1. Introduction and Acceptance of Terms
Welcome!
Thank you for your interest in the Site and Application ("Application"), created by Smart Project GmbH ("the Company" or "We") registered at Kirchstrasse 52, Liebefeld, Switzerland, 3097.
We sincerely hope that the Application ("Application", "App" or "Software") as well as the Services and any other Content provided by the Company ("Services" and "Content") will be useful and enjoyable.
These Terms of Use ("Terms") set out the rules and guidelines governing your access to and use of the Smart Project website, applications, and any related services, content, features, or other products We make available (collectively, the "Service"). Among other things, these Terms explain: (1) what you can expect from us; (2) what We expect from you; and (3) how disputes between you and Us will be resolved.
For information on how We collect, use and protect personal data, please refer to our Privacy Policy. By using our Website, you also acknowledge our Privacy Policy.
These Terms 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 required to consent to data processing under the laws of your jurisdiction, and are 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 or other age with applied restrictions under the laws of your country (hereinafter also "age with restrictions"), you agree that you have obtained permission from a parent or guardian to use our Services, and your parent or guardian must agree to and accept these Terms of Use 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.
These Terms of Use govern the relationship between you and Smart Project GmbH, a Swiss company, with its address at Kirchstrasse 52, Liebefeld, Switzerland, 3097 ("the Company" or "Us" or "We") regarding your use of the Company’s games, applications, websites and related services (the "Service"), including all information, text, graphics, software, and services, available for your use.
You must accept these Terms before using our Services. By accepting these Terms, you confirm that you have read, understood, and agreed to them.
By using the Company’s Services, downloading any software, or browsing the website, as well as by downloading any of the Company’s mobile games from app stores or playing web versions of the games, you agree to be bound by these Terms of Use. 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 or using any other services provided by us, you completely agree to be bound by these Terms of Use ("Terms"), which are disclosed by the Company and govern the relationship between the Company and you as the natural or legal person ("User") concerning the use of the Application and Services. By installing the Application or using Services, you confirm that you have accepted the terms because you:
The restrictions and rules specified herein for persons under the age of 16, under the age of adulthood, or subject to other age-related restrictions fully apply to persons of any other age, if such restrictions are provided for by the applicable legislation of the relevant country.
If you do not agree to these Terms, please do not install the Application.
2. WARRANTIES AND DISCLAIMERS
ALL INFORMATION, SOFTWARE, AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" THE 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.
THE COMPANY MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF ITS INFORMATION, SOFTWARE, OR SERVICES. THE 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.
THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, SOFTWARE, OR SERVICES REFERENCED OR LINKED TO ON THIS WEBSITE, INCLUDING ANY ADVERTISING MATERIALS, THIRD-PARTY AD CONTENT, OR OTHER THIRD-PARTY CONTENT DISPLAYED, MADE AVAILABLE, OR LINKED THROUGH THE WEBSITE OR SERVICES.
IF YOU VOLUNTARILY DISCLOSE YOUR PERSONAL DATA TO THIRD PARTIES, INCLUDING OTHER USERS, ADVERTISERS, OR THIRD-PARTY SERVICES, YOU DO SO AT YOUR OWN RISK, AND THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY COLLECTION, USE, DISCLOSURE, OR OTHER PROCESSING OF SUCH DATA BY THOSE THIRD PARTIES TO THE EXTENT SUCH DISCLOSURE DID NOT RESULT FROM THE COMPANY’S BREACH OF THESE TERMS OR APPLICABLE LAW.
IN NO CASE SHALL THE 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 THE COMPANY INFORMATION, ADVERTISING MATERIALS, THIRD-PARTY AD CONTENT, OR ANY THIRD-PARTY WEBSITES, SERVICES, OR MATERIALS REFERENCED, LINKED, OR DISPLAYED THROUGH THE WEBSITE OR SERVICES), REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DOWNLOADING AND USING ANY 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.
3. Minors.
3.1. You must be at least 16 years old or the relevant age without restrictions under the laws of your country to access and/or use our website or Games. If you are a minor over the age of 16 or other relevant age with restrictions under the laws of your country, We recommend seeking consent from a parent or legal guardian before accessing and/or using our website or Games; where required by applicable law, such permission and acceptance must be verified through the relevant platform, app store tools, account controls, API signals, or another commercially reasonable technical or procedural method (as determined by the Company in good faith, taking into account applicable platform capabilities and legal requirements) before access to certain features, downloads, purchases, or in-app purchases is granted or continued.
