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Terms and Conditions

 

By downloading or using the app, these terms will automatically apply to you, you should make sure therefore that you read them carefully before using the app. You're not allowed to copy, or modify the app, any part of the app, or our trademarks in any way.

You're not allowed to attempt to extract the source code of the app, and you also should not try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to Smart Solutions Pro.

 

Smart Solutions Pro is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you're paying for.

 

You should be aware that there are certain things that Smart Solutions Pro will not take responsibility for. Certain functions of the app will require the app to have an active internet connection.

The connection can be Wi-Fi, or provided by your mobile network provider, but Smart Solutions Pro cannot take responsibility for the App not working at full functionality if you don't have access to Wi-Fi, and you don't have any of your data allowance left.

 

If you're using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you're accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the app, please be aware that we assume that you have received permission from the bill payer to use the app.

 

At some point, we may wish to update the App. Smart Solutions Pro does not promise that it will always update the App so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app and may terminate your use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

 

 

 

 

 

 

Changes to these Terms and Conditions

We may unilaterally amend or update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These amendments shall be effective on the date when they are published. The User is obliged to follow these amendments and updates and shall be deemed to have agreed with these amendments in case the User confirms these amendments and continues to use Smart Solutions Pro Apps following the publication.

 

The User acknowledges that it cannot gain a title and/or status of Smart Solutions Pro's representative, authorized person, agent, commercial representative, stakeholder, solution or business partner, dealer, etc. By concluding this Agreement; therefore, the User shall not be able to disclose a notification to be interpreted as such in any documents, brochures, and advertisements to be arranged by and between third parties, on its website or in its references.

These terms and conditions are effective as of 01 December 2023.

 

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us via smartprostudio01@gmail.com

 

 

SMART SOLUTIONS PRO (END-USER) LICENSE AGREEMENT

 

These terms and conditions legally create an agreement between you, as the User, and Smart Solutions Pro. Please read all terms and conditions and further service scope carefully. By continuing you agree with our terms as set out under Smart Solutions Pro End-user License Agreement and Privacy Policy.

 

1.  TERMS OF USE

  1. Smart Solutions Pro is pleased to provide you, as the user, its branded mobile applications andanyrelateddocumentationcollectivelyalistofwhichisavailableattheGoogle PlayStore.

  2. You hereby agree to be bound by these Terms of Service of Smart Solutions Pro any time you useor access the Smart Solutions Pro’s Apps and any of our other products or services located in the Google Play Store. Your use of the Services is subject to your acceptance and compliance withthese Terms, which means hereby to access, install, download, copy, in-app purchase orotherwisebenefitfromusingthefunctionalityoftheSmart Solutions ProAppsasperthedocumentation.Please read this End-User License Agreement carefully before accessing, downloadingor using any Smart Solutions Pro Apps, for the Agreement governs your use of the Smart Solutions ProApps. If you do not agree with these Terms, do notuse the Services. Each time you use or access the Services, the current version of theseTerms and Conditions shall apply. This Agreement also includes additional payment terms, in-apppurchase options, and other requirements set forth on the download or purchase page/platformthroughwhichyoupurchaseordownloadtheSmart Solutions ProApps.

  3. Your use or access of the Services is also subject to the Smart Solutions Pro's Privacy Policy, whichis hereby available here and incorporated into these Terms by reference. Additionally,youagreetoabidebytheRules,Policies,andProcedureswemaypublishontheServicesfromtimetotime.Wereservetherightatanytimeandwithoutnoticetochangethese Terms. Without prejudice to any rights implied by law or under the provisions of thisAgreement,youalsoacknowledgethatin-appmessagethatnotifiesyousuchchangeswhen you open up, use or access the Smart Solutions Pro’s Apps shall constitute reasonable notificationmeans. For the avoidance of doubt, your continued use of the Smart Solutions Pro’s Apps after we postamendments or apply changes to this Agreement shall signify your acceptance of suchamendments and/or changes. If you do not agree with any amendment, you mustdiscontinueusingtheSmart Solutions Pro’sApps.

  4. Notice To The User: This Is A Legally Binding Agreement. If You Do Not UnderstandThis Agreement, Or Do Not Agree To Be Bound By It Or The Privacy Policy ReferencedHerein, You Must Immediately Leave The Google Play Store And You Are Not Authorized ToUse Or Access Any Of The Services. Depending On The Laws Of The Jurisdiction WhereYou Live, You May Have Certain Rights That Cannot Be Waived Through This AgreementAnd That Are In Addition To The Terms Of This Agreement And Certain Provisions Of ThisAgreementMightBeUnenforceableAsToYou.ToTheExtentThatAnyTermOrConditionOf This Agreement Is Unenforceable, The Remainder Of The Agreement Shall Remain InFull Force And Effect. You Hereby Confirm That You Are At Least 13 Years Old (Or If YouAreUnder13YearsOld,ThatYouAreUsingTheGoogle PlayStoreOnlyWithTheApprovalOf Your Parent Or Legal Guardian), That You Are Legally Able To Enter Into ThisAgreement,AndThatYouHaveCompletelyRead,UnderstoodAndAgreeToBeBoundByThisAgreement.PleaseBeAwareThat,InOrderToUseGoogle PlayStoreYouMustHaveAValidGoogleAccount,SubjectToTheFollowingAgeRestrictionsAndAlsoYouMustComplyWithAny Additional Age Restrictions That May Apply For The Use Of Specific Content OrFeaturesOn

  5. Notice To Parents And Legal Guardians: By Granting Your Child Approval To Download,Install,Use,Access,In-AppPurchaseTheSmart Solutions ProApps,You HerebyAgreeToTheTerms Of This Agreement On Behalf Of Your Child. You Are Responsible For ExercisingSupervision Over Your Child's Any Online And Off-Line Activities. If You Do Not Agree ToThisAgreement,PleaseDoNotLetYourChildUseThe Smart Solutions ProAppsOrAssociatedFeatures.If You Are The Parent Or Legal Guardian Of A Child Under 13 And Believe That He Or SheIs Using The Smart Solutions Pro Apps Without Your Prior Approval, Please Contact Us At smartprostudio01@gmail.com.

