SMART STB Terms of Service
All clients are subject to the following terms of service which ensure our responsibility to protect each client and to provide the best services available:
Smart-STB is a product suite incorporating various services (‘The/a Service’) and functions and which belongs exclusively to Smart IPTV Solutions Limited, an International Business Company with registration number 2014159 and incorporated in terms of the International Business Companies Act 2016 of the Republic of Seychelles. The registered address of Smart IPTV Solutions Limited is at Global Gateway 8, Rue de la Perle, Mahe, Republic of Seychelle.
Unless expressly permitted by law or per agreement, you may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Service. You may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the Service. You may not separate the component programs of the Service for use on different computers or sublicense, lease, rent, loan, or distribute the Service to any third party. You may not permit, direct or authorize any third party to take any action with respect to the Service which is inconsistent with the terms set forth herein, and Corporate Clients have to responsibility to ensure that their own clients adhere to this term at all times, and take all actions available in law to terminate such actions immediately, and indemnifies Smart IPTV Solutions Limited entirely against any claims, damages or other actions arising therefrom. Smart IPTV Solutions Limited will be entitled to immediately suspend and/or terminate service provision to the Corporate Client and/or their individual client(s) upon prima facie evidence of breach of this clause being attained.
Smart Software Platform Solution (Pty) Ltd, with registration number 205387811 is an authorised-by-agreement reciprocal partner of Smart IPTV Solutions Limited and the provisions of this agreement equally pertains to all parties entering into an agreement with either of the companies mentioned in this paragraph.
The Service contains valuable intellectual property. You acknowledge and agree that the Service, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Smart IPTV Solutions Limited and its’ suppliers. The Service is licensed and not sold to you, and no title or ownership to such Service or the intellectual property rights embodied therein is granted to you. The Service is the exclusive property of Smart IPTV Solutions Limited and its suppliers, and all rights in and to the Service not expressly granted to you in this Agreement are reserved. Nothing herein will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Smart IPTV Solutions Limited, except to the extent necessary for you to use the Service as expressly permitted herein. You acknowledge and agree that any actual or threatened breach of these terms will constitute immediate, irreparable harm to Smart IPTV Solutions Limited for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation. Corporate Clients have the obligation to ensure adherence hereto by their clients, by incorporation of these terms in their own service provision agreements.
Components from third parties may be accessed or delivered along with the Service as a matter of course and by the nature of the broader industry. The Service is delivered along with certain Service components provided by third parties (“Third Party Service”). Smart IPTV Solutions Limited shall not be responsible for any such Third-Party Service, and have no obligations or rights in respect thereof. Third-Party Services, particularly open source services, may be subject to separate license terms included with, or contained in the setup installation segments of such third-party service. The terms set forth in this herein do not apply to third-party service to the extent they are inconsistent with such third-party service licenses. These terms govern your use of the Service in executable form. You must ensure you have any necessary third-party licenses. Certain functionalities in the Service is intended for use in connection with the media architecture of the device upon which the Service is installed. You are solely responsible for independently investigating and ensuring that the device on which the Service is installed has all necessary third-party licenses as may be necessary for the streaming standards and/or DRM formats utilized by your application or that you otherwise acquire such licenses. Supply of the Service does not convey a license nor imply any right to view or distribute content compliant with such streaming standards and/or DRM formats. Corporate Clients take responsibility for their clients compliance herewith, and undertakes to inform Smart IPTV Solutions Limited immediately in the event of a breach or suspected infringement hereupon, and to suspend and/or terminate the service provision and/or access in respect of the infringing client.
Your privacy is important to Smart IPTV Solutions Limited and we take the matters of protection and security of its users’ information very seriously and will treat any and all such information in accordance with our privacy statement, which is currently posted at https://smart-stb.net/privacy-policy.php (“Privacy Statement”). The Privacy Statement is incorporated into this EULA by this reference. You agree to the use of your data in accordance with Smart IPTV Solutions Limited’s Privacy Statement. Your license to use the Service terminates if you breach these terms. These terms will commence upon your download of the Service and continue in perpetuity unless terminated earlier as provided herein. Your rights to the Service will immediately terminate upon your breach of any of the terms or conditions set forth herein. Upon the termination of your rights to the use of the Service, you will discontinue all use of the Service, promptly destroy or have destroyed the Service and any copies thereof, and, upon request by Smart IPTV Solutions Limited, certify in writing that such destruction has taken place. These remedies are cumulative and in addition to any other remedies which may be available. You are responsible for any damages caused by your breach of these terms. You agree to indemnify and hold Smart IPTV Solutions Limited harmless against any cost, loss or damage arising out of your breach of this agreement including, in particular and without limitation, any use or distribution of the Service outside of the scope of the rights set forth in above or any failure to acquire third party licenses for the streaming standards and/or DRM formats utilized by your application and/or device, as above. If you are using our Services on behalf of a business, that business accepts these terms through you as fully authorized representative. It will hold harmless and indemnify Smart IPTV Solutions Limited and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
The party who created the Smart IPTV Solutions Limited account, whether an individual or Corporate Client and whose account is charged (the “Account Owner” or “Corporate Account Owner”) has access and control over the Smart IPTV Solutions Limited account and the Smart IPTV Solutions Limited ready devices that are used to access our Service and is responsible for any activity that occurs through the Smart IPTV Solutions Limited account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Smart IPTV Solutions Limited ready devices that are used to access the service and not reveal the password or details of the payment method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Smart IPTV Solutions Limited or our partners from identity theft or other fraudulent activity.