The Company reserves the right to deny, restrict, suspend, or terminate access to or use of the Services if it determines that this requirement has not been complied with, to the extent such measures are required or permitted under applicable law in the relevant jurisdiction.
3.2. Texas users. If you are a minor located in Texas, and Texas law requires parental or guardian consent for your access to or use of the Services, downloads, purchases, in-app purchases, acceptance of these Terms, or use of specific features, these Terms, or the relevant provision of these Terms, will not be enforced against you to the extent you accepted them without the required parental or guardian consent.
4. Installation and Access to the Services
4.1. In order to be able to use the Application, you need to install it. By installing it, you agree to provide Us with the information and update it if any changes occur. You warrant that information you provide is accurate and true.
4.2. Installing the Application on the User’s device does not grant the User intellectual property rights in either the Application or its Content.
4.3. 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 authorizes the Company to use their personal information in accordance with the Privacy Policy of the Company ("Policy"). By installing, opening, accessing, or using the Application or any of its features, you expressly request and consent to the immediate provision of the Application, the Service, and the digital content and digital services made available through the Application before the end of any applicable cancellation period, to the extent permitted by applicable law.
4.4. Use of the Services shall be solely for your own personal purpose.
4.5. Subject to your compliance with these Terms, the Company grants you a non-exclusive, non-transferable, revocable, and limited license to use our software. You may not use Company's software for any purpose other than that described in the license granted to you. You are solely responsible for any illegal use of our software.
4.6. If you downloaded the Application from the Apple App Store ("App Store Sourced Application"), the following additional terms apply: (a) this Agreement is concluded between you and the Company only, and not Apple; (b) you may not use the Application in any manner that violates Apple's usage rules or the terms of the Apple App Store (collectively, "Apple Terms"); (c) your license to use the Application is limited to a non-transferable license to use the Application on an Apple-branded product that you own or control, as permitted by the Apple Terms; (d) Apple has no obligation to provide maintenance or support services for the Application; (e) in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application; to the maximum extent permitted by law, Apple will have no other warranty obligation; (f) Apple is not responsible for addressing any claims relating to the Application, including product liability claims, legal non-compliance claims, and consumer protection claims; (g) in the event of any third-party intellectual property claim, the Company, not Apple, is solely responsible; (h) you confirm you are not in a country subject to a U.S. Government embargo or on a U.S. prohibited parties list; (i) you must comply with applicable third-party terms when using the Application; (j) Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.
5. Access to Services, Paid Features, and Software Use
5.1. Installing the Application is free and gives you free access to use the "free minimum" package of the Services.
5.2. Using certain Services, paid features, virtual items, virtual currency, subscriptions, or other digital products may require payment. Paid Services are activated only after the relevant payment is successfully completed or confirmed by the applicable app store, payment provider, distribution platform, or other authorized payment channel. Depending on where you access or purchase the Services, payments may be processed by Apple, Google Play, the Company, or another authorized third-party payment provider.
5.3. The User uses the Services solely at their own personal risk.
5.4. Use of Software.
5.4.1. The Software may be available for download on the Company's website or in app stores, as well as available on social networks, and all its documentation are the copyrighted work of the Company. Use of that Software is governed by the terms of the end-user license agreement that's included in this Terms of Use. 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.
5.4.2. 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.
5.4.3. The Software is supplied "AS IS". The 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.
5.4.4. 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.
6. SUBSCRIPTIONS & PAYMENT
6.1. The Services and certain Applications may allow you to purchase access to Content or Services on a subscription basis ("Paid Subscriptions").
6.2. You acknowledge that all Paid Subscriptions are final, and We do not refund, transfer or change a completed transaction. Therefore, you will not be compensated for lost In-Game Products (or Paid Subscriptions) if your user account is terminated, whether by Us or by you for whatever reason. If you live in the European Union, you have certain rights to withdraw from online purchases. Note that when you do an Paid Subscriptions, you authorize Us to start providing the purchased Paid Subscriptions to you immediately when the purchase is completed, and therefore, you lose your right to withdraw from the purchase at this time. For these purposes, a Paid Subscription is completed when Our servers validate the purchase, and the Paid Subscriptions is credited to your user account.
6.3. Before you complete the purchase of any Paid Subscription, the applicable subscription terms, including the price, billing period, renewal period, automatic renewal conditions, trial or promotional offer terms, and cancellation methods, will be disclosed to you in a clear and conspicuous manner.
