Terms of Service

Last updated 06 June 2020

By using our services, you are agreeing to these terms. Please read them carefully.

Our services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant services, and those additional terms become part of your agreement with us if you use those services.

Your relationship with us

Your use of the our website (the “Site”) and any of our products, channels,software, data feeds and services provided to you on or from or through the Siteby us (collectively the “Service”) is subject to the terms of a legal agreementbetween you and Smash. It is important that you take the time to read this document carefully.

Your legal agreement with us is made up of the terms and conditions set out in this document (“Terms of Service”).

These terms apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

Accepting the terms

In order to use the Service, you must firstly agree to these terms. You may notuse the Service if you do not accept these terms.

You understand and agree that Smash Appz will treat your use of the Service as acceptance of these terms from that point onwards.

You may not use the Service and may not accept these terms if:

• you are not of legal age to form a binding contract with Smash Appz, or

• you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.

Using our Service

You must follow all policies made available to you within the Service.

Don’t misuse our Service. For example, don’t interfere with our Service or try to access them using a method other than the interface and the instructions that we provide. You may use our Service only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Service. Don’t remove, obscure, or alter any legal notices displayed in or along with our Service.

Our Service display some content that is not our own. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

Privacy and copyright protection

Our privacy policy explain how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that we can use such data in accordance with our privacy policy.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can contact us at support@smashappz.com.

Software

When a service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some services may let you adjust your automatic update settings.

Smash Appz gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by us as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Modifying and terminating our Service

We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop a service altogether.

You can stop using our Service at any time. Smash Appz may also stop providing Service to you, or add or create new limits to our Service at any time.

Warranties and disclaimers

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Service.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SMASH APPZ NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liabilities

WHEN PERMITTED BY LAW, SMASH, AND SMASH APPZ’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SMASH, AND ITSSUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, SMASH, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES.

Business uses

If you are using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Smash and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

About these terms

We may modify these terms or any additional terms that apply to a service to, for example, reflect changes to the law or changes to our Service. You should look at the terms regularly. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Smash and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.