 

 

 

 

 

 

 

 

 

 

2.  PARTIES

  1. This Agreement is concluded between Smart Solutions Pro and you, as the User, who downloadedand/orinstalledthroughtheGoogle PlayStoreandexecutedandmutuallyenteredintoforceupontheonlineapprovaloftheUser.

  2. By downloading and/or installing the Smart Solutions Pro App through the Google Play Store, the Useragrees,undertakes,andrepresentsthathe/shehasreadalltheTermsherein,understoodallthecontents,andapprovedallprovisions.

 

3.  SMART SOLUTIONS PRO CONTACT INFORMATION

Company Name: Smart Solutions Pro

Address: Street 31, Barsha-1, Dubai.

E-mail: smartprostudio01@gmail.com

 

4.  GRANT OF LICENSE

  1. SubjecttoyourcompliancewiththeTermsoftheAgreement,Smart Solutions Prograntsyoualimited,non-exclusive,revocable,non-sublicensable,non-transferablelicensetoaccess,download,and install the most current generally available version of the Smart Solutions Pro App on a single,authorizedmobiledevicethatyouownorcontrolsolelyforyourlawful,personal,asan end-user,andnon-commercialuse.

  2. For the avoidance of doubt, Smart Solutions Pro Apps are protected by copyright laws and internationalcopyright treaties, as well as other intellectual laws and treaties. Smart Solutions Pro is the exclusive ownerof any software, design, source code, target code, directory, image, or content available onSmart Solutions ProApps.Smart Solutions ProreservesallrightsnotexpresslygrantedtotheUseraspertheprovisionsofArticle 11, hereunder. Having said that, Smart Solutions Pro retains the ownership of the copyright in and to the Smart Solutions Pro Apps. The User cannot duplicate, copy distribute, or process theadvertisements, images and texts, visual and audio images, files, databases, catalogs, andlists available on Smart Solutions Pro Apps nor rent, lease or lend the Smart Solutions Pro Apps to anyone andpermanently transfer all of his/her rights under this Agreement. Smart Solutions Pro Holds no responsibilityfor the results of using the Smart Solutions Pro Apps acquired illegally or through an unauthorizeddistributor.

4.3 Non-Premium User Restrictions: The images generated by Imagine are copyrighted and protected by intellectual property laws. Non-premium users are strictly prohibited from using, reproducing, distributing, modifying, or exploiting the generated images for any commercial or non-commercial purposes. The rights to the generated images exclusively belong to Smart Solutions Pro. Any unauthorized use or infringement of these copyrighted images may result in legal action.

 

5.  DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

  1. Restricted Use: While using Smart Solutions Pro Apps, Users declare and undertake not to engage inactions that are contrary to the law and morality or that may damage the opportunity tobenefit from the Services including but not limited to the items exemplified below. Smart Solutions Proshallnotassumeanyresponsibilityand/orindemnificationliabilityfordamagesarisingfromany breach of this article. If the User acts in breach of this article, Smart Solutions Pro shall reserve the right to terminate this Agreement under Article 14, to block the User'saccess to Smart Solutions Pro Apps either for a certain period or indefinitely. Furthermore, Smart Solutions Proreservestherighttoresorttocivillawandcriminallawremedies.

  2. The User shall not rent, sell, lease, sublicense, distribute, assign, copy (other than asingle copy for your backup purposes), or in any way transfer or grant any rights to theSmart Solutions ProAppsoruseSmart Solutions ProAppsforthebenefitofanythirdparty.UnlessexpresslyauthorizedbySmart Solutions Pro, the User is prohibited from making the Smart Solutions Pro Apps available over a network where it couldbe downloaded or used by multiple users. User agrees that he/she shall not use any robot,spider, other automatic or manual device or process to interfere or attempt to interfere withthe proper working of the Smart Solutions Pro Apps, except to uninstall or remove the Smart Solutions Pro Apps from amobile device which the User owns or controls. Users shall not deliver unlawful informationand/or share harmful data such as chain mail, malware, or viruses, The User shall not violate orattempt to violate the security of Services except as and only to the extent permitted in thisAgreement and by applicable law. Users shall not engage in behaviors and activities that will adversely affect/obstruct or manipulate the operation of Smart Solutions Pro Apps, disable security systemsandmaketheSmart Solutions ProAppsunusableormakeanattemptinthismannerbypreparing automaticprograms.