6.4. By confirming the purchase of a Paid Subscription, you expressly agree to the applicable subscription terms, including the automatic renewal terms, and authorize the Company, the relevant app store, payment provider, or distribution platform, as applicable, to charge your selected payment method on a recurring basis until the Paid Subscription is cancelled.
6.5. After you purchase a Paid Subscription, you will receive confirmation of the subscription terms and cancellation instructions in a form that can be retained by you, such as by email, electronic receipt, in-app confirmation, or confirmation provided by the relevant app store, payment provider, or distribution platform.
6.6. Payment. If you make any paid transaction, including a Paid Subscription, the applicable charge will be processed through the relevant platform, app store, distribution platform, or payment provider used for the purchase. The relevant platform or payment provider may charge your selected payment method and may store and manage your payment methods in accordance with its own terms and policies. You can associate multiple payment methods with your account, and you agree that those payment methods may be stored and charged for transactions in accordance with the terms and policies of the relevant platform or payment provider. Your primary payment method appears at the top of your account settings payments page. You are responsible for paying all applicable fees and taxes incurred through your account, except where such charges result from unauthorized use for which you are not responsible under applicable law.
6.7. If a payment cannot be processed for any reason, including because the selected payment method has expired or has insufficient funds, the relevant platform, app store, distribution platform, or payment provider may retry the payment, charge another eligible payment method associated with your account in order from top to bottom as they appear on your account settings payments page, request that you update your payment method, suspend access to the relevant Paid Service, or cancel the relevant Paid Subscription, in accordance with its applicable terms and policies.
If payment cannot be processed, you remain responsible for any uncollected amounts to the extent permitted by applicable law and the terms and policies of the relevant platform or payment provider, and another payment attempt may be made or another payment method may be requested. If you pre-order Content, you will be charged when the Content is delivered to you (unless you cancel prior to the Content’s availability).
6.8. Auto-renewable subscriptions provide access to Content, Services, or premium features in your Application on an ongoing basis. They automatically renew at the end of their duration until canceled in the Manage Subscriptions section of your account settings. The relevant platform (App Store, Google Play, etc.) will notify you within the applicable timeframe of the renewal date by providing email to let you know about the upcoming renewal and forthcoming payment. You will be informed of the renewal price, renewal dates and timetable when placing your order. Also you will be notified if the price of a Paid Subscription increases and, if required, your consent will be required to continue. Deleting or uninstalling the Application does not by itself cancel a subscription. Renewal charges may be processed no more than twenty-four (24) hours prior to the start of the next Paid Subscription period. If payment cannot be processed for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and another payment attempt may be made or another payment method may be requested. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period, as displayed on your receipt. The Paid Subscription may be cancelled if payment cannot be successfully processed to renew your subscription. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before the first charge is made, cancel the subscription at least twenty-four (24) hours before the free trial ends.
6.9. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before We start charging your payment method, cancel the subscription at least twenty-four (24) hours before the free trial ends.
6.10. If you start a free trial to a Paid Subscription offered by the Company and cancel before it ends, you cannot reactivate the free trial.
6.11. When your Paid Subscription to any Service or Content ends, you will lose access to any functionality or Content of that Service that requires a Paid Subscription.
6.12. If We decrease the price of your auto-renewable subscription, existing subscriptions will automatically renew at the lower price. You will not receive any communications and do not need to take any action.
6.13. In accordance with local law, We may automatically update your payment information regarding your payment methods if provided such information by the payment networks or your financial institutions. You agree that invoices, receipts, renewal notices, and other billing communications may be provided electronically, including by email, in-app notice, platform receipt, or other electronic means made available by the relevant payment channel. Content prices may be changed at any time.
6.14. If technical problems on the Company’s side prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined hereby.
6.15. From time to time, We may suspend or cancel payment processing or refuse a refund request if We find evidence of fraud, abuse, or unlawful or other manipulative behavior that entitles Us to a corresponding counterclaim.
6.17. By accessing Application, digital content, digital services, paid features, virtual items, virtual currency or other digital products, you expressly request and consent to their immediate supply before the end of any applicable withdrawal period. You acknowledge that, once such supply begins, you lose your statutory right of withdrawal to the extent permitted by applicable law.
7. The Terms of Use for Virtual Currencies
7.1. The Service may include an opportunity to purchase virtual, in-game currency ("In-game Currency").
7.2. The 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 the Company does not handle and is not responsible for handling transactions for 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.
7.3. 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.