At this time we provide 7-days Trials, bill monthly, bill yearly, or bill one-off fee, depending upon the license you have chosen. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits, for any reason whatsoever.
Billing in respect of Corporate Clients and the commensurate settling arrangements take place in terms of the individual agreement recorded in respect of such Corporate Client.
There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
In case of payment disputes, transaction reversals or payment fraud, we reserve the right to block the app from being used for the device the license was intended to.
Cancelations must be requested in no less than 48 hours before the invoice’s due date otherwise further non-refundable changes for the next period may occur.
All accounts are billed according to the dates they were first activated on. If your payment is not cleared in 2 days after due-date, your account will be suspended.
If you do not resume your service in less than 3 months after deactivation, your account will be terminated and all app settings including Portals will be lost. You will receive an email reminder before termination and deactivation.
Upon license suspension we may preserve the data for the license for up to 3 months. However upon license termination all data associated with that license is destroyed.
Billing in respect of Corporate Clients and the commensurate settling arrangements take place in terms of the individual agreement recorded in respect of such Corporate Client.
ACCEPTABLE USE POLICY
All services provided by Smart IPTV Solutions Limited may be used for lawful purposes only. This includes, but is not limited to: viewing and storing copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.
The subscriber and/or Corporate Client agrees to indemnify and hold harmless Smart IPTV Solutions Limited and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.
Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Corporate Clients have the responsibility to ensure their clients are informed forthwith, and Smart IPTV Solutions have no further obligation other than to inform such Corporate Client.
Automatic transferring of license to different devices is limited at 2 transfers per month or 5 per year (whichever comes first) for monthly licenses, 1 per year for yearly license and 1 for the lifetime of Lifetime license.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Corporate Clients specifically indemnifies Smart IPTV Solutions against such claims arising from whatever circumstances.
Subscriber and/or Corporate Client further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized viewing, distribution or copying of copyrighted material or other data, harassment, fraud, trafficking in obscene material, is not permitted on our network.
LIMITATION OF LIABILITY
The Smart IPTV Solutions Limited service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the laws of your country of residence.
Where permitted under the applicable law, you and Smart IPTV Solutions Limited agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and Smart IPTV Solutions Limited agree otherwise, the court may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
Smart STB cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their app was functioning.
You must ensure that all authorised users that access or use the Smart IPTV Solutions Limited Service through the your Smart IPTV Solutions Limited Account, are aware of these Smart IPTV Solutions Limited Terms, agree to these Smart IPTV Solutions Limited Terms, and comply with these Smart IPTV Solutions Limited Terms.
All acts and omissions of authorised users shall be treated as, and also be deemed to be (i) the acts and omissions of the account user whose Smart IPTV Solutions Limited Account they use to access or use the Smart IPTV Solutions Limited Service; and (ii) the acts and omissions of the other authorised users of that Smart IPTV Solutions Limited account. All acts and omissions of the Account Owner shall be treated as, and also be deemed to be, the acts and omissions of the authorised users that access or use the Smart IPTV Solutions Limited Service through the Subscriber’s Smart IPTV Solutions Limited Account. An act or omission includes any breach of these Smart IPTV Solutions Limited Terms. For the purposes hereof, Corporate Clients take full responsibility for their own clients’ conduct.
You must be 18 years of age or older to register for the Smart IPTV Solutions Limited Service and you must not attempt to register for the Smart IPTV Solutions Limited Service if you are not 18 years of age or older.
If the authorised user is younger than 18 years of age, then the authorised user must have the permission of her/ his legal guardian to use the Smart IPTV Solutions Limited Service and to agree to these Smart IPTV Solutions Limited Terms and must only use the Smart IPTV Solutions Limited Service under the supervision of the account owner or another authorised user that is 18 years of age or older.
We may refuse to let you register or use the Smart IPTV Solutions Limited Service in our sole discretion. We may do this even if you complete the registration process and agree to these Smart IPTV Solutions Limited Terms.
