Smart Sport App End User License Agreement

This End User License Agreement (“Agreement”) is between you and Smart Sport and governs use of this app made available through the Apple App Store. By installing the Smart Sport App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Smart Sport App.

In order to ensure Smart Sport provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report” feature by long pressing the message or image to prompt a pop up that will allow you to report the content as abuse.

1. Parties

This Agreement is between you and Smart Sport only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Smart Sport, not Apple, is solely responsible for the Smart Sport App and its content.

2. Privacy

Smart Sport may collect and use information about your usage of the Smart Sport App, including certain types of information from and about your device. Smart Sport may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Smart Sport App.

3. Limited License

Smart Sport grants you a limited, non-exclusive, non-transferable, revocable license to use the Smart Sport App for your personal, non-commercial purposes. You may only use the Smart Sport App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions

By using the Smart Sport App, you represent and warrant that (a) you are 13 years of age or older and you agree to be bound by this Agreement; (b) if you are under 13 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Smart Sport App does not violate any applicable law or regulation. Your access to the Smart Sport App may be terminated without warning if Smart Sport believes, in its sole discretion, that you are under the age of 13 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Smart Sport App, you agree to be bound by this Agreement in respect to your child’s use of the Smart Sport App.

5. Objectionable Content Policy

Content that is submitted will be moderated from the back end and will be removed if it contains Objectionable Content within 24 hours. Additionally, we will act on any Objectionable Content reported by users through the “Report” function. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty

Smart Sport disclaims all warranties about the Smart Sport App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Smart Sport, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support

Smart Sport does provide minimal maintenance or support for the application but not to the extent that any maintenance or support is required by applicable law, Smart Sport, not Apple, shall be obligated to furnish any such maintenance or support.

8. Product Claims

Smart Sport, not Apple, is responsible for addressing any claims by you relating to the Smart Sport App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Smart Sport App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

9. Third Party Intellectual Property Claims

Smart Sport shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Smart Sport App. To the extent Smart Sport is required to provide indemnification by applicable law, Smart Sport, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Smart Sport App or your use of it infringes any third party intellectual property right.

10. Code of Conduct

Smart Sport respects other people’s rights, and expects you to do the same. While using Smart Sport you agree not to:

  1. Express or imply that any statements you make are endorsed by Smart Sport.
  2. Engage in spamming or flooding.
  3. Use Smart Sport for any unlawful purpose.
  4. Use Smart Sport to engage in any act of fraud, misrepresentation or other unethical behavior.
  5. Restrict or inhibit any other visitor, user or member from using the application, including, without limitation, by means of “hacking” or defacing any portion of Smart Sport.
  6. Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property rights; or any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

11. Lucky Draw

Smart Sport Lucky Draw is sponsored by NXVTGroup and is in no way sponsored, endorsed or administered by or associated with Apple.

  1. No purchase necessary to enter lucky draw.
  2. Lucky draw is open to UK residents 18 years and over, with the exception of employees of NXVTGroup and anyone else connected with this promotion.
  3. The user needs to provide their city of residence, address, pin code, gender so their identity can be verified when they collect the prize.