  3. Users cannot copy, adapt, translate, decompile, reverse engineer, disassemble, modify,recode or create derivative works of the Smart Solutions Pro Apps or advertise the Smart Solutions Pro Apps in any form.Users shall not access, create or modify the source code of any Smart Solutions Pro Apps in any way. Userdoes not have the right to and may not create derivative works of any the Smart Solutions Pro Apps or anyportions thereof. All modifications or enhancements to the Smart Solutions Pro Apps remain the soleproperty of Smart Solutions Pro. User agrees and undertakes or engage in any other act to find, obtain orcopy the source code of Smart Solutions Pro Apps, shall not in any way try and synchronize Smart Solutions Pro Apps withother software or hardware, shall not violate the security of any computer network, shall nothack security passwords and codes, shall not attempt to deliver SPAM mail or uploadmalware,otherwiseagrees,declaresandundertakestoassumetheliabilityforanydamagesofSmart Solutions Proandthirdparties.

  4. Smart Solutions Pro may restrict or terminate the access to Smart Solutions Pro Apps at any time and without givinganyfurthernoticeincasetheoperatingsecurityofthenetworkisatrisk,toensurethe continuity of access to the network, to prevent malfunctions that may occur in network,software or uploaded files, to prevent or reduce the adverse effects of possible disruptionsandinothercasesdeemednecessary.

 

  1. Updates: Smart Solutions Pro reserves the right to add or remove features or functions to the existing Smart Solutions Pro Apps. When installed on the User's mobile device, Smart Solutions Pro periodically communicates with our servers. Smart Solutions Pro may require the updating of the Smart Solutions Pro Apps on User's mobile device when Smart Solutions Pro releases a new version of the Smart Solutions Pro Apps, or when Smart Solutions Pro makes new features available. This update may occur automatically or upon prior notice to User and may occur all at once or over multiple sessions. The user understands that Smart Solutions Pro may require User's review and acceptance of Smart Solutions Pro's then-current Agreement before User will be permitted to use any subsequent versions of the Smart Solutions Pro Apps. User acknowledges and agrees that any obligation Smart Solutions Pro may have to support previous versions of the Smart Solutions Pro Apps may be ended upon the availability of updates, supplements or subsequent versions of the Smart Solutions Pro Apps. User acknowledges and agrees that Smart Solutions Pro has no obligation to make available to User any updates, supplements or subsequent versions of the Smart Solutions Pro Apps. Please be aware that such updates may be necessary for you to use the Google Play Store or to access, download or use content. By agreeing to these Terms and using the Google Play Store, you agree to receive such updates automatically. You may be able to manage updates to certain content via settings in the Google Play Store. If it is determined, however, that the update will fix a critical security vulnerability related to the content, the update may be completed irrespective of your update settings in the Google Play Store or your device. If another app store attempts to update content that was initially downloaded from the Google Play Store, you may receive a warning or such updates may be prevented entirely. Access; The User must provide at his/her expense the equipment, internet connections, devices, and service plans to access and use the Smart Solutions Pro Apps. If the User accesses the Smart Solutions Pro Apps through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. The User is solely responsible for any costs you incur to access the Smart Solutions Pro App from his/her device. Downloading, installing, or using certain Smart Solutions Pro Apps may be prohibited or restricted by your network provider, and not all the Smart Solutions Pro Apps may work with your network provider or device. Smart Solutions Pro makes no representation that the Smart Solutions Pro Apps can be accessed on all devices or wireless service plans. Smart Solutions Pro makes no representation that the Smart Solutions Pro Apps are available in all languages or that the Smart Solutions Pro Apps are appropriate or available for use in any particular location. Please also be aware that you must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any User of Google Play Store or of any User of other Google Services via Google Play Store, including account names.

 

  1. Certain Smart Solutions Pro Apps are available for purchase from a mobile platform owner (e.g. Google Play ) and/or will allow the User to make in-app purchases. Payment for such purchases may be processed by third parties who act on behalf of Smart Solutions Pro or directly by the mobile platform owner. In some countries there are specific periods to cancel online purchases after purchasing them provided by law (European Union residents etc). For these countries, consumers may have a right to cancel in a specific number of days after purchasing products/services online provided by law. Therefore, your right to cancel in-app purchases will rely on the country you reside in. Since payment processes of certain purchases on Smart Solutions Pro Apps will be conducted by the mobile platform owner, failure to follow certain local laws regulating the right to cancel will be subject to mobile platform owners' terms. Please also review the mobile platform owner's terms in this regard before purchasing. You can find further information on canceling orders and any associated refunds on the website of the third-party re-seller from whom you purchased the app (the Google Play Store). Where you purchase from Smart Solutions Pro directly: please note and acknowledge that if you are a resident of the European Union and download the Smart Solutions Pro Apps from Smart Solutions Pro directly, you agree to waive your cancellation and refund right once the download of the app or the relevant purchase is made. Please note that if you are not a resident of the European Union and if your local laws do not regulate mandatory laws, you have no right to cancel purchases you made if you download Smart Solutions Pro Apps from Smart Solutions Pro directly. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the app is complete. This will also apply to subscriptions and in-app purchases. In this regard, please also take into consideration the provisions of Article 13 of the Agreement.

  2. Once the Smart Solutions Pro Apps are available to you through your account, you are required to check the content as soon as reasonably possible to ensure that the Smart Solutions Pro Apps function and perform as stated and notify us or the Google Play Store as soon as reasonably possible provided that you find any errors or defect.