We do not need to give you reasons if we do not let you register or use the Smart IPTV Solutions Limited Service.
All information you give us must be truthful, accurate and complete. This also includes the information that we request you to provide in the registration process and at any time after that.
You must tell us if the information you give us changes or if details we have for you change, or if they are incorrect or incomplete. If you do not update us, we will continue to use and rely on the most recent details which you have provided to us.
Whenever a person uses the Smart IPTV Solutions Limited Service, or performs any other act, with your password or through your Smart IPTV Solutions Limited Account or through the use of your user credentials, we will treat this as if it was done by you and with your approval.
You must take all reasonable and appropriate measures not to share, display in public, or make your password, or your user credentials, or your payment details or payment information (for example, details of your bank account or credit card or other payment method) available to any person who is not authorised to have them. You accept that we cannot protect you if you do not do this.
You must notify us immediately by sending us an email at firstname.lastname@example.org if you suspect that another person has obtained unauthorised access to your Smart IPTV Solutions Limited account, or password, or your user credentials, or your payment information or payment details. You must also notify us immediately by sending us an email at email@example.com if you are aware of any unauthorised use of your Smart IPTV Solutions Limited Account, or password or your user credentials, or your payment information or payment details. You will be responsible for changing your privacy settings on your Smart IPTV Solutions Limited Account, your password, your user credentials, and your and payment details as soon as you become aware of any unauthorised access or use.
As far as the law allows, we will not be responsible for any loss or damage you may suffer if any other person uses your password, or your user credentials, or your payment information or payment details without your approval or consent.
In order to access and use the Smart IPTV Solutions Limited Service, your access devices must meet the minimum technical specifications as set out on the Smart IPTV Solutions Limited Website at https://billing.smart-stb.net/index.php/knowledgebase . We will not be responsible for your inability to access the Smart IPTV Solutions Limited Service and due to limitations specific to your access devices.
You, at your own cost, are responsible for obtaining and maintaining the access devices, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, services, products, Service, systems, materials, applications, platforms, and the like, needed to access the internet or to use the Smart IPTV Solutions Limited Service.
If an access device does not belong to you, you confirm and warrant that you have obtained permission from the owner of the access device to download or stream the material onto the relevant access device and to use the access device to receive and access the Smart IPTV Solutions Limited Service.
The quality of the Smart IPTV Solutions Limited Service and functionalities, and your ability to use the Smart IPTV Solutions Limited Service and to stream or download any material, including the time it takes to stream or download material and associated costs, may be affected by various factors, such as your location, the bandwidth available, your access devices and their functionality or capabilities, the speed of your internet connection, the services provided by your service providers, and the communications facilities being used by you.
We make no warranties or representations about the quality of your viewing experience, or the time it takes to stream or download material or functionalities, or the bandwidth or other data that will be required to stream or download material or functionalities or to use the Smart IPTV Solutions Limited Service.
When permitted by law, Smart IPTV Solutions Limited, and Smart IPTV Solutions Limited’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 Smart IPTV Solutions Limited, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount of $1 (One United States Dollar). In all cases, Smart IPTV Solutions Limited, and its suppliers and distributors, will not be liable for any loss or damage that was not reasonably foreseeable in law.
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract. These terms control the relationship between Smart IPTV Solutions Limited and you. They do not create any third party beneficiary rights, with specific reference to Corporate Clients and the indemnities provided herein to Smart IPTV Solutions.
The Smart IPTV Solutions Limited Service may only be used by you in a lawful manner in the way that we specifically intended and for your personal and non-commercial purposes, or in respect of the service provisions agreed with a specific Corporate Client.
The functionalities of the Service that may be available to view will vary across geographic locations and we reserve the right to limit certain functionalities to certain geographic locations.
You must not attempt to access restricted functionalities.
We reserve the right to implement technologies, including geo-blocking technology. This includes any technology that is able to limit, restrict or block any access and/or use by a person of any functionality, product or service based on the geographical location of that person, and other measures in order to verify your geographic location and monitor that you are not accessing restricted functionality from restricted geographic locations.
We may end this agreement and terminate your use of the Smart IPTV Solutions Limited Service and its functionalities and the Smart IPTV Solutions Limited Website immediately at any time in one or more of the following circumstances: where you breach a material provision of these Smart IPTV Solutions Limited Terms, and fail to remedy the breach after we have given you 5 calendar days’ notice (or such shorter period where this is reasonable); where we have reasonable grounds to believe you are engaged in illegal or improper use of the Smart IPTV Solutions Limited Service its’ functionalities; where we must do so to comply with the law; where a court or regulator tells us to do this; or if any provision of these Smart IPTV Solutions Limited Terms, or part of a provision, becomes unenforceable, illegal or invalid.
