Last updated: July 25, 2023
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
Definitions
For the purposes of this End-User License Agreement:
- Agreement means this End-User License Agreement that forms the entire agreement between You
and the Company regarding the use of the Application. - Application means the software program provided by the Company downloaded by You through an
Application Store’s account to a Device, named Smash Transfers. - Application Store means the digital distribution service operated and developed by Apple Inc.
(Apple App Store) or Google LLC (Google Play Store) by which the Application has been downloaded to your
Device. - Company (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to
Smash Transfers, 200 South Newman Street, Unit 5, Hackensack, NJ 07601. - Content refers to content such as text, images, or other information that can be posted,
uploaded, linked to, or otherwise made available by You, regardless of the form of that content. - Country refers to: New Jersey, United States
- Device means any device that can access the Application, such as a computer, a cellphone, or a
digital tablet. - Family Sharing / Family Group permits You to share applications downloaded through the
Application Store with other family members by allowing them to view and download each other’s eligible
Applications to their associated Devices. - Third-Party Services means any services or content (including data, information, applications,
and other products services) provided by a third-party that may be displayed, included, or made available by the
Application. - You means the individual accessing or using the Application or the company, or other legal
entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
By clicking the “I Agree” button, downloading, or using the Application, You are agreeing to be bound by the terms
and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree”
button, do not download, or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made
available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is
solely responsible for the Application and its content. Although the Application Store is not a party to this
Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the
Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or
volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this
Agreement.
You represent that you are over the age of 18. The Company does not target its Content to children or teenagers
under 18, and the Company does not permit any user under 18 for using the Application.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use
the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store’s
terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in
accordance with the terms of this Agreement.
License Restrictions
You agree not to, and You will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially
exploit the Application or make the Application available to any third party. - Copy or use the Application for any purpose other than as permitted under the above section ‘License’.
- Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the
Application. - Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company
or its affiliates, partners, suppliers, or the licensors of the Application.
Content
Content Restrictions
The Company is not responsible for the entries, information, or content of the Application’s users.
You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs
under your account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening,
libelous, defamatory, obscene, or otherwise objectionable.
Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race,
sexual orientation, gender, national/ethnic origin, or other targeted groups. - Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters,
any other form of unauthorized solicitation, or any form of lottery or gambling. - Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or
intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment
or to damage or obtain unauthorized access to any data or other information of a third person. - Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right
of publicity, or other rights. - Impersonating any person or entity, including the Company and its employees or representatives.
- Violating the privacy of any third person.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any
Content is appropriate and complies with this Agreement, refuse, or remove any Content. The Company further reserves
the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke
the use of the Application if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Application, you agree to use
the Application at your own risk. You understand that by using the Application, You may be exposed to content that
You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the
Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of your use of any content.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other
intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of
or relating to the Application. To the extent the Company is required to provide indemnification by applicable law,
the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement, and
discharge of any claim that the Application or your use of it infringes any third-party intellectual property rights.
Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions provided by You to the Company with respect to the
Application shall remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any
way without any credit or any compensation to You.
Modifications to the Application
The Company reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or
any service to which it connects, with or without notice and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the features/functionality of the
Application, which may include patches, bug fixes, updates, upgrades, and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company
has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or
functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of
the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Application. To the extent
that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be
obligated to furnish any such maintenance or support.
Third-Party Services
The Application may display, include, or make available third-party content (including data, information,
applications, and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their
accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect
thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person
or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application. Third-party Services
and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk
and subject to such third parties’ Terms and conditions.
Privacy Policy
The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy:
https://smashtransfers.com/privacy-policy
By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our
Privacy Policy.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company.
The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement
with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to
comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and
all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the
Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of
breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents,
partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or
arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c)
violation of any right of a third party.
No Warranties
The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of
any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its
affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of
merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of
course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your
requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or
services, operate without interruption, meet any performance or reliability standards or be error-free, or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or
warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the
information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the
Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company
are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory
rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section 11 shall be applied to the greatest extent enforceable under
applicable law. To the extent any warranty exists under the law that cannot be disclaimed, the Company, not the
Application Store, shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under
any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You for the Application or through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any
special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of
profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising
out of or in any way related to the use of or inability to use the Application, third-party software and/or
third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement),
even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails
of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries, and affiliates, and its licensors
shall not be liable to You under any theory of liability for any direct, indirect, incidental, special, consequential,
or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or
its representatives have been advised of or should have been aware of the possibility of any such losses arising.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and
interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and
the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this
Agreement shall not affect a party’s ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application. To the extent You have any claim arising from
or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any
such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the
Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under
consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government
embargo or that has been designated by the United States government as a “terrorist-supporting” country, and (ii) You
are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a
revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes
a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the
revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
Contact Us
If you have any questions about this Agreement, You can contact us:
- By email: web@smashtransfers.com