5.8. Without prejudice to any other rights, Smart Solutions Pro may terminate this Agreement if User fails to comply with the terms of this Agreement and other documents, referred to herein. In such an event, the User must uninstall or remove the Smart Solutions Pro Apps. In this regard, please also take into consideration the provisions of Article 14 of the Agreement.

 

6.  THIRD-PARTY PARTNERS

  1. The Smart Solutions Pro Apps allow you to enjoy various features, functionalities, and other Services,which may change from time to time. The Smart Solutions Pro Apps Functions are provided by the Smart Solutions Pro and third-partysupplierswhooffercontentand/orservicesinconjunctionwithorthroughtheSmart Solutions ProApps.

  2. Third-Party Services and Content: The Smart Solutions Pro Apps may integrate, be integrated into,bundled, or be provided in connection with third-party services, advertising, feeds, and/orcontent.IftheUserisinstallingtheSmart Solutions ProAppthatincludesthird-partyservicesandthird-partycontent, such services and content are subject to such third party's terms of services andprivacy policies, which might be found on the relevant Third-Party Partners' website. Pleasekeep in my mind that Smart Solutions Pro has no control over such websites and resources, and theUser acknowledges and agrees that Smart Solutions Pro shall not be responsible or liable, directly orindirectly, for any damage or loss caused or alleged to be caused by or in connection withuseofrelianceonanysuchContent,goodsorservicesavailableonorthroughanysuch website or resource. Having said that, Smart Solutions Pro shall not be a party to or in any way beresponsibleformonitoringanytransactionbetweentheUserandtheThird-PartyPartners.

  3. Access to the Third Party Services and Content via the Smart Solutions Pro Apps: All services,advertising, feeds, and content, including without limitation, all data, links, articles, graphic orvideomessages,andallinformation,text,software,music,sound,graphicsorothermaterialsmade available or accessible via the Smart Solutions Pro Apps, whether publicly available or privatelytransmitted, is the sole responsibility of the entity or person from whom it originated. You, asthe User, hereby acknowledge and agree that by using the Smart Solutions Pro Apps you may be exposedto Content that may be offensive, indecent, or objectionable in your community. You agree toaccept all risks associated with the use of any Content, including any reliance on theaccuracy or completeness of such Content. Under no circumstances will Smart Solutions Pro be liable inany way for any Content created by or originating with entities other than Smart Solutions Pro, including butnot limited to, any errors or omissions in any such Content, or for loss or damage of any kindincurredasaconsequenceofthetransmission,sharingorpostingofsuchContentbymeansofSmart Solutions ProApp.

 

7.  SECURITY

  1. The Smart Solutions Pro Apps, like other User technologies in the relevant market, may not be 100%secure. By accepting this Agreement, you acknowledge and accept that the Smart Solutions Pro Apps andany information you download or offer to share by means of a Smart Solutions Pro App may be exposedtounauthorizedaccess,interception,corruption,damage,ormisuseandcannotberegardedas100%secure.

  2. You accept all responsibility for such security risks and any damage resulting therefrom.Further, you aresolely responsiblefor securingyour mobiledevice fromunauthorizedaccess or cyber-attacks, including by such means as using complex password protection.YouagreethattheSmart Solutions Proshallnotbeliableforanyunauthorizedaccesstoyourmobiledeviceortheappdatathereon.

  3. In regard to malware protection, Google Play Store may receive information regardingyourdevice'snetworkconnections,potentiallyharmfulURLs,theoperatingsystem,andappsinstalled on your device through Google Play Store or from other sources in order to protectyou against malicious third-party software, URLs and other security issues. Besides, Google Play Storemay warn you if it considers an app or URL to be unsafe, or Google Play Store may remove or blockitsinstallationonyourdeviceifitisknowntobeharmfultodevices,data,orUsers.Youmay choose to disable some of these protections in the settings on your device,nevertheless, Google Pla Store may continue to receive information about installed throughGoogle Play Store, and apps installed on your device from other sources may continue to beanalyzedforsecurityissueswithoutsendinginformationtoGoogle PlayStore.

 

8.  REGISTRATION AND PASSWORDS

  1. Registration: Most of the Smart Solutions Pro Apps will not require a registration, nevertheless, some ofthe Smart Solutions Pro Apps may permit or require you to create an account to participate or accessadditional features or functionalities. If such Registration is required, it will be made known toyouwhenyouattempttoparticipateoraccesssuchadditionalfeaturesorfunctionalities.Anyregistration required by Third-Party Partners is not governed by this Agreement and youshould refer to the relevant Third-Party Partners' website for their policies.

  2. Passwords:You are the sole and exclusive guardian of any password and ID combination issued orchosen by you. Maintaining the confidentiality and security of your password(s) and ID(s) issolelyyourresponsibility.Youarefullyresponsibleforalltransactionsundertakenbymeans of any account opened, held, accessed, or used via your password and ID. You shall notifyus immediately and confirm in writing any unauthorized use of accounts or any breach ofsecurity, including without limitation any loss, theft, leak, or unauthorized use of yourpassword(s),and/orID(s)oranyrelatedaccount.Ifwehavereasonablegroundstosuspectthat the security of your password and/or ID has been compromised, we may suspend orterminateyouraccount,refuseanycurrentor future use of the services, and pursue any appropriate legal remedies. We shall not beresponsibleforanylossesincurredinconnectionwithanymisuseofanypasswordorID.

