SmartyAds Inc and its subsidiaries (collectively “we,” “us,” “SmartyAds”) hope that you enjoy this site! These Terms of Use (the “Terms”), along with the Privacy Notice for this site (“the Privacy Notice”) governs your use of this site, including, without limitation, how you interact with all information, pictures, graphics, upgrades, and other content, features, and services available within this site. By using this site, you consent to the Terms and the Privacy Notice. If you are a minor in your country or region where you reside, you acknowledge that your parent/guardian has reviewed and consented to your use of this site subject to the Terms and the Privacy Notice. If you do not agree, or your parent/guardian does not agree with the Terms, do not use this site and our application (the “App”).

Use of Apps

By using the App, you are consenting to the processing of data as set forth in Privacy Notice which is compliant with the General Data Protection Regulation (GDPR 2016/679).

You agree to use the App only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the App.

When you use or access our Services in any capacity, you represent that you are at least the minimum age to consent for data processing under the laws of your jurisdiction (e.g., 13 years old in the United States, and 16 in some EU territories), and not barred from accessing the Services under applicable law. If you are under the age of 18, you hereby agree that you have gotten permission from a parent or guardian to use our Services, and your parent or guardian must agree to these Terms and accept them on your behalf. Parents and legal guardians are responsible for the acts of their children when they use our Services. If you access our Services through a third-party platform or site, you may be required to comply with their policies in addition to these Terms.

Users are responsible for their own use of this site. We do not guarantee to Users that there are no defects or bugs in this site, and we will bear no responsibility for repairing defects or bugs. We offer no guarantees whatsoever regarding this site’s use on all devices or this site’s content. If a User causes damage to us or others by using this site, that User will be personally responsible for the costs of compensation for the damage. This site may contain links to websites other than those operated by us. We bear no responsibility whatsoever regarding the contents of said websites.

You acknowledge that the App may communicate with our servers from time to time to check for updates to the App, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By installing the App, you agree to such automatically requested and received updates.

You agree that we may stop (permanently or temporarily) providing the App (or any features within the App) to you or to users generally at our sole discretion, without prior notice to you. You agree that if we disable access to the App, you may be prevented from accessing the App or certain features within the App.

You may not distribute, publish, or send through an App: (1) any spam, including any unsolicited advertisements, solicitations, commercial messages, informational announcements, or promotional messages of any kind; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; (5) messages that contain no substantive content; (6) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (7) any message that is categorized as ‘phishing’.

Restrictions

  • You specifically agree to the following license restrictions in connection with the Services:
  • If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian.
  • If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services.
  • You are prohibited from using our Services for commercial purposes.
  • You are prohibited from using our Services to advertise, solicit, or transmit any commercial advertisements, which include but are not limited to chain letters, junk, spam, or repetitive messaging (whether targeted or not targeted).
  • You are prohibited from creating an Account on someone else’s behalf.
  • You are prohibited from creating an Account using inaccurate or false information.
  • You are prohibited from renting, selling, gifting, or giving away your Account or Account-related information.
  • You are prohibited from selling or transferring prizes or rewards obtained in connection with the Services to any other person or entity.

You further agree that under no circumstance will you:

  • Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms.
  • Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems, or networks.
  • Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services, or by any other means (e.g., by posting links to such content).
  • Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassment and/or violence towards another person, group, our employee(s), or our Services, or engage in any acts in violation of other publicly posted SmartyAds policies (e.g. our forum rules).
  • Use our Services to post, supply or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity.
  • Use our Services to post, display, or transmit any other person or entity’s private information, including personally identifiable and/or financial information.
  • Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.
  • Scrape, harvest, or otherwise extract data from the Services.
  • Seek to obtain advantage or information from our Services using methods not expressly permitted by SmartyAds.
  • Engage in solicitation or attempted solicitation of personal information from other users of our Services.
  • Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.
  • Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods or any unauthorized third-party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services.
  • Impersonate another person, including without limitation any other user or any SmartyAds employee.
  • Use our Services to violate any applicable law or regulation.
  • Use our Services for any activities other than what are reasonably considered the common and usual activities associated with the Services for general entertainment.
  • Encourage anyone to engage in the foregoing.