7.4. You also agree that all prices and sales of In-game Currency and Virtual Items are final. Neither third-party payment providers nor the Company issues refunds for completed transactions except as provided in these 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 the Company discontinues its Games, you forfeit any and all In-game Currency and Virtual Items earned or purchased. The 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 the Company is under no obligation to compensate you or anyone else for any resulting losses.
7.5. When you purchase In-game Currency you do not become its owner. You understand that you have no right or title to the virtual in-game items. However, you have the right to use it in the Application.
7.6. 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 it is used in the Application. We also reserve the right to discontinue the sale of In-game Currency.
7.7. In-game Currency can never be redeemed for real money, goods, or any other item of monetary value.
7.8. If you get free In-game Currency through a promotion or in any other way other than a real-money purchase, We have the right to withdraw them at any time.
7.9. 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.
8. User Content and Information Provided by You
8.1. The use of all materials and information sent through or in connection with the Application and/or this website and/or Company’s software by you is subject to our Privacy Policy.
8.2. 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.
8.3. By providing information, pictures or photos to the Application, the User automatically grants the Company the right to use this information, pictures, photos under the terms of the 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, perpetual, 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.
8.4. If the User intends to assist another person and provides this information on their behalf to the Application, the User shall first obtain the consent of the other person for processing of the information. If this has not been done, the User provides this information at their own discretion and solely under their own responsibility.
9. Intellectual Property and Rights to Content
9.1. 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 the 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 the Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
The Company disclaims all proprietary interests other than in its own intellectual property rights. References to third-party services and software are provided by the Company "AS IS" without warranty of any kind, either expressed or implied.
Advertising content available through the Service is supplied and technically served by third-party partners, not by the Company, unless expressly stated otherwise. Accordingly, responsibility for such advertising content rests with the relevant third party, to the extent permitted by applicable law. If you wish to report any advertising content, you may contact customer support (support@smartproject.com), and We will make commercially reasonable efforts to assist.
9.2. 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 the 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 the 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 the Company. The Company reserves the right to use all Content for any purpose, including without limitation all commercial and/or promotional use, without restriction and without compensating you. All Content is copyrighted under the copyright laws of Switzerland and/or similar laws of other jurisdictions, protecting it from unauthorized use. The Company reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights to and relating to its Games.
If you provide feedback, suggestions, ideas, comments, or recommendations regarding the Services, you agree that the Company may use them without restriction or compensation to you, to the extent permitted by applicable law. To the extent any rights in such feedback cannot be assigned, you grant the Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use such feedback for any purpose.
Except for the limited license expressly granted to you under these Terms, you do not acquire any ownership rights, title, or interest in Company Content. 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 the Company’s and/or any other third party’s intellectual property rights, including by reproducing, modifying, creating derivative works from, publishing, distributing, selling, transferring, transmitting, publicly displaying, using, or otherwise practicing such Content or any part thereof, or by incorporating the same into other works in any form, media, or technology now known or later developed. The Company, its logos, Game titles, and all related characters and elements are trademarks of the Company and may not be used without its prior written consent.
If you are deemed to have retained any right, title, or interest in our Content or any part of our Content, you agree to and hereby assign solely and exclusively to the Company all of your rights, titles, 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 to the 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, the Company’s representatives or technology may monitor certain Content in the Games, although we cannot and do not undertake to monitor all Content. We may edit, refuse to post, or remove any Content posted in the Games or in any Game-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 means 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 the Company may use built-in analytics and similar features to collect information about how you use the Games in order to maintain, improve, and support the services We provide. To the extent permitted under these Terms, such information will be treated as Content for the purposes of these Terms.
10. Fictional, Creative, and AI-Assisted Content
10.1. The Company’s Games, Applications, Services, Content, advertising materials, promotional materials, and marketing materials are created and provided for artistic, creative, and entertainment purposes.
10.2. Unless expressly stated otherwise, all characters, creatures, names, stories, worlds, events, visual environments, dialogues, scenarios, and other fictional elements presented in the Games, Applications, Services, Content, advertising materials, promotional materials, or marketing materials are fictional. Any resemblance to real persons, animals, places, entities, or events is coincidental and should not be understood as a representation of real facts, real persons, real events, or any real affiliation, endorsement, or connection.
10.3. The Games, Applications, Services, Content, advertising materials, promotional materials, and marketing materials are intended to provide Users with an enjoyable entertainment experience. They are not intended to provide factual news, inform the public on matters of public interest, imitate real persons, or present fictional, synthetic, or manipulated content as authentic real-world content.