8.3. Provided Information: If you provide any information in connection with a Registration, you are required to provide or maintain accurate, complete, and current information. If we have reasonable grounds to suspect that your information is inaccurate, not current, or not complete, we may suspend or terminate your use of the Smart Solutions Pro App and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of the Smart Solutions Pro App and our services, as per the Privacy Policy incorporated hereunder Annex- I.

 

9.  UNINSTALL AND REMOVE THE SMART SOLUTIONS PRO APPS

Uninstallation and removal procedures vary depending on your device. To uninstall and remove the Smart Solutions Pro Apps, please use the application manager provided with your device or consult your device manual for further reference.

 

 

10.  CONSENT TO USE OF DATA AND USER REVIEWS

  1. You agree that we may collect and use technical data and related information,including but not limited to technical information about your device, system, and applicationsoftware and peripherals, that is gathered periodically to facilitate the provision of softwareupdates,productsupport,andotherservicestoyou(ifany)relatedtotheSmart Solutions ProApps.WemayusethisinformationasperthePrivacyPolicyincorporatedherein.

  2. IfyouchoosetoprovidePlayStorereviewsorreviewsviaanysocialmediachannelorother similar communication or messaging features or services, such information may bemade publicly available, including the public-facing username as it appears with the review.If you prefer that we do not use promotional purposes, you will be able to elect for us not todo so by submitting your request at(please also indicate your name,mailing address, and email address). For security purposes, please do not include anypassword, social security number, national ID number, payment card or other sensitiveinformation via these features. We have the right, but not the obligation, to monitormessages and communications between and among Users for security and trainingpurposes.Wemay,butarenotobligatedto,removeanycontentwedeeminappropriate.

  3. IfyoudownloadtheSmart Solutions ProAppsthroughGoogle PlayStore,pleasebeawarethat postingGoogle PlayStoreshallbesubjectedtoGoogle PlayStorerelevantpolicies.

 

11. INTELLECTUAL PROPERTY RIGHTS

  1. Smart Solutions Pro is the sole proprietor of products and/or Services, projects, and documents used atthe Smart Solutions Pro Apps in connection with the Services and visuals, texts, bulletins, slogans, videos,designs, and know-how and any business data, illustrations, database, system flow data,logo, emblem, and data, ideas or the Smart Solutions Pro trademarks and trade dressing, flows, sourcecodes, researches, codes, methods, statistical figures and financial and moral rights and allother intellectual property rights during preparations for the Agreement and during its termforthesupplyoftheServices.Accordingly,theUseragreesandrepresentsthathe/sheshall notcommitanyreverseengineeringorattempttofindoracquirethesourcecodeoftheSmart Solutions ProApps nor shall it violate the security of any network or crack security encryption codes; itshallnotsendSPAMemailsorloadmalicioussoftware;thatotherwisetheUsershallbeliableforalllossesthatSmart Solutions Proandthirdpartiesmaysustain.

  2. For the avoidance of doubt, intellectual property rights means, collectively, rightsunderpatent,trademark,copyright,andtradesecretlawsandanyotherintellectualpropertyor proprietary rights recognized in any country or jurisdiction worldwide, including, withoutlimitation, moral or similar rights. The User may not delete, alter or remove any copyright,trademark or other proprietary rights notice the Smart Solutions Pro or Third-Party Partners have placed onorwithintheSmart Solutions ProApps.Pleasebeawarethatallrightsnotexpresslygrantedhereunderareexpressly reserved to the Smart Solutions Pro and its licensors. Nothing contained herein should beconstrued as granting, by implication, estoppel, or otherwise, any license or right to use anyofourtradenames,trademarks,orservicemarkswithoutourexpresspriorwrittenconsent.

  3. UnlessotherwiseagreedbetweenSmart Solutions ProandtheUserregardinganyintellectualproperty rights arising from any Service prepared and provided to the User by Smart Solutions Pro, Smart Solutions Proshall grant the right to use the related Services which shall be worldwide, indefinite andexclusive. In any case, Smart Solutions Pro has the right to determine the ownership of the aforesaidintellectualpropertyrightsanditsusage.However,ifSmart Solutions ProsuggestsdifferentconditionsotherthantheprovisionsinthisclauseofthisAgreement,itshouldnotifytheUseruntiltheServiceisusedoruntilthecommencementoftheoperationsfortheService.

  4. The User is solely responsible for any content that he/she contributes, submits,displays,orforanyadaptationsofworksmadeonorthroughuseoftheSmart Solutions ProApps.The User should ensure such content, including photos, texts, documents, videos, andmusic files, does not violate any copyright or other intellectual property rights.

  5. Smart Solutions Prorespects and expects its Users to respect the rights of copyright holders. On notice, Smart Solutions Prowill act appropriately to remove content that infringes the copyright rights of others. Smart Solutions Proreserves the right to disable access to the Smart Solutions Pro Apps or other services by anyone whousesthemtorepeatedlyinfringetheintellectualpropertyrightsofothers.

