Announcements

• New Version of Smarters OTT Application v4.0 for Android has been released out. Click here to more info    • New Web TV Player of Smarters OTT Pro has been released out. Check this out    • New Smarters OTT Pro for Apple TV ( tvOS ) has been released and available to the Apple TV Store. Check this out

TERMS AND CONDITIONS

IMPORTANT NOTICE:-

Smarters OTT Pro is designed to be used with users’ own created content or added playlists with legal content.

Smarters OTT Pro does not endorse the streaming of copyright protected material without permission of the copyright holder. We Expeditiously Act on Any Copyright Complaint And May Suspend Or Terminate Your Account.

Smarters OTT Pro Application only displays the content added by the User and plays the User Content in the player.

Smarters OTT Pro does not provide any content or playlists. Smarters OTT Pro can play extensions such as 3g2, 3gp, 3gp2, 3gpp, amv, asf, avi, divx, drc, dv, f4v, flv, gvi, gxf, webm, wm, wmv, wtv, xesc, m1v, m2v, m2t, m2ts, m4v, mkv, mov, mp2, mp2v, mp4, mp4v, mpe, mpeg, mpeg1, mpeg2, mpeg4, mpg, mpv2, rec, rm, rmvb, tod, ts, tts, vob, vro, Live stream OTT support.

Smarters OTT Pro (hereinafter also termed as “Smarters”) allows the users to load content (local data) from their device or play the playlist available at Xtream Codes API. In addition to this, the users can also load single streams from the URLs they enter in the play a single stream option. Smarters OTT Pro Application means the mobile application available on the Apple Store, Google Play Store and on the web page of the Smarters OTT Pro.

INTRODUCTION

Thanks for choosing Smarters OTT Pro (“ Smarters OTT ”, “Smarters” “we,” “us,” “our”). Smarters OTT provides an advanced OTT player mobile application for the Android and iOS platforms for playing your own content i.e. photos, videos and streams.

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

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 mobile 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 OTT Pro.

In order to use the Smarters OTT Pro and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable or governing laws. You also promise that any registration information that you submit to Smarters OTT Pro is true, accurate, and complete, and you would notify Smarters OTT Pro in case of a change in any information so provided.

CHANGES TO THE AGREEMENTS

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we may provide you with notice as appropriate under the circumstances, 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 OTT Pro after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.

If you do not wish to continue using our Application under the new version of the Agreements, you may terminate your account by contacting us.

Smarters OTT PRO MOBILE APPLICATION

BASIC VERSION

Smarters OTT Pro is available for free and you can only watch your own content i.e. photos, videos and streams without any costs. It is important to note that we do not provide any content whatsoever.
Technical issues could occur in technology products and we may interrupt the access to Smarters OTT Pro for any maintenance or improvements to the player. You may be notified of such upgrades or maintenance by Smarters OTT Pro.

PREMIUM VERSION 

You may purchase our Premium version of Smarters OTT Pro by paying a fee in advance on a monthly basis or some other recurring interval basis disclosed to you prior to your purchase/subscription of Premium version of Smarters OTT Pro. We may change the price for the Premium version from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Subject to applicable law, you accept the new price by continuing to use the Smarters OTT Pro after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

By purchasing or subscribing to the premium version of the Smarters OTT Pro, you will be having the privilege to unlock, access and use following features in addition to the features included in the Basic Version:

  1. Master Search
  2. Ability to add External EPG Sources
  3. Picture-In-Picute Feature
  4. Parental Control
  5. Chrome Casting feature
  6. External Player adding feature
  7. and other features included in the Basic Version.
RENEWAL; CANCELLATION OF PREMIUM VERSION

You hereby understand and agree that your subscription and payment to Smarters OTT Pro for the Premium Version will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by going to the account section within in the mobile application and cancelling the subscription to the Premium version. The cancellation will take effect the day after the last day of the current subscription period. In consonance with industry standards, we do not provide refunds or credits for any partial subscription periods.