Intellectual Property Rights

The App, and all content included on or within the App, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content, is the property of us, our licensors or content suppliers and is protected by copyright and other intellectual property laws. Reproduction or redistribution of such content except as expressly permitted by these Terms of Use is prohibited.

We grant you a personal revocable, non-exclusive, non-transferable license to access and make personal use of our App. You may not download, reverse engineer, decompile, disassemble, or modify it, or any portion of it, except with our express written consent. The App may not be copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the App without our prior written consent. This unauthorized use of the App will immediately terminate the limited license granted by SmartyAds.

No Warranties and Limitation of Liability

Without limiting SmartyAds liability under Section 8 below, the Services are provided on an “as is” and “as available” basis for your use, with no warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. SmartyAds does not warrant that you will be able to access or use our Service at the times or locations of your choosing; that our Services will be of a certain quality or suitability, or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or other harmful components.

SmartyAds does not warrant that the App, its functions, or content will be uninterrupted or error free, or that defects will be corrected. SmartyAds makes no representation or warranty as to the accuracy or fitness for use of any offers, advertisement or third party content presented in connection with the App. The App is provided on an ‘as is’ basis. You agree that this use of the App is at your sole risk.

SmartyAds will not be liable to you for any damages of any kind arising from the use or inability to use the App. Our liability for monetary damages for any claims that you may have against us is limited to the amount you actually paid for the App.

Auto Renewing Subscriptions

For auto renewing subscriptions completed in the iOS Apps following terms apply:

Payment will be charged to iTunes Account at confirmation of purchase.

Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.

Suspension and Termination of Account and Services

Without limiting any other remedies and to the fullest extent permitted under applicable law, we may suspend, terminate, delete, limit, or modify Accounts or access to the Services or any portions thereof, hold, delay, or remove hosted content, take legal and technical steps to prevent access to the Services, or take other action consistent with these Terms, with or without notice to you, if we suspect or determine, in our sole discretion, that you have failed to comply with any of these Terms or have otherwise engaged in illegal activity or improper use of our Services. This may result in the loss or termination of your Account, information, persona, rankings, benefits, Virtual Items (as defined in Section 5 below), in-game purchases, or other losses. To the fullest extent permitted under applicable law, we are not and will not be held responsible for loss of any Account, information, persona, rankings, benefits, Virtual Items, in-game purchases, or other losses incurred, and are under no obligation to compensate you therefor.

We reserve the right to stop offering and/or supporting our Services or any portion thereof, including but not limited to any particular game, at any time for any reason, consistent with applicable law. If this occurs, your license to access or use the applicable Services will automatically terminate, and you may lose access to any content that you may have submitted or were in the process of submitting. We reserve the right in our reasonable discretion to terminate any Account that has been inactive for an extended period of time. Unless required by applicable law or app store policy, we are not required to notify you in advance of these actions, or to provide you any refunds, compensation, or any material or non-material benefit for discontinued or terminated Services or losses resulting therefrom.

You may choose to close your Account for any reason and at any time. If you choose to exercise this right, please inform SmartyAds that you wish to close your Account by either: (i) opening a help ticket directly in-game via the Help section for the applicable game and requesting that your Account be closed; or (ii) emailing apps @smartyads.com and requesting that your Account be closed. You understand that if you close your Account, you may no longer have access to information previously associated with your Account, including, without limitation, your game progress and any Virtual Items associated with your Account.

Changes to the terms of Use

These Terms of Use may be updated from time to time. We will notify you of any changes to this Terms of Use by posting the new Terms of. You are advised to consult these Terms of Use regularly for any changes.

Refund Policy

Thanks for purchasing our digital products.

We offer a full money-back guarantee for all purchases made on our website and in our applications. If you are not satisfied with the product that you have purchased from us, you can get your money back no questions asked during first 2 hours.

If you have any additional questions or would like to request a refund after the two-hour refund period feel free to contact us via email: apps@smartyads.com