  6. Smart Solutions Pro also acts to remove objectionable content. The decision to remove objectionablecontent shall be made at Smart Solutions Pro's sole discretion. Objectionable content includes, but is notlimited to: content that is unlawful, harmful, threatening, abusive, harassing, tortuous,defamatoryorlibelous;contentthatishatefuloradvocatesthehatecrimes,hatespeechandall types of discrimination, harm or violence against a person, group or minority; content thatmay harm minors in any way; content that has the aim or effect of stalking or otherwiseharassing or bullying another; private information regarding any individual such as phonenumbers, addresses, national ID numbers, Social Security numbers or any other informationthat is invasive of another's privacy; content that is vulgar, offensive, discriminative, obsceneor pornographic, unsolicited or unauthorized advertising, promotional materials, junk mail,SPAM, chainletters,pyramidschemesor anyotherformofsolicitation; materialthatcontains software viruses or any kind of malicious software or any other computer code, filesor programs designed to interrupt, destroy or limit the functionality of any computer or mobiledevicesoftwareorhardwareortelecommunicationsequipment.

  7. Smart Solutions Pro does not and cannot pre-screen or monitor all content. Nevertheless, ourrepresentatives may monitor content submission through the Smart Solutions Pro Apps, and you herebyprovide irrevocable consent to such monitoring. The User acknowledges and agrees thathe/shehasnoexpectationofprivacyconcerningthesubmissionofanycontent.Smart Solutions Prohasthe right,butnottheobligation,initssolediscretiontoedit,modify,andrefusetopostorremoveanycontent.

 

  1. Unlessotherwisesetforthatthepointofsubmission,youretainownershipofallrights in any content that you submit, through your use of the Smart Solutions Pro Apps. Nevertheless, you permit ustousesuchcontentinanywayweseefit,forexampleforpromotion of the Smart Solutions Pro Apps. If you send submissions, such as creative suggestions,ideas, notes, drawings, or other information, to Smart Solutions Pro, such submissions shall be deemed and shallremaintheproperty of Smart Solutions Pro. None of such submissions shall be subject to any obligationof confidence on the part of Smart Solutions Pro and Smart Solutions Pro shall not be liable for any use or disclosure ofany

submissions. Without limitation of the foregoing, Smart Solutions Pro shall exclusively own all known or hereafter existing rights to such submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of such submissions for any purpose whatsoever, without compensation to the content provider of such submissions. For the avoidance of doubt, you hereby assign to Smart Solutions Pro all rights, title, and interest in and to such submissions and hereby waive any moral rights relating to such submissions in favor of Smart Solutions Pro and its assignees, licensees and designees. Under law systems that do not let the waiver of such moral rights, you hereby acknowledge, declare, and undertake that; with this Agreement, you authorize Smart Solutions Pro to use moral rights and authorization to authorize third parties to use such moral rights, indefinitely (in a way that it will continue even after if this Agreement is terminated), unlimited in number and subject, globally (internationally) applicable without any geographical limitations, transferable, sublicensable, irrevocably, free of charge, exclusively, and unconditionally in favor of Smart Solutions Pro and its assignees, licensees and designees.

  1. The User may not use the Google Play Store or any content or the Smart Solutions Pro Apps in conjunctionwithanystream-ripping,streamcapture,orsimilarsoftwaretorecordorcreateacopyofanycontent or additional in-app features that are presented to you in streaming format, if any.Besides, the User may not remove any watermarks, labels, or other legal or proprietarynotices included in any content or additional in-app features or attempt to modify anycontent obtained through the Google Play Store, including modification to disguise or changeanyindicationsoftheownershiporsourceofcontentand/ortheSmart Solutions ProApps.

  2. Smart Solutions Pro shall be entitled to terminate the User's access to the Smart Solutions Pro Apps if, underappropriatecircumstancesinlinewithaforesaidprovisions,theUserisdeterminedtobearepeatinfringer.

 

12.  RIGHTS INFRINGEMENTS

Smart Solutions Pro attaches great importance to confidentiality, and intellectual property rights including copyrights and personal data; and takes care to be transparent about them. While using Smart Solutions Pro Apps, Users declare and undertake to use Smart Solutions Pro Apps following the principles in this Terms of Use and other texts provided to you by Smart Solutions Pro. Users shall only upload materials they produce or are authorized to use to Smart Solutions Pro Apps. Users declare and undertake to not infringe any rights of other Users under this Terms of Use.

 

13.  IN-APP PURCHASE AND PAYMENT

  1. The release and distribution of the Smart Solutions Pro Apps will take place in the global marketthroughtheGoogle PlayStore.TheSmart Solutions ProAppswillneverthelessoffercertainfeaturesand certainlimitstotheUserasapaidfeaturethroughin-apppurchases.IftheUserwouldliketouse such paid features under this Agreement, you will first need to make payment beforeaccessingthepaidfeature.

  2. Such in-app purchase features are offered on an annual, semi-annual, quarterly,monthly,orweeklybasisandwillbere-billedeveryyearormonthbytheGoogle PlayStore,depending upon the auto-renewable subscription model, until canceled by the User. The Google Play Store will send an email well in advance of renewal containing a hyperlink to managesubscriptionprocedure.AppPaymentswillbeprocessedthroughtheGoogle PlayStorefromwhich you originally downloaded the application. You may access the applicable in-apppurchaserulesandpoliciesdirectlyfromtheGoogle PlayStore.Youacknowledgeandagreethat you are fully responsible for managing your in-app purchases and the amount youspendonin-apppurchaseswithintheSmart Solutions ProApps.

