Welcome!
Thank you for your interest to the Site and Application ("Application"), created by “Smart Project GmbH” ("Company" or "we") registered at Albitweg 11, 3095 Spiegel b. Bern, Switzerland.
We sincerely hope that Application ("Application") as well as services provided by the Application ("Services") will be useful and enjoyable.
The terms of this agreement are written in English and can be translated into other languages at the discretion of the Company. The English version is legally binding and takes precedence in case of contradictions between the English version and its translation.
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, and not barred from accessing the Services under applicable law. Notwithstanding the foregoing, we may provide some Services that are available specifically to younger players as permitted under applicable law. Regardless, if you are under the age of 16, 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 of Use 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 of Use.
Terms of Use govern the relationship between you and Smart Project GmbH, the Swiss company, with its address at the Albitweg 11, 3095 Spiegel b. Bern, Switzerland ("Company" or "Us" or "We") regarding your use of Company’s games, websites and related services (the "Service"), including all information, text, graphics, software, and services, available for your use. By using the Company’s games, applications, social communities, websites and related services and the services offered on it, downloading any software, or browsing the website, as well as by downloading any of Company’s mobile games from app stores or playing web-versions of the games, you accept the following Terms. If you do NOT agree to all these Terms of Use, please do NOT use our website and/or download and/or play any of our games.
By installing the Application on your mobile device, you completely agree to the Terms of Use ("Terms"), which are a disclosed by the Company and govern the relationship between the Company and the physical or legal person ("User") concerning the use of the Application. By installing the Application, you confirm that you have accepted the terms because you:
If you do not agree to these Terms, please, do not install the Application.
WARRANTIES AND DISCLAIMERS
ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICES. COMPANY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE INFORMATION, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE.
IN NO CASE SHALL COMPANY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM A LOSS OF BUSINESS, DATA, OR REVENUE; RELIANCE ON THE MATERIALS PRESENTED; DELAYS; OR BUSINESS INTERRUPTIONS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF COMPANY INFORMATION) REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOWNLOADING AND USING ANY OF THE SOFTWARE OR SERVICES OFFERED ON THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE TO YOUR DEVICE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
Copyright
Copyrights, trademarks, and all other proprietary rights shown in the content (including, but not limited to, software, services, text, graphics, and logos) are reserved to Company and protected by intellectual property laws. You agree not to copy, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives based on the site, its software, or its services except as expressly authorized herein. Except as otherwise provided, the content published on this website and/or in the app stores may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including, without limitation, distribution, reproduction, modification, display, or transmission, without the prior written consent of Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
Company disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by Company "AS IS" without warranty of any kind, either expressed or implied.
Rights to Content
"Content" refers to all software (including without limitation all games, titles, and computer code), communications (including without limitation all stories, dialogues, concepts, documentation, and character profile information), images, sounds, audio-visual effects, accounts, In-Game Currency and Virtual Items, and material produced by Company and/or received or made available while playing the Games or developed during the course of the Games. Content also includes all feedback, comments, or suggestions that Company receives from you regarding the Games. Unless otherwise expressly stated in writing, you understand and agree that all Content is owned, controlled, and/or licensed by Company. Company reserves the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction by or compensating you. All Content is copyrighted under the copyright laws of the Switzerland and/or similar laws of other jurisdictions, protecting it from unauthorized use. Company reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights to and relating to its Games. You are not permitted to copy, redistribute, publish, create any derivative work from, or otherwise exploit our Content or any part of our Content in violation of Company’s and/or any other third party’s intellectual property rights. Company, its logos, Game titles, and all related characters and elements are trademarks of Company and may not be used without its prior written consent.
If you are deemed to have retained any right to, title of, or interest in our Content or any part of our Content, you agree to and hereby assign solely and exclusively to Company all of your rights to, titles of, and interests in such Content or any part of such Content without additional consideration and in perpetuity under all applicable laws. If, for any reason, such assignment is ineffective under applicable law, you hereby grant Company the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to reproduce, modify, create any derivative work from, publish, distribute, sell, transfer, transmit, publicly display, use, and practice such Content or any part of such Content, and to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby agree to waive all moral rights or rights of publicity or privacy you may have to such Content.