10.4. The Company may use artificial intelligence tools and other technical tools as part of the creative, artistic, editing, enhancement, localization, testing, advertising, promotional, marketing, or technical production process. As a result, the Games, Applications, Services, Content, advertising materials, promotional materials, or marketing materials may include images, visual elements, text, animations, audio, video, characters, scenes, stories, effects, or other Content that has been created, edited, enhanced, localized, generated, modified, or otherwise technically processed with the assistance of artificial intelligence tools. Such Content is provided as part of the creative, fictional, entertainment, and gameplay experience of the Service.
10.5. Where required under applicable law, the Company may provide appropriate disclosures, labels, notices, or other transparency information regarding artificially generated or manipulated content.
11. Rights and obligations of the User
11.1. The User is obliged:
11.2. User is prohibited from:
11.3. User Conduct.
11.3.1. Your use of the Service is governed, maintained and enforced by the Company through User Conduct rules, You are entirely responsible for knowing, understanding, and abiding by the User Conduct rules. The User Conduct rules are not exhaustive, and the 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 Users 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.
11.3.2. You acknowledge and agree that if the Company finds, at its sole discretion, that you have violated User Conduct, you may no longer have access to the violating item or 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.
11.3.3. You agree that you will not:
12. Rights and obligations of the Company (Application)
12.1. 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, do not comply with legal requirements, may be offensive, or could violate rights. For these purposes, the Application may use certain third-party technical solutions, including software development kits (SDKs) and similar tools, as further described in the Privacy Policy and subject to applicable law.
12.2. The 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.
12.3. The Company reserves the right to use the Application as an advertising platform, i.e., to display promotional materials, including contextual advertisements and rewarded ads - both our own and that of a third party - in any form, which We consider necessary.
12.4. The Company may from time-to-time report anonymized data to its partners for 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.
12.5. For children, minors, and Users who have not reached the applicable age of digital consent, We do not serve interest-based advertising where prohibited by law or platform rules, and any advertising-related data processing is limited accordingly. Any sharing of de-identified or aggregated information with partners is subject to applicable law and the Privacy Policy and will not include information that directly identifies you.
13. Responsibility of the Company (Application)
13.1. The Company, including its directors, agents, affiliates, partners, subsidiaries, and employees, is not liable under any circumstances:
13.2. The Company does not represent, warrant, or confirm the accuracy, completeness, or reliability of any advice, opinions, points of view, statements, User profile data, or other information displayed, published, or distributed through the Service by the Company, its partners, affiliates, any User, or any other person or organization. By using the Service, you acknowledge and agree that any such advice, opinions, points of view, or statements may constitute subjective assessments or value judgments and should not be relied upon as statements of fact. Any reliance on such content is at your own risk.
14. Termination
14.1. You may stop using the Application at any time and may uninstall the Application from your device. The date of termination for your use of the Application may be the date on which you stop using the Application or uninstall it from your device.
14.2. Uninstalling the Application, deleting the Application from your device, or ceasing to use the Services does not automatically cancel any active Paid Subscription. Paid Subscriptions must be cancelled through the relevant app store, payment provider, distribution platform, or other purchase channel. Refunds, if any, are handled in accordance with these Terms, the rules of the relevant purchase channel, and applicable law.
14.3. Payments made by you for paid Services before the date of termination of the agreement with the Company (the date the Application is of uninstalled 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.
14.4. 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, the 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.
15. Refund Policy, Cancellation, and Platform-Specific Rules
15.1. Except where required by applicable law, platform rules, or the terms of the relevant app store, payment provider, or distribution platform, purchases of digital content, digital services, paid features, virtual items, virtual currency, and subscriptions are final and non-refundable once the relevant content, service, feature, item, currency, or subscription access has been supplied or made available for the User.
15.2. 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 U.S. dollars. We operate in accordance with the recommended standards and laws regarding National and International Fair Trading.
15.3. If you give your account or payment details to someone else, appear to be abusing our policies, or do not protect your account with authentication, We usually cannot issue a refund.
15.4. In the event of a 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 and the relevant commission.
15.5. Right of cancellation: If you choose to cancel your order, you may do so within fourteen (14) days of when you received your receipt, without giving any reason.
To cancel your order, you must inform Us of your decision. Subscription services can only be cancelled following the initial subscription and not upon each automatic renewal. You have the right to inform Us using the cancellation form below or by making any other clear statement. To meet the cancellation deadline, you must send your communication of cancellation before the fourteen (14) day period has expired. To cancel a subscription, go to Settings > Apple Account> Subscriptions (for iOS); Play Store > Account > Payments & subscriptions > Subscriptions > Manage subscription (for Google Play).