  3. Please be aware that, to purchase content or the Smart Solutions Pro Apps through the Google PlayStore, you are required to have a Google Play Payments account and agree to the Google PlayPayments Terms and Terms of Service. The Google Play Payments Privacy Notice applieswhenever you purchase content using a Google Play Payments account. You are responsible forall amounts payable associated with purchases made through the Google Play Store on your GooglePayments account. Besides, Google may make available to you various payment processingmethodsinadditiontoGoogle PlayPaymentstofacilitatethepurchaseofcontentortheSmart Solutions ProAppsthrough the Google Play Store. You are required to abide by any relevant terms and conditions orother legal agreement, whether with Google Play or a third party, that governs your use of a givenpayment processing method. Google Play may add or remove payment processing methods at itssole discretion. You are solely responsible for all amounts payable associated withpurchasesyoumakeonGoogle PlayStore.

  4. To determine your eligibility to have purchases of content or the Smart Solutions Pro Apps that you make through your devicesbilled to your networkprovider's account, when you createaGoogle Play Storeaccountonadevice,TheGoogle PlayStoreshallsendidentifiersofyourdevicetoyournetwork provider. To permit this you shall need to accept the network provider's terms ofservice. The network provider may send us your billing address information. The Google Play Storeholds and uses this information as per Google Play’s Privacy Policies and Google Play Payments PrivacyNotice.

  5. If you are under 13 then you are legally required to have your parents' or legalguardians' permission to make any in-app purchases. By completing an in-app purchase,you are confirming to us that you have any permission that may be necessary to allow you to make that in-app purchase. If you are a parent or legal guardian ofsomeoneundertheageof13,werecommendthatyouconsideranyparentalcontrolthatmaybeprovidedbytheGoogle PlayStore,providedthatyouareconcernedthatyourchildmaymakeexcessivein-apppurchases.

  6. The in-app purchases are purchased from and billed by the Google Play Store notSmart Solutions Pro. These purchases are subject to the terms and conditions of the Google Play Store. All billingandrefundinquiriesshallbedirectedtotheGoogle PlayStore.Havingsaidthat,Smart Solutions ProdoesnothaveaccesstotheGoogle PlayStoreandtransactions.

  7. If any in-app purchase is not successfully downloaded or does not work once it hasbeensuccessfullydownloaded,wewill,afterbecomingawareoffaultorbeingnotifiedofthefault by you, investigate the reason for the fault. We will act reasonably in deciding whetherto provide you with a replacement in-app purchase or issue you with a patch to repair thefault. In no event, we will charge you anything further to replace or repair the in-apppurchase.Intheunlikelyeventthatweareunabletoreplaceorrepairtherelevantin-app purchase or are unable to do so within a reasonable period and without significantinconveniencetoyou,wewillauthorizetheStoretorefundyouanamountuptothe cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, youmaydosobycontactingtheGoogle PlayStoredirectly.

  8. You acknowledge and agree that all billing and transaction processes are handled bythe Google Play Store from whose platform you downloaded the Smart Solutions Pro Apps and governed bythe Google Play Store terms and conditions/end user license agreement. If you have anypayment-relatedissueswithin-apppurchases,thenyouneedtocontacttheGoogle PlayStoredirectly.

 

 

 

 

 

 

14.  TERM AND TERMINATION

 

  1. ThisAgreementshallbecomeeffectiveonthedateitisapprovedandshallremaininforce as long as the User continues to use the Smart Solutions Pro Apps and shall continue to be effectiveandoperativeasbetweenSmart Solutions ProandtheUserlegally.

  2. Smart Solutions PromayunilaterallyterminatethisAgreementwithoutanyobligationofcompensation and further notice under any circumstance where the User acts in breach ofthis Agreement, or any other agreements to be executed or rules applicable to differentservices offered over the Google Play Store in particular, following circumstances: if the Usermanipulatesthe operation of the Smart Solutions Pro Apps by employing any method; if the User acts in breach of theprovisions of this Agreement or any other agreements to be executed over the Google PlayStore if the User commits any act that violates third party rights; if data, contents, visuals,texts and articles shared with the Smart Solutions Pro App, by the User, have an unlawful element or even iftheyarefreeofunlawfulorimmoralelements,postingsuchdata,contents,visuals,texts,andarticlesattheSmart Solutions ProAppforunlawfulorimmoralpurposes.

  3. The User agrees that Smart Solutions Pro shall not be liable to the User or any third- party for anyterminationordisablingoftheSmart Solutions ProApps.PromptlyuponterminationofthisAgreement,theUser must cease all use of the Smart Solutions Pro Apps and uninstall, remove, or destroy all copies of theSmart Solutions Pro Apps in its possession or control. Having said that, termination shall not limit any ofSmart Solutions Pro'sotherrightsorremediesatlaw.

 

15.  INDEMNIFICATION

  1. You agree to indemnify and hold harmless Smart Solutions Pro, its affiliates, and Smart Solutions Pro's and itsaffiliate's officers, directors, licensors, partners, shareholders, licensees, contractors, agents,attorneys, employees, and third party service providers from any claims, liabilities,costs, and expenses, including reasonable attorneys' fees that actually or allegedly resultfromyourinformation,useoftheServicesoryourbreachofthisAgreement.

  2. Youagreeto be solely responsible for defending any Claim against or suffered by any Indemnitee,subject to the relevant Indemnitee's right to participate with counsel of its choosing andfor payment of damages or losses resulting from all claims against any Indemnitee providedthat you will not agree to any settlement that imposes any obligation or liability on anyIndemniteewithoutSmart Solutions Pro'spriorexpresswrittenconsent.