At our discretion, Company representatives or technology may monitor certain Content in the Games, though it cannot and makes no undertaking to monitor all Content. We may edit, refuse to post, or remove any Content posted in the Games or in any Games-related sources that is deemed objectionable or violates these Terms or the spirit of these Terms at our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you can bring it to our attention by contacting us. You understand and agree that we are not responsible or liable for any Content generated by users of the Games. This implies that users, not us, are entirely responsible for the completeness, accuracy, and/or usefulness of all the Content they upload, communicate, transmit, and/or otherwise make available via our Games and related services.
You acknowledge and agree that Company may use built-in tracking features to obtain information regarding your use of the Games in order to improve the services we provide and agree that such information is deemed to be Content for all intents and purposes under these Terms.
Information Provided by You
The use of all materials and information sent through or in connection with this website and/or Company’s software by you is subject to our Privacy Policy.
1.1. In order to be able to use the Application, you need to install it. By installing you agree to provide us with the information as well as update it if changes take place. You warrant that information you provide is accurate and true.
1.2. Use of the Services shall be solely for your own purpose. Company grants the User a personal, worldwide, royalty-free, non-exclusive, non-assignable license to use its software within the Application.
1.3. Installing the Application on the User’s device does not grant the User intellectual property rights for either the Application or its contents.
1.4. Installing the Application confirms your acceptance of these Terms and your consent to abide by them in full. Furthermore, by installing the Application, the User allows the Company to use their personal information in accordance with the Privacy Policy of the Company ("Policy").
1.5. Minors. You must be at least 16 years old to access and/or use our website or Games. If you are a minor over the age of 16, we recommend seeking consent from a parent or legal guardian before accessing and/or using our website or Games.
2.1. Installing the Application is free and gives you free access to use the “free minimum” package of the Services.
2.2. Using the package of Services provided in the shop of the Application is for a fee. All fee-Services are activated only after a full payment. All payments are made online using the Application.
2.3. The User uses the Services solely at their own personal risk.
2.4. Use of Software.
2.4.1. The software available for download on this website or in app stores, as well as available on social networks, and all its documentation are the copyrighted work of Company. Use of that software is governed by the terms of the end-user license agreement that accompanies or is included in it. You are not able to use, download, or install any software without first agreeing to the terms of the end-user license agreement that accompanies or is included in it.
2.4.2. You may not use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the software or other products, services, or processes accessible through our website or Games except as expressly authorized herein or in the applicable end-user license agreement. You also acknowledge and agree that you will not transmit, upload, or attempt to transmit or upload viruses, adware, spyware, worms, or any other malicious or invasive code.
2.4.3. The software is supplied "AS IS" Company disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability and fitness for any purpose with respect to the software. You assume the entire risk of using the software.
2.4.4. You understand that Company’s introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your device and other equipment.
2.4.5. Company grants you a non-exclusive, non-transferable, revocable, and limited license to use our software. You may not use Company software for any purpose other than that described in the license granted to you. Any illegal use of our software is solely your responsibility.
3.1. The Service may include an opportunity to purchase virtual, in-game currency ("In-game currency").
3.2. Company’s mobile and social games include virtual in-game currency, such as coins, cash, and/or diamonds, that can be purchased for real money and in turn used to purchase virtual in-game items ("Virtual Items"). Please note that Company does not handle and is not responsible for handling transactions acquiring In-game currency. All In-game currency transactions are handled by third-party e-commerce payment providers. By purchasing In-game currency, you are bound by and agree to the third-party payment providers’ Terms.
3.3. In addition to all third-party obligations, the following shall apply. In no way can In-game currency or Virtual Items be exchanged with us or anyone else for real money, goods, other items, or services of monetary value. Transferring In-game currency or Virtual Items outside the Games is strictly prohibited, meaning that you may not buy or sell In-game currency or Virtual Items for real money or otherwise exchange In-game currency or Virtual Items for items of value outside the Games.
3.4. You also agree that all prices and sales of In-game currency and Virtual Items are final. Neither third-party payment providers nor Company issue refunds for completed transactions except as provided in this Terms. Please note that you only purchase a limited, revocable, non-transferable license to use In-game currency or Virtual Items, and you agree that you do not own them. In the event your account is limited, terminated, suspended, modified, or deleted for any reason, at Company’s sole and absolute discretion, or if Company discontinues its Games, you forfeit any and all In-game currency and Virtual Items earned or purchased. Company has the absolute right to manage, regulate, control, modify, and/or eliminate In-game currency and/or Virtual Items as it sees fit and at its sole discretion, and Company is under no obligation to compensate you or anyone else for any resulting losses.