INTELLECTUAL PROPERTY RIGHTS

The Smarters OTT Pro is the property of WHMCS Smarters. 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 OTT Pro to play your own content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Smarters OTT Pro. We may terminate your Access on grounds of any complaint alleging your infringement of intellectual property rights of others.

All Smarters OTT Pro’s trademarks, trade names, logos, domain names, and any other features of the Smarters OTT Pro brand (“ Smarters OTT Brand Features”) are the sole property of Smarters OTT Pro or its licensors.

4.1 Copyright and Intellectual Property Rights
  1. The User acknowledges and agrees that Smarters OTT Pro is the sole owner of all copyrights and intellectual property rights regarding Smarters OTT Pro worldwide, regardless of whether or not said copyrights and intellectual property rights are registered in any given region.
  2. All copyrights and intellectual property rights regarding the content created by Smarters OTT Pro in relation to the mobile application are the property of Smarters OTT Pro.
  3. Any copyrights and intellectual property rights for content related to Services that are not created by Smarters OTT Pro and/or are offered/provided by other companies or parties are the property of their respective owners.
  4. The User guarantees that he or she has the requisite copyrights or permission to the content they wish to play using the Smarters OTT Pro mobile application.
  5. The User agrees not to modify, rent, lend, sell, or otherwise alter or distribute any content, nor create any derivative works based on said content, unless they have been explicitly authorized in writing by the respective copyright owner to do so.
  6. The User acknowledges that he or she is solely responsible for protecting and enforcing his or her copyrights for content displayed or viewed through the use of Application, and agrees that Smarters OTT Pro has no obligation or responsibility to protect these rights on behalf of the User.
  7. You agree to abide by these Terms, Privacy Policy and Copyright Infringement Redressal Policy and not to use the Smarters OTT Pro, or any part thereof in any manner not expressly permitted by the Agreements. You must not infringe on intellectual property of our player or any third-party copyrights by playing any content for which you do not have any authorisation.
  8. Smarters OTT Pro shall not be liable for your usage of the player that results into violation of copyrights of any person, company or any entity for merely providing transmission, routing, or providing connections for, content that you seek to play through the Application. Smarters OTT Pro does not seek for you to initiate any stream, access any content etc. It is in your sole discretion that you choose the player to access, load, stream content that you decide to so do.
  9. Except for the rights expressly granted to you in the Agreements, Smarters OTT Pro grants no right, title, or interest to you in the Smarters OTT Pro mobile application.
USER-GENERATED CONTENT

You are solely responsible for all the Content that you play or stream or access. Smarters OTT Pro 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 OTT PRO OR ITS AFFILIATES, RELATED TO USER CONTENT THAT YOU ACCESS, THEN, YOU ARE ONLY SOLELY RESPONSIBLE FOR THE CONTENT YOU ACCESS AND NOT Smarters OTT PRO AND TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Smarters OTT PRO HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

RIGHTS YOU GRANT US
  1. In consideration for the rights granted to you under the Agreements, you grant us the right to allow the Smarters OTT Pro to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Application,
  2. .If you provide feedback, ideas or suggestions to Smarters OTT Pro in connection with the Smarters OTT Application (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Smarters OTT Pro to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
  3. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
USER GUIDELINES

Smarters OTT Pro respects all laws and agreements and intellectual property rights and expects you to do the same. You must follow these rules and should encourage other users to do the same.

The following is not permitted for any reason:

  1. Using the Application for doing anything that is illegal or which may be deemed illegal in the territory where you are using our Application.
  2. Using the Application for watching, streaming, broadcasting, publicly making available, performing, displaying to the public, recording, transferring, reproducing, copying, or redistributing content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) of Smarters OTT Pro, any person or any entity.
  3. Transferring copies of cached third-party Content from an authorized Device to any other Device via any means;
  4. Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Smarters OTT Pro Application or any part thereof except to the extent permitted by applicable law;
  5. Circumventing any technology used by Smarters OTT Pro, its licensors, or any third party to protect the Application;
  6. Selling, renting, sublicensing or leasing of any part of the Smarters OTT Pro Application;
  7. Circumventing any territorial restrictions applied by Smarters OTT Pro or its licensors;
  8. Removing or altering any copyright, trademark, or other intellectual property notices contained on the Application or provided through the Application (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  9. Providing your password to any other person or using any other person’s username and password;
  10. “Crawling” the Smarters OTT Pro Application or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from Smarters OTT Pro or the Smarters OTT Pro Application
  11. Selling a user account or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account or playlist; or
  12. Artificially promoting Content by automated means or otherwise.

