TERMS OF USE AND CONDITIONS

INTRODUCTION

Thanks for choosing Smarters Player (TVPlayers, “XUI Service”, “Smarters” “we,” “us,” “our”). Smarters Player provides an advanced TV Media Player application for the WebOS, Tizen, WhaleOS, and AndroidTV platforms for playing your own content i.e. audio, videos, and streams.

The application Smarters Player is delivered without any content. In addition, no content is provided from the application even after activating it on our website. The information displayed at the beginning includes the MAC address as well as the website so that clients can activate the application once for life. The Smarters Player app has a free trial period once installed on your smart TV to test all the features of the app. The MAC address is essential for the proper functioning of the application. Smarters Player does not provide any content or playlist subscription. The content and subscriptions provided under the Smarters name are frauds. Smarters Player disclaims any responsibility for the use of fraudulent content. The application Smarters Player or its entitlement cannot be held responsible for the quality or interruptions of the content used on Smarters Player , Smarters Player only provides a media player. Smarters Player is designed to be used with users' own created content or created playlists with legal content.

Smarters Player does not endorse the streaming of copyright-protected material without the permission of the copyright holder. We expeditiously act on any copyright complaint and may suspend or terminate your account.

The application Smarters Player does not provide any advertising for content providers or subscriptions and reserves the right to sue anyone who uses our name or logo for advertising purposes.

Note: If you are using a stolen card, your MAC will be banned and its IP address will be reported.

Smarters Player is owned and operated by XUI Service, LLC which reserves the right to restrict access to the app, change its pricing, and modify the terms of use at any time without the consent of its users. It is the user's responsibility to stay up to date with the terms.

By signing up or otherwise using the Smarters Player application, websites, and user interfaces, (collectively, “Smarters Player Application”) that is made available through our Website, Apps Store, or otherwise available to you, you understand and agree you have entered into a binding contract with Smarters Player.

Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, privacy policy, copyright infringement complaint process, disclaimers on the TV applications, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court(s).

You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you must not access and/or use Smarters Player.

Free Trial Period

Our Smarters Player offers a free trial period, allowing customers to explore all the app features and benefits before making a commitment. This trial period is designed to help customers make a confident, well-informed decision about their purchase.

Refund Policy

As part of our commitment to customer satisfaction and transparency, we would like to clarify our refund policy regarding products/services that include a free trial period. Once the free trial period has been started or used and the customer has opted to continue with the paid version, no refund will be granted under any circumstances.

Shipping Policy

Our product is a digital good and you will get access to the product and the features after the payment. Sometimes the payment can be approved within an hour, and if the app is not activated please exit and enter again. If the app is not activated anyway, please fill in the Contact Us form providing the required info.

Duplicated Payments

In the event that the amount of the credit card is deducted more than once, please contact us directly and provide us with the last 4 digits of the credit card that you used to pay through it and the MAC address displayed on your TV screen.

Changes to the Agreements

Occasionally we may make changes to the Agreements. When we make material changes, we may provide notice, e.g., by displaying a prominent notice within the Application or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Smarters Player after the changes have been made will constitute your acceptance of the changes.

Intellectual Property Rights

The Smarters Player is the property of XUI Service. We own exclusive Intellectual Property to our player and any trademarks, patents, copyrights, and proprietary code therewith. We grant you limited, non-exclusive, revocable permission to use the Smarters Player to play your own content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Smarters Player. We may terminate your Access on grounds of any complaint alleging your infringement of intellectual property rights of others.

User-Generated Content

You are solely responsible for all the Content that you play, stream, or access. Smarters Player is not responsible for Content you access nor does it endorse any opinion contained in any Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Smarters Player OR ITS AFFILIATES, RELATED TO USER CONTENT THAT YOU ACCESS, THEN, YOU ARE ONLY SOLELY RESPONSIBLE FOR THE CONTENT YOU ACCESS AND NOT Smarters Player .

Infringement and Reporting User Content

Smarters Player respects the rights of intellectual property owners and acts expeditiously on any complaints relating to copyright violations. If you believe that any Content infringes your intellectual property rights or other rights, please contact Smarters Player .

Service Limitations and Modifications

Smarters Player will make reasonable efforts to keep the Smarters Player Application operational. However, certain technical difficulties, maintenance, or testing may result in temporary interruptions.

Customer Support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the form available on the Contact Us page on our website.

Warranty Disclaimer

The Company is not responsible for, and will not be obligated to be involved in, any disputes that arise between users and between a user and a third party in connection with their use of the Application.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Smarters Player, the Agreements constitute all the terms and conditions agreed upon between you and Smarters Player .

Indemnification

You agree to indemnify and hold Smarters Player harmless from and against all damages, losses, and expenses of any kind arising out of or related to: (1) your breach of the Agreements; (2) any User Content you post or contribute.

Governing Law / Jurisdiction

The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of State Of Palestine, without regard to the choice or conflicts of law principles.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, or in the event that we do not have a physical address on file for you, by e-mail. Smarters Player's email address for Notice is: [email protected]