You must not use the Smart IPTV Solutions Limited Service or its’ functionalities in any way that constitutes a violation of any law (including intellectual property law), or an infringement or misappropriation of our rights (including, without limitation, Intellectual Property Rights), or the rights or Intellectual Property Rights of our licensors or any third party. In these Smart IPTV Solutions Limited terms, “Intellectual Property Rights” include all intellectual property rights of whatsoever nature and however embodied, including (without limitation) copyright, patents, patent rights, designs, design rights, invention rights, database rights, know-how, confidential information, trade secrets, trademarks, trade names, domain names, service marks, goodwill and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world, and including all rights to recover damages for the breach, infringement, or misappropriation of any such Intellectual Property Rights.
You must not reproduce, modify, copy, perform, transmit or commercially exploit the material or functionalities in any manner whatsoever and no part thereof delivered to an access device may be redistributed or copied from that access device.
All Intellectual Property Rights, including all rights, title and interest in and to the Smart IPTV Solutions Limited Service, Smart IPTV Solutions Limited Website and content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.
You will not, at any time, acquire any rights, title, ownership or interest, including any Intellectual Property Rights, in or to the Smart IPTV Solutions Limited Service, the Smart IPTV Solutions Limited Website or the content thereof other than the limited, non-exclusive, non-transferable and revocable licence to use the Smart IPTV Solutions Limited Service in accordance with these Smart IPTV Solutions Limited Terms.
Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
As far as the law allows, the Smart IPTV Solutions Limited Service, Smart IPTV Solutions Limited App and Content are provided on an “as is” basis and without any representation or warranty whatsoever, whether express, implied or statutory (including any implied warranties of reliability, fitness for any particular purpose, or exclusion of errors or inaccuracies).
As far as the law allows, we make no representations and give no warranties that the Smart IPTV Solutions Limited Service or functionalities will be tailored to meet your personal requirements or expectations, be available and accessible at all times, be uninterrupted, error free, secure, or free from destructive code.
As far as the law allows, we and our affiliates will not be responsible to you (and we hereby disclaim all liability) for any loss, liability, injury or damage (whether direct, indirect, incidental, special, punitive or consequential) whatsoever resulting from any: errors, mistakes, or inaccuracies in the functionalities or the Smart IPTV Solutions Limited Service; personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Smart IPTV Solutions Limited Service; any unauthorised access to or use of our technology and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the Smart IPTV Solutions Limited App, the material, functionalities, or technology used by you or us to provide or receive the Smart IPTV Solutions Limited Service or the Content; and/or any destructive code which may be transmitted to or through the Smart IPTV Solutions Limited App, the Smart IPTV Solutions Limited Website, the Smart IPTV Solutions Limited Service or the functionalities.
As far as the law allows, you hereby irrevocably indemnify us and our affiliates and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer as a result of: you infringing or misusing any person’s rights, including Intellectual Property Rights in relation to the Smart IPTV Solutions Limited Service and functionalities; you failing to comply with these Smart IPTV Solutions Limited Terms; and/or any deliberate or unlawful act that you commit or a failure to act. Corporate Clients have the obligation to immediately inform Smart IPTV Solutions upon becoming aware of any circumstances involving their clients and an infringement of the terms of this agreement, and others that may be incorporated in the agreement between such Corporate Client and its clients.
You may not make (and you may not allow any third party to make) any reference to us, the Smart IPTV Solutions Limited Service, the Smart IPTV Solutions Limited App or the functionalities, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by us in relation to you or a third party, or of your services, products, opinions or conduct or those of a third party. 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 Services. We reserve the right, at any time and from time to time, to amend or to modify these Terms and Conditions of Service and/or End User License Agreement without prior notice to you and your continued use, and upon each such instance or entry shall, confirm your acknowledgement and consent regarding such changes. If you do not agree to the modified terms for a Service, you should discontinue your use of the Service.
You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under these Smart IPTV Solutions Limited Terms and we may do so without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, except that we do not need to notify you if we transfer, cede, delegate or assign any or all rights or obligations to an affiliate. We may sub-contract our obligations without your consent and we do not have to inform you if we sub-contract any of our obligations.
These Smart IPTV Solutions Limited Terms shall apply for the benefit of and be binding upon each party’s successors and assigns.
By reading, copying or using the service in any way, or clicking an “accept” or “agree” button, you represent and warrant that: (1) the information you have provided is true and accurate; (2) you are at least 18 years old; (3) if you are entering into this agreement on behalf of a body corporate or other legal entity, you are an authorized representative of such entity with the power and authority to enter into and bind it to this agreement; and (4) you have read this agreement, understand it, and agree to be bound by its terms and conditions.
This page was updated on 4th of January 2023 and replaces the prior version in its entirety