Smarters Apps Terms and Conditions
1. Agreement and Acceptance
Welcome to Smarters Apps, A Multiple applications developed and operated by WHMCS Smarters & TechSmarters Pvt Ltd (" SMARTERS," "Company," "we," "our," or "us").
By downloading, installing, accessing, or using Smarters Apps ("Application"), you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, you must discontinue use of the Application immediately.
1.1 Updates to These Terms
We may revise or update these Terms from time to time to reflect changes in our services, legal requirements, or business operations. Any updated version will be made available through our website or within the Application. Your continued use of Smarters Apps following any update constitutes acceptance of the revised Terms.
2. Description of the Application
2.1 Media Player Functionality
Smarters Pro is designed solely as a media player application that enables users to access and manage content from sources they independently provide.
The Application does not create, own, host, transmit, distribute, resell, or provide access to any television channels, video streams, media libraries, broadcasts, or copyrighted content.
2.2 No Included Content or Third-Party Services
The Application is delivered without any preloaded content, playlists, channels, media libraries, streaming subscriptions, or IPTV services.
Neither free nor premium versions include third-party content integrations by default. Users are responsible for supplying and managing their own content sources.
TECH SMARTERS does not promote, recommend, verify, or guarantee any external content provider, streaming service, IPTV operator, playlist source, or media distributor.
2.3 User Obligations
By using Smarters Pro, you agree that:
- You will only access content for which you possess the necessary legal rights and permissions.
- You will comply with all applicable copyright, intellectual property, and content distribution laws.
- You will not use the Application for unauthorized access, retransmission, reproduction, or distribution of protected content.
- You assume full responsibility for any content accessed through the Application.
2.4 Independent Relationship
TECH SMARTERS maintains no affiliation, partnership, sponsorship, endorsement, or business relationship with any content provider, broadcaster, IPTV operator, streaming platform, or media distributor unless expressly stated in writing.
The Company has no control over, and assumes no responsibility for, content accessed through third-party sources.
3. Intellectual Property
3.1 Ownership Rights
All rights, title, and interest in and to Smarters Pro, including its software, source code, interface designs, trademarks, logos, graphics, features, and related materials, remain the exclusive property of TECH SMARTERS or its licensors.
Such materials are protected under applicable intellectual property, copyright, trademark, and software protection laws.
3.2 Restrictions on Use
Except where expressly permitted by law, users may not:
- Copy, reproduce, modify, adapt, or create derivative works of the Application.
- Sell, lease, sublicense, redistribute, or commercially exploit any portion of the Application.
- Reverse engineer, decompile, disassemble, or attempt to access the source code.
- Remove or alter proprietary notices, trademarks, or copyright information.
4. Prohibited Activities and Security
4.1 Restricted Conduct
Users are strictly prohibited from using Smarters Apps for activities including, but not limited to:
- Accessing copyrighted content without proper authorization.
- Distributing unlawful, infringing, or pirated media.
- Circumventing technological protection measures implemented by content providers.
- Facilitating unauthorized access to streaming services.
4.2 Security Compliance
Users must not attempt to:
- Bypass security controls incorporated into the Application.
- Interfere with Application functionality.
- Decrypt, intercept, manipulate, or extract protected media streams.
- Use automated tools to exploit vulnerabilities or compromise system integrity.
5. Copyright and Legal Compliance
Smarters Apps is intended to be used only in accordance with applicable laws and regulations.
Users are solely responsible for ensuring that all content accessed, stored, or streamed through the Application complies with relevant copyright and intellectual property laws within their jurisdiction.
This includes compliance with applicable legislation such as:
- Copyright Act, 1957 and Information Technology Act, 2000 (India)
- Digital Millennium Copyright Act (DMCA) (United States)
- Copyright, Designs and Patents Act 1988 (United Kingdom)
- Directive (EU) 2019/790 on Copyright in the Digital Single Market (European Union)
- Copyright Act 1968 (Australia)
- Canadian Copyright Act (Canada)
Unauthorized use, transmission, distribution, or reproduction of copyrighted content may result in civil liability, criminal penalties, regulatory action, or other legal consequences under applicable law.
6. Disclaimer of Warranties
Smarters Apps is provided on an "as available" and "as is" basis.
To the maximum extent permitted by applicable law, TECH SMARTERS disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and uninterrupted operation.
We do not guarantee that the Application will always operate without errors, interruptions, delays, or security vulnerabilities.
7. Limitation of Liability
To the fullest extent permitted by law, TECH SMARTERS, its directors, employees, affiliates, and partners shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from:
- Use or inability to use the Application.
- Content accessed through third-party services.
- Data loss, business interruption, or loss of revenue.
- Unauthorized access to user accounts or information.
- Actions taken by content providers, service operators, or third parties.
Your sole remedy for dissatisfaction with the Application is to discontinue its use.
8. User Content and Indemnification
8.1 Responsibility for User Content
Any content, playlists, media links, credentials, or streaming sources added by users remain the sole responsibility of those users.
TECH SMARTERS does not review, monitor, verify, or approve such content.
8.2 Indemnity
You agree to defend, indemnify, and hold harmless TECH SMARTERS from any claims, losses, liabilities, damages, expenses, or legal costs arising from:
- Your use of the Application.
- Violation of these Terms.
- Copyright infringement claims.
- Unauthorized distribution or streaming of content.
- Violations of applicable laws or regulations.
9. Service Changes and Availability
TECH SMARTERS reserves the right to modify, enhance, restrict, suspend, or discontinue any feature, functionality, or component of the Application at any time without prior notice.
We do not guarantee the continued availability of any particular feature or service.
10. Suspension and Termination
We may suspend, restrict, or terminate access to the Application at our sole discretion where:
- These Terms are violated.
- Fraudulent, unlawful, or harmful activities are detected.
- User activity threatens system integrity, security, or compliance obligations.
Termination may occur without prior notice where permitted by applicable law.
11. Governing Law
These Terms shall be governed and interpreted in accordance with the laws of India.
Any dispute, claim, or legal proceeding arising from these Terms or use of the Application shall be subject to the exclusive jurisdiction of the competent courts of India.
12. Contact Information
For legal inquiries, compliance concerns, or questions regarding these Terms, please contact:
Email: [email protected]
