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Do not sell or shareLast updated: August 28, 2026
These Terms & Conditions ("Terms") govern your access to and use of Smackagram, including its website, Smack Calls, Smack Cards, SmackCast, Auto-Smack, Smack Lab, and related products, features, and tools (collectively, the "Service").
You must affirmatively accept these Terms when creating an account by checking the required acceptance box. By doing so, you confirm that you have read, understood, and agree to be legally bound by these Terms and acknowledge our Privacy Policy. Smackagram may record your account identifier, the version presented, and the date and time of acceptance.
Each standard Smack Call requires a separate call-specific confirmation at the final-send step after you preview and approve the complete final audio. Each Auto-Smack requires a separate advance confirmation after the recipient, telephone number, particular game, designated team or teams, and triggering outcome are displayed. Activating Auto-Smack authorizes one conditional call only if that outcome occurs. These call-specific confirmations do not replace your acceptance of these Terms.
If you do not agree to these Terms, you must not create an account, access, or use the Service.
Smackagram is a sports-entertainment service that creates personalized sports trash-talk content delivered by telephone call ("Smack Call"), shareable audio or video ("Smack Card"), or other available services.
For a standard Smack Call, the customer selects one adult recipient and telephone number, provides permitted sports-related details, previews and approves the final audio, and separately requests, directs, and initiates the call using the final call control.
For an Auto-Smack, the customer selects the recipient, telephone number, specific game, designated team or teams, and triggering result or outcome. The customer approves in advance one conditional, general roast based exclusively on the selected team's performance and confirmed game result. The exact audio is generated after the game and is not separately previewed. By activating Auto-Smack, the customer requests, directs, and initiates that conditional call.
Smackagram provides the technology, content safeguards, and telecommunications services used to carry out the customer's direction. It does not independently select the recipient, game, team, or triggering condition. A call reported as busy is retried automatically exactly once, five minutes later; no other automatic retry, repeat, or follow-up call is ever placed. See Section 8.
The Service is strictly for personal, non-commercial entertainment between adults who know one another and have a pre-existing personal relationship.
Smackagram does not record, store, or provide access to a recipient's voice or reaction.
You must be at least 18 years old to create an account, purchase, or use the Service. You may send a Smack Call, Smack Card, or other content only to a recipient you reasonably believe is at least 18 years old. No content or sensitivity level creates an exception to this requirement. You are responsible for verifying the recipient's age.
The Service is solely for personal, non-commercial sports entertainment between adults who know one another and have a pre-existing personal relationship. You must reasonably believe the recipient will recognize the content as entertainment.
You may not use a Smack Call for advertising, telemarketing, solicitation, lead generation, fundraising, political outreach, referral promotions, or encouraging the recipient to purchase or use Smackagram or any other product or service. Content must not be intended to harass, threaten, defame, deceive, or cause genuine distress.
You may not use the Service to create, request, deliver, download, publish, or share content that:
Smackagram controls its content safeguards, moderation systems, compliance disclosures, and opt-out mechanisms. You may not modify, remove, or circumvent them. Smackagram may reject content or block delivery, but its screening does not replace your responsibility to comply with these Terms.
Smackagram may refuse, cancel, or block any order, content, or call, and may suspend or terminate access, when it suspects fraud, abuse, a violation of these Terms, or legal, security, vendor, or reputational risk.
All calls are subject to Smackagram's platform-wide suppression list, a frequency limit of no more than three calls to the same recipient number in a rolling 24-hour period, permitted calling hours of 8:00 AM to 10:00 PM in the recipient's own local time (Eastern time when the recipient's local time zone cannot be determined), and delivery limited to United States and Canadian telephone numbers. A recipient who opts out cannot be called through Smackagram by any customer. To protect recipient privacy and security, we may refuse a call without disclosing the applicable control, specific reason, or whether a number is suppressed.
All prices are in U.S. dollars and processed through a third-party payment provider. By purchasing a prepaid Smack balance or other paid Service, you authorize the displayed charge. Prepaid, free, and promotional Smacks are non-transferable, have no cash value, cannot be redeemed for cash, and do not expire while your account remains open and in good standing.
The first Smack Back reply on an account is free, limited to one per account, and requires a verified phone number. Eligibility is determined by your account's history, and Smackagram may modify, limit, or discontinue this offer at any time without notice.
Activating an Auto-Smack authorizes Smackagram to reserve the displayed amount or account balance. It is charged or deducted only if the selected game result or outcome occurs. Otherwise, the authorization or reserved balance is released.
All sales are final, except where refunds are required by law. If a Smack Call cannot be placed because of a verified technical failure caused by Smackagram, the deducted Smack or equivalent account credit will be restored. No cash refund is provided.
Smackagram relies on third-party telecommunications and technology providers. We do not guarantee that a call will be answered, reach a live person, connect successfully, avoid voicemail, or play completely. Invalid or disconnected numbers, carrier restrictions, recipient settings, call blocking, and other circumstances outside our control may prevent delivery.
A call reported as busy is retried automatically exactly once, five minutes later. An unanswered call or a call that fails to connect is not retried. No call is retried more than once under any circumstance, and no automatic follow-up call is ever placed beyond that single busy retry. Any new call requires a new customer request and authorization. Eligibility for account credit is governed by Section 7.
Each time you request a standard Smack Call or activate an Auto-Smack, you represent and warrant that:
Before sending a standard Smack Call or activating an Auto-Smack, you must separately confirm that you are initiating the call and are authorized to contact the displayed recipient. An Auto-Smack confirmation applies only to the selected recipient, game, team or teams, triggering outcome, and resulting conditional call.
Smackagram operates separate transactional and optional recurring messaging programs. Consent to one does not constitute consent to the other.
