logos — including + "Smirk" and "Such Software LLC" — are not covered by those open-source + licenses, they remain the exclusive property of Such Software LLC, and + nothing here grants you a license to use them.
- Please refer to our{' '} - - Privacy Policy - - {' '}for information about how we collect, use, and protect your information. + We may, in our sole discretion and without liability to you, modify or + discontinue any portion of the Software at any time. You are solely + responsible for maintaining a backup of your recovery phrase outside of + the Software. If you have your recovery phrase, you can always access your + funds using any compatible wallet software, even if Smirk discontinues its + Services.
- We reserve the right to modify these Terms at any time. We will provide notice of - material changes by updating the "Last Updated" date at the top of these Terms. - Your continued use of our Services after any changes constitutes your acceptance of - the new Terms. +
+ THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND + WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCH + SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE + IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, + TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE + UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DATA (INCLUDING + RATES OR BALANCES) IS ACCURATE.
- These Terms shall be governed by and construed in accordance with the laws of the - jurisdiction where Smirk operates, without regard to conflict of law principles. +
+ TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCH SOFTWARE AND ITS MEMBERS, + MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, + INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY + LOSS OF PROFITS, REVENUE, DATA, OR CRYPTOCURRENCY, ARISING FROM OR RELATED + TO YOUR USE OF (OR INABILITY TO USE) THE SOFTWARE, EVEN IF ADVISED OF THE + POSSIBILITY. +
++ TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR + ALL CLAIMS RELATING TO THE SOFTWARE WILL NOT EXCEED ONE HUNDRED U.S. + DOLLARS (US$100). +
++ Some jurisdictions do not allow certain exclusions or limitations, so some + of the above may not apply to you; in that case our liability is limited to + the greatest extent permitted by law.
- If any provision of these Terms is found to be invalid or unenforceable, the remaining - provisions shall remain in full force and effect. + You agree to indemnify and hold harmless Such Software and its members, + managers, employees, and agents from any claims, losses, liabilities, and + expenses (including reasonable legal fees) arising from your use of the + Software, your violation of these Terms or applicable law (including + sanctions, AML, or tax obligations), or your infringement of any third + party's rights. +
++ If you obtained the Software from the Apple App Store, the following + additional terms apply. These Terms are between you and Such Software only, + not with Apple, and Apple is not responsible for the Software or its + content. Apple has no obligation to provide maintenance or support for the + Software. In the event of any failure of the Software to conform to any + applicable warranty, you may notify Apple, and Apple will refund the + purchase price (if any); to the maximum extent permitted by law, Apple has + no other warranty obligation with respect to the Software. Such Software, + not Apple, is responsible for addressing any claims relating to the + Software, including product-liability, legal-compliance, and + intellectual-property claims. You represent 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 on any U.S. Government + list of prohibited or restricted parties. Apple and its subsidiaries are + third-party beneficiaries of these Terms and may enforce them against you. + If you obtained the Software from Google Play, your use is also subject to + the Google Play Terms of Service. +
++ These Terms are governed by the laws of the Commonwealth of Pennsylvania, + without regard to its conflict-of-laws rules. +
++ Courts. Except as provided below, + any dispute arising out of or relating to these Terms or the Software will + be brought exclusively in the state or federal courts located in or serving + Chester County, Pennsylvania, and you consent to the personal jurisdiction + and venue of those courts. Either party may bring an individual claim in + small-claims court, and either party may seek injunctive or equitable + relief in any court of competent jurisdiction to protect its intellectual + property or security. +
++ Jury-trial and class-action waiver.{' '} + To the maximum extent permitted by law, you and Such Software each waive any + right to a jury trial and agree that disputes will be brought only on an + individual basis, and not as a plaintiff or class member in any class, + collective, or representative proceeding. +
++ Optional arbitration. At our + option, we may elect to resolve a given dispute through final and binding + individual arbitration administered by the American Arbitration Association + under its rules, applying Pennsylvania law. This does not change the + individual-basis and jury/class-waiver terms above. +
++ 30-day opt-out. You may opt out of + the class-action waiver and the optional-arbitration provision by emailing{' '} + + support@such.software + {' '} + with the subject line "Legal Opt-Out" within 30 days of first accepting + these Terms. Opting out will not affect any other part of these Terms. +
++ Time limit. Any claim relating to + the Software must be brought within one (1) year after it arises, or it is + permanently barred, except where a longer period is required by law. +
++ Nothing in these Terms limits any mandatory consumer-protection rights you + have under the law of your country of residence that cannot be waived by + agreement. +
++ We may update these Terms from time to time. When we do, we will revise the + effective date above and post the updated Terms here; material changes may + also be noted in the app's release notes or via{' '} + + @such_software + + . Your continued use of the Software after an update means you accept the + revised Terms. +
++ If any provision of these Terms is held unenforceable, the rest remain in + effect and the unenforceable provision will be limited or removed to the + minimum extent necessary. These Terms (with the Privacy Policy) are the + entire agreement between you and Such Software regarding the Software and + supersede any prior agreements. You may not assign these Terms without our + consent; we may assign them to an affiliate or successor. Our failure to + enforce a provision is not a waiver. We are not liable for delays or + failures caused by events beyond our reasonable control. We may provide + notices to you through the Software or this website.
- If you have questions about these Terms of Service, please contact us through our - official channels or at the support email provided in the extension. + Questions about these Terms:{' '} + + support@such.software + + . Smirk is developed and maintained by Such Software LLC.