3.5. When you purchase In-game currency you do not become their owner. You understand that you have no right or title in the virtual in-game items. However, you have the right to use them in the Application.
3.6. Money spent for in-game purchases is non-refundable. We have the full right to change the price for In-game currency, as well as the way they are used in the Application. We also reserve the right to discontinue the sale of In-game currency.
3.7. In-game currency can never be redeemed for real money, goods, or any other item of monetary value.
3.8. If you get free In-game currency through a promotion or in any other way different from real purchase, we have the right to withdraw them at any time.
3.9. We have the right to withdraw the in-game currency in case of deleting the Application, and the process of such deleting should be provided regarding the rules of the respective store.
4.1. User is obliged:
4.2. User prohibited from:
4.3. User Conduct. Your use of the Service is governed by and maintained and enforced by Company through "User Conduct" You are entirely responsible for knowing, understanding, and abiding by User Conduct. The User Conduct rules are not exhaustive, and Company reserves the right to determine which conduct is considered to be outside the spirit of the Games and to take disciplinary measures, including the termination and deletion of user accounts, prohibiting user from using the Service in whole or in part. User Conduct governs all aspects of your interaction with the Games, including, without limitation, selecting an in-game name, posting messages, interacting with other users, and otherwise accessing the Games.
You acknowledge and agree that if Company finds, at its sole discretion, that you have violated User Conduct, you may no longer have access to the violating item/items and/or Company reserves the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part.
You agree that you will not:
5.1. The User is personally liable for information, pictures, photos, texts, sounds any personal data, etc. (hereinafter- information) provided to the Application, for the safety and confidentiality of the information necessary for authorization in the Application, for the use of this information by a third party, for any statements and actions made on behalf of the User's profile, whether they are fraudulent or not.
5.2. By providing the information, pictures, photos to the Application, User automatically grants the Company the right to use this information, pictures, photos under terms of Privacy Policy. These rights are granted around the world and for the duration of these Terms.
Thus, the User provides the Company with an irrevocable, eternal, non-exclusive worldwide license for the use of the provided information, as well as the right to grant sub-licenses for this information. We reserve the right to use this information, including Usernames, profile photos and User information within the Application for our promotional purposes.
5.3. If User has intention to assist another person and provides this information on their behalf to the Application, User shall first obtain the consent of the other person for processing of the information. If it was not done, the User provides this information at his/her own discretion and solely under his/her own responsibility.
6.1. The Company reserves the right to review and remove or block the profile pictures, texts, photos, and profiles ("Content"), which, in our view, violate these Terms or do not comply with legal requirements, or may be offensive, or could violate the right.
6.2. Management of the Application does not check the accuracy or truthfulness of the information provided by Users. Even though we reserve the right to remove content that, in our view, may be offensive to the Application or other Users, we cannot guarantee that all objectionable material will be removed. We have the right to investigate any violation of these Terms and, if necessary, immediately suspend or deny User access to certain Services without notice. Using the Services, you understand and agree that the information provided by other Users, may not be real, and that the Service is intended solely for entertainment.
6.3. The Company reserves the right to use the Application as an advertising platform, i.e., to display promotional materials - both our own and that of a third party - in any form, which we consider necessary.
6.4. The Company may from time-to-time report anonymous information to its partners for the use in targeted mailings (by age group, gender, etc.). In these cases, the Company does not transmit any information that would identify you as a User.
7.1. Company, including its directors, agents, affiliates, partners, subsidiaries, and employees, is not liable under any circumstances:
7.2. The Company does not represent or confirm the accuracy or reliability of any advice, points of view, statements or other information displayed or distributed through the Service by us, our partners, affiliates or any User or any other person or organization. By relying on such views, advice, User profile data, statements, or information, you assume all the risks.