 

16.  WARRANTY DISCLAIMER

16.1 Subject to applicable law, Smart Solutions Pro, on behalf of itself, and its affiliates, licensors, distributors, vendors, agents, and suppliers, expressly disclaims any warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement and any other warranty arising from the relevant legislation.

  1. Without limitation, Smart Solutions Pro makes no warranty that the Smart Solutions Pro Apps will meet yourrequirements, that they will be uninterrupted, timely, secure, or error-free, that the resultsobtained from the use of the Smart Solutions Pro products will be accurate or reliable or that the quality ofthe Smart Solutions Pro Apps will meet your expectations. Smart Solutions Pro assumes no liability or responsibility for anyproperty damage of any nature whatsoever, resulting from your access to and use of theSmart Solutions Pro Apps; any unauthorized access to or use of our secure servers, and/or anypersonalinformationand/orfinancialinformationstoredtherein;anyinterruptionorcessationof transmission to or from the Smart Solutions Pro Apps or servers; any bugs, viruses, Trojan horses or likewhich may be transmitted to or through the Smart Solutions Pro Apps by any third party or any errors oromissions inany contentor forany lossor damageofany kindincurred asa consequenceof the use of any content posted, e-mailed, transmitted or otherwise made available via theSmart Solutions ProApps.

  2. Certain Smart Solutions Pro Apps may allow you to record phone conversations on your Android device.Some local, state, federal, and international laws prohibit the recording of third-party audiowithoutallparties'consenttosuchrecording.Youaresolelyresponsibleforcompliancewithall local, state, federal, or international laws regarding call recording and obtaining anynecessary consent. In no event shall the Smart Solutions Pro be responsible to you or a third party for yourfailure to comply with local, state, federal, or international laws regarding third-party audiorecording.

  3. The entire risk arising out of the use or performance of the Smart Solutions Pro Apps remains solelyyours.Smart Solutions Proexpresslydisclaimsallwarrantiesrelatingtoproductsand/orServicesprovidedby Third Party Partners. This warranty disclaimer constitutes an essential part of thisagreement.

 

17.  LIMITATION OF LIABILITY

  1. To the extent permitted by applicable laws, you expressly understand and agree thatSmart Solutions Pro shallnot beliablefor anydirect,indirect, incidental,special,consequential, orexemplary damages, including but not limited to, damages for loss of profits, goodwill, use,data or other intangible losses, resulting from (i) the use or the inability to use the Smart Solutions ProApps;(ii)unauthorizedaccesstooralterationofyourtransmissionordata;(iii)statementsorconductofanythirdpartyor(iv)anyothermatterrelatingtoSmart Solutions Pro.

  2. In no event shall Smart Solutions Pro's total liability to you for all damages, losses, and causes ofaction (whether in contract or otherwise) exceed the amount paid by you for accessingtheSmart Solutions ProApp.Theforegoinglimitationswillapplyeveniftheabove-statedremedyfailsinitsessentialpurpose.

 

18.  FORCE MAJOR EVENTS AND APPLICABLE LAW

  1. Inallcircumstancesthatconstituteaforcemajoreventinlegalterms,Smart Solutions Proshallnotbeheld liable for its failure to perform its obligations hereunder or to perform them late orincompletely agreed herein. Such failures shall not be considered a default, or incomplete orfaulty performance and no claim of compensation shall be made against Smart Solutions Pro.

  2. Theterm “force major events herein refer to any event that is beyond the reasonable control ofthe affected party and that cannot be avoided despite the reasonable care and diligenceshown by Smart Solutions Pro, including but not limited to God's acts, riots, insurgencies, turmoil, war,communication interruptions, infrastructural and internet network failures, power failures,mobilization, strike, fire, explosion, terrorism, cyber attack, long-term and far-reaching poweroutage,internetoutage,computervirusesandlegislativeamendmentsandadverseweather conditions.

 

 

18.3. The User shall not be able to accrue default interest or claim indemnification from Smart Solutions Pro under any name whatsoever for the delayed, incomplete, or non-performance of any of the provisions in this Agreement due to force majeure events.

 

 

 

19.  ENTIRE AGREEMENT AND SEVERABILITY

  1. TheseTermsconstitutetheentireagreementbetweenyou,astheUser,andSmart Solutions Prorelating to the use of the Smart Solutions Pro Apps and Services and supersedes all prior orcontemporaneousunderstandingsregardingsuchsubjectmatter.

  2. No amendment to or modification of this Agreement will be binding unless in writingand signed by Smart Solutions Pro. The failure of either party to enforce any rights granted hereunder ortakeactionagainsttheotherpartyintheeventofanybreachhereinshallnotbedeemedawaiver by that party as to subsequent enforcement of rights or subsequent actions in theeventoffuturebreaches.

  3. AnytranslationofthisAgreementisdoneforlocalrequirementsandintheeventofa dispute between English and any non-English versions, the English version of thisAgreementshallgoverntotheextentnotprohibitedbylaw.

  4. If any terms or provision of this Agreement is declared void or unenforceable in aparticularsituation,byanyjudicialoradministrativeauthority,thisdeclarationshallnotaffectthe validity or enforceability of the remaining terms and provisions hereof or the validity orenforceabilityoftheoffendingtermorprovisioninanyothersituation.Totheextentpossiblethe provision will be interpreted and enforced to the greatest extent legally permissible to effectuate the original intent and if no such interpretation or enforcement is legallypermissible,shallbedeemedseveredfromtheTerms.

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