Please respect Smarters OTT Pro, the owners of the Content, and other users of the Smarters OTT Pro Application. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Smarters OTT Pro or a third party;
  • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Application;
  • is intended to or does harass or bully other users;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
  • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Smarters OTT Pro;
  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Smarters OTT Pro;
  • interferes with or in any way disrupts the Smarters OTT Pro Application, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Smarters OTT Pro Application, or any of Smarters OTT Pro’s security components, authentication measures or any other protection measures applicable to the Application, or any part thereof; or
  • conflicts with the Agreements, as determined by Smarters OTT Pro.
  • You acknowledge and agree that posting any User Content that violates these User guidelines (or that Smarters OTT Pro reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Smarters OTT Pro account. You also agree that Smarters OTT Pro may reclaim your username for any reason.
  •   Smarters OTT Pro has no responsibility for your choices to view/watch material on the Application or the content you watch on the Smarters OTT Pro Application.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Application. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

INFRINGEMENT AND REPORTING USER CONTENT

Smarters OTT Pro respects the rights of intellectual property owners and acts expeditiously on any complaints relating to copyrights violations. In this regard a specific Copyright Infringement Redressal Policy has been set up which can be accessed here (www.smartersott.app/copyright-complaint). If you believe that any Content infringes your intellectual property rights or other rights, please contact Smarters OTT Pro and notify us through our legal partner, Prodigy Legal LLP, at [email protected] . Smarters OTT Pro may in its sole discretion suspend the account of such users from the Application, or take other steps that Smarters OTT Pro deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Smarters OTT Pro with a request to restore their disabled account, which Smarters OTT Pro may or may not honour, in Smarters OTT Pro sole discretion. For Copyright complaints, please use our copyright complaint policy at www.smartersott.app/copyright-complaint.

Smarters OTT Pro does not store any content accessed by the Users or keep cached files, or has any interaction with the content so posted by the Users. Therefore, the only remedy in cases of a copyright violation for Smarters OTT Pro is the removal of account that accessed such copyrighted content or a warning towards removal of such account whatever Smarters OTT Pro deem fit.

SERVICE LIMITATIONS AND MODIFICATIONS

Smarters OTT Pro will make reasonable efforts to keep the Smarters OTT Pro Application operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Smarters OTT Pro reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Smarters OTT Pro Application, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Smarters OTT Pro Application or any function or feature thereof.

  1. The Company does not guarantee that the data and other information provided through the Software are accurate or will be in compliance with applicable copyright laws, except for data and information that are directly created or prepared by the Company.
  2. The Company is not responsible for any losses or damage incurred to the user due to the installation, use or non-use of the Software except where such losses or damages are caused by the willful misconduct or gross negligence of the Company.
  3. The Company is not responsible for any loss of actual or anticipated profits of the user from their use of the Software.
  4. 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 Smarters OTT Pro Application.
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 form available on the Contact Us page on our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

EXPORT CONTROL

Smarters OTT Pro Application may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of the Smarters OTT Pro Application (including products derived from or based on such technology) received from Smarters OTT Pro under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

TERM AND TERMINATION

The Agreements will continue to apply to you until terminated by either you or Smarters OTT Pro. However, you acknowledge and agree that the perpetual license granted by you in relation to Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Smarters OTT Pro may terminate the Agreements or suspend your access to the Smarters OTT Pro Application at any time, including in the event of your actual or suspected unauthorized use of the Smarters OTT Pro Application, or non-compliance with the Agreements, or if we withdraw the access to Application (in which case we shall provide you with reasonable notice in advance of doing so). If you or Smarters OTT Pro terminate the Agreements, or if Smarters OTT Pro suspends your access to the Smarters OTT Pro Application, you agree that Smarters OTT Pro shall have no liability or responsibility to you, and Smarters OTT Pro will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. This section will be enforced to the extent permissible by applicable law.

Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, and 23 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THE Smarters OTT PRO APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. Smarters OTT PRO AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Smarters OTT PRO DOES NOT WARRANT THAT THE Smarters OTT PRO APPLICATION IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, Smarters OTT PRO MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE Smarters OTT PRO APPLICATION AND Smarters OTT IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM Smarters OTT SHALL CREATE ANY WARRANTY ON BEHALF OF Smarters OTT . THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

LIMITATION AND TIME FOR FILING
  1. The Company does not guarantee that the data and other information provided through the Application are accurate or will be in compliance with applicable copyright laws, except for data and information that are directly created or prepared by the Company.
  2. The Company is not responsible for any losses or damage incurred to the user due to the installation, use or non-use of the Software except where such losses or damages are caused by the willful misconduct or gross negligence of the Company.
  3. The Company is not responsible for any loss of actual or anticipated profits of the user from their use of the Application.
  4. 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.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE Smarters OTT PRO APPLICATION IS TO UNINSTALL THE Smarters OTT PRO APPLICATION AND TO STOP USING THE Smarters OTT PRO APPLICATION. YOU AGREE THAT Smarters OTT PRO HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE OR YOU ACCESS THROUGH OR IN CONNECTION WITH THE Smarters OTT PRO APPLICATION, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO Smarters OTT PRO, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL Smarters OTT PRO, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Smarters OTT PRO APPLICATION, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Smarters OTT PRO HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE Smarters OTT PRO APPLICATION, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO Smarters OTT DURING THE PRIOR TWELVE MONTHS IN QUESTION.

YOU AGREE THAT ANY CLAIM AGAINST Smarters OTT PRO MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (22.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIRD PARTY RIGHTS

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Smarters OTT Pro, and in no event shall the Agreements create any third-party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Smarters OTT Pro only, not with Apple, and Apple is not responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that the Application and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Application. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and Smarters OTT Pro, the Agreements constitute all the terms and conditions agreed upon between you and Smarters OTT Pro and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

SEVERABILITY, WAIVER AND INTERPRETATION
  1. Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
  2. Any failure by Smarters OTT Pro or any third-party beneficiary to enforce the Agreements or any provision thereof shall not waive Smarters OTT Pro or the applicable third-party beneficiary’s right to do so.
  3. As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
ASSIGNMENT

Smarters OTT Pro may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Smarters OTT Pro may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

INDEMNIFICATION

You agree to indemnify and hold Smarters OTT Pro harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Smarters OTT Pro Application; and (4) your violation of any law or the rights of a third party.

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 India, without regard to the choice or conflicts of law principles. The Arbitration Agreement as explained in paragraph 22 applies to all users.

DISPUTE RESOLUTION AND ARBITRATION

You and Smarters OTT Pro agree that any dispute, claim, or controversy between you and Smarters OTT Pro arising in connection with or relating in any way to these Agreements or to your relationship with Smarters OTT Pro as a user of Application (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and Smarters OTT Pro further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

NO CLASS OR REPRESENTATIVE PROCEEDINGS: CLASS ACTION WAIVER

YOU AND Smarters OTT PRO 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 ACTION. Unless both you and Smarters OTT Pro agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

ARBITRATION RULES
  1. Either you or we may start arbitration proceedings. Any arbitration between you and Smarters OTT Pro will take place in accordance with the prevailing  laws of India, as modified by this Arbitration Agreement. You and Smarters OTT Pro agree that the Indian Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above).Any arbitration hearings will take place in Chandigarh, India.
  2. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  3. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Chandigarh, before a single arbitrator.
  4. All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
  5. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
NOTICE; PROCESS

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 electronic mail (“Notice”).

Smarters OTT Pro’s address for Notice is: [email protected] . The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Smarters OTT Pro may commence an arbitration proceeding.
During the arbitration, the amount of any settlement offer made by you or Smarters OTT Pro shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.