We will reimburse you no later than 30 days from the day on which We receive your cancellation notice. We will use the same means of payment as you used for your payment, and you will not incur any fees for such reimbursement.
15.6. Exception to the right of cancellation: you cannot cancel your order if the Application or services, or any of our product delivery upon such order has started upon your request.
Cancellation form: To Smart Project GmbH, Kirchstrasse 52, Liebefeld, Switzerland, 3097, support@smartproject.com: "I hereby give notice that I withdraw from my contract for the following: [INSERT ORDER ID, ITEM], ordered on [INSERT DATE] / received on [INSERT DATE], name of consumer, address of consumer, email address of consumer, date".
16. Special refund regulation for Google Play.
16.1. If the purchase isn’t what you expected, doesn’t work, or you don’t want it anymore, you can:
16.2. You should contact the Company if:
16.3. How to find our contact information (for Google Play)?
16.4. When you contact us, please, let Us know:
16.4. Special refund regulation for App Store
You can report a problem to Apple with any purchase that you have 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.
16.5. 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 the Company’s support.
17. Changes to the Terms or Services
17.1. We reserve the right to modify, amend, or update these Terms at any time.
17.2. If we make material changes to these Terms, we will notify you in advance where appropriate, by email, through the Services, via our website, or by other reasonable means, or obtain the User’s consent where required.
Where applicable law requires a notice period, additional notice, renewed consent, or other user choices, we will comply with those requirements before the relevant changes take effect.
If you do not agree to a material change, you may stop using the Service and cancel any active subscription before the change takes effect, subject to applicable law and platform rules.
17.3. Unless otherwise required by applicable law, revised Terms become effective upon publication or on the effective date specified in the notice.
Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the updated Terms.
17.4. We may update or modify the features, content, or format of the Application, website, or games for operational, technical, legal, or product development reasons. Where such modifications materially affect paid content or core functionality, we will provide notice in accordance with Section 17.2. Also, We encourage you to review the most current version of the Terms to remain informed about the terms and conditions governing your use of this website and the Company’s games.
17.5. We reserve the right to suspend or terminate access to the Service where necessary for legitimate reasons, including: (a) breach of these Terms by the User; (b) legal or regulatory requirements; (c) security, fraud prevention, or technical integrity reasons; (d) discontinuation of the Service. Where required by applicable law, we will provide prior notice and a brief statement of reasons before suspension or termination. In urgent cases (e.g. security threats or fraud), access may be suspended immediately, with notice provided as soon as reasonably practicable thereafter.
The Company reserves the right to make changes to or update the Content of its applications, website and games or the format thereof at any time and without any notice. The Company reserves the right to terminate or restrict access to the website for any reason whatsoever at its sole discretion.
18. Disputes resolution procedures and Governing Law
18.1. You acknowledge and agree that the Company, as the developer and provider of the Application, and not any app store or distribution platform through which the Application is made available, is responsible for addressing any claims brought by you or any third party relating to the Application or your possession and/or use of the Application, including product liability claims, claims that the Application fails to comply with any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, data protection, or similar legislation. To resolve any disputes relating to the Service or Application, you should contact the Company via the "Contact Us" option in the Application.
18.2. The Company will make every effort to resolve any controversies or disputes quickly, professionally, and efficiently. Before starting formal proceedings, the parties will first try to resolve the dispute informally by contacting each other and providing a reasonable description of the issue and the requested resolution.
18.3. If you are not satisfied with the resolution and want to appeal to a court, these Terms are governed by the laws of Switzerland. All disputes, controversies or claims arising out of or in connection with these Terms of Use, including those concerning their validity, invalidity, breach or termination, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules. The Parties have agreed on the following terms: the number of arbitrators shall be one; the seat of arbitration shall be Geneva; the language of the arbitral proceedings shall be English.
18.4. 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.
18.5. In the event of a claim or a lawsuit against the Application or the Company as a result of your use of the Application or Service, including any breach of these Terms, or in the event of any fines or claims brought by other parties against you, you agree to pay, be independently responsible for and hold harmless the Application from any claims or lawsuits. You also agree to assist when necessary, 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.
19. Severability
You and the 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.
20. Supplemental Policies
Additional policies related to specific services (including but not limited to forums, contests, or loyalty programs) can be issued by the 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@smartproject.com. Please also see our Privacy Policy.
21. Contacts
Smart Project GmbH
Kirchstrasse 52, Liebefeld, Switzerland, 3097
Effective date: 06 June, 2026