Terms of Service

Effective Date: June 1, 2026  |  Last Updated: June 1, 2026

These Terms of Service ("Terms") govern your use of the website at costpersmash.com and all related services (the "Service") operated by Cost Per Smash ("CPS," "we," "us," or "our"), based in Ontario, Canada. Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing or using the Service, creating an account, or making a purchase, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

We may update these Terms from time to time. We will notify you of material changes by email or by a prominent notice within the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes acceptance.

2. Eligibility

You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that:

• You are at least 18 years old.
• You have the legal capacity to enter into a binding agreement.
• You are not prohibited from using the Service under the laws of your jurisdiction.
• All information you provide during registration is accurate, current, and complete.

3. Account Registration

• You may create only one account per person.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must provide accurate and truthful information during registration and keep your account information up to date.
• You must notify us immediately at support@costpersmash.com if you suspect unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that use false or misleading information.

4. Description of Service

CPS is an entertainment and self-awareness platform that allows users to track dating and relationship spending, calculate a "Cost Per Smash" score, view leaderboard rankings, participate in matchmaking, and interact with an AI coaching feature.

5. Subscription Terms and Pricing

5.1 Available Plans

All prices are in US dollars unless otherwise stated. Prices are subject to change with 30 days' notice.

5.2 Auto-Renewal Disclosure

5.3 Free Trial

If we offer a free trial, you will be notified before you are charged. If you do not cancel before the trial ends, your subscription will automatically convert to a paid monthly plan at the listed price.

6. Refund Policy

• First-time subscribers: You may request a full refund within 7 days of your first subscription payment if you are not satisfied. Contact support@costpersmash.com.
• After 7 days: No refunds are issued for partial billing periods. You may cancel at any time, and your access will continue until the end of the current billing period.
• One-time purchases (Match Unlock): One-time purchases are non-refundable once the feature has been used. If the feature has not been used, you may request a refund within 7 days of purchase.
• Duplicate charges: If you are charged in error or see duplicate charges, contact us and we will issue a refund promptly.

7. Acceptable Use

You agree not to:

• Harass, bully, threaten, or intimidate other users through the matchmaking feature, leaderboard, or any other part of the Service.
• Create fake profiles or impersonate another person.
• Manipulate scores by entering false spending or intimacy data for the purpose of gaming the leaderboard.
• Scrape, crawl, or automatically extract data from the Service without our written permission.
• Reverse engineer, decompile, or disassemble any part of the Service or its scoring algorithm.
• Use the Service for any illegal purpose or in violation of any applicable law or regulation.
• Upload malicious content including viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to other users' accounts or to our systems and infrastructure.
• Use the Service to stalk, dox, or publish private information about other users.
• Use the AI Coach to generate harmful, abusive, or illegal content.
• Create multiple accounts to circumvent bans, manipulate rankings, or abuse free trials.

8. User Content and Data Ownership

8.1 Your Ownership

You retain ownership of all data you input into the Service, including spending data, intimacy data, receipt images, and profile information.

8.2 License to CPS

By using the Service, you grant CPS a non-exclusive, worldwide, royalty-free license to use, display, and process your data solely for the purposes of:

• Calculating and displaying your CPS score and tier ranking.
• Displaying your screen name, CPS score, tier, and city on the leaderboard.
• Displaying your matchmaking profile to other users who have opted into matchmaking.
• Providing AI coaching based on your data.
• Generating aggregated, anonymized analytics (no individual user can be identified).

This license terminates when you delete your account.

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use that feedback without restriction or compensation.

9. Intellectual Property

The Service, including its design, code, scoring algorithm, tier system, CPS branding, TrackHer branding, AI Coach feature, and all related intellectual property, is owned by CPS and protected by applicable intellectual property laws.

• You may not copy, modify, distribute, sell, or create derivative works based on the Service without our written permission.
• "Cost Per Smash," "CPS," "TrackHer," and the CPS logo are trademarks of CPS. You may not use them without our written permission.
• The CPS scoring algorithm and tier system are proprietary. Attempting to reverse-engineer, replicate, or publish the algorithm is a violation of these Terms.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

• We do not warrant that the Service will be uninterrupted, error-free, or secure.
• We do not warrant the accuracy, completeness, or usefulness of any CPS score, ranking, or AI coaching output.
• CPS scores are for entertainment purposes only. We make no guarantees about the accuracy of any financial or relationship insight derived from the Service.
• The AI Coach feature uses artificial intelligence to generate responses. AI-generated content may be inaccurate, incomplete, or inappropriate. It is not a substitute for professional financial, legal, medical, or psychological advice.
• We do not screen, verify, or background-check users. If you interact with other users through matchmaking or the leaderboard, you do so at your own risk.
• To the fullest extent permitted by applicable law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• CPS, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to: loss of data, loss of profits, emotional distress, relationship outcomes, or financial decisions influenced by CPS scores or AI coaching.
• Our total aggregate liability to you for any claims arising from or related to the Service shall not exceed the amount you have paid to CPS in the 12 months immediately preceding the event giving rise to the claim.
• If you have not paid anything to CPS, our maximum aggregate liability is $50 USD.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless CPS and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service or violation of these Terms.
• Any content or data you submit to the Service.
• Your interaction with other users through the matchmaking feature or leaderboard.
• Your violation of any applicable law or regulation.
• Any third-party claim arising from your use of the Service.

13. Account Termination

13.1 Termination by CPS

We may suspend or terminate your account at any time, with or without notice, if:

• You violate these Terms or our Acceptable Use policy.
• We reasonably believe your account is being used for fraudulent, abusive, or illegal activity.
• You create multiple accounts in violation of Section 3.
• We are required to do so by law.

If your account is terminated for violation of these Terms, you are not entitled to a refund of any fees paid.

13.2 Termination by You

You may delete your account at any time through your account settings or by contacting support@costpersmash.com. See our Privacy Policy for details on data deletion.

13.3 Effect of Termination

Upon termination of your account:

• Your access to the Service and any paid features will cease immediately (or at the end of the current billing period if you initiated the cancellation).
• Your data will be deleted in accordance with our Privacy Policy.
• Sections 8.3, 9, 10, 11, 12, 15, and 16 survive termination.

14. Account Deletion

You have the right to delete your account and all associated personal data at any time. You may do so by:

1. Navigating to your account settings and selecting "Delete Account"; or
2. Sending a deletion request to support@costpersmash.com from the email address associated with your account.

Account deletion is permanent. Your CPS score, TrackHer profiles, spending data, AI chat history, and all other personal data will be removed from our systems within 30 days, subject to legal retention requirements described in our Privacy Policy.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal dispute resolution, you agree to first contact us at support@costpersmash.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered in accordance with the rules of the ADR Institute of Canada. The arbitration shall be conducted in the English language in Toronto, Ontario, Canada.

• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.

15.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against CPS.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to conflict of law principles. Subject to the arbitration provision above, the courts of Ontario shall have exclusive jurisdiction over any proceedings arising out of these Terms.

17. Severability

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

18. Entire Agreement

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

19. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

20. Waiver

The failure of CPS to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any term shall be effective only if in writing and signed by an authorized representative of CPS.

21. Contact Information

If you have questions about these Terms, contact us at:

Cost Per Smash
Email: support@costpersmash.com
Ontario, Canada