8.1. You have the right at any time and for any reason to stop using the Application, by means of the appropriate functionality of the device where the Application is installed. Payments made by you for the paid Services before the date of termination the agreement with the Company (the date of uninstall of the Application from the device), will not be refunded. The Company reserves the right to immediately suspend or terminate your access to the Service without notification after we learn of any violation of these Terms.
8.2. We reserve the right to take actions, which may include terminating your account and prohibiting you from using the Service in whole or in part (including but not limited to by deleting your account) at any time, if we reasonably believe that you have violated or breached any of these terms. In the event that we suspend or terminate your account, you will have no further access to your account and/or any Content associated with it. As stated above, Company and third-party e-commerce payment providers will not issue any refund to you for In-game Currency or Virtual Items acquired, developed during, or purchased in the Games.
9.1. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.
9.2. Company is authorized to amend the Terms at any time, with the amended Terms effective as soon as they are posted on this website. Please check the most current Terms to ensure that you are aware of all the terms and conditions regulating your use of this website and Company’s games.
9.3. Company reserves the right to make changes to or update the content of the applications, website and its games or the format thereof at any time and without any notice. Company reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.
10.1. To resolve any disputes according to the Service or Application, you should contact the Company via a "Contact us" option in the Application.
10.2. The Company will exercise every effort to resolve any controversies or disputes quickly, professionally, and efficiently.
10.3. If you are not satisfied with the resolution and want to appeal to a court, these Terms are governed by the laws of Switzerland; therefore, you have to appeal to the courts of Switzerland.
10.4. The Company is not obligated to enter into the resolution of any dispute between the Users and is not obliged to provide any resolution of disputes arising between Users.
10.5. In case of a claim or filing a lawsuit against the Application as a result of your use of the Application or Service, including any breach of these Terms, or in the case of any fines or filing any claims by other parties against you, you agree to pay, independently be responsible and hold harmless the Application against any claims or lawsuits. You also agree to assist when the need arises, with objections to any such claims, as well as to give the Company the opportunity to take on the defense and control of the case.
11.1. We do not refund the payments made for the use of the Services. If you find our Services to work improperly, please contact us and describe the problem in detail, indicating your User ID and the payment transaction ID. If your claim is granted, compensation will be paid to you within 30 days after sending the Application. The amount of compensation will be equal to the cost paid for the Services you paid for, but in any case, not more than one hundred US dollars. We work, observing the recommended standards and laws regarding National and International Fair Trading.
11.2. If you give your account or payment details to someone else, appear to be abusing our policies, or don’t protect your account with authentication, we usually can’t issue a refund.
In case of refund, payment processor’s standard terms and conditions regarding refunds will apply. User refunds are exclusive of taxes previously charged to users for product purchases.
11.3. Special refund regulation for Google Play.
If the purchase isn’t what you expected, doesn’t work, or you don’t want it anymore, you can:
You should contact Company if:
How to find our contact information (for Google Play)
When you contact us, please, let us know:
If your inquiry is about a problem with a purchase you made, you should expect a response within three business days and within 24 hours to any support or product concerns stated to be urgent by Google.
11.4. Special refund regulation for AppStore
You can report to Apple a problem with any purchase that you’ve made using the link https://reportaproblem.apple.com. If technical problems prevent or unreasonably delay delivery of the Game, your exclusive and sole remedy is either replacement of the Game or refund of the price paid, as determined by Apple. From time to time, Apple may refuse a refund request if Apple finds evidence of fraud, refund abuse, or other manipulative behavior. Please see https://support.apple.com for more information.
11.5. Refund regulation for other platforms
You can address your requests regarding in-game purchases made on other platforms including web-versions of our games to Company’s support.
You and Company agree that if any part of these terms is or becomes, in whole or in part, invalid or unenforceable under any applicable local laws or court, it is to be deemed severed from these terms to the extent of its invalidity or unenforceability, and the rest of the terms shall remain in full force and effect.
Additional policies related to specific services (including but not limited to forums, contests, or loyalty programs) can be issued by Company. Your right to use such services is subject to the pertinent policies and these Terms.
YOU AGREE THAT YOUR USE OF THE INFORMATION, CONTENT, OR SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
If you have any questions or comments, please contact us at support@smartpoject.com. Please also see our Privacy Policy.
Smart Project GmbH
Albitweg 11, 3095 Spiegel b. Bern, Switzerland