By providing your mobile number and requesting a verification code, you consent to receive a transactional security text. This message is required to verify your account. Message and data rates may apply. Reply STOP to block future texts or HELP for assistance. Blocking texts may prevent verification; contact support@smackagram.com for help.
You receive recurring SMS/MMS messages only after checking an optional consent box that is unchecked by default. Messages may include order or service updates, delivery confirmations, and links to requested Smackagram content. Message frequency varies, and message and data rates may apply.
Consent is not required to create an account or make a purchase. Reply STOP to unsubscribe or HELP for assistance. Carriers are not responsible for delayed or undelivered messages. Our Privacy Policy explains how we handle mobile numbers and messaging consent.
Smackagram and its licensors retain all rights in the Service, including the Smackagram name, Smacky character, logos, designs, software, templates, prompts, and related technology.
Subject to payment and compliance with these Terms, you receive a limited, non-exclusive, non-transferable license to download, send, and share generated content for personal, non-commercial entertainment. You may not sell, sublicense, commercially exploit, remove branding from, or unlawfully use that content.
You represent that you have the rights and permissions needed for all information and materials you submit. You are responsible for any content you download, publish, redistribute, or share, including compliance with applicable laws, these Terms, and third-party platform rules.
Smackagram relies on third-party providers for payment processing, telecommunications, messaging, artificial-intelligence and voice generation, sports data, hosting, and social-media functionality. Their separate terms and privacy policies may apply.
We do not control or guarantee their availability, accuracy, or performance and are not responsible for outages, errors, delays, or failures outside our reasonable control. Third-party telecommunications providers transmit Smack Calls after the customer's request and direction; their involvement does not change the customer's responsibilities under these Terms.
To the fullest extent permitted by law, the Service is provided "as is" and "as available," without express, implied, or statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Artificial-intelligence-generated content and sports data may contain factual errors, omissions, inaccuracies, or unexpected or objectionable language despite Smackagram's safeguards. Smackagram does not guarantee that the Service or its content will be accurate, complete, appropriate, unique, uninterrupted, secure, available, or error-free.
Before sending a standard Smack Call or sharing generated content, you must review and approve the complete final content. Your approval confirms that you accept and authorize that content and assume responsibility for its transmission or use.
Activating an Auto-Smack constitutes advance approval of the defined conditional roast and acknowledgment that the exact audio will be generated after the game and will not be separately previewed. You accept responsibility for the Auto-Smack content authorized within your selected parameters.
To the fullest extent permitted by law, Smackagram and its owners, officers, employees, affiliates, agents, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or reputation.
This limitation applies to claims arising from the Service, generated content, any call or delivery, a recipient's reaction, customer misuse, or third-party services, regardless of the legal theory asserted. Smackagram's total liability arising from a particular transaction will not exceed the amount you paid for that transaction. These limitations do not apply where prohibited by law.
You agree to defend, indemnify, and hold harmless Smackagram and its owners, officers, employees, affiliates, agents, licensors, and service providers from claims, investigations, liabilities, damages, judgments, penalties, settlements, and expenses, including reasonable attorneys' fees, arising from:
You must reasonably cooperate with Smackagram and preserve relevant information concerning any claim. Smackagram may control the defense and settlement, and you may not settle a covered claim in a manner affecting Smackagram without its written consent.
Our Privacy Policy explains how Smackagram collects, uses, shares, protects, and retains personal information.
To operate the Service, enforce safety controls, and document compliance, Smackagram may retain account identifiers, recipient numbers, submitted inputs, final scripts and audio, approvals, call-specific confirmations, Auto-Smack settings, timestamps, provider call records, playback status, and keypress or opt-out records, as described in the Privacy Policy and permitted by law.
Smackagram does not record or retain a recipient's voice or reaction.
A registered and verified account is required before placing any Smack Call. Guest and anonymous calling are prohibited. You may maintain only one account, must provide accurate and current information, must protect your login credentials, and are responsible for activity conducted through your account.
Smackagram may suspend, restrict, or terminate an account without notice for suspected fraud, abuse, multiple-account use, evasion of safety controls, violation of these Terms, or legal, security, vendor, or reputational risk.
Termination ends your right to use the Service but does not eliminate previously accrued obligations. Smackagram may retain compliance records after account closure as described in Section 16 and the Privacy Policy.
Smackagram may update these Terms and will identify the effective date of each version. For material changes, we will provide reasonable notice and require you to affirmatively accept the revised Terms before continuing to use the Service or requesting another call.
Smackagram may record the version accepted and the date and time of acceptance. If you do not accept revised Terms, you must stop using the Service. Each transaction remains governed by the version accepted when that transaction occurred.
These Terms and any dispute arising from the Service are governed by Florida law, without regard to conflict-of-law principles, except where applicable law requires otherwise.
Any legal action must be brought exclusively in the state or federal courts serving the Florida county in which Smackagram maintains its principal place of business. You and Smackagram consent to those courts' jurisdiction and venue.
If any provision of these Terms is invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will remain effective. Smackagram's failure to enforce any provision is not a waiver.
No agency, partnership, employment, joint venture, referral, or marketing relationship exists between you and Smackagram. You act solely on your own behalf and may not bind or represent Smackagram.
You may not assign these Terms without Smackagram's written consent. Smackagram may assign them in connection with a merger, reorganization, sale, or transfer of its business or assets.
These Terms and any terms or policies expressly incorporated into them constitute the complete agreement concerning the Service and replace prior communications concerning the same subject.
A recipient may permanently block future Smack Calls by submitting the form at smackagram.com/opt-out or contacting support@smackagram.com. No account is required. The block applies across all Smackagram customers and cannot be overridden by a customer.
Questions about these Terms or the Service may be sent to support@smackagram.com or submitted through our Contact Us page.