1. Introduction

Welcome to Smart Gambler ("the App"). These Terms of Service ("Terms") govern your access to and use of the Smart Gambler mobile application, operated by smartgamblerapp.com ("we", "us", or "our").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

2. Eligibility and Age Restrictions

You must be at least 18 years old (or the legal gambling age in your jurisdiction, whichever is higher) to use this App. By using the App, you represent and warrant that you meet this age requirement.

The App is not intended for use by minors. We do not knowingly collect information from individuals under the legal gambling age.

3. Description of Service

Smart Gambler is a tracking and analytics tool designed to help users monitor their gambling sessions and analyze their gambling behavior.

4. Account and Subscription

4.1 Account Creation

You may be required to create an account to access certain features. You are responsible for:

• Providing accurate and complete information
• Maintaining the security of your account credentials
• All activities that occur under your account

4.2 Subscription Terms

Smart Gambler offers subscription-based premium features. By subscribing, you agree to:

• Pay the subscription fees as displayed in the App
• Automatic renewal unless cancelled prior to the renewal date
• Subscription management through your Apple App Store or Google Play Store account

4.3 Cancellation and Refunds

• You may cancel your subscription at any time through your App Store account settings
• Cancellation takes effect at the end of the current billing period
• Refunds are handled according to Apple App Store and Google Play Store policies
• We do not offer refunds for partial subscription periods

5. User Responsibilities

You agree to:

• Use the App only for lawful purposes and in compliance with local gambling laws
• Not use the App to facilitate illegal gambling activities
• Provide accurate information when tracking gambling sessions
• Not attempt to circumvent any security features or access restrictions
• Not reverse engineer, decompile, or attempt to extract source code from the App
• Not use the App in any way that could damage, disable, or impair our services

6. Data and Privacy

6.1 Data Collection

We collect and process personal data as described in our Privacy Policy. By using the App, you consent to such collection and processing in accordance with GDPR and applicable EU data protection laws.

6.2 Third-Party Services

The App uses third-party services for data storage and processing. These services have their own terms and privacy policies. Your data may be transferred to and processed in countries outside the EU.

6.3 Your Rights (GDPR)

Under GDPR, you have the right to:

• Access your personal data
• Rectify inaccurate data
• Request deletion of your data
• Object to data processing
• Data portability
• Withdraw consent at any time

To exercise these rights, contact us at support@smartgamblerapp.com.

7. Intellectual Property

7.1 Ownership

All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the exclusive property of smartgamblerapp.com and are protected by international copyright, trademark, and other intellectual property laws.

7.2 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use.

7.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Distribute, sell, lease, or sublicense the App
• Remove or modify any proprietary notices from the App

8. Disclaimers and Limitations of Liability

8.1 No Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 No Gambling Guarantees

We make no representations or warranties that:

• The App will help you win at gambling
• The App will meet your expectations or requirements
• The App will be error-free or uninterrupted

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are NOT liable for any gambling losses or financial damages
• We are NOT liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the App subscription in the 12 months preceding the claim
• We are NOT liable for damages arising from third-party services or data breaches of third-party providers

8.4 Responsible Gambling

9. Prohibited Conduct

You may not use the App to:

• Engage in or promote illegal gambling
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit viruses or malicious code
• Harass, abuse, or harm others
• Impersonate any person or entity
• Collect data about other users without consent

10. Termination

10.1 Termination by You

You may stop using the App and delete your account at any time.

10.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the service
• Any other reason at our sole discretion

10.3 Effect of Termination

Upon termination:

• Your right to use the App ceases immediately
• We may delete your account and data
• Subscription fees are non-refundable
• Sections that by their nature should survive termination will survive

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately upon posting the updated Terms in the App
• With notice provided through the App or via email

Your continued use of the App after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the European Union and the laws of your country of residence within the EU, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms or the App shall be resolved through:

1. Good faith negotiation between the parties
2. If negotiation fails, mediation under applicable EU mediation rules
3. If mediation fails, litigation in the courts of your country of residence within the EU

12.3 EU Consumers

If you are a consumer based in the EU, you may also have the right to file a complaint with your local data protection authority or consumer protection agency.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

13.4 Assignment

Client Rights: You may not assign, transfer, or sublicense these Terms or any of your rights and obligations under these Terms to any third party without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

Our Rights: We reserve the right to assign or transfer our rights and obligations under these Terms without restriction and without prior notice to you. This includes, but is not limited to, assignment in connection with:

• A merger, acquisition, or sale of all or substantially all of our assets
• A corporate reorganization or restructuring
• Transfer to an affiliate or subsidiary company
• Transfer to a successor entity in the event of bankruptcy or insolvency proceedings
• Any other business transaction involving the transfer of Smart Gambler

In the event of any such assignment by us, these Terms will continue to govern your use of the App, and the assignee will assume all rights and obligations under these Terms. You agree that any such assignment will not affect your rights or obligations under these Terms.

13.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control.

14. Contact Information